A Hard Look

Finley “No-Merit” Letters: An Ethical Lawyering Dilemma

On this episode, we take a profoundly hard look at the ethical landscape of criminal defense lawyering through the lens of a Pennsylvania-specific criminal post-conviction procedure called the Finley “No-Merit” letter. With us for this discussion is an esteemed group of individuals from Phillips Black, a nonprofit public interest law practice dedicated to providing the highest quality of legal representation to incarcerated individuals in the United States sentenced to the severest penalties under law. Joining us are two Phillips Black staff attorneys, Thomas Roberts and Elie Kirshner, both HarvardLaw graduates, as well as their colleagues, Yahya Moore and Stephen Lazar, both of whom were wrongfully convicted of second-degree murder, which, in Pennsylvania, meant that they were automatically sentenced to life without parole. Yahya was incarcerated for 27 years, and Stephen for 16, before both of their convictions and sentences were later vacated. Yahya and Stephen both now work as paralegals helping petitioners navigate post-conviction. If you want to learn more about Finley letters after listening, you can check out Phillips Black’s comprehensive Finley Report at phillipsblack.org/finleyreport, or you can read Yahya and Thomas’s co-authored article about Finley letters published by the Harvard Law Review.

Is Social Media Safe for Our Kids?

Today, we are excited to feature another current law student on the Podcast. Joining us is second year law student, Nicole Paredes-Cisneros. Nicole is a junior staffer on the Administrative Law Review at American University Washington College of Law, and as part of her graduation requirements, has written an incredible paper discussing the regulatory landscape surrounding social media design, with a particular focus on “dark patterns.” As many of the social media giants face landmark trials on child safety, Nicole’s Comment is more relevant than ever.

The State of Environmental Law

On this episode, we are so grateful to be joined by Matt Pawa to discuss the intersection of Environmental and Administrative Law. There may be no better person in the field to have as our guest today: Matt is a pioneer of environmental litigation, having been involved in many of the nation’s most important environmental cases for over 25years. Matt’s 13-year lawsuit against more than a dozen oil companies for polluting New Hampshire groundwater resulted in over $100 million in pre-trial settlements and a $236 million verdict against Exxon Mobil Corp., the largest verdict in state history. He also launched the first ever climate change tort case in the U.S. back in 2004, bringing an action against many of the largest coal burning power plants, allof which has contributed to Matt being widely recognized as the nation’s foremost expert on climate litigation against fossil fuel companies ever since.Matt is also no stranger to rolling up his sleeves and keeping the Monkey Wrench spirit of the late, great Ed Abbey alive, noted by the dismissal of all criminal charges he obtained for climate protesters Ken Ward and Jay O’Hara in the Lobster Boat Blockade back in 2014—the case ended so emphatically that the district attorney issued a dramatic statement on the courthouse steps announcing he was dropping the charges and would join an upcoming climate march (pretty impressive stuff to say the least).We also want to highlight two other great resources mentioned in this episode: First, go check out Matt’s own podcast, “Mother Earth,” – he is taking a break from it currently, but may return to it at any moment. and Second, we would like to highlight Hazel Rosenblum Sellers recent piece published in the Michigan Law Review entitled: “Good Cause for Goodness' Sake: A New Approach to Notice-and-Comment Rulemaking.”

FAR Out – More Than You May Have Bargained For

On this episode we speak with Nancy Lewis about the wide world of Government Contracts. While on its face, government contracts may not sound like the most glamorous field of law,beneath the surface there is a complex, dynamic, and endlessly challenging landscape. These behind the scenes, unsung heroes, help negotiate and execute everything from major federal IT overhauls to defense contracts that impact national security. Nancy serves as the Assistant Solicitor and Branch Chief for Acquisitions and Intellectual Property at the U.S. Department of theInterior. A combat veteran and former Army JAG officer, she brings deep expertise from both military and civilian federal procurement. This episodewill explore bid protests, the Federal Acquisition Regulation (known as the FAR), and the evolving challenges agencies and contractors face in today's procurement environment.

California's High Speed Rail Project

Today, for the first time ever, we are excited to feature a current law student on the Podcast. Joining us is second-year law student, Jared Zwettler. Jared is a junior staffer on the Administrative Law Review at American University Washington College of Law, and as part of his graduation requirements, has written an incredible paperdiscussing the Federal Railroad Administration, otherwise referred to as the “FRA.”Specifically, Jared analyzed the FRAs recent action surrounding high speed rail in the U.S., with a particular focus on the California High Speed Rail Project.  This is a brief conversation with Jared about his paper, but if you are desiring more, please find a link to Jared’s Comment in the show notes. My name is Elliott Hiller, and along with Cyrus Crevits, we are your hosts for this 7th season of A Hard Look.