Voter ID: A Debate - Podcast

Free Speech & Election Law Practice Group Podcast
Maya Noronha, Daniel P. Tokaji August 22, 2016

Recent North Carolina, North Dakota, Texas, and Wisconsin court decisions have invalidated voter ID laws under constitutional and Voting Rights Act challenges. How do these recent decisions square with Crawford v. Marion County Election Board, where the United States Supreme Court upheld the Indiana voter ID law in 2008? In this podcast, Maya M. Noronha, an election attorney at BakerHostetler, and Dan Tokaji, a law professor at The Ohio State University, Moritz College of Law, addressed these recent decisions and debated the legality of voter ID laws.


  • Ms. Maya Noronha, Associate, BakerHostetler
  • Prof. Daniel P. Tokaji, Moritz College of Law, The Ohio State University

When Lines in The Sea Fail: China Dismisses Hague Arbitration Court Ruling - Podcast

International & National Security Law Practice Group Podcast
Julian Ku, James Kraska August 19, 2016

The Chinese Supreme People’s Court and the Chinese government have denounced the Permanent Court of Arbitration at the Hague’s recent ruling. According to The United Nations Convention on the Law of the Sea (UNCLOS) provisions, island-building activity and territorial claims in the South China Sea violated international and environmental law. Was China bound by this ruling, although China objects to The Hague Arbitration Court’s jurisdiction, and claims that consent was not given? When international law, agreements, and norms are summarily voided by a losing nation, what should be the international legal and political response? Regarding international agreements specifically, does this case provide warnings for signatories to treaties and agreements? Are there lessons for the United States in the consideration of potential reservations, opt-outs, alternate venues, or waivers, and whether they were given proper regard by the Court?


  • Prof. James Kraska, Howard S. Levie Professor in the Stockton Center for the Study of International Law at the U.S. Naval War College in Newport, Rhode Island
  • Prof. Julian Ku, Maurice A. Deane Distinguished Professor of Constitutional Law and Faculty Director of International Programs, Hofstra University School of Law

Changing the Rules of Discovery - Podcast

Litigation Practice Group Podcast
Alexander R. Dahl, A. Benjamin Spencer August 19, 2016

A “requester pays” amendment to the Federal Rules of Civil Procedure (FRCP) would require that those seeking discovery pay for its costs, moving federal civil litigation away from the current “American rule” that requires all parties to bear their own litigation expenses, including the costs of responding to discovery requests. Supporters of “requester pays” argue that discovery requests can be so broad and costs can be so high that they become a disincentive to defend. Opponents claim that the amendment would make legal proceedings even more expensive for individual litigants, who would be unable to pay for the discovery necessary to make a case against larger and more powerful defendants. Here to discuss this idea are Alex Dahl of Brownstein Hyatt Farber Schreck LLP and Professor Benjamin Spencer of UVA School of Law.


  • Alexander R. Dahl, Shareholder, Brownstein Hyatt Farber Schreck
  • Prof. A. Benjamin Spencer, Earle K. Shawe Professor of Law, University of Virginia School of Law

Who is Winning The Intimidation Game? - Podcast

Free Speech & Election Law Practice Group Podcast
Kimberley A. Strassel August 18, 2016

Everyone is interested in free, fair and open elections. For decades, the country has debated the proper balance between First Amendment speech rights and campaign finance and disclosure laws. In a new book, The Intimidation Game, Kimberley Strassel seeks to show, through first-hand accounts, how this tension can and has been used against free speech and free association, chilling or even silencing political opposition.


  • Kimberley A. Strassel, Wall Street Journal Editorial Board Member, Author of The Intimidation Game

Church Playgrounds & Blaine Amendments - Podcast

Religious Liberties Practice Group Podcast
Thomas C. Berg, Christopher C. Lund, Martin S. Lederman August 17, 2016

The Supreme Court has agreed to hear Trinity Lutheran Church of Columbia, Inc. v. Pauley. The case focuses on religious liberties and the Establishment Clause, and whether the First Amendment allows states to disfavor religious institutions. The Missouri Constitution has a clause against the use of public funds for religious entities, reading “that no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion…” In this case, The Department of Natural Resources turned down a request by a church-run preschool for a grant for new rubber ground in their playground. Does the exclusion of churches from an otherwise neutral and secular aid program violate the constitution? Our experts join us today to discuss the upcoming case and to give some background on the relevant precedent in this area of law.


  • Prof. Thomas C. Berg, James L. Oberstar Professor of Law and Public Policy, University of Saint Thomas School of Law
  • Prof. Martin S. Lederman, Associate Professor of Law, Georgetown University Law Center
  • Prof. Christopher C. Lund, Associate Professor of Law, Wayne State University