UnCommon Law

<p>On UnCommon Law, legal issues, public policy, and storytelling collide. We'll explore the most important legal stories of the day: Is affirmative action in college admissions constitutional? Is it time to kill the bar exam? Should social media face special legal scrutiny? What are law firms doing to fix their lack of diversity? Produced and hosted by Matthew S. Schwartz. Winner of the 2023 American Bar Association Silver Gavel Award for Media and the Arts.</p>

Business, Interrupted

Businesses all across the country have been shutdown for days, weeks, or even months at a time due to the coronavirus pandemic. Many assumed their insurance policies would help them defray some of their lost revenue. But those assumptions were, by and large, wrong. In this special audio documentary, “Business, Interrupted” we look at why insurers denied the claims of their shuttered policyholders. A team of reporters from Bloomberg Law and Bloomberg Tax look into the so-called “virus exclusion” clauses, that insurers quietly inserted into many of their business policies, and how those clauses are now creating strife between insurers and businesses. We hear from several small business owners across the country about the shock they felt when their pandemic claims were denied, in some cases within hours after filing. We also hear from regulators and lawmakers about whether they will force insurers to retroactively honor these claims, a possibility that insurers view as an existential threat to their entire industry. --With assistance from Lydia Beyoud, Evan Weinberger and, David Hood Learn more about your ad choices. Visit megaphone.fm/adchoices

11-12
40:40

Why the Supreme Court's Gun Decision Matters So Much [Bonus Episode]

In a landmark 2nd Amendment decision on Thursday, the Supreme Court struck down New York's gun licensing law. It's a decision that transforms where and when a gun can be carried. And, for the first time, the Court recognized a constitutional right to carry a gun outside of the home, in public. If you know this is a big deal, but you're not sure why, or you just want a refresher on how we go here, we've got you covered. Today we're releasing an episode of our Cases & Controversies podcast for our [Un]Common Law listeners. This episode was originally released in November, just after oral arguments in the case. Bloomberg Law's Kimberly Robinson and Jordan Rubin explain what it's all about and why it is a "landmark decision." And, for the latest on this case and the Supreme Court go to news.bloomberglaw.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

06-24
22:37

Big Law Gender Gap: Re-imagining the Legal Workforce [Bonus Episode]

Law firms have a gender equity problem. Data has shown that women struggle to reach the upper levels of the profession, and that those who do had to work harder than their male counterparts. For example, two thirds of female attorneys say they've been perceived as less committed to their careers, compared with just two percent of male attorneys, according to a 2019 ABA survey. The reasons why aren't a mystery: the pay gap, the "motherhood penalty," legacy origination, a dearth of male mentors, and sexism, to name a few. But what are the solutions? If the ideal, female-friendly law firm could be created from scratch, with an infinite amount of start-up capital, how would it be done? We posed that question to nearly a dozen people in the legal industry, including diversity consultants, law firm partners, ex-partners, associates, and women who were on track to make partner but felt they were forced to leave. In this podcast, they tell us what they'd prioritize and some of the challenges that can't be fixed with money. Do you have an idea of how to create a women-friendly law firm? Share your thoughts with us by clicking here. Learn more about your ad choices. Visit megaphone.fm/adchoices

09-21
30:38

Introducing: Business of Bees

These days about one in three bites of food you eat wouldn’t be possible without commercial bee pollination. And the economic value of insect pollination worldwide is estimated to be about $217 billion. But as important as bees have become for farming, there’s also increasing signs that bees are in trouble. In the decade-plus since the first cases of Colony Collapse Disorder were reported, bees are still dying in record numbers, and important questions remain unanswered.  Over the course of one year, host Adam Allington and environment reporters David Schultz and Tiffany Stecker traveled to all corners of the honeybee ecosystem from Washington, D.C., to the California almond fields, and orchards of the upper Midwest to bring back answers to these questions.  Learn more about your ad choices. Visit megaphone.fm/adchoices

05-02
02:26

1. The Big Business of Bees

In the premiere episode of Business of Bees, we dive deep into the modern bee-conomy. Hosts Adam Allington and Tiffany Stecker start in the almond fields of California, where farmers need bees for the largest managed pollination event in the world. The effects of Colony Collapse Disorder are still being felt, but we find out that the business of bees is actually booming.  Learn more about your ad choices. Visit megaphone.fm/adchoices

05-16
20:17

2. Apis Mellifera

Hosts Adam Allington and David Schultz take us back to the earliest days of beekeeping in Egypt and tell us how humans and honeybees formed a partnership that has spanned thousands of years and several continents. In addition to the obvious benefits of producing honey, Apis Mellifera, also known as the European honeybee, has also inspired the imagination of thinkers and philosophers from the “land of milk and honey,” up to a 19th century minister who invented the modern beehive.  Learn more about your ad choices. Visit megaphone.fm/adchoices

05-23
17:50

3. How Bees and Farmers Got Together

Commercial honey bees take laps around the U.S. to pollinate fruits, veggies and nuts – and their services aren’t cheap. But they are essential. Hosts Adam Allington and Tiffany Stecker talk with farmers in California about the rising costs of hives and how those traveling bees could be pushing native pollinators out of their habitats. Learn more about your ad choices. Visit megaphone.fm/adchoices

05-30
21:37

4. Honeybees Don’t Need to be ‘Saved’

Fluffy black and yellow-striped honeybees are the poster species for environmentalists working to save these struggling insects. But what about the other thousands of bee species pollinating crops and flowers? Hosts Adam Allington and David Schultz explore how the honeybee came to be the classic bee. Learn more about your ad choices. Visit megaphone.fm/adchoices

06-06
19:08

5. Invasion of the Beehive Bodysnatchers

The drastic decline in honeybee populations is no secret. For years, pesticides were thought to be the leading cause of increased die-offs. But new studies suggest that the parasite Varroa destructor, which sounds like it belongs in a sci-fi film, might be affecting bee health more than we thought. Learn more about your ad choices. Visit megaphone.fm/adchoices

06-13
23:03

6. Of Pollinators and Pesticides

Bees are up against a lot these days: a shrinking habitat, invasive mites, Colony Collapse Disorder, and even the pesticides on the crops they help pollinate. Hosts Adam Allington, Tiffany Stecker and David Schultz dig into recent studies that show nectar and pollen contaminated with insecticides may be harming bees much more than previously thought. Learn more about your ad choices. Visit megaphone.fm/adchoices

06-20
26:43

7. Business of Bees: Live in Seattle [Bonus Episode]

A discussion of the state of pollinator ecology and economics hosted by Adam Allington at the American Association for the Advancement of Science's annual meeting. Guests include Peter Nelson, director of the documentary film, “The Pollinators,” and Donna McDermott, a PhD candidate at Emory University studying the impact of pesticides on bumble bee behavior. Learn more about your ad choices. Visit megaphone.fm/adchoices

02-26
26:55

Introducing: Black Lawyers Speak

Despite decades of work to educate more Black lawyers, the percentage of Black associates and partners in firms across the U.S. remain very low, and well below those of other professional careers. Big Law firms across the board are ramping up social justice efforts as the nation engages in a renewed dialogue on race and equality. But some have accused firms of using minorities as “diversity props” to impress clients and misrepresent their inclusiveness to potential employees. So what are law firms doing to fix their lack of diversity? Hosts Adam Allington and Lisa Helem, along with reporters Ayanna Alexander, Ruiqi Chen, and Meghan Tribe, interviewed lawyers across the industry, from corporate general counsels to top Am Law 200 lawyers to current law students, each sharing their experience navigating the legal space as a person of color. We try to answer what law firms are doing to recruit more diverse classes of lawyers, and how they are addressing barriers to entry for Black lawyers. Learn more about your ad choices. Visit megaphone.fm/adchoices

12-04
02:08

Black Lawyers Speak, Ep. 1

For months now, law firms and companies across the nation have joined the national dialogue on race and equality—sprouting up amid outcry over the deaths of George Floyd, Breonna Taylor and others — to take a fresh look at how their corporate cultures can better incorporate diversity and inclusion. But every effort to change culture comes with a cost: disruption of the status quo. Is the legal profession willing to pay it? This podcast takes aim at this question and others. Why has Big Law struggled for decades to hire and promote more Black attorneys, despite years of discussion and efforts? What can we learn from the sacrifices and triumphs of pathbreaking law firm leaders and law professors? And will the hopes African American lawyers have held for greater equity in corporate spaces finally be realized this time? In this podcast series, we’ll be peeling the curtain back on the experiences of African American lawyers at elite law firms and companies and their work for equality in the profession. You'll hear insight on the challenges of culture change, and why, despite it all, they have great hope for the future.  Co-hosts and producers of this podcast: Adam Allington and Lisa Helem. Executive producer: Josh Block Executive editor: Lisa Helem. Additional production and editing by Marissa Horn and Rebekah Mintzer. Learn more about your ad choices. Visit megaphone.fm/adchoices

12-09
31:30

Black Lawyers Speak, Ep. 2

Despite the increased emphasis on diversity and inclusion in law firms, the legal profession remains among the least diverse of any profession today. According to the American Bar Association’s National Lawyer Population Survey, in 2007 just 4% of active attorneys identified as Black or African American. Since that time, the number has remained largely flat at around 5%, despite decades of diversity efforts and studies that diversity is good for business. Law firms say that they recognize that the ongoing lack of diversity is a problem, and they say they are committed to fixing it. But what steps are they taking and why haven’t the programs they’ve put in place been more effective? Also, what role are general counsel playing as companies seek to leverage the carrot of their business to promote change. In episode two of Black Lawyers Speak, Bloomberg Law interviews: Tony West, chief legal officer at Uber Elie Mystal, justice correspondent at The Nation David Wilkins, vice dean for Global Initiatives on the Legal Profession at Harvard Law School Chaka Patterson, senior vice president and general counsel Adtalem Global Education Kim Rivera, president, strategy and business management and chief legal officer at HP Inc. Raqiyyah Pippins, partner at Arnold & Porter Stephen Robinson, partner, litigation; co-chair of the global Diversity Committee at Skadden Kinika Young, senior director of health policy and advocacy at Tennessee Justice Center Warren Allen, founding member of WTAII PLLC Black Lawyers Speak, a five-episode podcast series, is part of [Un]Common Law, Bloomberg Industry Group’s new home for audio documentaries. Learn more about your ad choices. Visit megaphone.fm/adchoices

12-16
39:36

Black Lawyers Speak, Ep. 3

In the wake of last summer’s protests, more law firms in the AmLaw 200 are being more vocal about plans to increase their diversity. For decades, Big Law has been one of the least diverse industries in America, especially when it comes to Black lawyers. In episode three of Black Lawyers Speak, we focus on the legal education pipeline and whether law schools and law students can push law firms to be accountable for their rhetoric. Legal experts point out that one reason for the lack of diversity is the fact that elite firms tend to recruit and hire most from top-ranked law schools. And, not only are these schools expensive and difficult to get into, but they just don’t graduate enough students of color to diversify an entire corporate sector. Some law school dean argue that to be successful, the legal industry will need to start doing things differently. That could include hiring a larger percentage of students from schools ranked outside of U.S. News & World Report's top 14 and re-evaluating the significance of law school rankings. In episode three of Black Lawyers Speak, Bloomberg Law interviews: L. Song Richardson, dean and professor of law, University of California, Irvine School of Law Mariah Levy, law student, Northwestern University Pritzker School of Law Rashad Abdallah, law student, University of Michigan Law School Rachel Barnes, law student, University of Virginia School of Law; chair of the National Black Law Students Association Danielle Holley-Walker, dean and professor of law, Howard University School of Law Tsedale Melaku, sociologist, Critical Race and Gender Scholar Elie Mystal , justice correspondent at The Nation Wendell Taylor, Washington office managing partner of Hunton Andrews Kurth Merle Vaughn, managing director and national law firm diversity practice leader at Major, Lindsey & Africa Black Lawyers Speak, a five-episode podcast series, is part of [Un]Common Law, Bloomberg Industry Group’s new home for audio documentaries. Learn more about your ad choices. Visit megaphone.fm/adchoices

12-23
34:42

Black Lawyers Speak, Ep. 4

In "Black Lawyers Speak: Stories of the Past, Hopes for the Future," we have looked at how the current focus on diversity and inclusion in Big Law is playing out. We have heard from key players at law firms and in corporations about how they are doing the hard work of culture change, and how, through their work, they are underscoring the argument that diversity is good business. In episode four, we turn our attention to the unique experiences of African American women law partners, a segment that comprises less than 1% of all partners in the legal profession. We speak with veteran lawyers who have ascended to the highest ranks of leadership at major firms, those who serve as general counsel at large companies and younger partners who are putting their stamp on a more inclusive future right now. In episode four of Black Lawyers Speak, Bloomberg Law interviews: Shauna Clark, global and U.S. chair of Norton Rose Fulbright and U.S. head of employment and labor practice. Grace Speights, global head of labor & employment practice at Morgan Lewis. April Boise Miller, co-founder of the Black GC 2025 Initiative and executive vice president and general counsel at Eaton. Christa Brown-Sanford, partner and deputy chair of intellectual property at Baker Botts Raqiyyah Pippins, life sciences and healthcare regulatory partner at Arnold & Porter Tsedale Melaku, Ph.D., sociologist and postdoctoral research fellow at the Institute for Research on the African Diaspora in the Americas & the Caribbean at The Graduate Center, City University of New York Maja Hazell, global head of diversity & inclusion at White & Case Black Lawyers Speak: Stories of the Past, Hopes for the Future," a five-episode podcast series, is part of [Un]Common Law, Bloomberg Industry Group’s home for audio documentaries. Learn more about your ad choices. Visit megaphone.fm/adchoices

01-06
28:07

Black Lawyers Speak, Ep. 5

In "Black Lawyers Speak: Stories of the Past, Hopes for the Future," we have looked at how the current focus on diversity and inclusion in Big Law is playing out. We have heard from key players at law firms, law schools and corporations about how issues or diversity and inclusion are being treated in the wake of last summer's police shootings and protests. In episode five, we turn our attention to the issue of diversity in the federal judiciary. We speak with former judges and legal scholars as well as advocacy groups about what role diversity should play in court appointments, and how it impacts the perception of the courts' legitimacy by the communities they serve. In episode five, Bloomberg Law interviews: Eric H. Holder Jr., former United States Attorney General and partner at Covington & Burling LLP. Janai Nelson, Associate Director-Counsel of the NAACP Legal Defense and Educational Fund (LDF). Jonathan Adler, Johan Verheij Memorial Professor of Law at Case Western Reserve School of Law. Trina Jones, Jerome M. Culp Professor of Law at Duke University School of Law. Catherine Smith, professor at the University of Denver Sturm College of Law. Stephen Robinson, of counsel at Skadden Arps and former federal judge for the U.S. District Court for the Southern District of New York. Lena Zwarensteyn, Fair Courts Campaign Director for the Leadership Council on Civil and Human Rights. "Black Lawyers Speak: Stories of the Past, Hopes for the Future," a five-episode podcast series, is part of [Un]Common Law, Bloomberg Industry Group’s new home for audio documentaries. Learn more about your ad choices. Visit megaphone.fm/adchoices

01-13
22:54

Eric Holder on Diversifying the Judiciary [Bonus Episode: Black Lawyers Speak]

Earlier this year [Un]Common Law published a podcast series looking at the experiences of African American lawyers and judges working in the legal industry—which, to this day, remains one of the least diverse professions in America. Now, more than a year since George Floyd’s murder, and the wave of soul-searching in the legal industry that followed, 16 of the nation’s largest law firms, nine of which are in the Am Law 200, still do not have even a single Black partner according to a report from the American Lawyer. Back in January we interviewed former U.S. Attorney General Eric Holder, now a partner with Washington DC-based, Covington & Burling as part of [Un]Common Law's “Black Lawyers Speak Series," and today we are releasing the full Q&A as a bonus episode from that series.  Learn more about your ad choices. Visit megaphone.fm/adchoices

06-01
22:06

The End of an Era: Beveridge's Outgoing Chairman Ben Wilson on Leadership, Law and Life [Bonus Episode: Black Lawyers Speak]

On January 1, Ben Wilson will officially conclude his tenure as chairman of Beveridge & Diamond and retire from the firm. As first reported by Bloomberg Law, Wilson, affectionately regarded as the dean of Black partners at major law firms, announced his retirement this fall after 45 years in legal practice, 35 of those years with the firm. Wilson became chairman of the Washington, D.C.-based Beveridge & Diamond in 2017, 31 years after entering the firm as its first Black partner. But his impact stretches far beyond his firm. Over the years, the Harvard Law graduate has mentored generations of Black and other diverse law firm partners, general counsel and law students across the country, becoming known to many as a teacher, a coach and a friend. In 2008, founded the Diverse Partners Network, which he’ll continue to lead after retirement, renamed as the Diverse Lawyers Network. He is also the founder of the African American Managing Partners Network, a tight-knit network of African American leaders of major law firms, and the African American General Counsel Network. Lisa Helem, Bloomberg Law’s Executive Editor for Strategic Initiatives, spoke with Wilson about law firm leadership, his formative years growing up in Jackson, Mississippi, his work to improve diversity in the legal profession and his legacy. We present that conversation here as a special episode of our award-winning “Black Lawyers Speak” series, hosted on UnCommon Law. Learn more about your ad choices. Visit megaphone.fm/adchoices

12-29
48:46

1. The Death of George Floyd: Police on Trial

The trial of former Minneapolis police officer Derek Chauvin, who is charged with second-degree unintentional felony murder and second-degree manslaughter in the death of George Floyd, begins this week with the task of finding 12 jurors who can set aside their opinions and render a unanimous verdict. But in a high-profile case such as this, with so many strong opinions already formed, criminal law experts are saying that jury selection may be the most critical piece of the case. The question at the heart of the case is whether what millions of people saw on the viral video of Chauvin kneeling on the neck of Floyd as he died was murder or a tragic accident.. In advance of what very well could be the highest profile court case since O.J. Simpson or Rodney King, officials in Minnesota have spent the last eight months preparing for another wave of civil unrest. Barricades and fences have been erected in front of government buildings and thousands of police officers and National Guard members and have been called in as backup. Law enforcement has vowed to preserve people’s rights to assemble and protest, but also keep the peace. The three other officers involved in the case, Tou Thao, Alexander Kueng and Thomas Lane are charged with aiding and abetting murder and manslaughter. Their separate trial is now scheduled for Aug. 23. We talk to Jack Rice, a Minneapolis-based defense attorney, and Glenn Kirschner, a former federal prosecutor with 30 years of trial experience, about the intricacies of picking a jury in a pandemic. Reporter Jordan Rubin also joins to lay out the basics of the case Here is a link to the full 16-page jury questionnaire. Learn more about your ad choices. Visit megaphone.fm/adchoices

03-08
18:40

MaPepa

The judicature must be extricated from the political system if it wants any credibility. Here is an idea: https://moderncourts.org/programs-advocacy/judicial-selection/why-merit-selection/

10-06 Reply

MaPepa

Doesn't this have less to do with administrative law than Big Business's desire to 'own' employees on account of an alleged "investment" in their formation? Laws will always be interpreted based on the desired outcome. A clear caae of "the end justifies the means."

08-13 Reply

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