49 episodes

On UnCommon Law, legal issues, public policy, and storytelling collide. We'll explore the most important legal stories of the day: Is affirmative action in college admissions constitutional? Should social media face special legal scrutiny? What are law firms doing to fix their lack of diversity? Produced and hosted by Matthew S. Schwartz.

UnCommon Law Bloomberg Industry Group

    • Society & Culture
    • 4.8 • 139 Ratings

On UnCommon Law, legal issues, public policy, and storytelling collide. We'll explore the most important legal stories of the day: Is affirmative action in college admissions constitutional? Should social media face special legal scrutiny? What are law firms doing to fix their lack of diversity? Produced and hosted by Matthew S. Schwartz.

    Diversity on Trial: Affirmative Action's Michigan Test

    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 of thousands of students applying for just a few thousand spots. How do you complete an individualized review of so many people? How do you make sure you consider race consistently across those tens of thousands? Is there a way to streamline the process while still complying with what Justice Lewis F. Powell, Jr. said the Equal Protection Clause requires?
    This is the second episode of UnCommon Law's three-part series about the Supreme Court's biggest affirmative action in education cases. In the first episode we looked at the 1978 case of Allan Bakke, an applicant to medical school who was denied admission. In this episode, we explore the 2003 cases of Gratz v. Bollinger and Grutter v. Bollinger.
    Guests include:

    Diego Bernal — Texas state representative and former president of the Latino Law Students Association at the University of Michigan Law School

    Michelle Adams — Professor at the University of Michigan Law School

    Greg Stohr — Supreme Court reporter for Bloomberg News

    Ted Shaw — Professor at the University of North Carolina, and former president of the NAACP’s Legal Defense Fund

    Terence Pell — President of the Center for Individual Rights

    Marvin Krislov — President of Pace University, and former vice president and general counsel at the University of Michigan

    Lee Bollinger — President of Columbia University, and former president of the University of Michigan

    Agnes Aleobua — Principal of Citizens Academy Glenville in Cleveland, and former student intervenor at the University of Michigan

    Cristina Rodríguez — Professor at Yale Law School and former clerk to Supreme Court Justice Sandra Day O’Connor


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    • 41 min
    Affirmative Action Faces Toughest Test in a Generation

    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, given the makeup of this Supreme Court, it is very likely affirmative action in college admissions could be found unconstitutional.
    Over three episodes, we will explore the legal issues around affirmative action in higher education. Does the equal protection clause of the Fourteenth Amendment prohibit all discrimination based on race? Or is benign discrimination permissible — taking race into account in order to help groups that have been marginalized? Does the constitution leave room to remedy society’s ills?
    In this episode, we explore the 1978 case of Regents of the University of California v. Bakke — the first challenge to affirmative action decided by the Supreme Court. Guests include:

    * Robert “Bo” Links — Attorney for Allan Bakke

    * Michelle Adams — Professor at the University of Michigan Law School

    * Ted Shaw — Professor at the University of North Carolina, and former president of the NAACP’s Legal Defense Fund

    * Garrett Epps — Professor at the University of Oregon School of Law

    * John Jeffries — Former dean of the University of Virginia School of Law


    Produced and hosted by Matthew S. Schwartz. To comment on this episode, tag @BLaw and @SchwartzReports on Twitter!
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    • 37 min
    Affirmative Action Is Back at the Supreme Court

    Affirmative Action Is Back at the Supreme Court

    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 Protection Clause prohibit all discrimination based on race? Can the Constitution be used to remedy society’s ills? Coming October 25th, part one of a three-part series on affirmative action, from Bloomberg Industry Group.

    For more: https://news.bloomberglaw.com/podcasts/uncommon-law
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    • 1 min
    Big Law Gender Gap: Re-imagining the Legal Workforce

    Big Law Gender Gap: Re-imagining the Legal Workforce

    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, compared with just two percent of male attorneys, according to a 2019 ABA survey.
    The reasons why aren't a mystery: the pay gap, the "motherhood penalty," legacy origination, a dearth of male mentors, and sexism, to name a few.
    But what are the solutions? If the ideal, female-friendly law firm could be created from scratch, with an infinite amount of start-up capital, how would it be done? We posed that question to nearly a dozen people in the legal industry, including diversity consultants, law firm partners, ex-partners, associates, and women who were on track to make partner but felt they were forced to leave. In this podcast, they tell us what they'd prioritize and some of the challenges that can't be fixed with money.
    Do you have an idea of how to create a women-friendly law firm? Share your thoughts with us by clicking here.
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    • 30 min
    Why the Supreme Court's Gun Decision Matters So Much [Bonus Episode]

    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 you know this is a big deal, but you're not sure why, or you just want a refresher on how we go here, we've got you covered.
    Today we're releasing an episode of our Cases & Controversies podcast for our [Un]Common Law listeners. This episode was originally released in November, just after oral arguments in the case. Bloomberg Law's Kimberly Robinson and Jordan Rubin explain what it's all about and why it is a "landmark decision."
    And, for the latest on this case and the Supreme Court go to news.bloomberglaw.com.
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    • 22 min
    2. Beyond NIL: Will College Sports Become a Free Market?

    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 being used as back-door recruiting inducements which violate the NCAA’s interim NIL policy.
    Many college coaches and administrators have complained that the interim policy is vague and unenforceable. But that may be just the beginning thanks to several new cases progressing in both federal court and at the National Labor Relations Board. Either could potentially alter the landscape even further—making college sports a completely free market or redefining some college teams as employees of the schools they play for.
    In the final episode of our two-part series on NIL in college sports we speak with:

    Stewart Mandel, editor-in-chief of college football coverage at the Athletic.

    Jeffery Kessler, co-executive chairman at Winston and Strawn, and co-lead counsel for the athletes in NCAA vs. Alston.

    Ekow Yankah, professor of Law at Yeshiva University’s Cardozo School of Law and author of “Is NIL Destroying College Sports.”

    Audrey Anderson, chair of the higher education practice group at Bass Berry & Sims.


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    • 35 min

Customer Reviews

4.8 out of 5
139 Ratings

139 Ratings

Turn 1 into 2✍🏾 ,

Big Law and Gender Gaps!

It’s blatantly retaliatory to name your Firm Gals, Gals LLP. Women having the same interest as Men aka White Male Law Firms. Black/African-Men are the first in line with its comes to diversity equity, and inclusion, please. Only a Women way of thinkings makes it okay for someone to give her a book of Business so she can be great/equal and then flip the strip on all Men aka (White Male Men). Make it, make sense! If Women want their OWN place in this Law Industry, then they must earn their own place. Nothing stop a Women from starting her OWN Law Firm or Investing in Her Own Business so stop leading with victimhood and start showing the work! Women argument is with God and not Man.

beekeeperproffitt ,

Phenomenal

This is the best bee podcast for commercial and migratory beekeepers. Very in depth and detailed. Objective and intellectual I’d give it a 6/5 need more episodes!!!

CAlistener ,

This is very interesting

I don’t work in the legal profession so this has been very interesting to me and I like the range of subjects
It surprises me when the host finishes up the program and reads the credits he always starts with his own name.

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