ABA Journal Podcasts - Legal Talk Network

Should we expect new regulations on data privacy and consumer protection?

It’s a well-worn saying that the law always lags behind technology. It makes sense. We all remember the old song about how a bill becomes a law and how long the whole process can take. By the time you get to the verse about a president signing something into law, technology has either evolved into something even more cutting edge or become obsolete—replaced by a newer, shinier toy.

Former Watergate prosecutor and friends reflect on life in 'Legal Briefs'

For some people, retirement is an opportunity to kick back and finally relax. But for Roger M. Witten, it was a chance to finally tackle that book he'd been thinking about writing. With a little help from longtime friends and colleagues, Legal Briefs: The Ups and Downs of Life in the Law was born. Witten's aim was to reach a general audience and given them an idea about what a life in the law could look like outside the most well-known bounds of a criminal justice, Law & Order career. The result is a series of short, digestible anecdotes from 20 attorneys, talking about memorable cases, clients and conundrums they had. A reader could flip to any chapter in Legal Briefs and spend an enjoyable 5-10 minutes getting a snapshot from a contributor's career. Witten himself shares how he became an assistant special prosecutor for the Watergate Special Prosecution Force in the 1970s. In this episode of the Modern Law Library, he tells host Lee Rawles about defending a wise guy client code-named Ted, who nicknamed Witten "Witless" and threw a party with a banner reading "Ted - 1, FBI - 0" when they reached a successful plea agreement. Many of the contributors to the book of essays were involved in government litigation and complex corporate matters. Witten himself was one of the foremost litigators handling Foreign Corrupt Practices Act cases, and before his retirement was a senior litigation partner in WilmerHale's New York office. In this episode he also shares his perspective as a former Watergate prosecutor on current events within the federal government since the Trump Administration began, and recounts his experience with the late Sen. John McCain while defending campaign finance reforms.

What's the forecast for generative AI in 2025?

If last year was when generative artificial intelligence went mainstream, could this year be the one when it gets even bigger? Will we see more people, law firms, companies and government agencies adopt, use or integrate it into their day-to-day activities? Will we see more rules and regulations from states or the federal government regarding its use? What about law schools and generative AI? Will we see more start to teach it? And will lawyers finally learn more about what to do, or not to do, when it comes to using it?

When should life sentences be overturned? Judge shares how he decides

A federal judge’s new book is giving readers a rare inside glimpse at how a judge determines which prisoners deserve to have their sentences overturned. In his memoir, Disrobed: An Inside Look at the Life and Work of a Federal Trial Judge, Judge Frederic Block introduced readers to his colorful life and career. In Crimes and Punishments: Entering the Mind of a Sentencing Judge, he explained the rationale judges use when deciding sentences, and the human toll it can take. And now, in A Second Chance: A Federal Judge Decides Who Deserves It, he’s shining a light on how judges consider resentencing and compassionate release. Without the passage of a key federal law in 2018, A Second Chance would not have been written. A bipartisan piece of legislation signed by President Donald Trump and supported by the ABA, the First Step Act was one of the biggest criminal justice reforms in the past decade. Among its sentencing reforms, it allows federal judges to reconsider sentences given out during tough-on-crime crackdowns, and for prisoners to petition for compassionate release. Block, who is a senior judge on the U.S. District Court for the Eastern District of New York, soon found himself asked to reconsider sentences under the First Step Act. In the book, he outlines the crimes and rehabilitations (or lack thereof) of six federal prisoners. From a former police officer who assaulted an innocent Haitian immigrant to a trio of mobsters, Block selected an array that represents the types of cases he’s being asked to consider. Later in the book, he reveals the fate of each—whether life sentences were overturned or unrepentant prisoners were returned to their cells. In this episode of the Modern Law Library, Block tells ABA Journal’s Lee Rawles how his own views on sentencing have changed since he ascended to the bench in the 1990s. In a case that made the news after A Second Chance went to press, Block overturned a sentence he gave out 27 years ago, during his second year on the bench. Block had imposed a quintuple life sentence on Walter Johnson after the man was convicted of robbery, cocaine possession and witness tampering. At 61, Johnson has now been released from prison, and Block discusses that decision in the episode. Block sees a moral imperative for all strata of the justice system to work together to address mass incarceration. In addition to calling on judges to be open-minded when considering resentencing offenders, he encourages criminal defense attorneys to go through their lists of former clients to see whether any would be eligible for relief under the First Step Act. Most importantly, Block is calling upon citizens to lobby for sentencing reforms like the First Step Act on the state level, since the legislation only applies to federal prisoners. He points out that only about 200,000 of the approximately 2 million incarcerated Americans are federal prisoners; the vast majority are overseen by state courts. Block also discusses the public response to President Joe Biden’s recent clemency decisions, and how collateral consequences have influenced his initial sentencing decisions.

Our favorite pop culture picks in 2024

It's the time of year when The Modern Law Library likes to look back on the media that we've enjoyed: our annual pop culture picks episode. This year, host Lee Rawles is joined by the ABA Journal reporters Danielle Braff and Anna Stolley Persky, and Victor Li, an assistant managing editor and host of the Legal Rebels Podcast. Naturally, their favorite books are discussed. But they also have movies, TV shows, podcasts and even Broadway musicals to recommend. From presidential histories to wicked witches, listeners will find ways to occupy the holiday season and the new year.