Free speech has long been a constitutional cornerstone in the United States—but in recent years, calls for censorship have surged. Whether in response to hate speech, misinformation, or online harm, efforts to restrict expression are on the rise. In this provocative conversation, former ACLU president and NYU Law Professor Nadine Strossen mounts a powerful defense of the First Amendment. Drawing from her latest book, War on Words: 10 Arguments Against Free Speech—And Why They Fail, Strossen explores the legal doctrines that protect speech, explains why censorship often backfires, and warns of the dangers in allowing government or platforms to decide which ideas are acceptable. A must-listen for anyone concerned about the future of civil liberties.How to Earn CLE CreditListen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate.At the time of publication, this podcast is approved for 1.5 hours of General MCLE credit in Illinois. Check your jurisdiction for reciprocal credit. MCLE certificates are issued only to TalksOnLaw “Premium” or “Podcast” members. Visit www.talksonlaw.com (http://www.talksonlaw.com/) to learn more.

When a string of 2025 executive orders barred select law firms from federal buildings, revoked security clearances, and threatened to cancel their clients’ government contracts, Big Law took notice. Yale Law professor John Morley—author of Why Law Firms Collapse—joins Talks On Law host Joel Cohen to explain:* how the orders leverage client pressure to destabilize even thriving partnerships;* the “bank-run” dynamic of partner exits and collapsing profits-per-partner;* bankruptcy claw-back rules and unfinished-business liability that haunt partners who stay;* ethics constraints under Model Rules 5.4 and 5.6 that limit outside capital, speed lawyer mobility, and allow for this unique risk;* why transactional giants settled while litigation shops fought—and the reputational trade-offs for both.How to Earn CLE CreditListen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate.This podcast is approved for 1.25 hours of MCLE credit in Legal Ethics. Check your jurisdiction for reciprocal credit. MCLE available to TalksOnLaw “Premium” or “Podcast” members. Visit www.talksonlaw.com (http://www.talksonlaw.com/) to learn more.)

Growing evidence links heavy social‑media use to rising anxiety, bullying, and sextortion among kids, and state lawmakers are racing to respond. In this interview, Harvard Law School’s Leah Plunkett—reporter for the Uniform Law Commission’s child‑influencer act—and University of Virginia family‑law scholar Naomi Cahn examine how new statutes seek to verify age, require parental consent, and redesign feeds to curb addictive features.Plunkett and Cahn compare Florida’s and Utah’s sweeping under‑14 account bans with New York’s pending “SAFE for Kids Act,” explore design mandates such as late‑night notification curfews, and explain why long‑standing COPPA rules leave teens largely unprotected. They unpack First Amendment and privacy challenges already moving through the courts, highlight emerging “digital Coogan” laws that safeguard child‑creator earnings, and note international moves—from Australia’s proposed under‑16 ban to the U.K.’s Age‑Appropriate Design Code.(Credits: General 1.5 hrs | MCLE available to TalksOnLaw “Premium” or “Podcast” members. Visit www.talksonlaw.com (http://www.talksonlaw.com/) to learn more.)

Digital platforms now enable the near-instantaneous distribution of information, including misinformation and disinformation, to vast audiences. Disinformation refers to false or manipulated information deliberately created to deceive, whereas misinformation is inaccurate or misleading information that is sometimes shared without harmful intent. Professor Barbara McQuade—a former U.S. attorney and current professor of National Security Law at the University of Michigan Law School—explores these challenges and the legal weapons to combat them, noting that disinformation currently poses one of the biggest threats to national security.(Credits: General 1hr | MCLE available to TalksOnLaw “Premium” or “Podcast” members. Visit www.talksonlaw.com to learn more.)

As artificial intelligence systems become increasingly expensive and resource dependant to develop, a question arises: Are we witnessing the emergence of AI as a natural monopoly? In this conversation, Berkeley Law Professor Tejas Narechania explores how the market forces driving AI consolidation create both efficiency and significant legal risks.Professor Narechania explains the structural conditions under which a natural monopoly can form—where the high costs of developing foundational AI models and the competitive advantages of massive datasets create significant barriers to entry. He discusses how antitrust principles, network effects, and accountability risks must be considered when regulating AI market power.Throughout the discussion, Professor Narechania draws on historical parallels in telecommunications law and explores potential legal tools, including interoperability requirements, national security concerns, and public infrastructure models to improve outcomes without stifling innovation.(Credits: General 1hr | MCLE available to TalksOnLaw “Premium” or “Podcast” members. Visit www.talksonlaw.com to learn more.)

The legal profession faces alarmingly high rates of substance abuse and mental health challenges. In this conversation, Brian Cuban, attorney, author, and addiction recovery advocate, explores the systemic and cultural factors contributing to addiction among lawyers and provides actionable strategies for prevention and recovery.Cuban shares his deeply personal journey of battling addiction and rebuilding his life, offering valuable insights into how stigma, stress, and the “work hard, play hard” culture exacerbate the problem. He discusses the role of Lawyers’ Assistance Programs (LAPs), the importance of creating supportive environments within law firms, and the ethical obligations attorneys must navigate when facing addiction.Throughout the discussion, Cuban examines the legal structures that protect confidentiality and promote recovery, as well as innovative approaches to fostering well-being in the profession and provides tools to help lawyers recognize, address, and prevent substance abuse while maintaining competence and ethical integrity.(Credits: 1.5hrs – Mental Health & Substance Abuse | MCLE available to TalksOnLaw “Premium” or “Podcast” members. Visit www.talksonlaw.com to learn more.)

AI is changing how lawyers do their work and raising questions about how lawyers can harness artificial intelligence consistent with their professional responsibilities. Georgetown Law Professor Tanina Rostain answers questions about the transformative impact of AI on the legal profession and how the rules of professional conduct apply to the new ways that attorneys use AI to conduct research, draft documents, and interact with clients. (Credits: Professional Responsibility 1.0 | MCLE available to TalksOnLaw "Premium" or "Podcast" members. Visit www.talksonlaw.com to learn more.)

The sale and production of lab-grown meat have been criminalized in Florida and Alabama, with other states considering similar legislation. Food law expert Professor Michael Roberts from UCLA Law School explains what the new laws do as well as how they fit into the federal regulatory framework and the historical context of food law and politics in the United States.(Credits: General 1.0 | MCLE available to TalksOnLaw "Premium" or "Podcast" members. Visit www.talksonlaw.com to learn more.)

Prosecutors have full discretion as to both which charges to bring as well as to whether or not to bring charges at all. The power of prosecutors extends far beyond the courtroom, shaping the trajectory of countless lives through their decisions. Legal experts Bruce Green and Rebecca Roiphe delve into this immense authority in an insightful interview, exploring the nuances of prosecutorial discretion and its profound impact on the justice system. Their discussion sheds light on the ethical and constitutional standards that guide prosecutorial conduct, emphasizing the balance between power and responsibility.(Credits: Professional Responsibility 1.0 | MCLE available to TalksOnLaw "Premium" or "Podcast" members. Visit www.talksonlaw.com to learn more.)

The law of self-defense permits the use of deadly force under a strict set of conditions: the threat must be both imminent and unlawful, and the response, both necessary and proportionate. But what of the murkier scenarios where multiple parties, ensnared in the throes of perceived danger, believe themselves justified in their fears? Consider the tragic case of George Zimmerman and Trayvon Martin—where does the law stand when fear is misplaced, and how swiftly can one lawfully escalate to lethal force? Professor Kimberly Ferzan of the University of Pennsylvania School of Law navigates these shadowy waters and others offering her insights into the delicate balance between legal theory and the stark realities of personal safety.(Credits: General 1.0 | MCLE available to TalksOnLaw "Premium" or "Podcast" members. Visit www.talksonlaw.com to learn more.)

In the realm of maritime law, ships possess a unique legal characteristic: their total liability in the event of an accident is generally limited to the value of the ship post-incident. This principle, which can seem as impenetrable as the sea itself, is navigated by Professor Martin Davies, a renowned expert in maritime law. Davies explains the legal history and justification, real world tragedies and the impact of this limitation, and the cases and opinions that have shaped the law. (Credits: General 0.5 | MCLE available to TalksOnLaw "Premium" or "Podcast" members. Visit www.talksonlaw.com to learn more.)

Forensic science, when applied rigorously, has the power to catch and convict criminals, but when mishandled, can lead to tragic miscarriages of justice. In this eye-opening interview with Prof. Brandon Garrett (Duke Law School) and Dr. Peter Stout (Houston Forensic Science Center), explore high-profile exoneration cases like those of Josiah Sutton and George Rodriguez and the systemic issues plaguing crime labs across the country.  

The legal profession is known for its high-stakes, high-stress lifestyle. The dangers of stress to mind and body are similarly well known. However, as one endocrinologist famously put it, “It is not stress that kills us, it is our reaction to it.” In a time of heightened stress, we explore one potentially powerful strategy that lawyers can use to more effectively combat stress and improve their professionalism–mindfulness. As attorney and mindfulness teacher Jon Krop explains, mindfulness is the practice of being present in the moment and a practical tool to help better manage stress. Krop describes some of the unique characteristics of the legal profession that may make lawyers more prone to stress and makes the case for incorporating mindfulness and meditation to improve job performance and the health of the profession overall. This interview explores both the scientific underpinnings and benefits of mindfulness and concrete tips to incorporate mindfulness into a busy lawyer’s daily life.(Credits: 1 mental health/substance abuse PR MCLE)

In the volatile conflict between Israel and Gaza, the line between legitimate military action and war crimes is often blurred. Professor Michael Newton, an expert in the laws of war, begins with a brief history of war crimes and how these international laws were codified. He then turns to the violence in Gaza and Israel, using real life examples from bombings to kidnapping to better understand what differentiates a legitimate act of war from a war crime.(Credits: 1.25 General MCLE)

When you die without a will, the default rules of inheritance law kick in, allocating assets based on established formulas and hierarchies. In this conversation, Prof. John Morley (Yale Law School) explains basic inheritance law and delves into the default rules that come into play when a person dies without a will (“intestate”) and how these rules both vary significantly from state to state and are often at odds with common expectations when it comes to an individual’s legacy. Through his recent survey, Prof. Morley has uncovered differences in inheritance expectations across various demographic groups. For instance, women are notably less likely than men to intentionally leave money to their spouses. Additionally, the conversation explores discrepancies by race and sexual orientation as well as some notable surprises pertaining to less traditional family structures.Prof. Morley's insights not only underscore the importance of having a will that accurately reflects one's wishes but also suggest that intestacy laws across the nation may be out of step with modern expectations and in need of revision. (0.75hr MCLE Credit)

Students for Fair Admissions v. Harvard College signals a radical shift in how the Supreme Court views favoring racial diversity and affirmative action in higher education. Chief Justice John Roberts, writing the majority opinion in SFFA v. Harvard, rejects the use of race as a factor in college admissions, asserting that this practice, previously accepted under prior cases such as Bakke and Fisher (see additional resources), is no longer permissible. Professor Theodore Shaw of UNC Law School explains the evolution of affirmative action and racial diversity programs and the impact of this decision on our understanding of Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment.

Law firm failures do not merely fall off into bankruptcy - they are spectacles of grand implosions. American law firms suffer from unique structural risks that can drive these formidable institutions to not just falter, but to rapidly collapse even when their balance sheets and profitability would suggest more durability in another industry. This phenomenon, far from random, stems from the fragile ownership structure unique to the legal industry. In an interview with Yale Law Professor John Morley (https://www.talksonlaw.com/speakers/john-morley), we take a deep dive into the inherent risks and dramatic consequences of law firm failures, and why this topic should command our attention. 

Police commands are the cornerstone of law enforcement, at once projecting the authority of the state and instantly creating legal obligations for which the failure to comply can result in arrest, detention, or even the use of deadly force. But what are the limits of police commands? When are they lawful and what rights do we have to disobey them when they are unlawful? Professor Rachel Harmon (https://www.talksonlaw.com/speakers/rachel-harmon), a leading scholar on police law explains how police commands are the building blocks of police authority and can serve as the foundation upon which a peaceful resolution to a crisis is built. On the other hand, bad commands can create confusion, escalate tensions, and result in unnecessary use of force. Prof Harmon explains the legal limits of police commands and how regulating them can play a critical role in reducing police abuse and unnecessary force.

Diversity and inclusion are laudable goals, but how can change be created in an industry driven by tradition and financial return? This interview explores the concept of using economic incentives and data to encourage diversity within the legal profession. The conversation also explores controversial topics such as diversity spin, partner compensation, and the impact on the legal profession of changes to affirmative action law currently being considered at the Supreme Court.  Aviva Will is the Co-Chief Operating Officer at Burford Capital and one of the architects behind Burford’s Equity Project (a $150,000,000 fund allocated exclusively for women and minority litigators). Keith Harrison is a partner and co-chair of Crowell & Moring’s Litigation Group and a member of the firm's Diversity Council. Aviva and Keith sit down with Joel to discuss putting money on the line to overcome inherent biases and structural disadvantages and to encourage, maintain, and grow diversity in the profession of law. (Diversity and Inclusion / Implicit Bias & Bias Reducing Strategies MCLE)

The role of women in the legal profession is more bigger than a statistic, or headcount. Journalist Dahlia Lithwick shares insights from her beat (American courts and the law) about the insurgent role women are on the cutting edge of developing law. In an interview that reflects upon her recent book, Lady Justice (Penguin Press, 2022), Dahlia explains how gender diversity is also about women sharing the stage at the very highest levels of the profession.The interview explores the role of women in the most high-pressure and high-profile positions in the legal world – from Supreme Court justices to Supreme Court advocates, to the fight against white nationalism, to the battle to reform gerrymandering. Finally, Dahlia speaks to host Joel Cohen about the treatment of women in federal clerkships. She shares observations, instances of abuse, and explains how the hierarchical nature of clerkships can permit bullying, harassment, and sexually improper conduct to go unchecked.  Finally, Dahlia leaves listeners with an encouraging message that while injustice and disparity persist, prominent women are driving change on many of the most important issues of our time, inspiring the next generation of women attorneys. 1.5 Hrs (Elimination of Bias in the Legal Profession)