Are Frozen Embryos Children? A Discussion of the Alabama Decision on Embryo Rights and the Future of IVF Pregnancies in the US

When does life begin? In this episode of Stanford Legal, co-hosts Rich Ford and Pam Karlan dig into the recent decision by the Alabama Supreme Court that has sent shockwaves through the fertility treatment community. The ruling, which considers frozen embryos as children under state law, has wide-ranging implications for in vitro fertilization (IVF) practices. Bioethics and law expert Hank Greely joins the discussion, providing insights into the background of the case, its legal implications, and the potential ramifications for IVF clinics and patients in Alabama—and throughout the country. The conversation highlights the intersection of law, medicine, and ethics, revealing the complex challenges surrounding embryo rights and reproductive freedoms.

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• Episode Transcripts >>> Stanford Legal Podcast Website
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• Rich Ford >>>  Twitter/X
• Pam Karlan >>> Stanford Law School Page
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Links:

• Hank Greely >>> Stanford Law School Page | Twitter/X

(00:00:00) Chapter 1: Introduction & The Alabama Supreme Court Ruling

• Hank Greely, discussing the recent Alabama Supreme Court decision regarding frozen embryos. He provides background on the Alabama Supreme Court decision and the implications for fertility treatment in the state along with explaining the legal basis of the ruling and the claims brought forth by the plaintiffs.

(00:03:43) Chapter 2: Wrongful Death Act & Implications of the Decision

• Discussion on the Alabama Wrongful Death Act and its application to unborn children, including frozen embryos. Exploration of the broader implications of the decision, including ethical and legal concerns.

(00:08:21) Chapter 3: Understanding Frozen Embryos

• Hank Greely explains the process of in vitro fertilization (IVF) and the concept of frozen embryos, including the harvesting of eggs and the reasons for freezing embryos.

(00:14:05) Chapter 4: Legal and Ethical Concerns

• Analysis of the legal and ethical implications of the Alabama decision for IVF clinics and patients. Greely, Karlan, and Ford then discuss the political and legislative responses to the Alabama decision, including potential future actions

(00:26:49) Chapter 5: Gender and Control Over Reproduction

• Show Notes: Discussion on the gender dynamics and control over reproduction highlighted by the Alabama Supreme Court ruling.

(00:33:29) Chapter 6: Political Ramifications and Predictions

• Hank Greely offers his perspective on potential legislative responses and the broader implications for reproductive rights. From congressional bills to grassroots activism, we explore the evolving landscape of reproductive justice. They also explore the political ramifications and the future outlook for fertility treatment.

Why does the U.S. have the highest incarceration rate in the industrialized world, with individuals, communities, and taxpayers paying a steep price for lengthy prison terms for even nonviolent offenders?  Michael Romano, a criminal justice lawyer who founded and directs the Three Strikes Project at Stanford Law School, the first law school program of its type in the country focused on securing reduced sentences for incarcerated people deemed to be serving disproportionate sentences, has spent his career on this uniquely American challenge. As the project’s director for the past 16 years, Mike has worked with Stanford Law students to win the release of more than 200 Californians imprisoned under the state’s Three Strikes law.

Along with helping hundreds of people sentenced to life in prison for minor/nonviolent crimes, the Three Strikes team also worked to change California’s Three Strikes Law. In 2012 they celebrated passage of the Three Strikes Reform Act, a landmark legislative effort led from start to finish by Stanford Law students and project staff members in partnership with the NAACP Legal Defense Fund.

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• Episode Transcripts >>> Stanford Legal Podcast Website
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• Rich Ford >>>  Twitter/X
• Pam Karlan >>> Stanford Law School Page
• Stanford Law School >>> Twitter/X
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• Michael Romano >>> Twitter/X

Important questions regarding Trump: can he be prosecuted for criminal wrongdoing when he was serving as president, whether the two impeachment trials matter, and if Colorado’s decision to disqualify him from the state’s primary ballots is constitutional. Pulitzer Prize winning historian Jack Rakove joins Pam and Rich for a discussion on the U.S. Constitution, originalism, charges against former president Donald Trump, and the role of historians in constitutional litigation.

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• Episode Transcripts >>> Stanford Legal Podcast Website
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• Rich Ford >>>  Twitter/X
• Pam Karlan >>> Stanford Law School Page
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Links:

• Jack Rakove >>> Stanford University Page

Drinkable water is a precious commodity. But as population growth, aging infrastructure, drought, and climate change pose challenges to freshwater quality and quantity in America, the safety and amount of water in parts of the U.S. is in question. With more than 140,000 separate public water systems in the country, how can federal, state, and local governments, along with the various water authorities, take on this challenge alone? In this episode we hear from global water and natural resources expert Barton “Buzz” Thompson, about this new book Liquid Asset: How Business and Government Can Partner to Solve the Freshwater Crisis —and his recommendations for how to solve the freshwater crisis in the U.S.

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  Law Magazine >>> Twitter/X

Links:

• Buzz Thompson >>> Stanford Law School Page
• Liquid Assets: How Business and Government Can Partner to Solve the Freshwater Crisis.
• Paul Milgrom & Auction Theory

Chapter Timestamps:

(00:00:00) Introduction & Water's Scarcity 

Hosts Rich Ford and Pam Karlan introduce guest, Buzz Thompson, an expert in water law and author of Liquid Assets

(00:01:18) Water Challenges Today

The scarcity of fresh water globally, and the multiple crises facing water resources: uneven distribution, climate change and the depletion of groundwater resources.

(00:04:30) Water Infrastructure 

What is water infrastructure in the United States, the current state of it, and the repairs and upgrades required and being undertaken.

(00:07:14) Updating Infrastructure & 21st-Century Technology 

Examples of modern wastewater treatment methods, advocating for resource recovery centers and outlining their potential benefits by adopting 21st century technology.

(00:09:08) Fragmented Water Systems 

The complexity of water systems, & the challenges created by small water systems 

(00:12:00) Water Rights & Legal Structures 

The current legal structure of water rights in the USA,and defining the goals of both protecting water as a public resource, and a private commodity.

(00:16:25) Private Sector's Role & Future Solutions 

Buzz discusses water markets internationally, and the private sector's role in innovation, technology, and financing to bridge the gap in water management. 

(00:18:59) Challenges with Outdated Water Rights 

Rich & Buzz  discuss the challenges created by the current water rights model, and the necessity, possibilities, and challenges for legal reform.

(00:21:18) Proposal for Tradeable Water Rights 

The concept of converting existing water rights into more easily transferable ones similar to real property, in order to eliminate the current challenges.

(00:25:49) Changing a System of Water Rights

Australia's successful reform in the Murray-Darling Basin, where water rights were revamped for better tradeability and how they safeguarded the environment.

(00:27:31) Conclusion

Women and minorities continue to be underrepresented in patent issuing and less often are granted credit for their innovations. We examine why this is, the impacts it has, and what can be done about it. Patents, and the protection of inventor rights, was deemed important enough that when the U.S. Constitution was ratified in 1788 it included what is now known as the intellectual property clause: Article I, Section 8, Clause 8, which reads “[The Congress shall have Power . . . ] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Our guest in this episode is Lisa Larrimore Ouellette, whose latest research looks at inequality in the patent system and how that impacts innovation. Her paper “Improving Equity in Patent Inventorship” was recently published in Science.

Connect:

• Episode Transcripts >>> Stanford Legal Podcast Website
• Stanford Legal Podcast >>> LinkedIn Page
• Rich Ford >>>  Twitter/X
• Stanford Law School >>> Twitter/X
• Stanford  Law Magazine >>> Twitter/X
• Lisa Ouellette >>>  Twitter/X

Chapters:

(00:00:00) Introduction and Patent System Overview

The significance of patents and their historical context. Intro of guest Lisa Ouellette’s research on inequity in the patent system 

(00:01:47) Understanding Patents and their Benefits 

The purpose of patents, their duration, and their impact on inventors' rights. Discussion on how patents apply across various industries like pharmaceuticals, software, and AI.

(00:04:10) Inequities in the Patent System

Disparities within the patent system, and discussion on the lower representation of women and minorities in obtaining patents.

(00:07:15) The Innovator-Inventor Gap

Exploring the gap between authorship on scientific papers and recognition as patent inventors & potential mechanisms causing it.

(00:11:15)  Impact of Patent Recognition

The significance of being listed as a patent inventor: impact on career, earnings, and professional reputation. 

(00:13:33) Innovation Type with Diverse Inventorship

Insights into the potential shift in innovation focus due to diversity within inventor teams.

 (00:14:54) Addressing Inequity: Policy Reforms

Challenges faced by underrepresented groups in persisting through the patent application process, suggestions for change and the impact of real-world programs to address these challenges

(00:18:37) AI's Influence and Challenges

Speculations on AI's impact on patent accessibility and equity. Challenges and potential exacerbation of disparities due to AI-generated patent claims.

(00:21:11) Conclusion

 In June, 2022 the U.S. Supreme Court delivered an historic and far reaching decision overturning Roe v. Wade and turning abortion law to the states. Less than two years on, we are seeing just how that decision is playing out as women navigate a divided country with a patchwork of reproductive rights.  The recent example of Kate Cox, a Dallas-area mother of two who sought to have a medical exemption from Texas’ strict abortion laws and was forced to leave the state to receive the care she needed when her request was denied, brought the consequences of the Court’s decision to the headlines. In this episode we hear from the show’s co-host Pam Karlan, an expert in reproductive law, about the Texas case and reproductive rights in the US after Roe was overturned.

Connect:

• Episode Transcripts >>> Stanford Legal Podcast Website
• Stanford Legal Podcast >>> LinkedIn Page
• Rich Ford >>>  Twitter/X
• Stanford Law School >>> Twitter/X
• Stanford  Law Magazine >>> Twitter/X

Chapters:

(00:00:00) Introduction

Rich Ford introduces the episode and highlights the significant changes in abortion laws over recent years. 

(00:01:08) Current Legal Context

Pam Karlan provides an overview of the legal landscape since the Dobbs case decision and summarizes the changes and confusion it has led to.

(00:05:00) Texas Abortion Controversy: Kate Cox Case

Focus on the case of Kate Cox, a woman in Texas seeking abortion due to fetal health complications. Analysis of the legal, political, and ethical implications of the verdict.

(00:10:02) Impact of Returning Abortion Laws to States

The misconception that returning abortion decisions to states would reduce controversy. Analysis of attempts to to restrict travel for abortion services.

(00:12:20) Legal Ramifications and Political Scenarios

Discussion on potential legal consequences for aiding abortion travel and comparisons with state laws regarding child-related travel. Contemplation of federal abortion bans utilizing the Commerce Clause and the potential scenarios for imposing such bans.

(00:14:48) Medical Abortions and Legal Challenges

Insights into the rise of medical abortions and the controversy surrounding the approval and distribution of drugs, and subsequent legal battles.

(00:20:20) State Politics, Abortion Laws & State Referendum Dynamics

Exploration of the shifting dynamics in state politics, including red states' stances on protecting abortion rights, and measures in California & Ohio.

(00:22:56) Shifting Political Narratives

Discussion on the evolving focus of the abortion debate, and examination of how abortion politics are playing out in national and state elections, influencing political strategies.

(00:24:59) Federal Legislation Prospects and Responsive Activism

The potential for federal legislation protecting or banning abortion rights & insights into citizen activism  both aiding and impeding abortion access. 

(00:28:18) Abortion in Unlikely Arenas

Examples showcasing how abortion politics infiltrate seemingly unrelated areas, affecting military promotions and governmental functionality. 

In this episode, Pam Karlan and Rich Ford explore recent 2nd Amendment Supreme Court cases, the evolution of gun laws, and the implications of increased gun accessibility in the U.S. Joined by John Donohue, an empirical researcher who is an expert on firearms and the law, they discuss the proliferation of guns and automatic weapons, which make the US an outlier among Western countries for its mass killings, and the ways in which gun laws have made the U.S. more deadly—including for law enforcement. 

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• Episode Transcripts >>> Stanford Legal Podcast Website
• Stanford Legal Podcast >>> LinkedIn Page
• Rich Ford >>>  Twitter/X
• Stanford Law School >>> Twitter/X
• Stanford  Law Magazine >>> Twitter/X
• John Donahue >>> Twitter/X

Chapters:

(00:00:00) Introduction 
Pam Karlan introduces the episode, highlighting the recent surge in mass shootings in the US, and introduces this week’s guest, John Donahue, one of the nation’s leading experts on firearms and the law.

(00:01:16) Proliferation & Access to Assault Weapons in America
The impact of the termination of the federal assault weapon ban in 2004 on mass shootings and a comparison to other nations restrictions on these weapons.

(00:05:07) Supreme Court and the Rahimi Case
Analyzing the Rahimi case and its implications regarding the possession of weapons under restraining orders and the Supreme Court's evolving stance on gun rights.

(00:06:37) The Gun Lobby & the Republican Party
Exploring the relationship between the gun lobby, manufacturers, and republicans and the effects this evolving relationship has had since the mid nineties.

(00:13:10) Constitutional Shifts 
The transformation in Second Amendment interpretations from the 1930s to the recent Bruen case, exploring the Supreme Court's methodology and its implications for gun regulations and the Rahimi decision before them now.

(00:15:40) Frozen Interpretations 
The historical context of the Second Amendment, the oddity of freezing it, and how the current context challenges the applicability of historical Second Amendment interpretations.

(00:19:05) Broader Implications 
The broader spectrum of issues stemming from the proliferation of access to firearms and the growing lethality of weaponry, including rising firearm-related suicides and homicides.

(00:24:05) Bruen & Gun Laws 
The effect of the Bruen case on laws like restraining immediate access to weapons, and safe storage laws

(00:26:08) Law Enforcement & Gun Proliferation
John explains how the proliferation and of firearms has affected the polices ability to clear violent crimes, and increases police involved shootings

(00:28:31) Conclusion

From the recent Senate dress code controversy to landmark legal cases, explore the nuanced intersection of the law and fashion, gender identity, and cultural expression. Join Pam Karlan and Rich Ford to delve into the intricate world of dress codes and the law, examining their historical roots and contemporary implications.The discussion begins with the recent Senate dress code controversy, unravelling the political and cultural factors at play. The hosts delve into the historical context, touching on sumptuary laws in medieval Europe and the Great Male Renunciation, offering valuable insights into the evolution of societal norms. Pivotal legal cases such as Jespersen v. Harrah’s and the challenges surrounding gender-specific dress codes and religious exemptions are dissected. Throughout the episode, engaging anecdotes and thought-provoking analysis provide listeners with a profound understanding of the legal complexities shaping our attire, identities, and societies.

Connect:

• Episode Transcripts >>> Stanford Legal Podcast Website
• Stanford Legal Podcast >>> LinkedIn Page
• Rich Ford >>>  Twitter/X
• Stanford Law School >>> Twitter/X
• Stanford  Law Magazine >>> Twitter/X
• Rich Ford's Book >>> Dress Codes: How the Laws of Fashion Made History

Chapters:

(00:00:00) Introduction

Pam Karlan and Rich Ford introduce the episode, Rich’s book 'Dress Codes, How the Laws of Fashion Made History’

(00:01:08) Senate Dress Code Drama

The recent elimination and subsequent reinstatement of the dress code in the U.S. Senate; specific mention of John Fetterman & Kyrsten Sinema.

(00:03:55) Solicitor General's Office

Analysis of the gendered nature of dress code challenges faced by the first female Solicitor General, Elena Kagan, in navigating the formal attire expectations.

(00:06:53) Dress Code Messages

Examination of the message behind politicians & tech industry dress choices to send a message

(00:09:47) The Personal Side of Dress Codes

Rich Ford's personal experiences and anecdotes, including his participation in Esquire's Best Dressed Real Man contest.

(00:10:39) Sumptuary Laws and Fashion in the Middle Ages

Discussion on medieval sumptuary laws and their detailed regulations on attire, reflecting societal hierarchies and power dynamics.

(00:12:27) Earrings as Signifiers: From Medieval Italy to Modern Campuses

Exploration of earrings as symbols, from distinguishing religious groups in medieval Italy to contemporary cultural identifiers on college campuses.

(00:15:04) The Great Masculine Renunciation and Gendered Attire

Examination of the historical shift in men's fashion during the 1700s, marking the beginning of subdued, practical attire and its implications on gender roles.

(00:17:30) Modern Title VII Challenges

In-depth analysis of modern legal cases involving gender and dress codes specifically discussing Jespersen v. Harrah, and the Amy Steven’s case involving transgender rights & how gender expression is changing.

(00:22:18) Sex, Race, & Dress Codes

Reflection on cases where hairstyles were the center of dress-code legal cases, particularly affecting members of a particular race.

(00:26:28) Religious Exemptions and Dress Codes: A Global Perspective

Exploration of religious exemptions from dress codes, and the clash between cultural expression and state regulations.

(00:27:02) Conclusion

After a hiatus, Stanford Legal returns to your podcast feed. Start with our first episode back, where hosts Pam Karlan and Rich Ford sit down with criminal law expert David Sklansky to unpack the numerous indictments against Donald Trump. But that's not all: our upcoming episodes will explore a range of pressing legal topics from AI to the Supreme Court’s latest decisions. 

Make sure you're following Stanford Legal, so you don't miss an episode! And "hit the bell" in Spotify.

Episode Transcripts >>> Stanford Legal Podcast Website

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The many indictments against Donald Trump, former president and current Republican frontrunner for the 2024 presidential contest, have left many scratching their heads. Is the Florida documents case more important than the Georgia election interference one? Is it all just political theatre, or is this serious? Here to help make sense of it is former prosecutor and criminal law expert David Alan Sklansky, who joins Pam and Rich for this episode about the criminal cases against Trump and how they might play out in this critical campaign year. From the intricacies of witness testimonies to the strategic implications for co-defendants, this episode touches on the unprecedented challenges faced by judges, lawyers, and the American legal system.

This is the first episode of the newly-relaunched Stanford Legal podcast;  make sure you're following so you don't miss an episode!

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• Episode Transcripts >>> Stanford Legal Podcast Website
• Stanford Legal Podcast >>> LinkedIn Page
• Rich Ford >>>  Twitter/X
• Stanford Law School >>> Twitter/X
• Stanford  Law Magazine >>> Twitter/X
• David Sklansky >>> Twitter/X

Chapters:

(00:00:00) Introduction

Rich Ford and Pam Karlan reintroduce the Stanford Legal podcast after a hiatus, as well as guest David Alan Sklansky. Overview of the four major criminal indictments against Trump.

(00:05:02) Severity and Strength of Charges

Analysis of the seriousness of charges & assessment of the legal strengths of different cases, highlighting the Florida case as particularly challenging for Trump.

(00:07:25) Trump's Trial Strategies

Prediction of strategies to delay the trials, including attempts to change judges, create discovery disputes & Trump's courtroom absence during the trials.

(00:12:05) The Judges Navigate Trump’s Cases

Sklansky discusses the particular challenges the judges are facing presiding over these trials.

(00:15:04) Ensuring an Unbiased Jury

Discussion on the difficulty of finding jurors unafraid to participate due to potential threats or intimidation. Insight into the legal system's approach to selecting jurors and the importance of reasoned deliberation.

(00:18:12) Trump’s Codefendants

Analysis of co-defendants in the cases, highlighting the New York and Georgia indictments. 

(00:22:24) Strategic Implications of Conviction

Discussion on how trial outcomes may influence co-defendants' decisions & their repeated testimonies and its impact on legal proceedings.

(00:24:18) Legal Representation Challenges

Examination of co-defendants' legal representation, including lawyers paid by the Trump campaign, as well as the intersection of cases, and unprecedented  consequences.

(00:26:30) March to Trial and Democracy's Future

Discussion on the anticipation of the D.C. election fraud trial in March and its historical significance.