Stanford Legal

Stanford Law School
Stanford Legal
Nieuwste aflevering

199 afleveringen

  • Stanford Legal

    The Declaration of Independence as Obligation

    30-06-2026 | 43 Min.
    This episode of The Declaration at 250 discussion spotlights a striking—and often overlooked—line in the Declaration of Independence: when despotism becomes systematic, “it is their right, it is their duty” to throw off such government. Martha Minow probes why the text escalates from permission to obligation, arguing that the “duty” language radically reframes political resistance as a moral demand, not merely a justified option. The episode asks what that duty requires, who must act, and what it means for citizens facing injustice today.

    Minow traces possible roots of this obligation in natural law and the “law of nations,” social contract ideas, and religious traditions that shaped the founders’ moral vocabulary—where obedience to rulers was often understood as conditional on legitimacy and higher law. She also raises the thorny question of who counted as “the people” at the founding (noting exclusions such as enslaved people and many Native persons), and how later movements—from abolition to global self-determination struggles—have invoked the Declaration’s language to justify resistance. Jenny Martinez extends the inquiry by emphasizing the Declaration’s closing mutual pledge—“our lives, our fortunes, and our sacred honor”—as a concrete act that binds a community and helps explain how the document generates enduring civic obligations, not only to oppose tyranny but to carry forward the promise of equality across generations.

    Connect:

    Episode Transcripts >>> Stanford Legal Podcast Website

    Stanford Legal Podcast >>> LinkedIn Page

    Stanford Constitutional Law Center >> Website

    Stanford Law School >>> Twitter/X

    Stanford Lawyer Magazine >>> Twitter/X

    Chapters: 

    [00:00:26] Chapter 1 — The Declaration’s “duty” to resist tyranny (Series setup)

    Michael McConnell frames the episode around the Declaration’s claim of a duty—not just a right—to throw off despotism.

    [00:03:31] Chapter 2 — Minow’s close read: why “duty” changes everything

    Martha Minow zeroes in on the fourth sentence and explains why duty is not synonymous with right.

    [00:05:43] Chapter 3 — Where the duty might come from: Locke, social contract, religion

    Minow traces intellectual and religious sources, including Locke and Samuel Langdon’s 1775 sermon after Lexington and Concord.

    [00:08:56] Chapter 4 — Who is “the people,” and who is duty owed to?

    Minow questions who was included/excluded, then connects duty to universal law, human rights, and global self-determination movements.

    [00:26:41] Chapter 5 — Martinez: duties, limits on revolution, and the “mutual pledge”

    Jenny Martinez contrasts civic duty traditions and argues the Declaration’s lasting obligation is the mutual pledge to uphold its promises over time.

    Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
  • Stanford Legal

    The Case for a Public Share in AI

    25-06-2026 | 25 Min.
    Artificial intelligence is rapidly reshaping the economy, but two Stanford Law alumni argue that existing tax frameworks are failing to capture—or fairly distribute—the value it generates. Jeremy Bearer-Friend, JD '14, a professor at George Washington University Law School, and Sarah Polcz, JSM '12, JSD '20, a professor at UC Davis School of Law, join co-host Professor Richard Thompson Ford to discuss a proposal that would require leading AI companies to pay a portion of their taxes in equity rather than cash, with those shares placed into a public trust, and their work with U.S. Senate members to make this happen.

    The conversation explores a central question: If AI was built on vast amounts of human-generated text, images, and creative work, who is entitled to share in the wealth it produces? Bearer-Friend and Polcz connect their proposal to broader concerns about wealth concentration and whether the gains from AI will flow to a narrow class of tech executives and investors—or to the public at large.

    The episode also examines how an equity-based tax could work in practice, including questions of governance, political insulation, and the mechanics of a sovereign wealth fund, and what it would mean to give the public a direct stake in the companies shaping the future of artificial intelligence.

    Links:

    Jeremy Bearer-Friend  >>> GW Law School page

    Sarah Polcz  >>> UC Davis School of Law page

    “Sharing the Algorithm: The Tax Solution to Generative AI” >>> Columbia Journal of Tax Law page

    American AI Wealth Fund Bill >>> PDF

    “Everyone Wants to Tax A.I. The Big Disagreement: How?” >>> NY Times DealBook page

    “Don’t laugh off Bernie Sanders’ communist AI-heist attempt — young voters are falling for it” >>> New York Post page

    Connect:

    Episode Transcripts >>> Stanford Legal Podcast Website

    Stanford Legal Podcast >>> LinkedIn Page

    Rich Ford >>>  Twitter/X

    Pam Karlan >>> Stanford Law School Page

    Stanford Law School >>> Twitter/X

    Stanford Lawyer Magazine >>> Twitter/X

    (00:00:00) A Tax Paid in Stock

    (00:02:14) IP, Inequality, and the AI Boom

    (00:05:56) Why the Public Deserves an Equity Stake

    (00:11:58) How the Tax Would Actually Work—Stock, Rates, and Governance

    (00:16:59) Sanders, Trump, and a Race to Co-opt the Idea

    (00:21:06) Objections, Safeguards, and the Road Ahead

    Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
  • Stanford Legal

    The Declaration of Independence and Conditions for Democratic Flourishing

    23-06-2026 | 52 Min.
    In the opening episode of The Declaration at 250, Michael McConnell introduces former Secretary of State Condoleezza Rice and historian David Kennedy to ask a deceptively simple question: what does it actually take for democracy to work?

    Rice argues that the Declaration of Independence marks not the birth of democracy, but the end of tyranny—and that the real work begins afterward. Democracies flourish only when citizens build durable institutions: a workable balance of power among branches, an independent judiciary, and (often most crucially) a vibrant civil society that channels protest into law, governance, and everyday problem-solving. Drawing on her experiences—from segregated Birmingham to global transitions—Rice highlights how democracies fail when executives become unchecked (Russia) or when states are too weak to govern (Afghanistan), and how they can succeed when institutions gain legitimacy over time (Poland, Kenya, and examples shaped by external constraints like the EU).

    Kennedy responds by tracing the Declaration’s promise of equality as principle, observed condition, aspiration, and enforceable law—while emphasizing the tension between democratic equality and a pluralistic society. He closes with a warning about declining trust in institutions and one another, urging renewed attention to civil society—the practical, local, often unglamorous work that turns founding ideals into lived reality.

    Connect:

    Episode Transcripts >>> Stanford Legal Podcast Website

    Stanford Legal Podcast >>> LinkedIn Page

    Stanford Constitutional Law Center >> Website

    Stanford Law School >>> Twitter/X

    Stanford Lawyer Magazine >>> Twitter/X

    Chapters:
    [00:00:00] Welcome & series launch (Karlan + McConnell)

    Pam Karlan introduces the special episode; Michael McConnell launches The Declaration at 250 and the project’s guiding question.

    [00:00:54] Framing the episode: What does democracy need to flourish?

    McConnell previews the episode’s focus on democratic flourishing, featuring Condoleezza Rice with response from historian David Kennedy.

    [00:02:04] Rice: The Declaration ends tyranny; democracy is the harder next step

    Rice argues the Declaration is fundamentally revolutionary—overthrowing the old—raising the problem of how revolutions become democracies.

    [00:06:05] Rice: America’s conditions, near-failures, and why separation of powers matters

    Rice describes the U.S. “luck,” the near-collapse under the Articles and the Civil War, and the Constitution’s durability through distributed power.

    [00:11:37] Rice: Civil rights, law, and a “second founding” (1964–65)

    Drawing on personal experience and movement strategy, Rice emphasizes institutional change—litigation, amendments, and landmark legislation—as democracy’s engine.

    [00:20:00] Rice: Institutions vs. culture—lessons from Russia, Afghanistan, Tunisia, Poland, Kenya, Hungary

    Rice rejects “DNA for democracy” explanations and shows how executive strength, civil society, and institutional legitimacy shape success or failure.

    [00:32:33] Kennedy: Equality’s evolving meaning—and the civil society trust crisis

    Kennedy traces equality from Jefferson to the 14th Amendment and warns that declining trust and civic know-how signal weakening civil society.

    [00:42:52] Kennedy’s question: “Spirit of constitutionalism,” plus depersonalization (social media/suburbanization)

    Rice defines constitutionalism as lived civic practice beyond paper rights; both discuss forces eroding community and shared institutions before closing.

    Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
  • Stanford Legal

    Declaration at 250 Trailer

    18-06-2026 | 1 Min.
    00:00:00 — What new can be said about the Declaration at 250?

    McConnell opens with the core question and frames 250 years of interpretation, celebration, and controversy.

    00:00:58 — The big themes the series will test: democracy, critiques, duties, and constitutional influence

    A preview of the agenda: what makes democracies flourish, modern challenges to founding principles, rights versus duties, and the Declaration’s impact on state constitutions and government structure.

    00:01:19 — The forward-looking questions: law, AI, and America’s “promissory note”

    The trailer highlights upcoming debates over whether the Declaration is law, how it applies to artificial intelligence, and its continuing moral force from Lincoln to MLK.

     

    Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
  • Stanford Legal

    Inside the Trump Administration's Immigration Agenda

    11-06-2026 | 33 Min.
    The birthright citizenship case and immigration raids have drawn headlines and national attention, but Lucas Guttentag, who teaches immigration law at Stanford and Yale law schools, says some of the Trump administration’s most consequential immigration changes are unfolding with far less public scrutiny.

    Guttentag, one of the nation’s leading immigration law experts and founder of the ACLU Immigrants’ Rights Project, joins host Professor Pamela Karlan for a wide-ranging conversation about current American immigration policies. Guttentag discusses his time in the Biden administration and compares policies in the first Trump administration with those of the second. He also focuses on the Immigration Policy Tracking Project, an effort he launched in 2017 with law students to document every Trump administration immigration policy, implementation memo, directive, and related legal challenge. The tracker, he explains, is designed to make visible what can otherwise be hard to see: hundreds of policy changes that, taken together, are reshaping the immigration system.

    The episode examines what these changes mean for immigration courts, bond hearings, temporary protected status, green card applications, and the lawyers challenging the administration in court. One of Guttentag’s central points is that immigration is a civil system, not a criminal one, and the distinction matters for anyone trying to understand what is happening now.

    Links:

    Lucas Guttentag >>> Stanford Law School page

    Immigration Policy Tracking Project >>> IPTP page

    Connect:

    Episode Transcripts >>> Stanford Legal Podcast Website

    Stanford Legal Podcast >>> LinkedIn Page

    Rich Ford >>>  Twitter/X

    Pam Karlan >>> Stanford Law School Page

    Stanford Law School >>> Twitter/X

    Stanford Lawyer Magazine >>> Twitter/X

    (00:00:00) The Immigration Policy Tracking Project

    (00:07:33) The Dismantling of the Immigration Court System

    (00:12:15) "Public Spectacle and Private Terror" — Tactics of Fear 

    (00:17:32) Asylum, TPS, and the Racial Undercurrent

    (00:21:51) The Courts Push Back 

    (00:29:22) What a Rebuilt Immigration System Would Look Like 

    Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Meer Maatschappij & cultuur podcasts
Over Stanford Legal
Law touches most aspects of life. Here to help make sense of it is the Stanford Legal podcast, where we look at the cases, questions, conflicts, and legal stories that affect us all every day. Pam Karlan studies and teaches a range of constitutional law-related courses with a special focus on what is known as the “law of democracy,”—the law that regulates voting, elections, and the political process. She served as a commissioner on the California Fair Political Practices Commission, an assistant counsel and cooperating attorney for the NAACP Legal Defense Fund, and (twice) as a Deputy Assistant Attorney General in the Civil Rights Division of the U.S. Department of Justice. She also co-directs the Stanford Supreme Court Litigation Clinic, which represents real clients before the highest court in the country, working on important cases including representing Edith Windsor in the landmark case striking down the federal Defense of Marriage Act and Donald Zarda in a case where the Supreme Court held that Title VII of the Civil Rights Act of 1964 protects LGBT individuals against discrimination in employment. She has argued before the Court ten times. And Rich Ford’s teaching and writing look at the relationship between law and equality, cities and urban development, popular culture and everyday life. He teaches local government law, employment discrimination, and the often-misunderstood critical race theory. He studied with and advised governments around the world on questions of equality law, lectured at places like the Sorbonne in Paris on the relationship of law and popular culture, served as a commissioner for the San Francisco Housing Commission, and worked with cities on how to manage neighborhood change and volatile real estate markets. He writes about law and popular culture for lawyers, academics, and popular audiences. His latest book is Dress Codes: How the Laws of Fashion Made History, a legal history of the rules and laws that influence what we wear. Law matters. We hope you’ll listen to new episodes that will drop on Thursdays every two weeks. To learn more, go to https://law.stanford.edu/stanford-legal-podcast/.
Podcast website

Luister naar Stanford Legal, De erfenis van Engel en vele andere podcasts van over de hele wereld met de radio.net-app

Ontvang de gratis radio.net app

  • Zenders en podcasts om te bookmarken
  • Streamen via Wi-Fi of Bluetooth
  • Ondersteunt Carplay & Android Auto
  • Veel andere app-functies
Stanford Legal: Podcasts in familie