California MCLE Podcast – Details, episodes & analysis

Autonomous lethal weapons, often sensationalized as “killer robots,” are no longer confined to science fiction—they are a rapidly advancing reality in modern warfare. In this conversation, Georgetown Law Professor Mitt Regan, an expert on the laws of war and international law, delves into the profound ethical and legal implications of AI-enabled weapon systems for both current conflicts and the future of warfare. Central to the conversation are the legal frameworks governing AI-enabled weapons under international humanitarian law. Professor Regan examines principles such as distinction, proportionality, and precaution, showing how these are tested by systems that use AI to identify and engage targets. Significant gaps in legal frameworks persist, including the absence of a unified international agreement specifically addressing autonomous weaponry.

Mitt Regan is a professor of law at Georgetown Law and an expert on both national security and international humanitarian law. 

How to Earn CLE Credit

MCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast. 

Approved for 1.0 hour of General California MCLE credit.

Large language models (LLMs) are trained on vast, nearly unfathomable amounts of data—data that is now reshaping the very fields from which it was sourced, including literature, journalism, music, and photography. As a result, these models have sparked high-stakes litigation and raised novel legal questions about ownership and intellectual property, both in the AI training process and the output they produce. In this conversation, we explore the intersection of AI training and copyright law with Professor Shyamkrishna (Shyam) Balganesh of Columbia Law School, a prominent legal scholar who has been closely examining these emerging issues.

How to Earn CLE Credit

MCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast. 

Approved for 1.5 hours of General California MCLE credit.

In the volatile conflict between Israel and Gaza, the line between legitimate military action and war crimes is often blurred. Professor Michael Newton, an expert in the laws of war, begins with a brief history of war crimes and how these international laws were codified. He then turns to the violence in Gaza and Israel, using real life examples from bombings to kidnapping to better understand what differentiates a legitimate act of war from a war crime.

How to Earn CLE Credit

MCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast. 

Approved for 1.5 hours of General California MCLE credit.

Like all attorneys, Asian-American lawyers generally strive for legal excellence by honing their expertise and delivering quality client service. Yet, they can confront a myriad of stereotypes, biases, and misconceptions from colleagues and even clients. In this interview, Prof. Peter Huang of Colorado Law delves into the unique challenges and biases Asian-American lawyers face.

Prof. Huang discusses how many view Asian-American lawyers through the lens of the "model minority" myth. This stereotype paints Asian-Americans as a monolithic group, emphasizing traits such as studiousness, diligence, and obedience, and overlooking their diverse individual qualities. Such perceptions can have detrimental effects. Aspiring Asian-American leaders or law partners may find themselves pigeonholed as effective but potentially lacking creativity or vision, consequently limiting their ascent to senior roles.

Prof. Huang emphasizes that today's Asian-American lawyers often wrestle with subtle, unspoken or subconscious biases. He further enriches the discussion by introducing concepts like the “perpetual foreigner syndrome” or the minority “cloak of invisibility” shedding light on multifaceted challenges Asian-American professionals encounter.

How to Earn CLE Credit

MCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast. 

Approved for 0.5 hours of Implicit Bias & Bias Reducing Strategies California MCLE credit.

When you die without a will, the default rules of inheritance law kick in, allocating assets based on established formulas and hierarchies. In this conversation, Prof. John Morley (Yale Law School) explains basic inheritance law and delves into the default rules that come into play when a person dies without a will (“intestate”) and how these rules both vary significantly from state to state and are often at odds with common expectations when it comes to an individual’s legacy. 

Through his recent survey, Prof. Morley has uncovered differences in inheritance expectations across various demographic groups. For instance, women are notably less likely than men to intentionally leave money to their spouses. Additionally, the conversation explores discrepancies by race and sexual orientation as well as some notable surprises pertaining to less traditional family structures.

Prof. Morley's insights not only underscore the importance of having a will that accurately reflects one's wishes but also suggest that intestacy laws across the nation may be out of step with modern expectations and in need of revision.

How to Earn CLE Credit

MCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast. 

Approved for 1.0 hour of General California MCLE credit.

Students for Fair Admissions v. Harvard College signals a radical shift in how the Supreme Court views favoring racial diversity and affirmative action in higher education. Chief Justice John Roberts, writing the majority opinion in SFFA v. Harvard, rejects the use of race as a factor in college admissions, asserting that this practice, previously accepted under prior cases such as Bakke and Fisher (see additional resources), is no longer permissible. Professor Theodore Shaw of UNC Law School explains the evolution of affirmative action and racial diversity programs and the impact of this decision on our understanding of Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment.

How to Earn CLE Credit

MCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast. 

Approved for 1.0 hour of General California MCLE credit.

Law firm failures do not merely fall off into bankruptcy - they are spectacles of grand implosions. American law firms suffer from unique structural risks that can drive these formidable institutions to not just falter, but to rapidly collapse even when their balance sheets and profitability would suggest more durability in another industry. This phenomenon, far from random, stems from the fragile ownership structure unique to the legal industry. In an interview with Yale Law Professor John Morley, we take a deep dive into the inherent risks and dramatic consequences of law firm failures, and why this topic should command our attention. 

How to Earn CLE Credit

MCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast. 

Approved for 1.0 hour of Legal Ethics California MCLE credit.

Police commands are the cornerstone of law enforcement, at once projecting the authority of the state and instantly creating legal obligations for which the failure to comply can result in arrest, detention, or even the use of deadly force. But what are the limits of police commands? When are they lawful and what rights do we have to disobey them when they are unlawful? Professor Rachel Harmon, a leading scholar on police law explains how police commands are the building blocks of police authority and can serve as the foundation upon which a peaceful resolution to a crisis is built. On the other hand, bad commands can create confusion, escalate tensions, and result in unnecessary use of force. Prof Harmon explains the legal limits of police commands and how regulating them can play a critical role in reducing police abuse and unnecessary force.

How to Earn CLE Credit

MCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast. 

Approved for 1.0 hour of General California MCLE credit.

The term shadow docket refers to the decisions and orders of the Supreme Court outside of the traditional cases. Shadow docket cases generally lack the formal briefings, oral arguments, and reasoned, lengthy opinions of the merits cases. Over the last few years, the Court has increasingly used these decisions to address high-profile and politically-charged issues such as immigration, election disputes, pandemic restrictions, and abortion bans.

In this interview, Prof. Steven Vladeck (University of Texas Law School) breaks down this shift in power at the High Court and offers detailed analysis and a critique of the increased use of the shadow docket and what it might mean for the Court’s already-tarnished prestige. 

How to Earn CLE Credit

MCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast. 

Approved for 1.0 hour of General California MCLE credit.

Diversity and inclusion are laudable goals, but how can change be created in an industry driven by tradition and financial return? This interview explores the concept of using economic incentives and data to encourage diversity within the legal profession. The conversation also explores controversial topics such as diversity spin, partner compensation, and the impact on the legal profession of changes to affirmative action law currently being considered at the Supreme Court.  

Aviva Will is the Co-Chief Operating Officer at Burford Capital and one of the architects behind Burford’s Equity Project (a $150,000,000 fund allocated exclusively for women and minority litigators). Keith Harrison is a partner and co-chair of Crowell & Moring’s Litigation Group and a member of the firm's Diversity Council. Aviva and Keith sit down with Joel to discuss putting money on the line to overcome inherent biases and structural disadvantages and to encourage, maintain, and grow diversity in the profession of law. 

How to Earn CLE Credit

MCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast. 

Approved for 0.5 hours of Implicit Bias & Bias Reducing Strategies California MCLE credit.