California MCLE Podcast TalksOnLaw

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 Competence 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: 1.5 General MCLE)

Like all attorneys, Asian-American lawyers generally strive for legal excellence by honing their expertise and delivering quality client service. Yet, they can confront a myriad of stereotypes, biases, and misconceptions from colleagues and even clients. In this interview, Prof. Peter Huang of Colorado Law delves into the unique challenges and biases Asian-American lawyers face.Prof. Huang discusses how many view Asian-American lawyers through the lens of the "model minority" myth. This stereotype paints Asian-Americans as a monolithic group, emphasizing traits such as studiousness, diligence, and obedience, and overlooking their diverse individual qualities. Such perceptions can have detrimental effects. Aspiring Asian-American leaders or law partners may find themselves pigeonholed as effective but potentially lacking creativity or vision, consequently limiting their ascent to senior roles.Prof. Huang emphasizes that today's Asian-American lawyers often wrestle with subtle, unspoken or subconscious biases. He further enriches the discussion by introducing concepts like the “perpetual foreigner syndrome” or the minority “cloak of invisibility” shedding light on multifaceted challenges Asian-American professionals encounter.(Credits: 0.5 Implicit Bias & Bias Reducing Strategies 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. (Credits: 1 General MCLE)

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.(Credits: 1 General MCLE)

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. (Credits: 1 Legal Ethics MCLE)