Common law can feel like a chaotic patchwork of 50 different jurisdictions. But for the last century, the American Law Institute (ALI) has worked to distill that chaos into clear, persuasive principles. We sit down with Mark Hall, the lead reporter for the Restatement of the Law Third, Torts: Medical Malpractice, to discuss how these influential texts are written and why they often carry more weight than a standard law review article.

In this episode, we cover:

• The "Goldilocks" Standard: How the ALI synthesizes the "best" version of the law from conflicting state approaches.
• Medical Malpractice Deep Dive: Defining the "Standard of Care" and navigating the controversial Loss of Chance doctrine.
• A "Secondary" Source with Primary Power: Why judges often rely on Restatements to settle issues of first impression.
• The Laboratory of the States: Why a little legal variation across the country is actually a good thing for the profession.

• (00:00) - Introduction: The Chaos of Common Law and the Role of the ALI
• (03:24) - What is a Restatement? Harmonizing 50 States into One Principle
• (04:36) - The Legacy of Torts: How the ALI Created Products Liability Law
• (07:17) - Defining the Standard of Care: "Competent" vs. "Average"
• (09:55) - The "Loss of Chance" Doctrine: Can You Sue for a Reduced Probability of Survival?
• (12:14) - Study Tips: Using Restatements to Outline for Finals and Understand Nuance
• (16:24) - Litigation Strategy: Making Arguments When the Law is Unsettled
• (20:00) - The "Laboratory of the States": Why Legal Variation is Beneficial
• (24:32) - Curriculum Design: Will Professors Teach from the Restatement?
• (27:38) - Host Debrief: How to Use Restatements as a Research Shortcut for Briefs
• (34:40) - Evidence vs. Torts: Why Codified Rules Feel Easier to Learn
• (42:02) - Networking Hacks: Using the ALI Member List to Find Mentors

Copyright law used to be considered a quiet, "boutique" field—but things have changed. With the rise of AI and global digital marketplaces, copyright has transformed into a high-stakes battlefield. We sit down with Kristyn Webb, a copyright litigator at Fishman Stewart, to discuss how technology is rewriting the concept of ownership and why firms are desperate for new experts in "Soft IP".

In this episode, we cover:

• The AI Revolution: How the legal world is grappling with training data, generated outputs, and the lack of global consensus on AI copyright.
• Global Enforcement: Why copyright lawyers need to look beyond lawsuits and work with Customs and Border Protection to stop infringing goods before they enter the country.
• The Human Element: The importance of understanding "moral rights" and protecting an artist's legacy (and immortality).
• Career Advice: Why you shouldn't be discouraged if you don't land an IP job immediately, and how "side quests" like clerking can make you a better litigator.

Click here to view the episode transcript.

• (00:00) - Introduction: Copyright Law’s Evolution in the Age of AI
• (01:44) - Meet Kristyn Webb: Copyright Litigator & Soft IP Expert
• (03:27) - Breaking into IP: A Non-Linear Career Path to Copyright Law
• (05:11) - Future of IP: Concierge Services and Artificial Intelligence
• (06:42) - Legal Job Market: The Growing Demand for Trademark & Copyright Attorneys
• (08:44) - IP Strategy: Using Copyright for Border Enforcement & Brand Protection
• (12:54) - Day in the Life: Litigating Diverse Cases from Cartoons to Digital Rights
• (15:34) - Moral Rights & Legacy: The Human Element of Intellectual Property
• (21:42) - Global Copyright: AI Training Data and International Jurisdiction
• (25:03) - Student Resources: The Copyright Claims Board & Law School Clinics
• (26:59) - Career Advice: Leveraging Clerkships and "Side Quests" for IP Jobs
• (31:45) - Host Debrief: The Broad Scope of Copyrightable Works (including Dance)
• (38:43) - Conclusion: Balancing Artistic Passion with Legal Career Practicality

Want a legal career blending Intellectual Property (IP), Biotechnology, and Business? We sit down with Jenna Matheny (Vice-President & Managing Director at APIOiX) to break down the path to a high-impact career in medical innovation. This episode is essential listening for law students and those interested in patent law who also have a passion for science, revealing a world of opportunities beyond traditional law firm life.

In this episode, we discuss:

• The Innovation Lifecycle: How lawyers are involved from invention disclosure and patent strategy to regulatory approval (FDA) and commercialization.
• The Business of IP: The critical, often-overlooked importance of contracting and compliance in developing and licensing medical technology.
• Finding Your Niche: Jenna's unique career path through university Tech Transfer offices, incubators, and accelerators—and how law students can get their foot in the door.
• Beyond Science: The growing field of social innovation and how non-science majors can find rewarding IP careers focused on copyright and trademark.
• Practical Law School Advice: Which broad-based courses (like securities and international tax) set you up for success, and the value of clinics and residencies.

• (00:00) - Introduction: Blending Law, Science, and Business in an IP Career
• (01:43) - Meet Jenna Matheny: Expert in Medical Technology IP and Tech Consulting
• (04:28) - Defining Biotech vs. MedTech: Law's Role in FDA Approval
• (05:42) - The Core Practice Areas: Patents, Contracting, and Regulatory Compliance
• (10:09) - Career Pivot: From Medicine Interest to Patent Attorney Path
• (11:32) - Tech Transfer Offices (TTOs): How Law Students Can Gain Experience
• (14:28) - Incubators & Accelerators: Consulting and Internship Roles for Attorneys
• (20:39) - Practical Advice: Essential Law School Courses (Securities, Tax) and Clinics
• (24:26) - Serendipity & Networking: How Connections Change the Course of a Legal Career
• (25:59) - Social Innovation: IP Opportunities without a Science Background (Copyright & Trademark)

Host Nayeli Diaz sits down with tribal attorney Leah Jurss to demystify the vast and often-overlooked world of tribal law. Leah shares her unique perspective from working both in a firm serving tribes and as in-house counsel for the Bay Mills Indian Community.

In a candid and informative interview, Leah dispels common myths and explains why a foundational understanding of tribal sovereignty is essential for all legal professionals, no matter their field. She highlights the wide range of legal issues that intersect with tribal communities and offers a clear roadmap for how law students can start learning about this fascinating and rewarding area of law.

In this episode, we discuss:

• Federal Indian Law vs. Tribal Law: The key differences between the laws governing the relationship with the U.S. government and the laws tribes use to govern themselves.
• The Right Terminology: Why "Indian law" is still used and when it's appropriate to identify a specific tribe.
• Effective Advocacy: Leah's experience working with non-native lawyers and her advice on how to be an effective advocate for a tribal community by respecting cultural norms.
• A Rewarding Career: Why a career in tribal law is never boring, offering a chance to touch on many different practice areas, from family and environmental law to legislation and business development.
• Resources for Students: Actionable steps you can take today to learn more, including which law school classes to take and the value of joining organizations like the Native American Law Students Association (NALSA).

• (00:00) - Introduction: The Importance of Tribal Law for Law Students
• (01:36) - Introducing Guest Leah Jurss & The Topic of Tribal Law
• (03:53) - The Term "Indian Law": Why Is It Still Used?
• (04:40) - The Difference Between Federal Indian Law and Tribal Law
• (06:19) - In-House vs. Law Firm Practice: The Differences
• (08:14) - Being a Non-Native in Indian Law: A Discussion on Allyship
• (10:20) - The Importance of a Baseline Understanding for All Lawyers
• (13:12) - Resources for Learning Tribal Law in Law School
• (16:28) - Leah's Career Path: From Law Student to Tribal Attorney
• (19:35) - A Day in the Life of a Tribal Attorney
• (23:57) - A Favorite Project: Drafting a Judicial Ethics Code
• (26:22) - Final Takeaways: The Importance of Sovereignty
• (27:33) - Conclusion & Outro

Relocating after law school can be daunting. For whatever reason you find yourself in a new city, you often have to rebuild networks, learn the local rules, and figure out how you’re going to excel while you’re still finding your way around.

For our first episode of the new season, we welcome new hosts Nayeli Diaz and Eve Albert, who sit down with Kimberly Wolf Price, who brings her years of experience derived from working in law school career services, hiring new talent, and having been a young associate who went through the same challenges. Together, they explore how law students can face their anxieties, make all the necessary preparations to successfully set themselves up for success, and engage with local attorneys to find their place.

• (00:00) - Introduction & Meet the Hosts
• (01:45) - Nayeli Diaz's Background & Interests
• (02:57) - Eve Albert's Background & Interests
• (03:59) - Introducing Guest Kimberly Wolf Price & The Topic of Relocation
• (07:17) - The First Question: "Is This Even Possible?"
• (08:17) - Navigating the Bar Exam for Another State
• (09:59) - Networking Tips for Relocating Law Students
• (12:39) - Advice for Students Unsure of Where to Relocate
• (13:42) - The Importance of Proactivity in Your Career
• (14:53) - A Message from the Legal Community: Lawyers Want to Help
• (15:50) - The Role of Technology in Networking
• (16:53) - The Benefits of Relocating After Law School
• (18:01) - Specialization & Clerkships as a Strategic Move
• (19:06) - When to Start Talking to Career Services
• (20:32) - Addressing Apprehension About Out-of-State Experience
• (22:28) - How to Talk About Relocation in Your Cover Letter
• (23:54) - Long-Distance Networking Tips for Law Students
• (25:11) - The Merit of Working as an Associate Before Relocating
• (27:14) - The Importance of Authenticity & Not Burning Bridges
• (28:19) - Final Advice: Take a Deep Breath & Just Start
• (30:56) - Conclusion & Outro

As kids, Kenneth Anand and Jared Goldstein, authors of two textbooks on Sneaker Law, developed a passion and, in time, a mission. Together, they’ve sought to create what they call the “legal bible for the sneaker industry”, not only serving as an invaluable resource for those interested in the sneaker industry, but also a rethink of the textbook experience. Chay and Manny close out this season of the ABA Law Student Podcast in conversation with Kenneth and Jared exploring their path to success, their focus on maintaining their identities through law school, and how they leveraged their natural networking skills to create opportunity rather than get hung up on obstacles.

Ever wondered how a law degree could lead to the highest levels of professional sports? Join us for an exclusive conversation with Tamika Tremaglio, former Executive Director of the National Basketball Players Association, as she pulls back the curtain on her remarkable journey. Discover the often-underestimated power of taking calculated risks, the crucial role of likability in the competitive legal landscape, and how "reimagining the possible" can unlock unexpected and fulfilling career paths you might not have even considered.

• (00:00) - Welcome Tamika Tremaglio
• (03:05) - Dual Law Degree Program
• (05:59) - KPMG
• (09:01) - Deloitte
• (14:58) - Re-Imagining the Possible
• (17:42) - Negotiating the 2023 CBA
• (20:44) - How Law School Helped
• (22:22) - Working with High Profile Clients and Companies
• (24:19) - Breaking Into Sports Law
• (26:21) - TA Sports Ventures
• (27:43) - Athlete Wellbeing
• (30:03) - Host Reflections

Professor Joshua McDaniel is the director of Harvard’s Religious Freedom Clinic, where he and his students provide pro bono representation to members of minority faiths and vulnerable communities in the fight against discrimination and the defense of their constitutional and statutory rights. Professor McDaniel joins the Law Student Podcast team to discuss civil rights litigation, the value law students can derive from participating in clinics and pro bono work, and why civil litigation is a path each law student should consider. Hear what lawyers are doing today in this ever important segment of the law and how you can get involved in the fight for equality and justice.

Click here to view the episode transcript.

• (00:00) - Why Civil Rights Litigation Matters to Law Students
• (01:57) - Introducing our Guest, Professor Joshua McDaniel
• (04:32) - What is Civil Rights Litigation
• (06:21) - Procedural Nuances in Civil Rights Litigation
• (08:16) - Section 1983 Explained
• (09:13) - Case Examples and Client Stories
• (11:37) - How to Develop Litigation Instincts Through Practical Experience
• (13:34) - Why It’s Important for Law Students to Consider Becoming Civil Rights Litigators
• (16:32) - The Emotional and Professional Challenges of the Field
• (18:05) - How to Stay Grounded and Balanced
• (19:37) - Advice for Aspiring Civil Rights Litigators
• (22:01) - What Life Looks Like for an Early Career Civil Rights Litigator
• (24:21) - The Importance of Mentorship
• (25:09) - Encouragement for Law Students
• (26:47) - Host Discussion