This episode addresses the alarming surge of attacks on judges and courts. These attacks range from threats and acts of physical violence to a corrosive rhetoric that undermines public confidence in the judiciary. While criticism of court decisions is a vital aspect of a healthy democracy, dismissing the courts as corrupt or illegitimate threatens the rule of law. ALI President David F. Levi moderates this discussion in which panelists share their perspectives on the increase in attacks on and unfair criticism of judges and propose solutions to protect judicial independence and uphold the integrity of our judicial system.

Is America’s governing framework hindering our ability to make simple choices in daily life? In this episode of Reasonably Speaking, ALI President David F. Levi sits down with author and lawyer Philip Howard to discuss his new book, Everyday Freedom: Designing the Framework for a Flourishing Society.

They’re joined by Judge Edith Jones and Professor Nicholas Bagley for a lively conversation that explores Howard’s critique of complex legal structures and their impact on our sense of agency. They delve into the book’s central theme of "everyday freedom" and how simplifying legal frameworks can empower individuals and revitalize society.

On the occasion of ALI’s anniversary, we brought together three of our project Reporters to talk about ALI’s history and a few of our most influential projects. In this discussion, ALI Centennial History Book Editor Andrew Gold is joined by Deborah A. DeMott (Reporter for Restatement of the Law Third, Agency), John C.P. Goldberg (Associate Reporter for Restatement the Law Fourth, Property), and Erin E. Murphy (Associate Reporter for Model Penal Code: Sexual Assault and Related Offenses).

Mike served as ALI's eighth president from 2000 to 2008, and Roberta as ALI's ninth and first woman president from 2008 to 2017. Both are recipients of ALI's Distinguished Service Award. Beyond the ALI, Mike is senior counsel at Cobalt in Berkeley, California. He's a member of the American Academy of Arts and Sciences and the American Academy of Appellate Lawyers, among others. He's the recipient of the U.S. Court of Appeals for the Ninth Circuit's John P. Frank Award. Mike is an honorary life trustee of Earthjustice as well as on the Environmental Law Institute's Leadership Council and the advisory boards of Sustainable Conservation and the Electronic Frontier Foundation.

Roberta is a shareholder at Modrall Sperling in Albuquerque, New Mexico. In addition to being ALI's first woman president, she was also the first woman president of the ABA from 1995 to 1996. Among other honors, she's an elected member of the American Academy of Arts and Sciences, a fellow of both the American College of Trust and Estate Council and the American Bar Foundation, and has served as a panel member for the American Arbitration Association. Roberta is board chair of Think New Mexico, and a member of the board of the Santa Fe Opera. In 2015, Roberta received the American Bar Association's highest award, the ABA medal. We are so pleased Mike and Roberta have joined us in person to record this dual oral history for the Institute. 

The tension between protecting and promoting freedom of speech is no better exhibited than in the university setting. Historically, colleges have been a place where young minds have been encouraged to exercise true freedom of thought. But to what extent is that freedom protected? Additionally, how does that freedom extend to university faculty?  

On this episode of Reasonably Speaking, ALI President David F. Levi is joined by constitutional law expert Geoffrey R. Stone, Edward H. Levi Distinguished Service Professor of Law at The University of Chicago Law School, to discuss speech on campus.  

ALI President David F. Levi sits down with M. Margaret McKeown, senior judge of the U.S. Court of Appeals for the Ninth Circuit, for a discussion on McKeown’s new book, Citizen Justice: The Environmental Legacy of William O. Douglas—Public Advocate and Conservation Champion.

U.S. Supreme Court Justice William O. Douglas was a giant in the legal world, particularly as the longest-serving justice from 1939 to 1975. His most enduring legacy, however, is perhaps his advocacy for the environment. In a way unthinkable today, Douglas ran a one-man lobby shop from his chambers at the U.S. Supreme Court, bringing him admiration from allies in conservation groups but raising ethical issues with his colleagues. He became a national figure through his books, articles, and speeches warning against environmental dangers. Douglas organized protest hikes to leverage his position as a national icon, he lobbied politicians and policymakers privately about everything from logging to highway construction and pollution, and he protested at the Supreme Court through his voluminous and passionate dissents.

The Supreme Court of the United States has historically received criticism from all sides of the political spectrum. However, recent Gallop polls suggest a significant loss in confidence by the American people in several institutions of government, including the Court. These ratings were from June 2022 before the last few controversial decisions of the U.S. Supreme Court were entered, including the abortion case Dobbs v. Jackson Women’s Health Organization and the New York gun case New York State Rifle & Pistol Association Inc. v. Bruen.

This episode brings together U.S. federal judges in a conversation about judging, and the perception of the U.S. Supreme Court in particular, because of the loss of confidence by the American people in the Court.

The conversation is moderated by ALI President David F. Levi, who served on the U.S. District Court for the Eastern District of California from 1990 to 2007, including chief judge from 2003 to 2007. Joining him are Raymond J. Lohier Jr. of the U.S. Court of Appeals for the Second Circuit, Jeffrey S. Sutton, chief judge of the U.S. Court of Appeals for the Sixth Circuit, and Diane P. Wood of the U.S. Court of Appeals for the Seventh Circuit.

In April 2022, at the invitation of the leadership of The American Law Institute, a group whose members span a range of legal and political views, came together to consider possible Electoral Count Act (ECA) reforms. Despite holding diverse legal, political, and ideological commitments, the group is united by the belief that Congress should reform the ECA before the 2024 presidential election. The group has agreed on several general principles that should guide ECA reform, as well as specific proposals as to what ECA reform should seek to accomplish. Because of the need for quick action, this project has not gone through the typical ALI bicameral process, which requires approval by both our Council and membership, and therefore cannot be considered the official work of the Institute. 

In this episode of Reasonably Speaking, David F. Levi is joined by the project’s co-chairs, Bob Bauer and Jack Goldsmith, who explain the purpose of the project and walk through the General and Specific Principles.

This podcast episode is jointly produced by the ALI and the Bolch Judicial Institute at Duke Law School.