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UnCommon Law

UnCommon Law

Bloomberg Industry Group 73 Episodes Jul 1, 2026

UnCommon Law explores the intersection of legal issues, public policy, and storytelling. Host Matthew S. Schwartz examines high-profile legal stories, such as AI regulation, affirmative action in college admissions, and the power of federal agencies. The podcast also delves into lighter topics, like whether a haunted house can be sued for being too scary. It won the American Bar Association's Silver Gavel Award for Media and the Arts.

Episodes

SPECIAL: Justice Stephen Breyer on Trump, the Rule of Law, and Whether the Supreme Court is Political Jul 1, 2026 3497 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 three decades on the bench — and the perennial question of whether politics shapes when justices choose to retire — he explains how justices make decisio
How the DOJ Decides Who Gets Charged and Who Doesn't in America Jun 18, 2026 2077 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 decisions: typically career attorneys delve into the law and investigate the facts, evaluate the evidence needed to secure a conviction, and recommen
Justice Transformed: When DOJ Norms Disappear May 6, 2026 1603 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 written into law. He was describing a creed. For the better part of a century, attorneys general from both parties invoked Jackson's words as a kind of sha
Justice Transformed: Trailer Apr 13, 2026 156 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 tested. This season on UnCommon Law, we hear from former attorneys general, constitutional law scholars, and federal prosecutors who have watched fr
5. Did Schoolhouse Rock Lie to Us? Aug 20, 2025 2244 A generation of schoolchildren learned from Schoolhouse Rock that bills become laws through careful committee work, open debate, and thoughtful compromise. But as this episode of UnCommon Law makes clear, that tidy version of lawmaking no longer reflects reality. Instead, leaders often craft omnibus bills in back rooms and create deliberately vague laws that punt hard decisions to federal agencie
4. Chevron is Dead. Is the Administrative State Still Alive? Aug 13, 2025 1913 In this episode, we explore the aftermath of the Supreme Court’s decision to overturn the Chevron doctrine through the Loper Bright case, examining its impact on the regulatory landscape in America. In just the first six months after Loper Bright was decided, courts cited the case more than 400 times, leading to the invalidation of new agency rules 84% of the time. This has affected policies rang
3. Loper Bright: How a Little Boat Made Big Waves May 28, 2025 1954 Federal agencies expanding their power beyond congressional intent? Unelected bureaucrats making policy decisions? Regulatory whiplash?! According to the litigants urging the Supreme Court to strike down the Chevron doctrine in the Loper Bright case, those were the harms Americans would continue to face if Chevron deference were allowed to continue. But striking down the pivotal legal principle t
2. The Fishermen Who Took Down a Giant May 1, 2025 1509 Wayne Reichle – who’s been in the fishing business his whole life – had never heard of the Chevron doctrine. That's the two-step legal test that courts used for the past 40 years to decide whether a federal agency had the authority to make a regulation. "No idea," said Reichle, president of New Jersey-based Lund's Fisheries. "Myself, and many, many fellow fishermen had no idea what the Chevron do
1. Deadly Haze: How an Invisible Bubble of Pollution Changed the Way Government Regulates Everything Mar 5, 2025 1758 Congress often passes major legislation setting out broad principles, and then lets the federal agencies sort out the details. But what should an agency do if Congress’s instructions are ambiguous or silent? That was the question facing the Supreme Court 40 years ago, when the Reagan administration's Environmental Protection Agency adopted a business-friendly interpretation of key provisions of th
NEW SERIES TRAILER: The Rise and Fall of Agency Power Feb 24, 2025 167 This season on UnCommon Law, join us as we explore the rise and fall of agency power, and what that could mean for the future of regulation in America.
BONUS: How Quinn Emanuel Lawyers Save 50 Billable Hours With One Click Nov 21, 2024 1349 Generative AI has promised to reshape the practice of law ever since ChatGPT emerged. However, it's been unclear just how large law firms are using AI. Has it changed how practitioners do their jobs on a daily basis? Are we witnessing the emergence of a revolution in how lawyers do their work? Uncommon Law's Matthew Schwartz sits in as guest host on this episode of On the Merits. He talks with Joh
6. From Errors to Efficiency: Can AI Transform the Practice of Law? Oct 31, 2024 2246 In the season finale of UnCommon Law, we explore the power of AI to transform legal practice. Featuring insights from top law professors, a federal judge, and industry leaders like John Quinn, founder of Quinn Emanuel, we ask: Can AI’s promise of efficiency overcome its risks—and redefine the future of law? Guests: John Quinn, founder of Quinn Emanuel Urquhart & Sullivan, LLP Daniel Ho, professo

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