Edge of the Law

Russian space nukes, international space law, blowing up satellites, and the militarization of the final frontier.... we talk space law with expert Frans von der Dunk. This episode unpacks the startling history of nuclear weapons tests in space, like the infamous Starfish Prime, and explores the consequent dangers these activities pose to satellite safety and global security. Professor von der Dunk sheds light on the Outer Space Treaty and the Partial Test Ban Treaty, explaining their roles in governing the deployment of weapons of mass destruction in the cosmos. As countries flirt with the boundaries of these treaties, we discuss potential future conflicts and the legal ramifications of military actions in space. Tune in to unravel the complexities of international space law, historical incidents of space weaponization, and the ongoing debate over the militarization of the final frontier.

Strap in for a deep dive into the life-or-death world of police commands with Professor Rachel Harmon, a renowned authority on police law. Harmon explains that at the moment a command is given, ciphering the difference between a legitimate order and an unlawful one can prove impossible. Daunting as that may be, the stakes are exponentially heightened since the consequences of non-compliance include lethal force. Prof. Harmon explores examples both hypothetical and from infamous tragedies while shedding light on individual rights in the face of lawful and unlawful police orders. Finally, Harmon explains that since police commands frequently play the deciding factor between a crisis averted and unwarranted violence, a rethink on policy is overdue.Rachel Harmon is a professor of law at the University of Virginia School of Law.

Discover the covert world of the Supreme Court's shadow docket, where decisions are made outside of traditional merits proceedings. In this exclusive interview, Professor Stephen Vladeck, one of the nations's foremost experts on the topic, provides analysis and a sharp critique of the Court's increased use of this alternative process. Vladeck explores how these secretive decisions are driving change across a number of hot-button issues like immigration, election disputes, pandemic restrictions, and abortion bans, and what it means for the Court's reputation. Stephen Vladeck is a professor of law at the University of Texas Law School and an expert on constitutional law and has argued over a dozen cases before the U.S. Supreme Court. He is the author of the recent book The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic

Former Chairman of the powerful Commodity Futures Trading Commission (CFTC) and pioneer of crypto regulation, Christopher Giancarlo breaks down how crypto is viewed by the government and which organizations are empowered to put the kibash on crypto scams and fraud. Giancarlo explains why some cryptocurrency is treated as a commodity (regulated by the CFTC), some as a security (regulated by the SEC), and others may not be regulated at all (yet). The conversation explores the FTX meltdown, who will regulate stablecoins, the SEC under Chairman Gary Gensler, and the future of crypto regulation. Finally, Giancarlo looks at the "digital dollar" and explains to Joel how issues such as privacy and the 4th Amendment would apply to U.S., Central Bank-issued cryptocurrency.

Gun rights in the United States have been expanding rapidly over the past three decades and the recent, controversial Supreme Court case, NYSRPA v. Bruen (2022) is widely viewed as a significant win for personal gun rights. In this interview we go past the superficial win/loss and explore the current landscape of the Second Amendment with a leading gun law scholar.  Prof. Joseph Blocher (Duke Law School) explains how Bruen has created an entirely new test for gun laws. Justice Thomas, who authored the Opinion of the Court, knocks down New York's concealed carry law, and along with it, calls into question "may issue" laws across the nation. Prof. Blocher goes on to explore the broader impact of Bruen on gun laws, what it means for “sensitive places,” locations where guns can be restricted, and how it shifts the tension between state, federal, and Constitutional gun laws.

The world's richest man and one of the world's most powerful social media platforms have been playing a high stakes ($43 Billion+) game. M&A scholar, Prof. Eric Talley uses this compelling case to shed insight both on how mergers are drafted as well as the levers of power that can be built into purchase agreements to give buyers the power to walk away from even a signed deal. Prof Talley gives strategic M&A insights into the Musk-Twitter saga and then goes on to explain what is truly unique from a legal perspective about this iconic deal.Eric Talley is a professor at Columbia Law School and a national expert on corporate and M&A law.