Legal Judg(e)ments Bernkopf

In the famous American comic strip, The Wizard of Id, the Golden Rule means “Whoever has the gold makes the rules!” And so it’s been in the construction industry time immemorial. In this episode, Bob and Brad Croft discuss Tocci Building Corp. v. IRIV Partners and how the Golden Rule shaped recent statutory enactments in the construction industry and judicial interpretations of them.

Guest Paul Edelstein joins Bob Stetson to explore the critical issue of self-help evictions and the fight for housing justice. This episode centers on the Solis family from Brooklyn, New York, who faced a harrowing eviction attempt by their landlord, employing tactics like utility shutoffs, demolition work, and false legal notices. Their subsequent ten-year legal journey highlights the stark realities of informal evictions and their impact on society's most vulnerable. Through the case of Solis vs. Aguilar, Bob and Paul examine the balance between tenants' rights and landlords' actions, emphasizing the importance of due process as a cornerstone of liberty and dignity.

Listen to Bob Stetson and returning guest Ben Robbins from the New England Legal Foundation explore the separation of powers in the context of federal administrative agencies, the historical expansion of the administrative state, the Supreme Court's 1984 Chevron decision, and its implications for the separation of powers through the lens of a new rule by the National Marine Fisheries Council.

In this episode of Legal Judg(e)ments, Bob Stetson and his guest, John Elwood, discuss Counterman vs. Colorado, the Supreme Court’s recent decision balancing free speech rights against protection from abuse.
Listen as they explore the dynamics of the First Amendment in the age of social media, examining whether online comments can constitute an actual threat or fall under constitutionally protected speech.

In this episode of Legal Judg(e)ments, Bob Stetson and his guest, Richard Gottlieb, dissect Coughlin v. Lac Du Flambeau Band of Lake Superior Chippewa Indians, a significant legal battle at the intersection of tribal sovereign immunity and bankruptcy law. They explore the historical concept of sovereign immunity and its application to Native American tribes, focusing on the Clear Statement Rule for waiving sovereign immunity. This episode offers an insightful look into a case that challenges the limits of tribal immunity and the protections provided by bankruptcy law.

In this thought-provoking episode, Bob Stetson and Joshua
Thompson, Director of Equality and Opportunity Litigation at the Pacific Legal
Foundation, discuss the landmark case of Cedar Point Nursery vs. Hassid and
explore the intricate balance between private property rights and public
interests. What constitutes a 'taking' and how far government regulations can
go in the name of the public good?