Show Cause - A Memphis Law Podcast

Memphis Law

Show Cause is the official podcast of the University of Memphis Cecil C. Humphreys School of Law. Oftentimes, an order to show cause requires a party to give a judge more information to help explain something to the court. There's no judge here, but there is a lot of information (and misinformation) out there these days. This is our attempt at helping explain some of the things happening across the cultural and legal spectrums, with insight from our faculty, students, alumni, and community partners. read less
Society & CultureSociety & Culture

Episodes

Episode 13 - The Transition from Thurgood Marshall to Clarence Thomas with Prof. Daniel Kiel
Mar 31 2023
Episode 13 - The Transition from Thurgood Marshall to Clarence Thomas with Prof. Daniel Kiel
Today’s guest has an incredibly timely book addressing the differences, and some surprising similarities, between these two pillars of the Court, and the still unfolding impact of the transition from Justice Marshall to his replacement on the bench in Justice Thomas. Our very own Professor Daniel Kiel has authored the forthcoming book, “The Transition: Interpreting Justice from Thurgood Marshall to Clarence Thomas.” These two Justices may have been a generation apart in life, but they both spent the majority of their lives confronting the questions of race, the Constitution, and American Citizenship. Professor Kiel makes the case that this particular transition was one of the most momentous shifts in power in the judicial branch of our lifetime. Not only did it shift the ideological balance on the Court; it was inextricably entangled with the persistent American dilemma of race. He explores the lives and writings of the first two African American Justices on the Court, touching on lasting consequences for understandings of American citizenship as well as the central currents of Black political thought over the past century. The consequences of this transition are still unfolding today, both on the Court and in society. Take a listen to today’s episode to hear Professor Kiel tell us more about how their unique perspective as Black justices – the lives they have lived as African Americans and the rooting of their judicial philosophies in the relationship of government to African Americans – that makes this succession echo across generations.
AI in the classroom - Chatting about ChatGPT and more
Jan 23 2023
AI in the classroom - Chatting about ChatGPT and more
In this episode of Show Cause, we are joined by two of our very own Memphis Law professors (Associate Dean Jodi Wilson and Professor Jennifer Brobst) to talk about the fears, implications, applications, ideas and future of AI programs like ChatGPT and the broader concept of technology’s impact in the classroom. ChatGPT is a new chatbot program developed by OpenAI and which is capable of writing convincing essays, solving science and math problems, and producing functional computer code. It’s already caused quite the stir in the world of higher education, with students using it to write their assignments, passing off AI-generated essays as their own and professors and administrators scrambling to keep up. There has been an initial wave of widespread concern among academics about the impact this has in the classroom and what it means for the future of teaching, learning, ethics in the classroom, and much more. But, as with all new technologies, there is more here than just the initial fear. Within weeks of ChatGPTs unveiling, new anti-plaguarism programs were developed and adopted across the country. Many teachers went from feeling hopeless to utilizing the new AI programs as tools for idea generation or conversation starters. In short, a middle ground seems to be forming. But the technology is still new and it’s repercussions are still being felt out, especially in the worlds of legal education and the larger legal industry, where change has been traditionally slower to take hold. Take a listen as we learn more about a variety of different elements that pertain to the crossover between new tech and our students education in today's world.
Episode 9 - The SCOTUS Case That Could Decimate Democracy
Jul 6 2022
Episode 9 - The SCOTUS Case That Could Decimate Democracy
The US Supreme Court recently announced that it would hear a case this Fall that could radically reshape how federal elections are conducted. It could give state legislatures independent power, which would not be subject to review by state courts, to set election rules that could be in direct conflict with their own state constitutions. In short, it could give state legislatures unchecked power to determine the outcome of federal elections and could essentially make gerrymandering legal. The case, Moore v. Harper, originated in North Carolina and concerns a voting map drawn by the North Carolina legislature that was rejected as a partisan gerrymander by the North Carolina Supreme Court. Politicians there have based their argument against this ruling around the "Independent State Legislature Doctrine." The case, and the Supreme Court’s decision, could throw nearly every facet of our country’s electoral process into chaos. On today’s episode of Show Cause, we’re joined by Election Law expert and author of the book “Rethinking US Election Law: Unskewing the System,” Professor Steve Mulroy. He has published over 25 works on constitutional law, criminal law and procedure, and election law and is the past winner of the Democracy Innovator Award from the national FairVote organization for his work on voting rights and election law issues. Professor Mulroy goes into detail with us about the monumental importance of this case and the implications it could have on our entire foundation of democracy.
Episode 6 - Pandemic Parenting
Feb 11 2022
Episode 6 - Pandemic Parenting
At the start of the pandemic, especially during the quarantine phase, we all saw the constant posts on social media about all of the free time people had for new hobbies, exercising, cleaning, and random projects. But those individuals trying to juggle being an all of a sudden 24/7 parent and young professional with a career often felt like they were drowning in an environment of constant kids and work. Fast forward two years or so and things may be normalizing for many people, but young professionals with children are still having to live in their ongoing covid-induced purgatory of career stress, parenting and childcare. The pandemic has drastically changed the way the legal world works, but it’s also radically altered the way young attorneys with children make their way through balancing their careers and family life. Constant childcare closures, adapting to evolving health and safety parameters, family health concerns, court closures, virtual court appearances, and the never-ending string of surprises that having a young child entail, have all combined to make it a challenging time to be a young legal professional and parent. The pandemic offers a crossroads opportunity: Firms can take what they’ve learned from the COVID-19 work experience and adjust practices to accommodate working mothers, or they can revert to the status quo that continues to threaten retention rates and their bottom lines. In this episode of Show Cause, our guest is Sarah Stuart, an associate at the Memphis firm of Burch, Porter and Johnson, and the mother of an 18-month-old little girl. She’s a 2016 Memphis Law graduate, and prior to joining Burch Porter in August of 2018, she served as a law clerk to both the Honorable Bernice B. Donald and the Honorable Sheri Lipman. She and her husband Reed found out they were pregnant at the very beginning of the pandemic and with the majority of their family residing out-of-town, have since braved the world of pandemic parenting as best they could, with a bit of luck, help, and stretching the limits of patience. Take a listen and learn more about what it’s like to be a parent and young attorney in these trying times. And what lessons can be learned from it going forward.
Episode 5 - Daniel Kiel on The Long & Winding Road of the Pervis Payne Case
Dec 9 2021
Episode 5 - Daniel Kiel on The Long & Winding Road of the Pervis Payne Case
In episode 5 of Show Cause, we're joined by Professor Daniel Kiel to discuss the long and ongoing history of the Pervis Payne case, in which he has played several parts over the course of his career, both in the private sector and as an academic. Pervis Payne has spent the last 34 years on Death Row in Tennessee for a double murder in Millington, TN in 1987. Ironically, COVID-19 might be the reason he’s no longer there. He was supposed to be executed on December 3rd, 2020, but on November 6 of that year, all executions in Tennessee were suspended due to the pandemic. That delay allowed Payne’s attorneys to pursue several legal angles geared towards permanently removing him from death row. When Payne's case went to the Supreme Court in 1991 on a technical criminal procedure question about sentencing, he was represented by attorneys at Burch, Porter, and Johnson. When Professor Kiel started working at Burch Porter early in his career, the firm was still affiliated with the case and assigned him to handle a request to pursue DNA testing for Payne under a newly-enacted statute that enabled convicted defendants to get DNA testing if it might impact their conviction.  He argued the case at the TN Court of Criminal Appeals in 2007, but sadly came up unsuccessful. However, he continued to follow the case through its evolution over the years, and when Payne's execution date was set in early 2020, he was put back in touch with the current legal team. Throughout the summer and fall of 2020, he worked to generate scholarship on the unusual constitutional position into which the Payne case fell, dealing with his intellectual disability and the unconstitutionality of his status on death row as a result.  He went on to publish several pieces raising awareness of this situation as part of a larger campaign to get the previously mentioned statute passed and fill the gap between the US Supreme Court’s decision and the implementation of it in Tennessee. As the legislature considered that statute, he testified in front of the House committee considering the bill.  And as you may have seen in the news lately, the statute eventually passed, ultimately resulting in Payne’s removal from Death Row. Enjoy the show as you learn more about the case itself and more of Professor Kiel's history with it!