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Reasonably Speaking
The American Law Institute
44 episodes
2 hours ago
The law affects our lives and our society in many unique and profound ways. Reasonably Speaking, produced by The American Law Institute, features interviews with legal experts on some of the most important legal topics of our time. Each episode takes you through the law in action, beyond courtrooms and casebooks. Whether you are a legal scholar or a concerned citizen, this examination of the relationship between our laws and our society will leave you with a better understanding of how we got here and what we should consider as we forge ahead.
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Education
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All content for Reasonably Speaking is the property of The American Law Institute and is served directly from their servers with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
The law affects our lives and our society in many unique and profound ways. Reasonably Speaking, produced by The American Law Institute, features interviews with legal experts on some of the most important legal topics of our time. Each episode takes you through the law in action, beyond courtrooms and casebooks. Whether you are a legal scholar or a concerned citizen, this examination of the relationship between our laws and our society will leave you with a better understanding of how we got here and what we should consider as we forge ahead.
Show more...
Education
Episodes (20/44)
Reasonably Speaking
The Rise of the Nationwide Injunction and What It Means for the Courts
In this episode of Reasonably Speaking, ALI President David Levi moderates a timely and incisive discussion on nationwide (or universal) injunctions—court orders that extend relief beyond the parties in a case, often halting federal policy nationwide. Featuring legal scholars William Baude and Samuel Bray, along with Judge Robin Rosenberg and former Judge Gregg Costa, the conversation explores the constitutional debates, practical consequences, and political implications of these powerful judicial tools. From forum shopping and the shadow docket to potential reforms like three-judge courts, this panel examines whether the nationwide injunction is a necessary check—or a threat to judicial legitimacy.
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6 months ago
1 hour 16 minutes 49 seconds

Reasonably Speaking
Judges Under Siege: Threats, Disinformation, and the Decline of Public Trust in the Judiciary
This episode addresses the alarming surge of attacks on judges and courts.
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1 year ago
1 hour 35 seconds

Reasonably Speaking
Empowering Everyday Choices: A Conversation on Philip Howard's "Everyday Freedom"
Is America’s governing framework hindering our ability to make simple choices in daily life? In this episode of Reasonably Speaking, ALI President David F. Levi sits down with author and lawyer Philip Howard to discuss his new book, Everyday Freedom: Designing the Framework for a Flourishing Society.
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1 year ago
57 minutes 7 seconds

Reasonably Speaking
Exploring ALI's History and Influence
On the occasion of ALI’s anniversary, we brought together three of our project Reporters to talk about ALI’s history and a few of our most influential projects.
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1 year ago
1 hour 15 minutes

Reasonably Speaking
ALI Oral History Series: Roberta Cooper Ramo and Michael Traynor
As part of ALI’s Oral History Series, in this episode we are joined by two former American Law Institute presidents, Michael Traynor and Roberta Cooper Ramo.
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1 year ago
1 hour 5 minutes 57 seconds

Reasonably Speaking
Free Speech on Campus
On this episode of Reasonably Speaking, ALI President David F. Levi is joined by constitutional law expert Geoffrey R. Stone to discuss speech on campus.
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1 year ago
56 minutes 41 seconds

Reasonably Speaking
McKeown on the Environmental Legacy of William O. Douglas
ALI President David F. Levi sits down with M. Margaret McKeown, senior judge of the U.S. Court of Appeals for the Ninth Circuit, for a discussion on McKeown’s new book, Citizen Justice: The Environmental Legacy of William O. Douglas—Public Advocate and Conservation Champion.
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2 years ago
52 minutes 49 seconds

Reasonably Speaking
The Public's Confidence in the Supreme Court
The Supreme Court of the United States has historically received criticism from all sides of the political spectrum. However, recent Gallop polls suggest a significant loss in confidence by the American people in several institutions of government, including the Court. These ratings were from June 2022 before the last few controversial decisions of the U.S. Supreme Court were entered, including the abortion case Dobbs v. Jackson Women’s Health Organization and the New York gun case New York State Rifle & Pistol Association Inc. v. Bruen. This episode brings together U.S. federal judges in a conversation about judging, and the perception of the U.S. Supreme Court in particular, because of the loss of confidence by the American people in the Court.
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3 years ago
1 hour 36 minutes

Reasonably Speaking
Principles to Guide Electoral Count Act Reform
In April 2022, at the invitation of the leadership of The American Law Institute, a group whose members span a range of legal and political views, came together to consider possible Electoral Count Act (ECA) reforms. Despite holding diverse legal, political, and ideological commitments, the group is united by the belief that Congress should reform the ECA before the 2024 presidential election. The group has agreed on several general principles that should guide ECA reform, as well as specific proposals as to what ECA reform should seek to accomplish.
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3 years ago
48 minutes 54 seconds

Reasonably Speaking
A Conversation with Justice Stephen G. Breyer: The Authority of the Court and the Peril of Politics
U.S. Supreme Court Justice Stephen Breyer spoke about his new book, The Authority of the Court and the Perils of Politics, and his views on judicial decision-making with David F. Levi, director of the Bolch Judicial Institute at Duke Law School and president of The American Law Institute. During the hour-long conversation, Breyer reflects on his 27 years on the Court and discusses the roots of the Court’s authority and its relationship to the political branches of government.
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3 years ago
1 hour 4 minutes 49 seconds

Reasonably Speaking
Completing an ALI Project: Lessons from Reporters
Have you ever wondered what exactly goes into completing an ALI project? There’s nobody better to talk about the ALI process than four veteran Reporters whose projects may be completed at the 2021 Annual Meeting. In this episode of Reasonably Speaking, Reporter on one of our newest projects, Lyrissa Lidsky from Restatement of the Law Third, Torts: Defamation and Privacy will moderate the panel of Matthew L.M. Fletcher (American Indian Law), Geoffrey P. Miller (Compliance and Enforcement for Organizations), Kenneth W. Simons (Intentional Torts), and Christiane C. Wendehorst (Principles for a Data Economy), as they discuss their journey from project conception to ALI member approval and completion. They will discuss how they came to be an ALI Reporter, how they work with project Advisers and ALI members, the draft approval process, surprises they learned along the way, and more.
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4 years ago
44 minutes 21 seconds

Reasonably Speaking
Challenges to the 2020 Election: the Solicitors' Perspective
ALI President David F. Levi is joined by three former Solicitors General, Walter E. Dellinger, Donald B. Verrilli, and Seth P. Waxman, to discuss the topic of election litigation and reflect upon the unconventional challenges faced in the 2020 presidential election.
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4 years ago
1 hour 12 minutes 59 seconds

Reasonably Speaking
The U.S. Presidency: Looking Forward
Join us for this episode of Reasonably Speaking where top scholars in U.S. presidency and political science discuss the the history of the U.S. presidency and its future "post–Trump." ALI President David F. Levi is joined by David M. Kennedy, Terry M. Moe, Jack Landman Goldsmith, and Daphna Renan.
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4 years ago
1 hour 14 minutes 59 seconds

Reasonably Speaking
Children and the Law: Protecting the Vulnerable in a Time of Crisis
The treatment of the children in two distinct areas of the law – child welfare and juvenile justice – is fraught with difficulty even under the best of circumstances. But with the onslaught of the COVID pandemic, the regular challenges and the need to protect children have only been compounded.
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4 years ago
1 hour

Reasonably Speaking
MDLs Go Mainstream: Mass Torts Today
5 years ago
1 hour 20 minutes

Reasonably Speaking
Election 2020: When Are Results Official and What Happens if Results Are Disputed
The 2020 election is seeing unprecedented volatility leading up to November 3. Will this volatility make a difference, helping or hurting the system’s capacity to serve its purpose? This is the first of many questions about the 2020 election that this group of election law experts will tackle.
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5 years ago
55 minutes 1 second

Reasonably Speaking
How Courts Are Addressing Racial Disparities in the Administration of Justice
Since the killings of George Floyd, Breonna Taylor, and Ahmaud Arbery, civil unrest has spread throughout the United States, causing many American citizens to question racial equality in every corner of our society. In this episode we will explore one of those corners, the justice system, to discuss how our courts and judges are addressing the complex topic of racism and racial disparities. The panel also explores racial education programs for federal judges, the disparities in sentencing for Black men in the U.S., and the obligation judges and justices have to provide a justice system that works fairly for all Americans.
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5 years ago
57 minutes 38 seconds

Reasonably Speaking
Disgorgement or Accounting for Profits? An Analysis of Liu v. SEC
This episode will discuss the Supreme Court’s decision in Liu v. SEC, both the Securities Act of 1933 and the Securities Exchange Act of 1934, and whether the Court’s reference to “equitable relief” includes the remedy of “disgorgement.” Douglas Laycock, who filed an amiscus brief in support of neither party, will lead this discussion.
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5 years ago
1 hour 6 minutes 36 seconds

Reasonably Speaking
Faithless Electors: SCOTUS Decisions and Implications for November
On July 6, the Supreme Court of the United States held that states may replace and even punish “faithless electors,” the term used for a member of the U.S. Electoral College who does not vote for the presidential or vice presidential candidate they pledged to support. This episode will consider the implications of the Court’s ruling and reasoning for a broader set of questions on the Electoral College system and what might happen in this year’s election.
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5 years ago
1 hour 2 minutes 26 seconds

Reasonably Speaking
The Plague of Excessive Force - Working Together to Find a Cure
This episode of Coping with COVID shifts attention from one pandemic to another, the plague of excessive force by police officers. This is an old and longstanding problem receiving new attention in the aftermath of the death of George Floyd. Although we have witnessed these atrocities in the past, across the nation, citizens are coming together with a renewed strength to work together to find a solution.
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5 years ago
1 hour 2 minutes

Reasonably Speaking
The law affects our lives and our society in many unique and profound ways. Reasonably Speaking, produced by The American Law Institute, features interviews with legal experts on some of the most important legal topics of our time. Each episode takes you through the law in action, beyond courtrooms and casebooks. Whether you are a legal scholar or a concerned citizen, this examination of the relationship between our laws and our society will leave you with a better understanding of how we got here and what we should consider as we forge ahead.