Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg

Patterson Belknap Webb & Tyler LLP
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Ruth Bader Ginsburg was a major force in American jurisprudence. Her decisions and dissents offer a thoughtful and rigorous legal analysis, and demonstrate her ongoing commitment to gender equality and equal justice for all. To honor her life and storied work, Patterson Belknap is proud to present "Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg," a podcast exploring the late Justice's cases, decisions, and dissents, and her impact on the rule of law in the United States. Hosted by Patterson Belknap Partner Michelle M. Bufano, and sponsored by Women Lawyers at Patterson, each episode of "Notorious" will include an in-depth discussion of one of Justice Ginsburg's decisions or dissents, as well as the relevant historical context, and will feature Patterson Belknap lawyers with invited guests.

  1. 07/19/2022

    Season 3: Episode 5: RBG, Justice Marshall and the Death Penalty (Part 2)

    In Season 3, Episode 5 of Notorious, we continue to discuss the Eighth Amendment's prohibition against cruel and unusual punishment – from Justice Marshall's viewpoint, as well as Justice Ginsburg's viewpoint.  This topic is broken up into two episodes, with Episode 5 focusing mostly on Justice Ginsburg's views and how those views intersect with those of Justice Marshall. Patterson Belknap attorneys Michelle Bufano, Greg Baker and Catherine Djang discuss the history of the death penalty, as well as the cases of Gregg v. Georgia and Glossip v. Gross, and the impact of their legal legacy on future capital punishment jurisprudence. Related Resources: For a selection of Justice Ginsburg's writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg:  A Selection, edited by Corey Brettschneider. For more information about Patterson Belknap Webb & Tyler LLP, see  www.pbwt.com. For information about becoming a guest on Notorious, email Michelle Bufano. For questions or more information about Notorious, email Jenni Dickson. Related People: Michelle Bufano Greg Baker Catherine Djang Catherine Djang

    36 min

  2. 07/07/2022

    Season 3: Episode 4: RBG, Justice Marshall and the Death Penalty (Part 1)

    In Season 3, Episode 4 of Notorious, we discuss the Eighth Amendment's prohibition against cruel and unusual punishment – from  Justice Marshall's viewpoint, as well as Justice Ginsburg's viewpoint.  This topic is broken up into two episodes, with Episode 4 focusing mostly on Justice Marshall's views and historical context. Patterson Belknap attorneys Michelle Bufano, Greg Baker and Catherine Djang discuss the history of the death penalty, as well as the cases of Gregg v. Georgia and Glossip v. Gross, and the impact of their legal legacy on future capital punishment jurisprudence. Related Resources: For a selection of Justice Ginsburg's writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg:  A Selection, edited by Corey Brettschneider. For more information about Patterson Belknap Webb & Tyler LLP, see  www.pbwt.com. For information about becoming a guest on Notorious, email Michelle Bufano. For questions or more information about Notorious, email Jenni Dickson. Related People: Michelle Bufano Greg Baker Catherine Djang

    43 min

  3. 05/31/2022

    Season 3: Episode 3: Justice Ginsburg and Justice Marshall's Views on Campaign Finance

    In Season 3, Episode 3 of Notorious, we discuss campaign finance, from legal viewpoints of Justices Ginsburg and Marshall. Among the issues discussed are what it means to participate in a fair and free election and the intersection between money and its impact on free speech during a political campaign.  Guests will include Patterson Belknap Partner Alejandro H. Cruz and Patterson Belknap Associates Greg Margolis and Bonita L. Robinson. Related Resources: For a selection of Justice Ginsburg's writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg:  A Selection, edited by Corey Brettschneider. For more information about Patterson Belknap Webb & Tyler LLP, see www.pbwt.com. For information about becoming a guest on Notorious, email Michelle Bufano. For questions or more information about Notorious, email Jenni Dickson. Also, check out the Patterson Belknap podcast, How to Build A Nation in 15 Weeks. Related People: Michelle M. Bufano Alejandro H. Cruz Greg Margolis Bonita L. Robinson

    43 min

  4. 04/26/2022

    Justice Marshall & Justice Ginsburg First Amendment Jurisprudence

    In Season 3, Episode 2 of Notorious, we discuss the First Amendment and how it was addressed by Justice Ginsburg and Justice Marshall. Specifically, this episode will cover Justice Ginsburg's and Justice Marshall's jurisprudence concerning the religious clauses of the First Amendment, including the Establish Clause and the Free Exercise Clause. Guests will include Patterson Belknap Partner Michelle Bufano; Patterson Belknap Counsel Jacqueline Bonneau; and Patterson Belknap Associates Greg Margolis and Bonita Robinson. Related Resources: For a selection of Justice Ginsburg's writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg:  A Selection, edited by Corey Brettschneider. For more information about Patterson Belknap Webb & Tyler LLP, see www.pbwt.com. For information about becoming a guest on Notorious, email Michelle Bufano. For questions or more information about Notorious, email Jenni Dickson. Also, check out the Patterson Belknap podcast, How to Build A Nation in 15 Weeks. Related People: Michelle Bufano Jacqueline L. Bonneau Greg Margolis Bonita L. Robinson

    44 min

  5. 03/31/2022

    Justice Marshall & Justice Ginsburg's Judicial Philosophies

    In Season 3, Episode 1 of Notorious, we discuss Justice Thurgood Marshall's and Justice Ruth Bader Ginsburg's contributions to the Civil Rights Movement, and parallels and differences between their legal and judicial strategies. Guests will include Judge Joseph A. Greenway Jr., who currently sits on the United States Court of Appeals for the Third Circuit and previously sat on the U.S. District Court for the District of New Jersey; Gregory L. Diskant, Patterson Belknap Of Counsel and former judicial clerk to Justice Marshall; Patterson Belknap Partner Michelle M. Bufano; and Patterson Belknap Associate Mariana Múnera-Keating. Related Resources: For a selection of Justice Ginsburg's writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg:  A Selection, edited by Corey Brettschneider. For more information about Patterson Belknap Webb & Tyler LLP, see www.pbwt.com. For information about becoming a guest on Notorious, email Michelle Bufano. For questions or more information about Notorious, email Jenni Dickson. Also, check out the Patterson Belknap podcast, How to Build A Nation in 15 Weeks. Related People: Michelle Bufano Gregory L. Diskant Mariana Múnera-Keating

    51 min

  6. 09/18/2021

    2020-2021 Supreme Court Term

    Featuring guest speakers, Corey Brettschneider, a professor at Brown University and editor of Decisions and Dissents of Justice Ruth Bader Ginsburg: A Selection, and Joshua Block, Senior Staff Attorney with the ACLU's LGBT & HIV Project. In Season 2, Episode 6 of Notorious, we discuss the 2020-2021 Supreme Court Term and look back at specific cases and instances where Justice Ginsburg's influence is still alive and well. Specifically, we discuss the cases, FDA v. American College of Obstetricians and Gynecologists, National Coalition for Men v. Selective Service System, Tanzin v. Tanvir, and Dobbs v. Jackson Women's Health Organization. Corey Brettschneider, a professor at Brown University and editor of Decisions and Dissents of Justice Ruth Bader Ginsburg: A Selection,: Joshua Block, Senior Staff Attorney with the ACLU's LGBT & HIV Project; and Patterson Belknap Partner Michelle Bufano discuss Justice Ginsburg's influence and legacy on the Supreme Court. Related Resources: For a selection of Justice Ginsburg's writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg:  A Selection, edited by Corey Brettschneider. For more information about Patterson Belknap Webb & Tyler LLP, see www.pbwt.com. For information about becoming a guest on Notorious, email Michelle Bufano. For questions or more information about Notorious, email Jenni Dickson. Also, check out the Patterson Belknap podcast, How to Build A Nation in 15 Weeks. Related People: Michelle Bufano

    53 min

  7. 09/17/2021

    A Discussion of Ricci v. DeStefano

    In Season 2, Episode 5 of Notorious, we discuss the case of Ricci v. DeStefano, which involved the question of whether the city of New Haven, Connecticut violated the Equal Protection Clause of the Fourteenth Amendment and Title VII of the Civil Rights Act when it rejected the results of a civil service exam given to firefighters. The results of the exam showed that white candidates had out-performed minority candidates and the question was raised as to whether the exam was discriminatory. The Supreme Court held 5–4 that New Haven's decision to ignore the test results violated Title VII because the city did not have a "strong basis in evidence" that it would have subjected itself to disparate impact liability. Because the plaintiffs won under their Title VII claim, the Court did not consider the plaintiffs' Equal Protection Clause argument. The majority opinion was written by Justice Kennedy, joined by Justice Scalia, Justice Roberts, Justice Thomas, and Justice Alito. Justice Ginsburg issued a dissent in this case, joined by Justices Stevens, Souter and Breyer.  Justice Ginsburg opined:  This case presents an unfortunate situation, one New Haven might well have avoided had it utilized a better selection process in the first place. But what this case does not present is race-based discrimination in violation of Title VII. I dissent from the Court's judgment, which rests on the false premise that respondents showed "a significant statistical disparity," but "nothing more." Patterson Belknap attorneys Michelle Bufano, Catherine A. Williams, and Leigh E. Barnwell discuss Justice Ginsburg's impact on this case. Related Resources: For a selection of Justice Ginsburg's writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg:  A Selection, edited by Corey Brettschneider. For more information about Patterson Belknap Webb & Tyler LLP, see www.pbwt.com. For information about becoming a guest on Notorious, email Michelle Bufano. For questions or more information about Notorious, email Jenni Dickson. Also, check out the Patterson Belknap podcast, How to Build A Nation in 15 Weeks. Related People: Michelle Bufano Catherine A. Williams Leigh E. Barnwell

    44 min

  8. 09/16/2021

    A Discussion of Adarand Construction v. Pena

    In Season 2, Episode 4 of Notorious, we discuss the case of Adarand Construction v. Pena, which involved whether a federal statute, which provided for favor treatment to a suspect class to remedy past discrimination, violated the Equal Protection Clause as embodied in the Fifth Amendment. In this case, Adarand, a contractor specializing in highway guard rail work, submitted the lowest bid as a subcontractor for part of a project funded by the United States Department of Transportation. Under the terms of the contract, the prime contractor would receive additional compensation if it hired small businesses controlled by "socially and economically disadvantaged individuals." Gonzalez Construction Company was awarded the work as they were certified as a minority business and Adarand was not. The primary contractor would have accepted Adarand's bid had it not been for the additional payment it received for hiring Gonzalez.  Justice O'Connor, writing for the majority, held that racial classifications, imposed by the federal government, must be analyzed under a standard of "strict scrutiny." Strict scrutiny is the most stringent level of judicial review for claims of Equal Protection Clause violations and requires that racial classifications be narrowly tailored to further compelling governmental interests. Interestingly, there were six different opinions issued in this case, including the majority opinion.  Justice Ginsburg issued a dissent, in which she once again proved herself to be a consensus builder: "I write separately to underscore not the differences the several opinions in this case display, but the considerable field of agreement--the common understandings and concerns--revealed in opinions that together speak for a majority of the Court." Patterson Belknap attorneys Michelle Bufano, Melissa Ginsberg, and George Soussou discuss Justice Ginsburg's impact on this case. Related Resources: For a selection of Justice Ginsburg's writings, see Decisions and Dissents of Justice Ruth Bader Ginsburg:  A Selection, edited by Corey Brettschneider. For more information about Patterson Belknap Webb & Tyler LLP, see www.pbwt.com. For information about becoming a guest on Notorious, email Michelle Bufano. For questions or more information about Notorious, email Jenni Dickson. Also, check out the Patterson Belknap podcast, How to Build A Nation in 15 Weeks. Related People: Michelle Bufano Melissa Ginsberg George Soussou

    48 min
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About

Ruth Bader Ginsburg was a major force in American jurisprudence. Her decisions and dissents offer a thoughtful and rigorous legal analysis, and demonstrate her ongoing commitment to gender equality and equal justice for all. To honor her life and storied work, Patterson Belknap is proud to present "Notorious: The Legal Legacy of Justice Ruth Bader Ginsburg," a podcast exploring the late Justice's cases, decisions, and dissents, and her impact on the rule of law in the United States. Hosted by Patterson Belknap Partner Michelle M. Bufano, and sponsored by Women Lawyers at Patterson, each episode of "Notorious" will include an in-depth discussion of one of Justice Ginsburg's decisions or dissents, as well as the relevant historical context, and will feature Patterson Belknap lawyers with invited guests.

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