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Neurolaw
Some lawyers are using brain scans showing defects to argue that their clients aren't responsible for criminal behavior. In recent years, this neuroscientific evidence has been increasingly used in our courtrooms. But some scientists argue that the imaging is still new and unreliable, while others question whether juries should be ruling on what counts as a "defective" brain. As neurolaw grows in influence, it could potentially revolutionize our notions of guilt and punishment as criminals ... Listen | Listen in your iPhone | Download | View full cache | Visit Website The Right to a Jury TrialThe right to a trial by a jury is guaranteed to criminal defendants by the Sixth Amendment. The Seventh Amendment extends the right to a jury trial to federal civil cases such as car accidents, contract disputes between corporations, and most discrimination or employment disputes. But there are many questions about how the system works. Who shows up to serve? Is there racial or other bias in the selection process or in jury deliberations? Join us for this edition of Justice Talking as we ... Listen | Listen in your iPhone | Download | View full cache | Visit Website The Rights of the Mentally IllState laws permit the involuntary commitment of people suffering from mental illness if they are a danger to themselves or others. But how do these commitment laws work in practice? Do laws aimed at protecting patients' rights prevent people from getting the help they need? Are they violating patients' civil liberties? The law and the mentally ill on Justice Talking. KEYWORDS: mental illness; mentally ill; State laws permit the involuntary commitment of those suffering mental illness if the ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Bail Bondsmen, Bounty Hunters and Private PrisonsAmerica's free enterprise system is at work in many aspects of the criminal justice system. Profit-making bail bondsmen who help defendants post the money needed for their freedom pending trial are common in the U.S. but virtually unheard of across the rest of the world. Bounty hunters lured by big payouts find criminals who have previously eluded the police. And private companies are building and operating prisons and detention facilities. Tune in to this edition of Justice Talking wher ... Listen | Listen in your iPhone | Download | View full cache | Visit Website The Law and Infectious DiseaseThe way in which governments and intergovernmental organizations like the World Health Organization and the United Nations respond to the potential spread of infectious disease is being debated across the globe. Public health measures intended to prevent the spread of epidemics from HIV/Aids to Avian Flu, MRSA to Tuberculosis raise many legal questions about privacy and civil liberties. Tune in to this edition of Justice Talking as we explore how health officials manage the spread of in ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Regulation of the Entertainment IndustryThe movie rating industry has initiated some reforms following charges by filmmakers that the system is arbitrary and unfair. But skeptics on both sides of the issue say troubling content in movies, television and music is not being handled appropriately. While some parent organizations say it's time for more regulation, filmmakers and others say the threat of censorship is all too real. On this edition of Justice Talking, join us for a look at regulating the entertainment industry. KEYWOR ... Listen | Listen in your iPhone | Download | View full cache | Visit Website College AdmissionsThe college admissions process has changed significantly in recent years, particularly for students seeking to get into the nation's most elite universities. Should these schools' admissions policies favor athletes and children of alumni? Should low-income and minority students be a priority? Or should top schools only enroll the smartest and most academically accomplished? We also talk about the obstacles and misconceptions facing students who attend community college. Tune in to this edit ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Pornography and the First AmendmentThe U.S. Supreme Court has struggled over the years to define where the First Amendment ends and obscenity begins. The pressure to answer that question is intensifying as pornography moves onto the Internet and as public concerns increase about child pornography. Several moves to regulate porn are testing the limits of the First Amendment. But the porn industry has some civil rights groups in its corner, arguing that there is a real risk the government will go too far. Join us on this editi ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Is There a Right to Health Care?With health care at the top of the domestic policy agenda and the presidential candidates stumping on the issue all across the nation, Justice Talking takes a look at how health care is being handled, from Massachusetts to California. Why has a program that was meant to provide medical care to people in Third-World countries found an increasing need to set up emergency clinics in the United States? We'll also ask whether health care should be seen as a right in this country. KEYWORDS: healt ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Election LawsIn every election year, questions arise about the fairness of the voting process. This edition of Justice Talking will take a detailed look at some of the key issues: from the debate over requiring ID to cast a ballot to the controversy over electronic voting machines. Do these measures improve our election process or just make it more difficult for voters on Election Day? Election reform, this week on Justice Talking. KEYWORDS: elections, electoral votes, voting, voting machines, electroni ... Listen | Listen in your iPhone | Download | View full cache | Visit Website The Tension Between Security and Liberty in the War on TerrorMore than a dozen states are at loggerheads with the federal government over the warrantless wiretapping program. Strong divisions are formed over the question of offering immunity to the telecommunications industry for its role in the surveillance program. The nation is also immersed in a debate over the definition and use of torture. This edition of Justice Talking explores the struggle to maintain security while preserving liberties. KEYWORDS: FISA; wiretapping; first amendment; fourth a ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Marijuana LawsSeveral years ago Chicago Mayor Richard Daley made headlines as he pushed to ease the penalties for use of small amounts of marijuana. He advocated fining offenders $250 to $1,000 rather than imposing jail terms. Although it remains a federal crime to use the drug, several states have decriminalized possession in small amounts and more and more states are passing laws legalizing its use for medical purposes. Join us for this edition of Justice Talking as we discuss marijuana laws in the Uni ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Innovations in PolicingAs murder rates increase in a number of large cities, police are implementing a host of new measures aimed at reducing crime: cameras in high-crime areas, automatic scanners that run ID checks on every automobile that passes by a police cruiser, stop-and-frisk policies and door-to-door "consent" searches for weapons. This edition of Justice Talking will ask whether the new technologies and methods are effective and fair. Do they unfairly discriminate against poor African-American families? ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Are Current Water Policies Leaving Us High and Dry?An unprecedented drought throughout the nation's Southeast has forced some of the region's largest cities to declare water emergencies. Western states have been dealing with similar water shortages for a much longer time. But what can policy-makers do when increasing populations, development and global warming place undue strains on an area's water supply, especially when current law is antiquated, complicated and varies from state to state? Tune in to this week's Justice Talking for a look ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Employment Discrimination Post-LedbetterLast term, in , the U.S. Supreme Court decided that women who sue for pay discrimination must file a claim against their employers within 180 days of the first time the pay disparity occurs, even if the discriminatory treatment continues for years thereafter. Employment rights advocates fear that this procedural hurdle may make it nearly impossible for victims of discrimination to seek redress. Join us for this edition of Justice Talking as we look at sex discrimination in the workplace. We ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Immigration and PolicyThe issue of immigration has been a flashpoint in the Presidential debates. Border fences, identification for illegal immigrants, and other reforms have all been debated. And Mitt Romney has been in the hot seat because some say he didn't act fast enough when he found out illegal persons were cutting his grass. All of these issues raise important questions about U.S. immigration policies, particularly the current crack-down on hiring illegal workers. What happens to workers caught working w ... Listen | Listen in your iPhone | Download | View full cache | Visit Website The FCC's New Rules for Media OwnershipIn mid-December, the Federal Communications Commission approved new rules that affect ownership of the nation's media companies. One rule change gave newspaper owners more leeway to buy radio and television stations in their markets. On this edition of Justice Talking, we'll explore the effect of this new rule and ask whom it will benefit, if it's fair and if it will survive a challenge in the courts. We'll also look at other ways in which FCC rules affect everything from what we see and he ... Listen | Listen in your iPhone | Download | View full cache | Visit Website NeurolawSome lawyers are using brain scans showing defects to argue that their clients aren't responsible for criminal behavior. In recent years, this neuroscientific evidence has been increasingly used in our courtrooms. But some scientists argue that the imaging is still new and unreliable, while others question whether juries should be ruling on what counts as a "defective" brain. As neurolaw grows in influence, it could potentially revolutionize our notions of guilt and punishment as criminals ... Listen | Listen in your iPhone | Download | View full cache | Visit Website The Rights of the Mentally IllState laws permit the involuntary commitment of people suffering from mental illness if they are a danger to themselves or others. But how do these commitment laws work in practice? Do laws aimed at protecting patients' rights prevent people from getting the help they need? Are they violating their civil liberties? The law and the mentally ill, this week on Justice Talking. KEYWORDS: mental illness; mentally ill; State laws permit the involuntary commitment of those suffering mental illness ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Abstinence-Only EducationFederal and state funding programs provide local groups with millions of dollars for "abstinence-only-until-marriage" education programs that are hailed by some as the best way to keep teenagers from having sex and to stop teen pregnancy. But increasingly, state administrators are balking at accepting these dollars, concerned that this is a one-sided approach to sexuality education that fails to give teens medically appropriate information about birth control, prevention of STDs and the opt ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Juvenile JusticeIn 1967, 15-year-old Gerald Gault was sentenced to six years in prison for making a lewd phone call, without written notice of the charges, witnesses, or an attorney. In its landmark decision, the U.S. Supreme Court ruled that juveniles accused of crimes have the right to due process protections under the 14th Amendment, including the right to an attorney. But today in some parts of the country a disturbing number of juveniles waive their right to an attorney, leading some to argue that the ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Pornography and the First AmendmentThe U.S. Supreme Court has struggled over the years to define where the First Amendment ends and obscenity begins. The pressure to answer that question is intensifying as pornography moves onto the Internet and as public concerns increase about child pornography. Several moves to regulate porn are testing the limits of the First Amendment. But the porn industry has some civil rights groups in its corner, arguing that there is a real risk the government will go too far. Join us on this editi ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Race and the Justice SystemSeveral high-profile court cases around the country are raising racial tensions. Some human rights organizations say the example of the Jena 6, the story of Martin Lee Anderson and other cases show how a range of policies are working together to unfairly channel black men and boys into the criminal justice system at younger ages and for minor offenses. But some say there's a lot of gray in between the black and white of race and justice in America. Join us for this edition of Justice Talkin ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Political Speech in the Race for PresidentThe presidential election is less than a year away and a Supreme Court ruling could change the kinds of advertisements we see and hear in the days running up to an election. Also, some are questioning whether reporters need a law to protect them from being forced to reveal their sources. On this edition of Justice Talking: how the First Amendment affects political campaigns, blogs, corporations and journalists. Parts of this program were taped in front of an audience at the annual conventio ... Listen | Listen in your iPhone | Download | View full cache | Visit Website The Cuban EmbargoWith 81-year-old Fidel Castro temporarily turning over power to his brother Ra?l, many countries around the world are reevaluating their policies toward Cuba. The United Nations General Assembly voted for the 16th year in a row to end the embargo, but President Bush is not budging. Would engagement reward what President Bush has called a "cruel dictatorship" without any tangible proof that changes are likely to occur? Or is now is the time to lift the trade embargo and throw a lifeline to t ... Listen | Listen in your iPhone | Download | View full cache | Visit Website College AdmissionsThe college admissions process has changed significantly in recent years, particularly for students seeking to get into the nation's most elite universities. Should these schools' admissions policies favor athletes and children of alumni? Should low-income and minority students be a priority? Or should top schools only enroll the smartest and most academically accomplished? We also talk about the obstacles and misconceptions facing students who attend community college. Tune in to this edit ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Fixing the Mortgage MessMany Americans' dream of homeownership has been lost as the subprime mortgage crisis has forced them to face foreclosure. Others ready to buy or refinance a home are finding fewer financing options as lenders are shutting their doors or laying off thousands of employees. Tune in to this edition of Justice Talking as we look at the current mortgage mess and ask how business and government should respond. KEYWORDS: mortgage; sub-prime; citi-bank; merril; foreclosure; bankruptcy; housing bubbl ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Drinking and DrivingAt the urging of victims' rights groups, state legislatures have enacted laws that impose new consequences for those convicted of drunk driving, from increased jail time to special markers on license plates or publication of convictions on the Web. Other states are considering laws that would require all first-time offenders to install breathalyzers in their cars. Tune in to this edition of Justice Talking as we look at drunk-driving laws. Do these measures reduce accidents and save lives o ... Listen | Listen in your iPhone | Download | View full cache | Visit Website The Women's Equality Amendment"Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." This simple addition to the Constitution -- then known as the Equal Rights Amendment -- was never adopted despite passage by Congress in 1971 and ratification by 35 state legislatures--three short of the 38 necessary for its adoption. Each term since the ERA's defeat, members of Congress have reintroduced the measure, this year renamed the Women's Equality Amendment. Tu ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Employment DiscriminationThis past spring, in , the U.S. Supreme Court decided that women who sue for pay discrimination must file a claim against their employers within 180 days of the first time the pay disparity occurs, even if the discriminatory treatment continues for years thereafter. Employment rights advocates fear that this procedural hurdle may make it nearly impossible for victims of discrimination to seek redress. Join us for this edition of Justice Talking as we look at sex discrimination in the workpl ... Listen | Listen in your iPhone | Download | View full cache | Visit Website On the DocketThe Supreme Court opened its doors for new cases on October 1st. The Justices will tackle voter identification, lethal injection, sentencing laws and age discrimination. And the debate over the rights of detainees at Guantanamo Bay returns to the high court. Join us for this edition of Justice Talking as we take a look at the coming term--the cases on the docket, the climate in the courtroom, and what it will all mean for you. KEYWORDS: U.S. Supreme Court; SCOTUS; docket;Listen | Listen in your iPhone | Download | View full cache | Visit Website The Future of the Postal ServiceIn business since 1775 by decree of the Second Continental Congress, the U.S. Postal Service is one of the most trusted branches of the federal government. It delivers more than 700 million pieces of mail each day and delivers to almost two million new addresses each year. But first class mail is down and email is up. Will the postal service be able to sustain its mission of universal service in the 21st century? On this edition of Justice Talking we take a look at the future of the postal ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Marijuana LawsSeveral years ago Chicago Mayor Richard Daley made headlines as he pushed to ease the penalties for use of small amounts of marijuana. He advocated fining offenders $250 to $1,000 rather than imposing jail terms. Although it remains a federal crime to use the drug, several states have decriminalized possession in small amounts and more and more states are passing laws legalizing its use for medical purposes. Join us for this edition of Justice Talking as we discuss marijuana laws in the Uni ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Do Our Fighting Men and Women Have a Right to Free Speech?When a solider joins the armed forces, he or she agrees to abide by military law -- these rules and regulations are meant to ensure good order and discipline in the military. But what about when it comes to free speech? By putting on a uniform, does a soldier surrender his or her First Amendment rights? Today more and more soldiers are posting their thoughts and feelings in online diaries or blogs, but military officials are beginning to worry that sensitive information could make its way o ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Revisiting New OrleansTwo years after the largest natural disaster in U.S. history, New Orleans has been forced to redevelop neighborhoods, schools and most of its urban infrastructure. But what has happened to the city's criminal justice system? Join us on this edition of Justice Talking for a detailed look at how Hurricane Katrina has affected police practices, the state and federal court systems, jails and alternative sentencing plans, and what the changes mean for citizens of and visitors to this famous city ... Listen | Listen in your iPhone | Download | View full cache | Visit Website The Death PenaltyFirst used in Texas in 1982, lethal injection is the method of execution now authorized in 37 of the 38 states that have the death penalty. But the recent botched execution of Angel Nieves Diaz in Florida raises new questions of whether the method violates the Eighth Amendment's prohibition against cruel and unusual punishment. Join us on this edition of Justice Talking as we take a new look at capital punishment and ask age-old questions about whether the death penalty is appropriate retri ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Have Health Officials Become the Diet Police?Health officials recently voted to make the Big Apple the nation's first city to ban artery-clogging trans fats at restaurants and many other cities are considering similar measures. At the same time, officials are banning soda and snack machines in schools and forcing restaurants to list the calorie content of each item on their menus. Tune in to this edition of Justice Talking as we discuss whether these measures are effective ways to overcome the epidemic of obesity or proof that Big Bro ... Listen | Listen in your iPhone | Download | View full cache | Visit Website School ViolenceIn 2006, the shooting at Virginia Tech put the spotlight on violence at colleges and universities, and a shooting in an Amish community near Lancaster, Pa., pointed out that school violence can occur anywhere in the nation, from inner city high schools to suburban or rural elementary schools. But will lockdowns, random searches and metal detectors make students safer? And do programs to reduce bullying really work? Join us on this edition of Justice Talking as we take a look at the ways pol ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Rights of the Mentally IllState laws permit the involuntary commitment of people suffering mental illness if they are a danger to themselves or others. But how do these commitment laws work in practice? Do laws aimed at protecting patients' rights prevent those people from getting the help they need? Are they violating their civil liberties? The law and the mentally ill, this week on Justice Talking. KEYWORDS: mental illness; mentally ill; State laws permit the involuntary commitment of those suffering mental illnes ... Listen | Listen in your iPhone | Download | View full cache | Visit Website The Cuban EmbargoWith 80-year-old Fidel Castro temporarily turning over power to his brother Raul, many countries around the world--including the U.S.--are reevaluating their policies toward Cuba. Is now the time to lift the trade embargo and throw a lifeline to the people of Cuba who are suffering economically? Or will engagement reward what President Bush has called a "cruel dictatorship" without any tangible proof that changes are likely to occur? Join us on this edition of Justice Talking as we take a ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Can We End Homelessness in 10 Years?President Bush has made a commitment to end chronic homelessness in 10 years. Many cities around the country have also taken on this goal. But is it really possible? And what's the best way to do it? This week on Justice Talking, we'll look at who the homeless are in America. We'll talk about the effects of homelessness on children, the challenges of providing health care to the homeless and the merits of a program called Housing First, which puts chronically homeless people into apartments ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Food SafetyRecent headlines over tainted California spinach and e-coli contamination at Taco Bell restaurants have raised many questions about the safety of America's food supply. With an alphabet soup of federal, state and local agencies regulating food safety from the farm to the table, most Americans presume that their food isn't dangerous. Join us on this edition of Justice Talking as we ask what must be done to keep the food supply safe. KEYWORDS: genetically modified foods; gm; contamination; t ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Highlights of the Supreme Court TermIn its first full term, the Roberts Court issued a number of blockbuster decisions on race and public schools, free speech, and abortion. In this special edition of Justice Talking, taped before a studio audience at the National Constitution Center, Supreme Court reporter for ABC News Jan Crawford Greenburg, Notre Dame's Richard Garnett and University of Chicago's Geoffrey Stone analyze the significant decisions of this term and tell us how the addition of two conservative Justices has affe ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Abstinence-Only EducationFederal and state funding programs provide local groups with millions of dollars for "abstinence-only-until-marriage" education programs that are hailed by some as the best way to keep teenagers from having sex and to stop teen pregnancy. But increasingly, state administrators are balking at accepting these dollars, concerned that this is a one-sided approach to sexuality education that fails to give teens medically appropriate information about birth control, prevention of STDs and the opt ... Listen | Listen in your iPhone | Download | View full cache | Visit Website The HPV VaccineNearly half of the states are now considering laws that would require girls entering sixth grade to be vaccinated against the cervical cancer-causing human papillomavirus (HPV). The move raises important questions about the best way to encourage the use of a vaccine that has the potential of reducing cervical cancer. Will immunizing girls lead to more premarital sex as some parents and conservative groups fear? Should the vaccine's manufacturer who has a financial stake in widespread use of ... Listen | Listen in your iPhone | Download | View full cache | Visit Website International AdoptionsMadonna's adoption of a child from Malawi and the controversy it generated grabbed headlines. But what about the average person? For them it's becoming more difficult to adopt children from China, Russia and Guatemala. By 2008, the U.S. will join the Hague Convention on Intercountry Adoption, an international treaty that will govern the adoption process across national boundaries. Join us on this edition of Justice Talking as we look at international adoptions: how this new treaty will affe ... Listen | Listen in your iPhone | Download | View full cache | Visit Website The Right to Bear ArmsA recent federal appeals court ruling that invalidated a Washington, D.C. ban on gun ownership raises important issues over the meaning of the Second Amendment. Throughout history, legal theorists have split on whether the Second Amendment protects the rights of individuals to own guns or only the right to establish armed militias. But now some liberals are unexpectedly supporting the view that individuals have a constitutional right to own and use guns, and that gun control laws may be unc ... Listen | Listen in your iPhone | Download | View full cache | Visit Website The Women's Equality Amendment"Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." This simple addition to the Constitution then known as the Equal Rights Amendment was never adopted despite passage by Congress in 1971 and ratification by 35 state legislatures--three short of the 38 necessary for its adoption. Each term since the ERA's defeat, members of Congress have reintroduced the measure, this year renamed the Women's Equality Amendment. Tune in ... Listen | Listen in your iPhone | Download | View full cache | Visit Website Is Crystal Meth the New Crack?Crystal methamphetamine has been getting a lot of media and political attention in the last few years. In March 2006 President Bush signed the Combat Meth Act, which requires cold medicines containing pseudoephedrine be put behind the pharmacy counter because they can be turned into meth. States are using creative tools like building meth prisons. Others are waging shock-and-awe prevention campaigns. But is meth a national epidemic or a regional problem? Join us on this edition of Justice T ... 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