Skip to content
Sign in
Artwork for UnCommon Law
Society & CultureNewsNews CommentaryGovernment

UnCommon Law

Bloomberg Industry Group

On UnCommon Law, legal issues, public policy, and storytelling collide. We'll explore the most important legal stories of the day: Will lawmakers be able to rein in artificial intelligence before it's too late? Can the government ever consider race in college admissions? How much power do federal agencies have to make the rules that shape our lives? Can you sue a haunted house for being too scary? Produced and hosted by Matthew S. Schwartz.


Winner of the American Bar Association's Silver Gavel Award for Media and the Arts

Play
Open in
  • 20 episodes
  • Avg 29 min
  • English

Episodes 20

NewestOldestLongest
All20Unplayed20In progress0Played0
  • July 1 · 58 min

    SPECIAL: Justice Stephen Breyer on Trump, the Rule of Law, and Whether the Supreme Court is Political

    In this special episode of UnCommon Law, former Supreme Court Justice Stephen Breyer sits down with Bloomberg Law's Matthew S. Schwartz to discuss the Court, executive power, Dobbs, judicial independence, and the rule of law. Reflecting on nearly three decades on the bench — and the perennial question of whether politics shapes when justices choose to retire — he explains how justices make decisions, and why preserving public trust in the Supreme Court and the Constitution is essential, even as polls show trust in the judiciary near a 50-year low.

  • June 18 · 34 min

    How the DOJ Decides Who Gets Charged and Who Doesn't in America

    How does the Justice Department decide who gets charged with a crime and who doesn't? In the post-Watergate era, the Justice Department developed policies and institutional safeguards intended to separate political considerations from prosecutorial decisions: typically career attorneys delve into the law and investigate the facts, evaluate the evidence needed to secure a conviction, and recommend whether a case should move forward. However, Trump administration critics say that process is under pressure, pointing to a series of high-profile cases involving political figures and former government officials. On this episode of UnCommon Law, we explore the doctrine of selective prosecution — the claim that someone was targeted for prosecution because of who they are, what they said, or the political positions they hold. Through the cases involving James Comey, Letitia James, and Eric Adams, legal scholars, journalists, and former Justice Department officials examine how the DOJ decides whether to pursue or abandon a case, and what that process reveals about prosecutorial discretion, independence, and accountability. We'll also examine the changing role of the Justice Department's Public Integrity Section, the office created after Watergate to help oversee politically sensitive prosecutions. Guests: Bennett Gershman, professor of law at Pace University and a former prosecutor in the New York State Anti-Corruption Office; author of the treatise Prosecutorial Misconduct Stanley Brand, former general counsel to the US House of Representatives and a veteran white-collar defense attorney; now Distinguished Fellow in Law and Government at Penn State Dickinson Law John Keller, former chief of the Justice Department's Public Integrity Section; now a partner at Walden Macht Haran & Williams Chris Strohm, senior reporter at Bloomberg News covering the Justice Department *** CREDITS Host/Producer/Sound Design: Matthew S. Schwartz Editor/Executive Producer: Josh Block Cover Art: Jonathan Hurtarte Special Thanks: Ben Penn, Chris Strohm Thank You: Andrew Satter, Cesca Antonelli, Tom Taylor, Seth Stern

  • May 6 · 26 min

    Justice Transformed: When DOJ Norms Disappear

    When Robert Jackson stood in the Great Hall of the Justice Department in 1940 and told the country's federal prosecutors that they held more power over life, liberty, and reputation than any other person in America, he was not describing a rule written into law. He was describing a creed. For the better part of a century, attorneys general from both parties invoked Jackson's words as a kind of shared oath. The principle was simple: no fear or favor, just the law. The catch was that almost none of it was codified. In President Trump's second term, he has broken traditional norms of independence by purging career staff, calling for the prosecution of his enemies, and challenging the judiciary. In the season premiere of UnCommon Law, host Matthew Schwartz traces those norms from their origins through their greatest tests — and asks whether the system that held through Watergate, the Clinton impeachment, and even the first Trump term was ever as durable as it seemed. In this episode and the ones ahead, we will explore: Allegations of selective prosecution — indictments of political adversaries, dropped cases against allies — and what the law actually permits. How the federal judiciary has responded, and what judges can and cannot do when the executive branch refuses to comply. A reckoning with the parts of the Justice Department that have been dismantled — the Civil Rights Division, the public integrity section, the career staff — and what their absence means in practice. Also, the stories of the prosecutors and lawyers who quit — and what they saw on the way out. Featuring: Stuart Gerson, former Assistant Attorney General for the Civil Division under President George H.W. Bush; co-founder of the Society for the Rule of Law Jed Shugerman, professor of law at Boston University School of Law Chris Strohm, senior reporter at Bloomberg News covering the Justice Department Ben Penn, senior reporter at Bloomberg Law covering the Justice Department *** CREDITS Host/Producer/Sound Design: Matthew S. Schwartz Editor/Executive Producer: Josh Block Cover Art: Jonathan Hurtarte Special Thanks: Ben Penn, Chris Strohm Thank You: Andrew Satter, Cesca Antonelli, Tom Taylor, Seth Stern

  • S11 · E1
    April 13 · 2 min

    Justice Transformed: Trailer

    For decades, the Justice Department has operated with a widely shared understanding: that prosecutors should follow the evidence, not the president. That understanding was never written into law; it was shaped by norms. And now those norms are being tested. This season on UnCommon Law, we hear from former attorneys general, constitutional law scholars, and federal prosecutors who have watched from inside as changes have reshaped the Justice Department. But supporters of the president say he has the power to direct the Justice Department — perhaps even the duty to do so. What happens when a president takes an active role in directing law enforcement priorities? What happens to a Department of Justice built on norms, when those norms are challenged? This is Justice Transformed. A new season of UnCommon Law, from Bloomberg Industry Group. Hosted by Matthew S. Schwartz, edited by Josh Block.

  • Nov 21, 2024 · 22 min

    BONUS: How Quinn Emanuel Lawyers Save 50 Billable Hours With One Click

    Generative AI has promised to reshape the practice of law ever since ChatGPT emerged. However, it's been unclear just how large law firms are using AI. Has it changed how practitioners do their jobs on a daily basis? Are we witnessing the emergence of a revolution in how lawyers do their work? Uncommon Law's Matthew Schwartz sits in as guest host on this episode of On the Merits. He talks with John Quinn, founder and chair of Quinn Emanuel Urquhart & Sullivan, as they discuss his firm's stance on artificial intelligence and the future of the billable hour.

  • S9 · E6
    Oct 31, 2024 · 37 min

    6. From Errors to Efficiency: Can AI Transform the Practice of Law?

    In the season finale of UnCommon Law, we explore the power of AI to transform legal practice. Featuring insights from top law professors, a federal judge, and industry leaders like John Quinn, founder of Quinn Emanuel, we ask: Can AI’s promise of efficiency overcome its risks—and redefine the future of law? Guests: John Quinn, founder of Quinn Emanuel Urquhart & Sullivan, LLP Daniel Ho, professor of law and computer science at Stanford University David Hoffman, professor of law at the University of Pennsylvania Carey Law School Isabel Gottlieb, reporter for Bloomberg Law covering AI and issues impacting corporate legal departments *** Host/Producer: Matthew S. Schwartz Editor/Executive Producer: Josh Block Additional Editing: Andrew Satter Cover Art: Jonathan Hurtarte

  • Oct 19, 2023 · 26 min

    Can a Haunted House Go Too Far? 'Carrie' Scare Leads to Lawsuit

    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. Christopher Ardalan, attorney at Ardalan & Associates, PLC Larry Levine, law professor at the University of the Pacific McGeorge School of Law *** Host/Producer: Matthew S. Schwartz Editor/Executive Producer: Josh Block Cover Art: Jonathan Hurtarte

Showing 1–20 of 20 episodes