Vistopia
Cover of Justice and Reality: Think Like a Lawyer
Justice and Reality: Think Like a Lawyer
Law is not the same as justice; it is a system of rules
Completed · 174 episodes
Buy for ¥198.00
Audio in Chinese
Leung Man-tao: A Legal Professional’s Perspective Sisy Chen: Zhan Qingyun Is a Fine Lawyer Who Loves Eileen Chang Bowie Tsang: I’m Proud to Have Accompanied Zhan Qingyun to the Championship Qiu Chen: Zhan Qingyun Is a Famous ‘Millionaire of Knowledge’ 0. Is Law Black and White? 1. What Is Law? 2. What Is Punishment For? | Why Prosecutors Bring Criminal Cases I 3. What Is Punishment For? | Public Interest, Not the Pleasure of Revenge II Bonus | The Zhang Yingying Case: These Men Deserve Punishment, but Democracy and Law Must Not Die with Them 4. Why Obey the Law? | Social Contract as an Ideal Experiment I 5. Why Obey the Law? | The Anarchist Answer II Bonus | The Body Buried Under the Schoolyard: Is Delayed Justice Still Justice? 6. The Fragility of Rule of Law | Believing Legal Authority Like Santa Claus I 7. The Fragility of Rule of Law | Authority Must Be Carefully Maintained II 8. Abuse of Rule of Law | Law, Capital, and the Last Remedy for the Vulnerable 9. Why Are Lawyers So Expensive? 10. Class Actions: A Legal Business or a Tool of Oversight? 11. How Do You Draft a Complaint? | Filing Suit 12. Which Court Has Jurisdiction? | Filing Suit Bonus | Why Was Zhang Yingying’s Killer Not Sentenced to Death? 13. Summary Judgment | Discovery Bonus | If the Zhang Koukou Case Happened in America, Would He Receive the Death Penalty? 14. Trial Procedure: An Overview 15. South China Sea Arbitration I: Why Arbitration? 16. South China Sea Arbitration II: Jurisdiction Under UNCLOS 17. South China Sea Arbitration III: China’s Claims and the Nine-Dash Line 18. Nuremberg I: Punish the Petty Thief, Crown the Thief of Nations? 19. Nuremberg II: Crimes Against Humanity Clearly Defined 20. Nuremberg III: Universal Jurisdiction vs. National Sovereignty 21. Jurisdiction over Same-Sex Marriage and Surrogacy I: Courts or Legislatures? 22. Same-Sex Marriage and Surrogacy II: The Legalization of Commercial Surrogacy 23. Cannibalism at Sea and the Speluncean Explorers I: Jurisdiction Beyond Civilization 24. The Speluncean Explorers II: Five Judges Speak 25. The Speluncean Explorers III: What Is Punishment For? 26. Crime and Punishment in Literature: Should Justice Sometimes Remove Her Blindfold? 27. American Factory and U.S. Unions I: Oppose Unions Like Monopolies? 28. American Factory and U.S. Unions II: Capital, Unions, and Labor Rights Bonus | Is American Factory a Blessing or Exploitation? | Debate Bonus | The Ideas and Plan Behind This Program 29. New York Times v. Sullivan I: Who Has Jurisdiction? 30. New York Times v. Sullivan II: Lawyers Battle over Jurisdiction 31. Marbury v. Madison I: Origins of the Separation of Powers 32. Marbury v. Madison II: Party Conflict Creates Judicial Review 33. Standing I: Can Consumers Sue Apple for Monopoly? 34. Standing II: Can Taxpayers or Citizens Bring Suit? 35. Standing III: A Shifting Doctrine and a Thought-Provoking Salamander 36. Age of Criminal Responsibility I: Should Juveniles Receive Special Treatment? 37. Age of Responsibility II: Japan’s Kobe Child Murders 38. Age of Responsibility III: Can ‘Malice’ Overcome the Age Limit? 39. Age of Responsibility IV: Juvenile Courts and Supervision 40. Age of Responsibility V: Is Eighteen the Death-Penalty Boundary? 41. Age of Responsibility VI: Society, Family, and Rethinking Punishment 42. Immunity I: Who Has Privileges Above the Law? 43. Immunity II: Judges, Legislators, Deputies, and Public Officials 44. Immunity III: Presidential Immunity—Was Trump’s Action Legal? 45. Immunity IV: Checking Presidential Immunity Through Impeachment 46. Limitation Periods I: Why Do They Exist—to Protect Defendants? 47. Limitation Periods II: The Killer in Memories of Murder Is Found, but Justice Cannot Appear 48. Limitation Periods III: Farm Land for Fifteen Years and It Becomes Yours? 49. Limitation Periods IV: Can a Stolen Family Vase Be Recovered After Five Years? 50. Land I: The Notorious Johnson v. M’Intosh 51. Land II: Tracing the Roots of U.S. Government Power 52. Land III: The Truth About Law in Cherokee Nation v. Georgia 53. Domestic Violence I: Manipulation, Physical Violence, and Protection Orders 54. Domestic Violence II: Retaliatory and Preventive Self-Defense 55. Domestic Violence III: Intimacy and Battered Woman Syndrome 56. Domestic Violence IV: How Can a Desperate Woman Save Herself? 57. Domestic Violence V: Rules and Exceptions 58. Domestic Violence VI: Manipulation, Verbal Abuse, and Psychological Violence 59. Domestic Violence VII: Can Fatal Psychological Abuse Be Manslaughter? 60. Domestic Violence VIII: Sentencing Psychological Abuse Bonus | New Year Wishes from Zhan Qingyun Bonus | Zhan Qingyun’s New Year Wish 61. Trial and Litigation I: Systems Shape Culture 62. Trial and Litigation II: Inquisitorial and Adversarial Systems Bonus | Legalizing Same-Sex Marriage I: Legislature or Courts? Bonus | Same-Sex Marriage II: Because the Bible Opposes Homosexuality? Bonus | Same-Sex Marriage III: Isn’t Separation of Powers Meant to Limit Majority Tyranny? 63. Freedom of Speech I: Where Are Its Boundaries? 64. Freedom of Speech II: New York Times and Laws Against Incitement 65. Freedom of Speech III: We Need a Free Marketplace of Ideas 66. Freedom of Speech IV: Dissent and Error Should Not Prevent Expression 67. Freedom of Speech V: Learn from History and Guard Against Reversal Bonus | The Sun Yang Case I: Translation and Arbitrator Selection Bonus | The Sun Yang Case II: If I Were His Lawyer, What Could I Do? Bonus | The Sun Yang Case III: Don’t Gamble an Athlete’s Career This Way Bonus | The Sun Yang Case IV: A Defense Based on the Rules Bonus | The Sun Yang Case V: Gaps and Ambiguities in Doping-Control Rules 68. Evidence I: A Trial Without Surprises? | Discovery 69. Evidence II: Judges as Gatekeepers—What Need Not Be Disclosed? 70. The O. J. Simpson Case I: Procedural vs. Substantive Justice 71. The O. J. Simpson Case II: The Fruit of the Poisonous Tree 72. The O. J. Simpson Case III: What Evidence Is Admissible? 73. The O. J. Simpson Case IV: How Do You Challenge a Witness? 74. The O. J. Simpson Case V: Hearsay Rules and Exceptions 75. Miranda Warning: You Have the Right to Remain Silent... 76. Evidence Rules and Balancing Rights: A Law That Constantly Corrects Itself Bonus | Luckin Coffee and Suspected Fraud I: The Coming Class Action Bonus | Luckin Coffee II: Anti-Fraud Rules in Securities Law Bonus | Could the United States Sue China over COVID-19? Bonus | The Bao Sexual-Assault Case I: Strict Liability in Criminal and Civil Law Bonus | The Bao Case II: Should the Age of Consent Be Raised? Bonus | The Bao Case III: Does a Woman’s No Mean Yes? Bonus | The Bao Case IV: Whatever the Outcome, Don’t Forget Li Xingxing Bonus | Dangdang’s Company-Seal Dispute: What Does Corporate Law Say? Bonus | Pandemic I: Boundaries of Power and Freedom in a Public-Health Emergency Bonus | Pandemic II: Equality, Abortion, and Religious Freedom Under Quarantine 77. Harvard Asian-Admissions Case I: Must Asian Applicants Score Higher? 78. Harvard Asian-Admissions Case II: Is China’s College-Entrance Exam Fair? 79. Harvard Asian-Admissions Case III: Can Student Privacy Be Disclosed as Evidence? 80. Harvard Asian-Admissions Case IV: How Can ‘Invisible Discrimination’ Be Proved? Bonus | Trade and Legal History I: The Boston Tea Party Bonus | Trade and Legal History II: Origins of Limited-Liability and Joint-Stock Companies Bonus | Zhan Qingyun’s Birthday: She’s Leaving Her ‘Estate’ to Vistopia’s Editors! Bonus | Stanley Ho’s Four Marriages I: A Living Fossil of Qing Law Bonus | Stanley Ho’s Four Marriages II: How Do You Make a Valid Will? Bonus | Why Is Returning the Old Summer Palace Zodiac Heads So Difficult? | Cultural Property Law 81. Grounds for Judgment I: How Are Statutes Interpreted? 82. Grounds for Judgment II: Comparing Statutes and Precedent 83. Grounds for Judgment III: Elements of a Tort Live Review | Is It Acceptable to Be Malicious Toward Malicious People? Bonus | Is Defending a Bad Person Unethical for a Lawyer? | Debate 84. Was the Individual Health-Insurance Mandate Unconstitutional? | Obamacare I 85. Why Did Justices Oppose Universal Health Insurance? | Obamacare II 86. The Million-Dollar Comma | Details Decide Cases I 87. How Do You Define ‘Chicken’? | Details Decide Cases II Bonus | The ‘Lost Duck Notice’ I: Is This a Contract? Bonus | The ‘Lost Duck Notice’ II: How Should Harm Be Measured? Bonus | Zhan Qingyun’s Summer Memory: Hiking with Dad 88. Black Lives Matter I: How Can ‘Systemic Discrimination’ Be Proved? 89. Black Lives Matter II: How Can Subjective Discriminatory Intent Be Proved? 90. The History of Civil Rights I: America’s Founders Were Slaveholders? 91. Civil Rights II: When an Enslaved Person Counted as Three-Fifths 92. Civil Rights III: Protect Private Property—Even Enslaved People? 93. Civil Rights IV: Dred Scott, the Decision That Helped Ignite Civil War 94. Civil Rights V: Did the Constitution Still Apply During the Civil War? Bonus | Did Trump Have Grounds to Ban TikTok? 95. Civil Rights VI: Rhett Butler Says the North Will Defeat the South | Gone with the Wind 96. Civil Rights VII: Was Abolition Merely Civil-War Rhetoric and Strategy? 97. Civil Rights VIII: Was Lincoln’s Emancipation Unconstitutional? 98. Civil Rights IX: Did Abolition Serve Lincoln’s Re-Election? 99. Civil Rights X: Is Individual Income Tax Only a Century Old? 100. Civil Rights XI: Did Black Americans Have the Vote? North and South Pass Responsibility 101. Civil Rights XII: Were Black and White Americans Equal in the Era of To Kill a Mockingbird? Bonus | Can COVID-19 Count as Force Majeure in Contract Law? 102. Civil Rights XIII: Revisiting the NBA Players’ Strike 103. Civil Rights XIV: Did War Create an Opportunity for Equality? 104. Civil Rights XV: Brown v. Board—Separate but Equal? 105. Civil Rights XVI: Why Did the Supreme Court Inherit Brown’s Impossible Problem? Bonus | Justice Ruth Bader Ginsburg I: We Were Fortunate to Live in Her Time Bonus | Justice Ginsburg II: Expanding Protection for Women’s Equality Bonus | Justice Ginsburg III: ‘I Think This Is a Life Without Regret’ Bonus | What Will Change After Trump’s Supreme Court Nomination? 106. Civil Rights XVII: Segregated, Unequal—but Perhaps Safer? 107. Civil Rights XVIII: The Little Rock Crisis 108. Civil Rights XIX: Brown’s Butterfly Effect and Martin Luther King Jr.’s Legacy 109. Civil Rights XX: The World After Brown 110. Civil Rights XXI: One Small Step Toward Legal Interracial Marriage 111. Civil Rights XXII: Is Differential Treatment Reverse Discrimination? 112. Civil Rights XXIII: Does Racial Segregation Create Enormous Social Waste? Bonus | The 2020 U.S. Election I: Does Equality Mean One Person, One Vote? Bonus | The 2020 U.S. Election II: Electoral Systems Shape Political Culture Bonus | The 2020 U.S. Election III: Election Law Is Always Being Patched 113. Civil Rights XXIV: Is Equality Full of Paternalistic ‘It’s for Your Own Good’? 114. Civil Rights XXV: When Everyone Is Truly Equal, We Won’t Need to Keep Saying It 115. Conclusion I: Law Has Limits of Its Own 116. Conclusion II: Law Carries the Prejudices of Its Time 117. Conclusion III: Perhaps We’ll Meet Again Next Season Bonus | Social Media Bans Trump: More Benefit or Harm? | Debate Zhan Qingyun: I Debate Pang Ying in 35 Lessons in Critical Thinking Critical-Thinking Debate: Should Selfish Behavior in a Disaster Be Condemned? Critical-Thinking Debate: After the Draft Roe v. Wade Ruling Leaked, Can Privacy Justify Abortion? Critical-Thinking Bonus: Harvard Lost—Was Affirmative Action a Just Cause? Anyone Can Be the ‘Second Sex’: May More Women Keep Their Seat at the Table