Law touches most aspects of life. Here to help make sense of it is the Stanford Legal podcast, where we look at the cases, questions, conflicts, and legal stori...
The Presidential Pardon Power, from Biden and Trump to Ancient Kings
Presidential pardons are in the headlines again after President Joe Biden’s pardon of his son Hunter. But the vast majority of presidents have used this awesome power, which was enshrined in the Constitution at the founding of the country and dates back to 7th Century English monarchs. What are the issues at play with modern presidential pardons? What does history tell us about this practice? Our guest this week is Stanford Law Professor Bernie Meyler, a scholar of British and American constitutional law and of law and the humanities and author of the book Theaters of Pardoning. She joins Pam and Rich for a discussion of high-profile pardons like Hunter Biden and Donald Trump’s allies to broader issues of mercy, justice reform, the implications of pardons in polarized politics, their historical roots, and ideas for reform. Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>> Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/XLinks:Bernadette Meyler >>> Stanford Law page(00:00:00) Chapter 1: The Origins and Evolution of the Pardoning PowerHosts Pam Karlan and Rich Ford welcome guest Bernie Meyler. The discussion opens with a look at the historical roots of the pardoning power, tracing its lineage from the divine rights of kings in England to its adaptation in American democracy. Key examples include early English judicial pardons, debates at the U.S. Constitutional Convention, and George Washington's use during the Whiskey Rebellion. The chapter closes with insights into President Trump's controversial approach to pardons, likened to monarchical practices of wielding power above the law.(00:05:04) Chapter 2: Legal Boundaries and Contemporary Issues in PardoningThis chapter examines the legal limits of the president's pardoning power, such as the inability to pardon state crimes, and the various forms pardons can take. The conversation pivots to notable recent pardons, including Hunter Biden's, sparking a discussion about blanket pardons versus specific ones and their implications on guilt and historical accountability.(00:14:24) Chapter 3: Pardons, Polarization, and Public Perception The discussion shifts to the broader context of pardons, their declining use, and the influence of public opinion. The hosts analyze the risks of granting pardons and compare historical uses of the power, such as Washington’s Whiskey Rebellion pardons, to modern examples like January 6th.(00:21:02) Chapter 4: Reforming the Pardon Process in a Divided Society The group explores potential reforms to the pardon process, suggesting ways to make it more democratic and transparent. Meyler discusses citizen panels and their role in ensuring fairness, while reflecting on the challenges of polarized politics.
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Exploring AI in Healthcare: Legal, Regulatory, and Safety Challenges
Artificial Intelligence holds the potential to transform much of our lives and healthcare professions are embracing it for everything from cost savings to diagnostics. But who is to blame when AI assisted healthcare goes wrong? How is the law developing to balance the benefits and risks? In this episode, Pam and Rich are joined by health policy expert Michelle Mello and Neel Guha, a Stanford JD/PhD candidate in computer science, for a discussion on the transformative role of AI in healthcare. They examine AI’s potential to enhance diagnostics and streamline workflows while addressing the ethical, legal, and safety challenges this new technology can bring. The conversation highlights the urgency of adapting regulatory frameworks, the complexities of liability among hospitals, developers, and practitioners, and the need for rigorous testing to ensure patient safety as AI integration in healthcare advances.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>> Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/XLinks:Michelle Mello >>> Stanford Law page(00:00:00) Chapter 1: Understanding AI in MedicineThe episode begins with a broad introduction to AI's applications in medicine. Neel Guha explains generative AI systems and their rapid advancement, including practical applications like chatbots, imaging, and decision-making tools. Michelle Mello highlights AI's widespread integration, from diagnostic tools like radiological imaging and predictive algorithms to administrative uses that aim to reduce physician burnout.(00:07:04) Chapter 2: The Benefits and Risks of AI in HealthcareThe group explores the advantages of AI in medicine, such as enhanced diagnostic precision, reduced administrative burdens, and improved patient outcomes. Michelle Mello identifies potential risks, like automation bias, where reliance on AI might lead to unchecked errors, highlighting the tension between time-saving tools and maintaining human oversight.(00:08:22) Chapter 3: Legal Challenges and Liability in AI-Driven MedicineThe conversation turns to the legal implications of AI in healthcare. Neel Guha outlines scenarios where AI contributes to patient harm, discussing negligence claims, product liability, and the complexity of determining accountability. Michelle Mello and the hosts analyze how liability standards might evolve, comparing AI's systematic errors to human fallibility and addressing the interplay of human-AI collaboration in preventing mistakes.(00:14:47) Chapter 4: The Challenges of AI and Transparency in Decision-MakingThe group explores parallels between medical and anti-discrimination fields in understanding machine learning's opaque decision-making. Neel Guha delves into the evolution of AI systems from rule-based programming to complex machine learning, emphasizing challenges in identifying points of failure across stakeholders like hospitals, physicians, and developers.(00:17:35) Chapter 5: Regulation and Liability of AI in HealthcareMichelle Mello discusses the regulatory framework for AI as a medical device, comparing outdated 1976-era regulations to modern challenges. The conversation shifts to gaps in tort liability and the risks of developers limiting their liability through contracts. Proposals for redistributing liability to incentivize better private governance are examined alongside the need for robust AI quality assurance akin to crash tests or clinical trials.(00:23:13) Chapter 6: The Road Ahead: Balancing Innovation and SafetyThe speakers analyze the distinct challenges of regulating AI across diverse healthcare environments. Neel Guha and Michelle Mello discuss adapting evaluation practices to align with AI's real-world complexities. Optimism prevails as Michelle highlights AI’s potential to address critical issues like diagnostic delays, advocating for guardrails to ensure safety without stifling innovation. The episode concludes with reflections on Stanford's interdisciplinary approach to these pressing issues.
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Crime, the Opioid Crisis, and Gun Violence: New Jersey Attorney General Matt Platkin on How Action at the State Level Is Making a Difference
Matt Platkin, who was the youngest-ever AG in the country when he was appointed in 2022, discusses some of his public safety initiatives such as the ARRIVE Together program, which pairs mental health professionals with law enforcement to improve responses to mental health crises. Among other pressing issues facing New Jersey, Platkin also addresses his state's comprehensive approach to gun violence, which focuses on data-driven crime enforcement, community violence prevention, and legal accountability for firearm manufacturers.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>> Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/XLinks:Matt Platkin >>> State of New Jersey Page(00:00:00) Chapter 1: The Role and Challenges of State Attorneys General Show Notes: Host Rich Ford introduces Matt Platkin, Attorney General of New Jersey, and dives into the multifaceted role and responsibilities of state attorneys general, especially in enforcing public safety and overseeing large-scale law enforcement. Platkin shares insights on the expectations and hurdles faced by AGs, highlighting the critical role they play in protecting communities.(00:03:42) Chapter 2: Innovative Crisis Intervention Programs The discussion shifts to the "ARRIVE Together" program, a pioneering mental health and law enforcement collaboration aimed at de-escalating crisis situations. Platkin explains how pairing officers with mental health professionals in crisis response has drastically reduced force incidents and arrests in New Jersey. He also touches on the broader need for mental health resources, noting how training and interdisciplinary cooperation contribute to more effective, compassionate responses.(00:09:10) Chapter 3: Public Health Approaches to Opioid and Gun Crises Platkin outlines New Jersey's proactive strategies to tackle the opioid and gun violence epidemics, focusing on diversion programs, community partnerships, and civil enforcement. He discusses the impactful results of addressing these issues as public health crises, noting the state’s success in reducing both opioid fatalities and gun-related violence through data-driven enforcement, community engagement, and targeted litigation against non-compliant businesses.(00:17:34) Chapter 4: Interstate Coordination and the Role of AGs in Federal LitigationAttorney General Matt Platkin explains the importance of collaboration among state attorneys general, including bipartisan efforts in federal litigation. He shares examples of major joint cases, such as those against Meta and Apple, and discusses how AGs coordinate on issues that transcend state lines, often through bipartisan associations.(00:20:14) Chapter 5: The Evolution and Influence of the New Jersey Supreme CourtPam Karlan asks Platkin about New Jersey’s innovative Supreme Court. Platkin delves into the unique aspects of New Jersey’s government structure, including the influential role of the state Supreme Court in affordable housing and school funding cases. He shares insights on recent judicial reforms and the impact of balanced partisan representation on the court.(00:25:08) Chapter 6: Path to Public Service and Career ReflectionsPlatkin recounts his journey from law school to Attorney General, sharing pivotal moments like working on Cory Booker’s campaign and volunteering in San Antonio. He reflects on how early career risks and public service aspirations shaped his path, highlighting the impact of his experiences on his leadership in New Jersey’s government.
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Racism in Property Deeds: Stanford Team Develops AI Tool to Identify and Map Racial Covenants
Stanford Law's Daniel Ho and computer science/law student Mirac Suzgun discuss the enduring impact of racially restrictive covenants in real estate with host Rich Ford. Though unenforceable since 1948, these clauses are a lingering reminder of housing segregation and racism in the United States, as Professor Ho's own experience of discovering a covenant barring Asians from purchasing his home highlights. The conversation also looks at legislative efforts to remove the covenants and an innovative AI tool developed by Stanford's RegLab that helps counties identify and redact these covenants, streamlining the process while preserving the historical record.Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>> Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/XLinks:Dan Ho >>> Stanford Law School PageStanford’s RegLab >>> Stanford Page(00:00:00) Chapter 1: Introduction to Racial Covenants and AB 1466Host Rich Ford introduces the episode, guests Professor Dan Ho and SLS student Mirac Suzgun, and the topic of racial covenants in real estate. They discuss the persistence of racially restrictive covenants, despite being declared unenforceable by the Supreme Court in Shelley v. Kramer (1948), and highlight California’s AB 1466 law, which aims to address the issue.(00:04:00) Chapter 2: The Role of AI in Redacting Racial CovenantsDan Ho explains how Santa Clara County faced the challenge of identifying and redacting racial covenants from millions of historical deed records. The conversation shifts to the AI tool developed by Stanford’s RegLab, which automates the identification of racially discriminatory language in property documents. Mirac Suzgun elaborates on the stages of the AI tool, including OCR and machine learning, to help counties meet their legal obligations.(00:10:01) Chapter 3: Historical Context and Persistence of Racial CovenantsRich Ford and Dan Ho delve into the history of racial covenants, explaining their rise after the Buchanan decision (1917) and their persistence even after the Shelley v. Kramer ruling. They discuss how these covenants, though unenforceable, served as a community signaling function, reinforcing housing segregation for decades.(00:16:13) Chapter 4: The Legacy of Racial CovenantsRich Ford and Mirac Suzgun discuss the evolution of state-sponsored race segregation and the role of private covenants in perpetuating housing discrimination. They emphasize how these covenants, often embedded in property deeds, remain binding on homeowners, illustrating the historical entrenchment of racial segregation in real estate.(00:18:48) Chapter 5: Uncovering Historical Data and ResponsibilityDan Ho shares findings from a study revealing the prevalence of racial covenants in Santa Clara County. The discussion highlights the significant responsibility of a small number of developers in enforcing these covenants, contrasting this with the example of Joseph Eichler, who resisted such practices and promoted housing reform.(00:23:11) Chapter 6: Utilizing Technology for Social JusticeThe conversation shifts to the innovative tools developed to identify and address racial covenants in property records. The hosts explore the implications of these discoveries for understanding historical injustices and the importance of retaining historical records while advocating for modern social justice initiatives, plus closing remarks.
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Killing in Self Defense: The Legal Complexities of Abuse-Related Crimes and the Impact of Intimate Partner Violence on Women's Criminal Convictions
How are victims of intimate partner violence meant to protect themselves—and, often, their children—without winding up dead, in hospital, or prison? It’s a situation that many find themselves in. Approximately 15 percent of women in the United States are victims of intimate partner violence, according to the National Domestic Violence Hotline. But the legal system is not set up to help them. In this episode the executive director of the Stanford Criminal Justice Center, Debbie Mukamal, and Stanford Law student Jacqueline Lewittes join Pam and Rich to discuss the Center's new study “Fatal Peril: Unheard Stories from the IPV-to-Prison Pipeline and Other Stories Touched by Violence,” that offers groundbreaking data and personal stories from women currently in prison because of intimate partner violence. They also touch on the systemic failures in the justice system in handling these complex cases. Connect:Episode Transcripts >>> Stanford Legal Podcast WebsiteStanford Legal Podcast >>> LinkedIn PageRich Ford >>> Twitter/XPam Karlan >>> Stanford Law School PageStanford Law School >>> Twitter/XStanford Lawyer Magazine >>> Twitter/XLinks:Debbie Mukamal >>> Stanford Law School PageFatal Peril: Unheard Stories from the IPV-to-Prison Pipeline >>> Stanford Law School Page(00:00:00) Chapter 1: Introductions and Goals of the Research Hosts Pam Karlan and Rich Ford discuss how the project on women incarcerated for killing their abusers began during the pandemic, sparked by a lack of national data on these cases with Debbie Mukamal and SLS student Jacqueline Lewittes. Mukamal explains how her team's long-standing relationships with the California Department of Corrections facilitated their research access despite COVID-19 restrictions.(00:04:12) Chapter 2: Research Design and Challenges The team outlines the complexities of designing the study, including broadening the focus beyond intimate partner killings and overcoming barriers like accessing reliable court records. They explain how they relied on direct interviews and used validated tools like the Danger Assessment and Composite Abuse Scale to assess the severity of abuse.(00:08:42) Chapter 3: Striking Findings and Legal Implications Explore key findings, including the prevalence of traumatic brain injuries among respondents and the failure of self-defense laws to protect abused women. Jacqueline highlights a specific case that illustrates how memory loss due to abuse complicates self-defense claims, underscoring the systemic legal failures.(00:18:30) Chapter 4: The Role of Intimate Partner Violence in Homicide CasesThe group delves into the startling statistics of women convicted of homicide in connection to intimate partner violence. Debbie Mukamal discusses how nearly 74% of women in their study had experienced abuse at the time of the offense, breaking down the subcategories of cases, from those who killed their abuser to others involving child fatalities.(00:21:25) Chapter 5: Systemic Failures in Protecting Abuse VictimsExamine the various ways in which the legal system fails to protect women who are victims of abuse. From denied protective orders to mistreatment by police and ineffective legal defense, the discussion highlights the failures at multiple levels and the resulting harsh sentences.(00:23:55) Chapter 6: Law Reform and the Impact of Trauma on Legal CulpabilityThis segment focuses on potential legal reforms, including changes to homicide statutes and the need for better understanding of traumatic brain injury (TBI) in abuse survivors. Debbie Mukamal and Pam Karlan discuss the implications of TBI on a woman’s ability to recall facts, and how reforms could better account for their experiences.
Law touches most aspects of life. Here to help make sense of it is the Stanford Legal podcast, where we look at the cases, questions, conflicts, and legal stories that
affect us all every day.
Stanford Legal launched in 2017 as a radio show on Sirius XM. We’re now a standalone podcast and we’re back after taking some time away, so don’t forget to subscribe or follow this feed. That way you’ll have access to new episodes as soon as they’re available.
We know that the law can be complicated. In past episodes we discussed a broad range of topics from the legal rights of someone in a conservatorship like Britney Spears to the Supreme Court’s abortion decision to how American law firms had to untangle their Russian businesses after the invasion of Ukraine. Past episodes are still available in our back catalog of episodes.
In future shows, we’ll bring on experts to help make sense of things like machine learning and developments in the regulation of artificial intelligence, how the states draw voting maps, and ways that the Supreme Court’s affirmative action ruling will change college admissions.
Our co-hosts know a bit about these topics because it’s their life’s work.
Pam Karlan studies and teaches what is known as the “law of democracy,”—the law that regulates voting, elections, and the political process. She served as a commissioner on the California Fair Political Practices Commission, an assistant counsel and cooperating attorney for the NAACP Legal Defense Fund, and (twice) as a Deputy Assistant Attorney General in the Civil Rights Division of the U.S. Department of Justice. She also co-directs Stanford’s Supreme Court Litigation Clinic, which represents real clients before the highest court in the country, working on important cases including representing Edith Windsor in the landmark marriage equality win and David Riley in a case where the Supreme Court held that the police generally can’t search digital information on a cell phone seized from an individual who has been arrested unless they first get a warrant. She has argued before the Court nine times.
And Rich Ford’s teaching and writing looks at the relationship between law and equality, cities and urban development, popular culture and everyday life. He teaches local government law, employment discrimination, and the often-misunderstood critical race theory. He studied with and advised governments around the world on questions of equality law, lectured at places like the Sorbonne in Paris on the relationship of law and popular culture, served as a commissioner for the San Francisco Housing Commission, and worked with cities on how to manage neighborhood change and volatile real estate markets. He writes about law and popular culture for lawyers, academics, and popular audiences. His latest book is Dress Codes: How the Laws of Fashion Made History, a legal history of the rules and laws that influence what we wear.
The law is personal for all of us—and pivotal. The landmark civil rights laws of the 1960s have made discrimination illegal but the consequences of the Jim Crow laws imposed after the civil war are still with us, reflected in racially segregated schools and neighborhoods and racial imbalances in our prisons and conflict between minority communities and police. Unequal gender roles and stereotypes still keep women from achieving equality in professional status and income. Laws barring gay people from marrying meant that millions lived lives of secrecy and shame. New technologies present new legal questions: should AI decide who gets hired or how long convicted criminals go to prison? What can we do about social media’s influence on our elections? Can Chat GPT get copyright in a novel?
Law matters. We hope you’ll listen to new episodes that will drop on Thursdays every two weeks.
To learn more, go to https://law.stanford.edu/stanford-legal-podcast/.
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