PODCAST · society
UnCommon Law
by Bloomberg Industry Group
On UnCommon Law, legal issues, public policy, and storytelling collide. We'll explore the most important legal stories of the day: Will lawmakers be able to rein in artificial intelligence before it's too late? Can the government ever consider race in college admissions? How much power do federal agencies have to make the rules that shape our lives? Can you sue a haunted house for being too scary? Produced and hosted by Matthew S. Schwartz. Winner of the American Bar Association's Silver Gavel Award for Media and the Arts
Episodes
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Fear Inside Trump’s DOJ: How One Lawyer Reached Her Breaking Point
What happens when a government lawyer stands before a judge without the answers she needs and fears her own credibility is slipping away? Former Justice Department lawyer Sarah Wilson goes on the record about working inside President Donald Trump's DOJ and the changes that brought her to a…
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When Judges Stop Believing the Government
Federal courts run on a quiet assumption: when the government speaks, it's telling the truth. Over the past two episodes of UnCommon Law, we've watched longstanding norms between the White House and the Justice Department erode. Now we turn to the judges. Over the next two episodes, we'll look at...
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SPECIAL: Justice Stephen Breyer on Trump, the Rule of Law, and Whether the Supreme Court is Political
In this special episode of UnCommon Law, former Supreme Court Justice Stephen Breyer sits down with Bloomberg Law's Matthew S. Schwartz to discuss the Court, executive power, Dobbs, judicial independence, and the rule of law. Reflecting on nearly three decades on the bench — and the perennial...
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How the DOJ Decides Who Gets Charged and Who Doesn't in America
How does the Justice Department decide who gets charged with a crime and who doesn't? In the post-Watergate era, the Justice Department developed policies and institutional safeguards intended to separate political considerations from prosecutorial decisions: typically career attorneys delve into...
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Justice Transformed: When DOJ Norms Disappear
When Robert Jackson stood in the Great Hall of the Justice Department in 1940 and told the country's federal prosecutors that they held more power over life, liberty, and reputation than any other person in America, he was not describing a rule written into law. He was describing a creed. For the...
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Justice Transformed: Trailer
For decades, the Justice Department has operated with a widely shared understanding: that prosecutors should follow the evidence, not the president. That understanding was never written into law; it was shaped by norms. And now those norms are being tested. This season on UnCommon Law, we hear…
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5. Did Schoolhouse Rock Lie to Us?
A generation of schoolchildren learned from Schoolhouse Rock that bills become laws through careful committee work, open debate, and thoughtful compromise. But as this episode of UnCommon Law makes clear, that tidy version of lawmaking no longer reflects reality. Instead, leaders often craft...
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4. Chevron is Dead. Is the Administrative State Still Alive?
In this episode, we explore the aftermath of the Supreme Court’s decision to overturn the Chevron doctrine through the Loper Bright case, examining its impact on the regulatory landscape in America. In just the first six months after Loper Bright was decided, courts cited the case more than 400...
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3. Loper Bright: How a Little Boat Made Big Waves
Federal agencies expanding their power beyond congressional intent? Unelected bureaucrats making policy decisions? Regulatory whiplash?! According to the litigants urging the Supreme Court to strike down the Chevron doctrine in the Loper Bright case, those were the harms Americans would continue…
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2. The Fishermen Who Took Down a Giant
Wayne Reichle – who’s been in the fishing business his whole life – had never heard of the Chevron doctrine. That's the two-step legal test that courts used for the past 40 years to decide whether a federal agency had the authority to make a regulation. "No idea," said Reichle, president of New...
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1. Deadly Haze: How an Invisible Bubble of Pollution Changed the Way Government Regulates Everything
Congress often passes major legislation setting out broad principles, and then lets the federal agencies sort out the details. But what should an agency do if Congress’s instructions are ambiguous or silent? That was the question facing the Supreme Court 40 years ago, when the Reagan...
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NEW SERIES TRAILER: The Rise and Fall of Agency Power
This season on UnCommon Law, join us as we explore the rise and fall of agency power, and what that could mean for the future of regulation in America.
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BONUS: How Quinn Emanuel Lawyers Save 50 Billable Hours With One Click
Generative AI has promised to reshape the practice of law ever since ChatGPT emerged. However, it's been unclear just how large law firms are using AI. Has it changed how practitioners do their jobs on a daily basis? Are we witnessing the emergence of a revolution in how lawyers do their work?...
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6. From Errors to Efficiency: Can AI Transform the Practice of Law?
In the season finale of UnCommon Law, we explore the power of AI to transform legal practice. Featuring insights from top law professors, a federal judge, and industry leaders like John Quinn, founder of Quinn Emanuel, we ask: Can AI’s promise of efficiency overcome its risks—and redefine the...
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5. AI Dilemma: Can US Legislators Take Action Before It's Too Late?
Deepfakes. Disinformation. Algorithmic bias. Job displacement. These are just some of the harms legislators and regulators worry about when they think about how to tackle the risks posed by artificial intelligence. The first episodes of this season of UnCommon Law deal with generative AI in the...
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4. Artists Argue AI Art Illegally Steals Work and Threatens Careers
The US copyright system encourages human creativity. So does it make sense to grant a copyright to work created by AI with the click of a button? And, if AI generated artwork is given copyright protection, how would that impact the livelihoods of creative professionals? In our last episode, we...
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3. You Can Create Award-Winning Art With AI. But Can You Copyright It?
The art world was rattled when Jason M. Allen won first place in the Colorado State Fair for "Théatre D’opéra Spatial" — digital artwork created with artificial intelligence. Allen had revised his text prompts hundreds of times before landing on the final work; Allen considers Space Opera Theater...
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2. AI Trained on Famous Authors’ Copyrighted Work. They Want Revenge – Part 2
Generative AI tools are already promising to change the world. Systems like OpenAI's ChatGPT can answer complex questions, write poems and code, and even mimic famous authors with uncanny accuracy. But in using copyrighted materials to train these powerful AI products, are AI companies infringing...
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1. AI Trained on Famous Authors’ Copyrighted Work. They Want Revenge – Part 1
Generative AI tools are already promising to change the world. Systems like OpenAI's ChatGPT can answer complex questions, write poems and code, and even mimic famous authors with uncanny accuracy. But in using copyrighted materials to train these powerful AI products, are AI companies infringing...
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Can a Haunted House Go Too Far? 'Carrie' Scare Leads to Lawsuit
When Scott Griffin visited the Haunted Trail, he expected to be scared. But he did not expect what happened after he thought the scare was over. This special Halloween episode of UnCommon Law tells the true story of a man terrorized by a haunted house attraction. Griffin bought a ticket to a...
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5. If Lina Khan's FTC Bans Noncompete Clauses, What Happens Next?
In the conclusion of UnCommon Law's season-long exploration of noncompete agreements, we look at the Federal Trade Commission's authority to ban the clauses nationwide. We’ve reviewed how the ban would work and explored the policy arguments for and against it. Now we delve into a more fundamental...
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SPECIAL REPORT: The End of Affirmative Action in College Admissions
The Supreme Court has effectively ended the use of race as a factor in college admissions. In a 6-3 ruling, along ideological lines, the divided Supreme Court struck down the admissions programs of Harvard and the University of North Carolina, which both used race as a factor in their admissions...
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4. The Case Against the FTC's Proposed Ban on Noncompetes
In its proposal to ban noncompete agreements nationwide, the Federal Trade Commission has touted the potential benefits to workers and the economy. But how would a ban impact business owners? This week on UnCommon Law, part four of our series on the agency's proposal. Why are so many business...
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3. Did California's Noncompete Ban Fuel Silicon Valley Innovation?
California is one of just three states where noncompete agreements are almost completely banned. California is also the home of Silicon Valley, the global hub of technological innovation. Is that just a coincidence? Or would Silicon Valley be as successful even if noncompete agreements were...
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2. A Hair Stylist and Salon's Legal Battle: A Noncompete Case Study
This week on Uncommon Law: the second episode in our podcast series about the Federal Trade Commission’s proposed nationwide ban on noncompete agreements. We’ll look at one Minnesota hair salon and see how noncompete agreements often play out in the real world. What happens when employees leave…
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1. 'She Can't Own Me': Inside the FTC's Proposed Ban on Noncompetes
This season on UnCommon Law, we’re exploring one of the most expansive Federal Trade Commission proposals of the last half century: a near-total nationwide ban on noncompete clauses. We’ll examine arguments for the ban, and talk to workers who’ve had their livelihoods crushed by oppressive...
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Why Does the FTC Want to Banish Noncompetes? [Trailer]
This season on UnCommon Law, we’re exploring one of the most expansive Federal Trade Commission proposals in modern history: a nationwide ban on noncompete clauses. Coming May 31st.
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4. Affirmative Action's Diversity Dilemma Spells Its Doom
It’s been almost 20 years since Justice Sandra Day O’Connor, intentionally or not, set an affirmative action countdown in motion. On Oct. 31, the Supreme Court heard arguments that Harvard and the University of North Carolina go too far in their use of race in admissions. Will the diversity...
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3. Meet Affirmative Action's Biggest Foe, Edward Blum
For decades, over multiple decisions, the Supreme Court has been clear: The U.S. Constitution allows colleges to take race into account when they craft their incoming classes. And yet race-conscious admissions policies continue to face attacks. Today, on part three of our four-part series on...
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2. Diversity on Trial: Affirmative Action's Michigan Test
In 1978, the Supreme Court allowed colleges to take race into account when crafting their incoming classes. Throughout the '80s and '90s, that’s what many schools did: To get a diverse incoming class, universities used race as one factor among many. But some schools get a lot of applicants — tens...
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1. Affirmative Action Faces Toughest Test in a Generation
For more than 50 years, colleges and universities around the country have taken race into account as they craft their incoming classes. But now a pair of lawsuits could change the face of higher education in this country. It’s the biggest challenge to affirmative action in a generation. And…
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Affirmative Action Is Back at the Supreme Court [Trailer]
A pair of lawsuits has made its way to the Supreme Court — and just who gets into which college could change dramatically. This season on UnCommon Law, we’ll explore the arguments — and the people — driving this latest battle over affirmative action. Does the Fourteenth Amendment’s Equal…
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Big Law Gender Gap: Re-imagining the Legal Workforce [Bonus Episode]
Law firms have a gender equity problem. Data has shown that women struggle to reach the upper levels of the profession, and that those who do had to work harder than their male counterparts. For example, two thirds of female attorneys say they've been perceived as less committed to their careers,...
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Why the Supreme Court's Gun Decision Matters So Much [Bonus Episode]
In a landmark 2nd Amendment decision on Thursday, the Supreme Court struck down New York's gun licensing law. It's a decision that transforms where and when a gun can be carried. And, for the first time, the Court recognized a constitutional right to carry a gun outside of the home, in public. If...
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2. Beyond NIL: Will College Sports Become a Free Market?
The new era of name, image, and likeness in college sports has seen rapid change. For instance, initially athletes were signing deals directly with brands and companies. Now, so-called “NIL collectives” are amassing multi-million-dollar funds to attract star recruits. Critics say these funds are...
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1. The NIL Era: Paying NCAA Athletes Is Changing Sports
College sports is closing out the first year of the name, image and likeness era for athletes. Since July 1 2021, athletes have been free to earn money from marketing deals on their NIL rights, including through endorsements, appearances, modeling, and hosting camps. One UCLA basketball player…
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The End of an Era: Beveridge's Outgoing Chairman Ben Wilson on Leadership, Law and Life [Bonus Episode: Black Lawyers Speak]
On January 1, Ben Wilson will officially conclude his tenure as chairman of Beveridge & Diamond and retire from the firm. As first reported by Bloomberg Law, Wilson, affectionately regarded as the dean of Black partners at major law firms, announced his retirement this fall after 45 years in…
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3. Why Can't We Have One Bar Exam for All Jurisdictions?
Some frustration with the bar exam comes not just because it’s a hard test. Differences in state licensing requirements can mean attorneys may have to take the bar exam multiple times. In the final episode of [Un]Common Law’s three-part look at the bar exam, we ask why can't there be one bar exam...
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2. Could a Law School Diploma Substitute for the Bar Exam?
In the wake of the Covid-19 pandemic, five U.S. jurisdictions opted to suspend their July 2020 bar exams. Instead, these jurisdictions granted licensure to new attorneys through "diploma privilege.” That's the practice of admitting new attorneys to the state bar, and allowing them to practice…
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1. Is It Time to Kill the Bar Exam?
In all U.S. jurisdictions except Wisconsin, passing a bar exam is a requirement to obtain a license to practice law. However, the Covid-19 pandemic forced some state authorities to adopt alternative paths to licensure for recent law school graduates. In the wake of those changes, criticism of the...
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5. Whistleblower Says Facebook Knowingly Profits From Hate Speech [UnChecked: Bonus Episode]
Frances Haugen, the whistleblower whose revelations have prompted a congressional investigation into Facebook revealed herself publicly in an interview that aired on CBS on Sunday night. Haugen is the source of thousands of internal company documents that were leaked to U.S. lawmakers and the…
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4. Regulating Social Media as a Threat to Humanity
Concerns over the harmful impact of social media are rising to a fever pitch. In the past decade, everyone from conspiracy theorists to foreign governments have used social media to spread election disinformation, sow discord, and peddle viral conspiracies. This month, the Biden administration…
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3. What Would Breaking Up Big Tech Change?
Cracking down on large tech companies may be one of the few remaining areas of political consensus in Washington D.C. However, many legal experts caution that antitrust cases could take years to complete and the outcomes are far from certain. Still others claim that the recent focus on antitrust…
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2. Social Media Bans Are Not About Free Speech
Permanently revoking users’ access to social media platforms— a practice known as “deplatforming “— isn’t a new concept, but the high-profile ban of President Donald Trump has raised new questions about censorship and free speech in the internet age. For years Twitter famously clung to its…
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1. Would Scrapping Section 230 Break the Internet?
In the months since the January 6 attack on the Capitol, one thing people on both sides of the political aisle seem to agree on, is that social media bears at least some responsibility for spreading the lies that led to the attack. But, is that true? And if it is, even a little bit, what should...
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Introducing: UnChecked
For our next season of [Un]Common Law, we’re wading into the thorny debate over Big Tech and social media. Companies like Facebook, Google, Amazon, Twitter are much bigger than they were 20 years ago, but is this a problem? Is Big Tech impinging on your right to free speech? That depends on who…
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Eric Holder on Diversifying the Judiciary [Bonus Episode: Black Lawyers Speak]
Earlier this year [Un]Common Law published a podcast series looking at the experiences of African American lawyers and judges working in the legal industry—which, to this day, remains one of the least diverse professions in America. Now, more than a year since George Floyd’s murder, and the wave…
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15. If Qualified Immunity Is Bad Policy, Why Can't We Fix It?
In the wake of Derek Chauvin’s conviction in the murder of George Floyd, lawmakers in both parties said they were “cautiously optimistic” that the trial could provide new momentum to overcome the political hurdles that have stymied efforts at policing reform. In a speech before a joint session of...
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14. Derek Chauvin Verdict: Legal Community Reactions
It took the jury less than 11 hours, to pronounce Derek Chauvin guilty on all three counts of murder in the second and third degree, as well as second-degree manslaughter. While there are many shoes yet to drop before this case is finally complete. Including sentencing, and there will surely be…
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13. Closing Arguments in the Derek Chauvin Murder Trial
With closing arguments completed on Monday, April 19, former police officer Derek Chauvin’s fate rests in the hands of a jury of his peers. Chauvin is charged with second-degree murder, third-degree murder and second-degree manslaughter. Joining host Adam Allington to discuss closing arguments in...
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ABOUT THIS SHOW
On UnCommon Law, legal issues, public policy, and storytelling collide. We'll explore the most important legal stories of the day: Will lawmakers be able to rein in artificial intelligence before it's too late? Can the government ever consider race in college admissions? How much power do federal agencies have to make the rules that shape our lives? Can you sue a haunted house for being too scary? Produced and hosted by Matthew S. Schwartz.
Winner of the American Bar Association's Silver Gavel Award for Media and the Arts
HOSTED BY
Bloomberg Industry Group
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Frequently Asked Questions
How many episodes does UnCommon Law have?
UnCommon Law currently has 76 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.
What is UnCommon Law about?
On UnCommon Law, legal issues, public policy, and storytelling collide. We'll explore the most important legal stories of the day: Will lawmakers be able to rein in artificial intelligence before it's too late? Can the government ever consider race in college admissions? How much power do federal...
How often does UnCommon Law release new episodes?
UnCommon Law has 76 episodes. Check the episode list to see recent publication dates and frequency.
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You can listen to UnCommon Law on PodParley by clicking any episode. We provide an embedded audio player for direct listening, and you can also subscribe via your preferred podcast app using the RSS feed.
Who hosts UnCommon Law?
UnCommon Law is created and hosted by Bloomberg Industry Group.
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