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The Law, such as it is

The Law, such as it is

Episode 1EP 1 - IntroJanuary 11, 2020 · 15 min
Episodes
23
Format
Series – listen from the start
Latest episode
May 22, 2026
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About the podcast

An exploration of a broken, if beautiful, institution, the law, and tradition, America. Season one told the story of a case, LESSIG v. NYT. Season two begins the story about a country, America, and values that country has betrayed.

Episodes 23

  1. Bonus episode: NotebookLM's summary of the case (Corrected)

    44 minSeason 3 · Episode 10

    In this episode, we share a podcast create by NotebookLM based on the transcripts from the 9 episodes of the podcast. It is a powerful summary of the case, which is a great introduction to the issues presented …

    Show notes

    In this episode, we share a podcast create by NotebookLM based on the transcripts from the 9 episodes of the podcast. It is a powerful summary of the case, which is a great introduction to the issues presented across the episodes.

  2. The Closing Argument

    1 h 52 minSeason 3 · Episode 9

    In this final episode, Lessig pulls together the argument from across the season. Why did this happen? What should happen next?

  3. Unpacking the final allegation — "Allegation 1"

    47 minSeason 3 · Episode 8

    Allegation 1 is the only allegation within the 6 year limit for fraud investigation. In this episode, we show why it too fails — and the astonishing failure in the investigation that could have shown precisely …

    Show notes

    Allegation 1 is the only allegation within the 6 year limit for fraud investigation. In this episode, we show why it too fails — and the astonishing failure in the investigation that could have shown precisely what had happened.

  4. Unpacking "Allegation 3"

    49 minSeason 3 · Episode 7

    In this episode, we review Allegation 3, and reveal the simple omission that undermined the investigation into this allegation.

  5. Dismantling "Allegation 4"

    59 minSeason 3 · Episode 6

    We continue in this episode by unpacking the charges behind allegation number 4, which involved a paper written 15 years ago.

  6. Allegation 2, continued

    9 minSeason 3 · Episode 5

    Clarifying one additional point about Allegation 2 in less than ten minutes.

  7. Dismantling "Allegation 2"

    59 minSeason 3 · Episode 4

    So far, this podcast has considered the procedural flaws that marred the process that led to Francesca Gino's tenure being revoked. With this episode, we begin dismantling the substantive conclusions as they …

    Show notes

    So far, this podcast has considered the procedural flaws that marred the process that led to Francesca Gino's tenure being revoked. With this episode, we begin dismantling the substantive conclusions as they relate to the four alleged cases of fraud. We begin with "Allegation 2."

  8. How you know when a process has too many lawyers

    1 h 18 minSeason 3 · Episode 3

    In this second of two episodes interviewing Francesca, we cover the period from HBS' determination that she had committed academic misconduct through the University's decision to revoke her tenure.

  9. How You Know a Business School is Not a Law School

    1 h 53 minSeason 3 · Episode 2

    In this first of two episodes interviewing Francesca, we cover a bit about the nature of her work, and then the period beginning from the charges being raised against her through the business school's …

    Show notes

    In this first of two episodes interviewing Francesca, we cover a bit about the nature of her work, and then the period beginning from the charges being raised against her through the business school's determination that she had committed academic misconduct.

  10. Introduction

    24 minSeason 3 · Episode 1

    Francesca Gino was a superstar at the Harvard Business School. This year, she was fired for academic misconduct. In this season, we'll explore that story through interviews with Francesca and others. This …

    Show notes

    Francesca Gino was a superstar at the Harvard Business School. This year, she was fired for academic misconduct. In this season, we'll explore that story through interviews with Francesca and others. This episode introduces the story and the plan of the season.

  11. Episode 8 - System Error

    1 h 16 minSeason 2 · Episode 8

    Lessig talks to Rob Reich, Jeremy M. Weinstein and Mehran Sahami about their new book, SYSTEM ERROR — which unpacks the effect of technology on culture and policy, and redirects how we might respond.

  12. Episode 7 - David Vine

    1 h 23 minSeason 2 · Episode 7

    American University Professor David Vine has developed a powerful critique of the war mentality that America takes for granted. We argue about whether we should be a "welfare state." Why don't we argue about …

    Show notes

    American University Professor David Vine has developed a powerful critique of the war mentality that America takes for granted. We argue about whether we should be a "welfare state." Why don't we argue about whether we should remain a "warfare state." In this episode, he discusses two of his books, The United States of War and Base Nation, and what lessons they teach us now.

  13. Episode 6 - Daniel Immerwahr

    1 h 1 minSeason 2 · Episode 6

    A discussion with Daniel Immerwahr about his book, How to Hide An Empire. The United States is not comprised solely of states. As well as states, our nation includes territories. This book tells the story of …

    Show notes

    A discussion with Daniel Immerwahr about his book, How to Hide An Empire. The United States is not comprised solely of states. As well as states, our nation includes territories. This book tells the story of the role and place of those territories in the history of the United States. #Empire America

  14. Episode 5 - Zephyr Teachout

    1 h 16 minSeason 2 · Episode 5

    A discussion with Zephyr Teachout about her book, Break 'Em Up. Zephyr is the most important thinker on the Democratic left. This conversation continues from the last about how markets have been transformed …

    Show notes

    A discussion with Zephyr Teachout about her book, Break 'Em Up. Zephyr is the most important thinker on the Democratic left. This conversation continues from the last about how markets have been transformed from engines of freedom to systems of control. #Competition

  15. Episode 4 - Barry Lynn

    1 h 11 minSeason 2 · Episode 4

    A discussion with Barry Lynn about his new book, Liberty from All Masters. There is a kind of competitive market that the American story presumes — competitive, every actor having limited power over us. This …

    Show notes

    A discussion with Barry Lynn about his new book, Liberty from All Masters. There is a kind of competitive market that the American story presumes — competitive, every actor having limited power over us. This book tells the story of the undoing of that market. #Competition

  16. Episode 3 - Stephen Kinzer

    1 h 25 minSeason 2 · Episode 3

    A discussion with Stephen Kinzer about his book, Overthrow. Overthrow tells the story of the many times the United States has intervened directly and militarily to change the course of government in other …

    Show notes

    A discussion with Stephen Kinzer about his book, Overthrow. Overthrow tells the story of the many times the United States has intervened directly and militarily to change the course of government in other nations. #Empire America

  17. Episode 2 - Edward Snowden

    1 h 48 minSeason 2 · Episode 2

    A discussion with Edward Snowden about his new book, Permanent Record. In 2013, Snowden revealed to the world the extent of the US government's mass surveillance program. This book tells the story of Snowden's …

    Show notes

    A discussion with Edward Snowden about his new book, Permanent Record. In 2013, Snowden revealed to the world the extent of the US government's mass surveillance program. This book tells the story of Snowden's life and the decision to sacrifice as he did to let us know this truth. #Privacy

  18. Episode 1 - Andrew Bacevich

    1 h 7 minSeason 2 · Episode 1

    A discussion with Andrew Bacevich about his new book, After the Apocolypse. Bacevich is America's most thoughtful conservative skeptic about the scope of America's military empire, and the urgent need to …

    Show notes

    A discussion with Andrew Bacevich about his new book, After the Apocolypse. Bacevich is America's most thoughtful conservative skeptic about the scope of America's military empire, and the urgent need to redirect our focus. #Empire America

  19. Season 2 Intro

    11 minSeason 2Trailer

    This is an introduction of this season and ideas that the season will explore. Anti-empire, privacy, and competition: these ideas, or as I will call them, values, represent the best of who we've been; they are …

    Show notes

    This is an introduction of this season and ideas that the season will explore. Anti-empire, privacy, and competition: these ideas, or as I will call them, values, represent the best of who we've been; they are also values we've betrayed. These conversations are part of the research for a possible new book. Explore the ideas with me, and with your feedback, help me think them through.

  20. EP 4 - Case Closed

    32 minSeason 1 · Episode 4

    In a surprising twist, the New York Times changed its headline and lede. In this episode, Lessig explains the decision to withdraw the case.

  21. EP 3 - Triggered

    19 minSeason 1 · Episode 3

    Why this matters to me, and why regardless of cost, it is not something I can let go. clickbaitdefamation.org

  22. EP 2 - The Facts

    38 minSeason 1 · Episode 2

    An account of what happened and just why the publication by the Times was false. clickbaitdefamation.org

  23. EP 1 - Intro

    15 minSeason 1 · Episode 1

    An introduction to the purpose and scope of the podcast, and into the basic facts of the case that has inspired it, Lessig v. NYT. clickbaitdefamation.org

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