
Show Notes
In the religious freedom case, Kennedy v. Bremerton School District (2022), the Supreme Court weighed in on the role of God in football in American public schools. Prof. Sarah Barringer Gorden (UPenn Law) explains the case, its impact on the First Amendment's Establishment Clause separating church and state, and the unusual history of religion and football at the Supreme Court.
In Bremerton, the Court decided whether a public school football coach named Joseph Kennedy violated the Establishment Clause by prominently praying at midfield after each game. The Court found in favor of the coach and determined that his actions were protected by the Free Speech and Free Exercise protections of the First Amendment. Finally, Prof. Gordon explains the historical ebb and flow of Establishment Clause power and lays out the Court’s new test for evaluating potential violations of church and state after Kennedy v Bremerton.
How to Earn CLE Credit MCLE certificates are eligible only for TalksOnLaw Premium or Podcast members. To earn credit, listen to the full program, note the verification code announced during the recording, then log in to your TalksOnLaw account to record attendance and download your certificate at www.TalksOnLaw.com/podcast.
Approved for 1.0 hours of General California MCLE credit.
More from California MCLE Podcast
What does it mean to lead the legal function at a company operating at the scale of Meta? C.J. Mahoney, Meta's Chief Legal Officer and formerly General Counsel of Microsoft and Deputy U.S. Trade Representative, joins TalksOnLaw to discuss the wave of litigation alleging that social-media products are addictive and harmful to young users, the role of Section 230 and the First Amendment in Meta's defense, and the FTC's challenge to the Instagram and WhatsApp acquisitions.
The United States protects religious freedom in the first words of the Bill of Rights and protects children in every state's criminal code. When a parent's faith leads to refusing a blood transfusion, praying over a diabetic child instead of seeking care, or declining vaccination, the law must decide which commitment yields. Prof. Marci Hamilton, who argued City of Boerne v. Flores before the Supreme Court and is the author of God vs. the Gavel, joins TalksOnLaw to examine where the right to believe ends and the right to act on that belief begins.
Deepfakes, AI-generated documents, and machine-assisted analysis are arriving in courtrooms faster than the rules of evidence can adapt. Judge Paul Grimm joins TalksOnLaw to discuss how courts should authenticate and evaluate AI-generated evidence — and what judges and litigators can do now to prepare.
The criminal and civil cases surrounding Donald Trump have raised a remarkable range of professional responsibility questions — for prosecutors, defense counsel, and the lawyers who found themselves in the middle. Legal ethics professors Bruce Green and Rebecca Roiphe survey the ethical issues raised by the Trump trials and what they teach about the rules governing lawyers.
The legal profession has long been defined as a high-performance environment characterized by competition and long hours. While dedication and hard work remain hallmarks of successful lawyers, there is a growing recognition of the tension between these professional demands and attorney mental health. Dean David Jaffe, Associate Dean for Student Affairs at American University, offers a unique perspective on this challenge, having co-piloted two national surveys on law student well-being.