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Artwork for UnCommon Law
Artificial Intelligence
Chevron Doctrine
Copyright Law
Fair Use Doctrine
Justice Department
Generative AI
Transformative Use
New York Times V. Openai
AI Art
Loper Bright
Haunted Houses
Google Books Project
Copyright
Congress
Donald Trump
Legal Research
Quinn Emanuel Urquhart & Sullivan
Environmental Protection Agency
Negligence
Torts

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?... more

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Artwork for UnCommon Law

Latest Episodes

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 thr... more

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 ... more

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 writt... more

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... more

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Recent Guests

Stephen Breyer
Former Supreme Court Justice
U.S. Supreme Court
Episode: SPECIAL: Justice Stephen Breyer on Trump, the Rule of Law, and Whether the Supreme Court is Political
Bennett Gershman
Professor of Law, Pace University
Pace University
Episode: How the DOJ Decides Who Gets Charged and Who Doesn't in America
Stanley Brand
Distinguished fellow in law and government
Penn State Dickinson Law
Episode: How the DOJ Decides Who Gets Charged and Who Doesn't in America
Lindsay Halligan
Attorney previously appointed as interim US Attorney
U.S. Department of Justice (former interim US Attorney)
Episode: How the DOJ Decides Who Gets Charged and Who Doesn't in America
Stuart Gerson
Former federal prosecutor, longtime DOJ official, critic/interpreter of DOJ independence
Former Assistant Attorney General; former Bush and Clinton-era DOJ official
Episode: Justice Transformed: When DOJ Norms Disappear
Jed Shugerman
Professor at Boston University School of Law, historian of the Justice Department
Boston University School of Law
Episode: Justice Transformed: When DOJ Norms Disappear
Eric Schmitt
Republican Senator from Missouri
United States Senate
Episode: 5. Did Schoolhouse Rock Lie to Us?
Heidi Heitkamp
Former Democratic Senator from North Dakota
Bipartisan Policy Center
Episode: 5. Did Schoolhouse Rock Lie to Us?
Helgi Walker
Partner at Gibson Dunn and Crutcher, co-chair of their administrative law and regulatory practice group
Gibson Dunn and Crutcher
Episode: 4. Chevron is Dead. Is the Administrative State Still Alive?

Host

Matthew Schwartz
Host of UnCommon Law

Reviews

4.8 out of 5 stars from 225 ratings
  • 10/10 deep coverage of the top legal issues of the times. Informative, engaging, and always with listening to.

    Podcast Addict
    5
    Shirl.zz
    2 months ago
  • Love it

    More shows more often please!

    Apple Podcasts
    5
    netlcm28
    United Statesa year ago
  • Very Informative

    Matt covers timely topics in an entertaining way.

    Apple Podcasts
    5
    GallopingGrizzly
    United Statesa year ago
  • Legal analysis brought to life for lawyers and non-lawyers

    Covering current issues in the law that are not covered similarly in other law focused podcasts, this show makes the subject matter easy to understand and extracts the marrow of the issues. Very well put together not only with respect to analysis and exposure to experts in the field, but also in terms of production and pacing. Lawyers will appreciate the methodical approach and non lawyers will have a window into how questions are decided and are evolving. Recommended.

    Apple Podcasts
    5
    CenturyTimeline
    United States2 years ago
  • Unbiased, balanced, and insightful

    This podcast provides one of the best unbiased, balanced, and insightful discussions of legal issues that I’ve seen. The host, Matt Schwartz, gets behind the rhetoric and distills what could be boring legal issues into interesting compelling, easy-to-understand stories. Could not recommend more highly.

    Apple Podcasts
    5
    russellbesq
    United States3 years ago

Listeners Say

Key themes from listener reviews, highlighting what works and what could be improved about the show.

Thorough, balanced discussions with strong production and pacing
Smart guests and grounded, investigative storytelling
High-quality legal analysis that's accessible to non-lawyers
Engaging host who distills complex issues without rhetoric

Chart Rankings

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Apple Podcasts
#217
India/Society & Culture

Talking Points

Recent interactions between the hosts and their guests.

How the DOJ Decides Who Gets Charged and Who Doesn't in America
Q: How is Trump's second administration different in terms of prosecutorial decision-making?
The host and guest discuss how leadership changes and political pressure appeared to push prosecutors toward more aggressive or selective charging decisions, especially in high-profile cases, while also noting instances of pushback and resignations aimed at preserving prosecutorial independence.
4. Chevron is Dead. Is the Administrative State Still Alive?
Q: Is net neutrality really dead?
Yes, Loper Bright has effectively ended net neutrality at the FCC, but Congress still has the power to legislate in this area.
4. Chevron is Dead. Is the Administrative State Still Alive?
Q: So why was there so much flip flopping? How did Loper Bright change everything?
Loper Bright has fundamentally changed how federal courts interpret regulations, now allowing them to reject agency interpretations without deference.
BONUS: How Quinn Emanuel Lawyers Save 50 Billable Hours With One Click
Q: How do you consider the use of AI versus the need to continue to bill your time?
Quinn mentioned that the time spent on work isn't altered by the introduction of AI; they bill hours the same way regardless of AI efficiency.
BONUS: How Quinn Emanuel Lawyers Save 50 Billable Hours With One Click
Q: What are the ultimate goals and potential future applications of generative AI in legal practice?
John Quinn believes that while AI tools are useful now, there is still much progress to be made in their development and effectiveness before they can fully revolutionize legal work.

Audience Metrics

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Frequently Asked Questions About UnCommon Law

What is UnCommon Law about and what kind of topics does it cover?

A rigorously reported legal affairs show that traces how law, policy, and public institutions shape everyday life. Across episodes, listeners get deep dives into prosecutorial discretion, DOJ norms, regulatory choices, and the mechanics of how laws are interpreted and enforced. The conversations mix historians, former officials, and current practitioners to unpack complex issues in an accessible, narrative-driven way. A standout quality is the blend of historical context with contemporary relevance, often featuring high-profile guests and in-depth analysis that appeals to both legal professionals and informed general readers. Potential listeners will find it valuable if they want clear explanations of how legal and regulatory decisions are ... more

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Which podcasts are similar to UnCommon Law?

These podcasts share a similar audience with UnCommon Law:

1. Bloomberg Law
2. Up First from NPR
3. Radio Atlantic
4. 1A
5. Interesting Times with Ross Douthat

How many episodes of UnCommon Law are there?

UnCommon Law launched 7 years ago and published 75 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.

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What guests have appeared on UnCommon Law?

Recent guests on UnCommon Law include:

1. Stephen Breyer
2. Bennett Gershman
3. Stanley Brand
4. Lindsay Halligan
5. Stuart Gerson
6. Jed Shugerman
7. Eric Schmitt
8. Heidi Heitkamp

To view more recent guests and their details, simply upgrade your Rephonic account. You'll also get access to a typical guest profile to help you decide if the show is worth pitching.

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