Generative AI tools are already promising to change the world. Systems like OpenAI's ChatGPT can answer complex questions, write poems and code, and even mimic famous authors with uncanny accuracy. But in using copyrighted materials to train these powerful AI products, are AI companies infringing the rights of untold creators? This season on UnCommon Law, we'll explore the intersection between artificial intelligence and the law. On episode one, we learned about the lawsuits filed against AI...

Generative AI tools are already promising to change the world. Systems like OpenAI's ChatGPT can answer complex questions, write poems and code, and even mimic famous authors with uncanny accuracy. But in using copyrighted materials to train these powerful AI products, are AI companies infringing the rights of untold creators? This season on UnCommon Law, we'll explore the intersection between artificial intelligence and the law. Episode one examines how large language models actually ingest...

When Scott Griffin visited the Haunted Trail, he expected to be scared. But he did not expect what happened after he thought the scare was over. This special Halloween episode of UnCommon Law tells the true story of a man terrorized by a haunted house attraction. Griffin bought a ticket to a haunted house — but ended up getting more than he bargained for: two broken wrists. He sued for negligence and assault. Can someone who paid to be frightened sue when things go too far?  Guests: P....

In the conclusion of UnCommon Law's season-long exploration of noncompete agreements, we look at the Federal Trade Commission's authority to ban the clauses nationwide. We’ve reviewed how the ban would work and explored the policy arguments for and against it. Now we delve into a more fundamental question: Does the FTC even have the power to make a substantive rule like this one? It's been 50 years since the DC Circuit Court of Appeals ruled that the FTC has substantive rulemaking power....

The Supreme Court has effectively ended the use of race as a factor in college admissions. In a 6-3 ruling, along ideological lines, the divided Supreme Court struck down the admissions programs of Harvard and the University of North Carolina, which both used race as a factor in their admissions process. Today, on this special edition of UnCommon Law, we’ll learn how the court came to its decision. And: Did the majority leave the door open for colleges to still consider race in some...

In its proposal to ban noncompete agreements nationwide, the Federal Trade Commission has touted the potential benefits to workers and the economy. But how would a ban impact business owners? This week on UnCommon Law, part four of our series on the agency's proposal. Why are so many business owners so adamant that they need to be able to use noncompetes, even when other legal tools — like trade secret laws and nonsolicitation agreements — might protect companies without limiting employee...

California is one of just three states where noncompete agreements are almost completely banned. California is also the home of Silicon Valley, the global hub of technological innovation. Is that just a coincidence? Or would Silicon Valley be as successful even if noncompete agreements were allowed? This week on UnCommon Law, part three of our ongoing series on the Federal Trade Commission's proposal to ban noncompete agreements nationwide. Is California’s ban on noncompete agreements really...

This week on Uncommon Law: the second episode in our podcast series about the Federal Trade Commission’s proposed nationwide ban on noncompete agreements. We’ll look at one Minnesota hair salon and see how noncompete agreements often play out in the real world. What happens when employees leave the hair salon and try to strike out on their own? Guests: Heidi Hautala, a hair stylist in Minnesota  Evan Starr, professor at University of Maryland Emily Olson, a hair stylist in Minnesota Kylee...

This season on UnCommon Law, we’re exploring one of the most expansive Federal Trade Commission proposals of the last half century: a near-total nationwide ban on noncompete clauses. We’ll examine arguments for the ban, and talk to workers who’ve had their livelihoods crushed by oppressive covenants not to compete. We’ll look at arguments in favor of keeping noncompetes, and talk with business owners who say they’re crucial for keeping trade secrets confidential and protecting business...

This season on UnCommon Law, we’re exploring one of the most expansive Federal Trade Commission proposals in modern history: a nationwide ban on noncompete clauses. Coming May 31st. Learn more about your ad choices. Visit megaphone.fm/adchoices

It’s been almost 20 years since Justice Sandra Day O’Connor, intentionally or not, set an affirmative action countdown in motion. On Oct. 31, the Supreme Court heard arguments that Harvard and the University of North Carolina go too far in their use of race in admissions. Will the diversity rationale — the heart of affirmative action defenses since 1978 — convince this staunchly conservative court? Also, while diversity has been the reason affirmative action has survived legal tests — was it...

For decades, over multiple decisions, the Supreme Court has been clear: The U.S. Constitution allows colleges to take race into account when they craft their incoming classes. And yet race-conscious admissions policies continue to face attacks. Today, on part three of our four-part series on affirmative action, we’ll meet the man who has perhaps done more than any other in recent memory fighting to end the use of race in America’s public policies. Will Edward Blum be successful in convincing...

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...

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...

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...

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...

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...

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....

College sports is closing out the first year of the name, image and likeness era for athletes. Since July 1 2021, athletes have been free to earn money from marketing deals on their NIL rights, including through endorsements, appearances, modeling, and hosting camps. One UCLA basketball player even launched his own cryptocurrency. The right of publicity now belongs to collegiate athletes. This comes after decades of strictly enforced rules barring student athletes from receiving any...

On January 1, Ben Wilson will officially conclude his tenure as chairman of Beveridge & Diamond and retire from the firm. As first reported by Bloomberg Law, Wilson, affectionately regarded as the dean of Black partners at major law firms, announced his retirement this fall after 45 years in legal practice, 35 of those years with the firm. Wilson became chairman of the Washington, D.C.-based Beveridge & Diamond in 2017, 31 years after entering the firm as its first Black partner. But...

Some frustration with the bar exam comes not just because it’s a hard test. Differences in state licensing requirements can mean attorneys may have to take the bar exam multiple times. In the final episode of [Un]Common Law’s three-part look at the bar exam, we ask why can't there be one bar exam for all U.S. jurisdictions? A national bar exam that eliminates the need for a patchwork of state tests? The answer turns in part on the test called the Uniform Bar Exam or UBE. Developed by the...

In the wake of the Covid-19 pandemic, five U.S. jurisdictions opted to suspend their July 2020 bar exams. Instead, these jurisdictions granted licensure to new attorneys through "diploma privilege.” That's the practice of admitting new attorneys to the state bar, and allowing them to practice law, contingent on their graduation from an ABA-accredited law school only. It does not require taking and passing a bar exam. Wisconsin is currently the only state to permanently offer diploma...

In all U.S. jurisdictions except Wisconsin, passing a bar exam is a requirement to obtain a license to practice law. However, the Covid-19 pandemic forced some state authorities to adopt alternative paths to licensure for recent law school graduates. In the wake of those changes, criticism of the bar exam has blossomed into a movement to reform or eliminate the test altogether. These critics argue that the bar exam, “is an outmoded, discriminatory, and simply ineffective as a barometer of...

Frances Haugen, the whistleblower whose revelations have prompted a congressional investigation into Facebook revealed herself publicly in an interview that aired on CBS on Sunday night. Haugen is the source of thousands of internal company documents that were leaked to U.S. lawmakers and the Wall Street Journal. A data scientist, Haugen was hired by Facebook in June of 2019 to lead the company’s civic integrity team, which was charged with cracking down on hate speech and misinformation. In...