scholarship and legal study with some sort of legal practice, usually appellate practice. but that's not the norm. the norm today really is a legal academic who is simply a scholar and a teacher. >> host: what's appellate practice? >> guest: arguing cases in front of appellate courts, in front of appellate courts rather than in front of trial courts. >> host: do you think, do you think it's necessary for you to know how to practice law? as a law scholar? >> guest: no. i think that law scholars have different areas of expertise. law scholars should be masters of some aspect of the law, not necessarily some aspect of legal practice. there are a number of law scholars, of course, who are masters of some aspect of legal practice, and there's a profound need for those people, i think, this the legal academy. but i think it would with a shame if law schools took such a pivot toward creating what are now called practice-ready lawyers that the entire academy became, in effect, a vehicle for facilitating apprenticeships this law. that's not what law schools and what the legal acade

>> as a legal matter, yes. i mean, there might be political obstacles to doing that, but as a legal matter the next president could change the policies. the current president could change the policies, and, indeed, the policy does not prevent the federal government from bringing prosecutions even in colorado. it just said it's not a priority. >> professor, if we were to go to washington state, you and i, and two fairly large municipalities right near idaho, spokane and pullman, what happens when you are near or step over a border. is everything that was permitted in washington suddenly illegal when you take that step, and do you have to worry about the money that changes hands in order for someone to possess marijuana? >> well, the law changes as soon as you go across the border. what doesn't change dramatically would be price or supply. it will be a real challenge to try to. even before passage washington was a big exporter of marijuana. it produced purely black market marijuana for export to other states, and

that is in the nature of the wall today or the legal practice. most today is not from the common law case. most is derived from statute enacted by congress and by state legislatures. so the focus in part has to shift away from dhaka court and be the originator and instead are the originators of the law that we have to become less focused and a little bit more legislation focused an hour orientation towards law. second, the curriculum that we teach was put to better at the time when most was domestic. if you are going to become an american lawyer, you need to learn that it may be in the state in which you intend to practice. these days it would be tantamount of institutions of international law public and private and that was not on the agenda at the time when that 20th century curriculum was set and there were other differences and changes as well and i also think the law school curriculum that was set envisioned a kind of practice that was very bookish and again set on the knowledge that could be acquired through internalizing and grapple with f

we got a certain measure of legalization.nk it's going to be a real incentive for the cartels to get in the business of moving marijuana and their other drugs here. the point is what i think is going to happen is i do agree it's best to just be done by state by state so that you can have a national backlash if it doesn't work out. >> you don't think american drug producers can beat the latin america drug producers. you're not a patriot [ laughter ] >> pat has stumbled into an interesting point, and it reminds me of young kennedy, who is of the opinion that marijuana is an escalated drug. it's just opening the door to all types of. >> it's like beer before booze. >> cocaine, heroin, method, ecstasy, spice. >> john, you and i started drinking beer when we were 15, or 16 or 17 you were drinking hard whiskey. it's an entry drug, a gateway drug. >> yeah, but it's out there. >> what are the cartels going to have left? the cartels are going to have what? >> cocaine,. >> heroin, methamphetamine, ecstasy, spice and similar drugs. unle

>> as a legal matter, yes.n there might be political obstacles to doing that but as a legal matter the next president could change the policy. the current president could change the policy and indeed the policy does not prevent the federal government from bringing prosecutions even in colorado. it just says it's not a priority. >> reporter: professor calkins if we were to go to washington state you and i and there is to fairly large municipalities on the border of idaho and spokane and what happens when you step over a border and what is in washington does it become illegal when you take the step and do you worry about the money that changes hands in order for someone to posses marijuana? >> well, the law changes as soon as you go across the border. what doesn't change is dramatically would be price or supply. it will be a real challenge to try to prevent the market conditions that exist in washington state or colorado from affecting market condescriptions elsewhere. particularly because even before passage, wa

undercut the legal price.x it, says we will and that means we will have an underground market that will exclusively target young people because under the laws young people still cannot buy marijuana, and by the way, it is the same for alcohol, and i think we can all say people under 21 can easily get alcohol. the other thing that has been said is that this will help with budgets, and i am sure there are some that think in good faith that we could help our ailing public education system or health system. what we should know from alcohol and tobacco is that for every dollar that we gain in alcohol us $10acco tax, it costs in social costs. the idea that we will pay things -- four things because we are taxing citizens, i think it is a pipe dream. host: your response, before we go to calls. mentioned a kevin call. one alcohol prohibition was repealed, we put away people bootleggers.e and we do not see people growing hops and barley in national marijuanaway we see being grown. people do not hang out on street corner

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but the time is come to legally regulate this.ome 2016, a whole handful of other states will do the same thing. outside of the united states uruguay just voted to legalize marijuana. so at this point why wait? >> and paul, i want to put this to you, we're not talking exclusively about marijuana, we're talking about drugs more broodly. fewer than 1% of people incarcerated in the united states on drug charges are on soul possession charges -- >> lisa that's actually incorrect. point of fact, one third of all americans, you have large numbers of people in local jails serving weeks, days, months -- >> right. and i'm talking about prison, nationally it's 1%. but paul you said we have to bring the hammer down, and if it feels like this so-called war on drugs, that the government has been trying to bring the hammer down for decades. we need a new hammer. what do we use? >> wonderful. i have my book out about drug trafficking organizations. we don't have a war on drug addicts. we have a war on drug cartels. we have to make a distinction.

we're going to discuss the legal side of it with some legal experts. from her father's point of view, i totally understood where her mother was coming from, you would try anything and everything if that was your child. you have to believe in miracles. and i think it is a mother's right to do that. and not some hospital's right to say no for pulling the plug. i'm glad to be helpful. i hope we continue to be helpful. >> thank you. >> jahi's situation is a nightmare for her. who should decide what happens to her next? >>> when we come back, we'll talk with jeffrey toobin. >>> you heard in the uncle of jahi mcmath. she's been declared brain dead following a tonsillectomy. joining me now is arthur kaplan. welcome to both of you. we've been discussing this before, has anything changed in your opinion of this case, since we last talked about it. >> nothing's changed medically, the chance of her recovering, becoming conscious in anyway showing life is not there, the brain death diagnosis has been confirmed, independent experts. i know the family wishes for a m

online gambling is now legal in some states. we ask if online gambling is a bet worth making. ♪ >>> wajahat ali is off tonight, taking the rains is our i digital producer. glad to have you here to do this >> always fun. >> when we start talking about online gambling, there is a big divide in responses. >> yes, we have some responses here . . . of course for those of you at home, we want you to be part of this conversation, to tweet us using the hashtag, aj the stream. >> americans are logging on to place their bets, spending more than $2.5 billion on illegal offshore gambling just in 2012. analysts at morgan stanley predict this kind of gambling will generate close to $10 billion by the end of the decade. a justice department ruling cleared the way for online gambling at the state level but not nationally. some are calling on the federal government to lift its ban, seeing it as a way to create consistency. so far flee pro online gaming bills have been introduced in congress, but not everyone wants to see those bills become law.

we don't know if this is related specifically to the legality. >> you're saying there is now a legalents. and they would have gotten it anyway, illegally many but it's easier and it's more prevalent, and now the unintended consequences are starting to kick in. all the doctors we've talked to expect more emergency room cases with children. the counselors and the drug rehab people expect more addiction problems with children. and the dui's all the law enforcement say they're going to rise as well as we've seen in washington state. that being so. how can you in good conscience continue to promote this, when you see -- >> number one, there's no data available enough, because it hasn't been legal long enough to know there's an increase in those kinds of incidents. >> you need -- >> there's little evidence that the criminalization of marijuana leads to more use of marijuana. researchers say legalization does not necessarily lead to bigger use. >> have you ever been to amsterdam and holland? >> i do not. you probably thought i go there on vacation. >> you know what's happened in amsterd ams

the legal academy is faulted and ibm agreed for not paying much attention to the legal profession of the students and future graduates. on the other hand, the legal academy can be faulted for not being critical so we cannot respond to the first problem by simply servicing the needs of the legal profession. there should be a distance between the legal profession and at the academy and its goals and ideals. >> host: this is book tv on c-span2 talking with georgetown professor robin west. "teaching law" justice politics and the demands of professionalism as her book. >> from the college series louis michael simon author of constitutional disobedience argues it's time to stop treating it as a sacred document that needs to be obeyed at all costs and assess people alive now shouldn't be shackled by a document created hundreds of years ago by people who couldn't understand what the country is like today. this is about 20 minutes. >> joining us on book tv is the author on the book on constitutional disobedience is the name of the book. professor michael lewis at georgetown university is the

of legal profession. so we can't respond to the first problem of inattention by simply servicing the needs of the legal profession. there should be a distance between the legal profession and its needs and the legal academy and its goals and its ideals. >> host: and this is booktv on c-span2, and we've been talking with georgetown law professor robin west. "teaching law: justice, politics and the demands of professionalism" is her book. >> next, from booktv's college series, louis michael seidman, author of "constitutional disobedience," argues that it's time to stop treating the constitution as a sacred document that needs to be obeyed at all costs. he says that people who are alive now should not have to be shackled by a document that was created hundreds of years ago by people who couldn't possibly understand what the country's like today. this is about 20 minutes. >> host: and now joining us is the author of this book on "constitutional disobedience," is the name of the book. professor louis michael s

>> >> legal fees. >> michelle's legal fees.gal fees, forget about even performing the operation. they said this is cruel and unusual punishment to deny michelle. she is in jail in a men's correctional facility for murdering his wife cheryl because she caught him in her clothes. okay? this is the kind of nice individual that we're dealing with. >> medically necessary for him to have this operation it will go to the supreme court. >> this is so insane. >> that's the problem. >> this is a murderer. >> right. >> i don't care whether he wants a sex change operation. i don't care. >> here is the crazy thing about it, he is a murderer. he is going to get a tax-free, paid for taxpayers operation of someone who was not a murderer on the outside wanted to get would have to pay their own money for. >> of course the relatives of cheryl, his murdered wife. >> only in prison. >> this is why america is going crazy. these federal judges, this is not in the constitution. this -- this guy would have been hung from a tree right in front of jeffer

we're going to discuss the legal side of it with some legal experts.m her father's point of view, i totally understood where her mother was coming from, you would try anything and everything if that was your child. you have to believe in miracles. and i think it is a mother's right to do that. and not some hospital's right to say no for pulling the plug. i'm glad to be helpful. i hope we continue to be helpful. >> thank you. >> jahi's situation is a nightmare for her. who should decide what happens to her next? >>> when we come back, we'll talk with jeffrey toobin. [ male announcer ] research suggests cell health plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. with 7 antioxidants to support cell health. one a day men's 50+. in the nation, we reward safe driving. add vanishing deductible from nationwide insurance and get $100 off your deductible for every year of safe driving. which means you could save... a lot of benjamins. we put members first, because we don't have s

supporters of legalization say they have enough signatures to put legalization on the ballot this yearn alaska. by 2016 they're making a push in oregon, arizona, california, maine, massachusetts, montana, and nevada. if all goes well, the attention would turn to delaware, hawaii, new hampshire, rhode island, and vermont. >> thank you both. good to see you both. >>> thanks, michael. >>> why allen west says hillary clinton isn't the democrats best chance for the bhiwhite house i 2016. if you want to follow me on twitter. just learn how to spell smer cannish. this -- smerconish. >> seeing you shovel outside. >> time for the sideshow. that was bill de blasio outside his home in brooklyn this morning. he's the newly sworn in mayor. they said today's snowstorm would be his first big challenge in office. but it's his son who's getting all the tough questions. 16-year-old dante de blasio was inundated with facebook posts last night all from his fellow classmates who wanted to know if school would be canceled. "the new york times" obtained one of those exchanges. while it seems the first son of

yeah stacey max everybody is legalizing around the world you know now that colorado has legalized marijuana following on your why and now peru wants to legalize it new york state is now saying that they want to legalize it so it's a mass rush it's like marley's heaven and he must be controlling this from heaven in fact but as marijuana stocks hit record high they're all but. we're all still. and then. people up that you know get some dreads and i get some dreads or the big african girl or jamaican girl there you know just keep up with the big spliff mom the big believe we like you joan. who are you going to do that mom. thought so as cannabis is widely legalized china cashes in on an unprecedented boom oh yeah. yeah i love that you know they go out a good smoke and join them and they know better my red got nothing on the chinese wetware so here we have again listen to this very first words of this article describing china cashing in on yet another boom cashing in on get another boom trying to cashing in on the right now i think i just heard you say the same thing three times so whatever you

he is unwilling to face the legal system. the legal consequences of what he has done, and in a sense that's the bigger picture here. the question is how are we going to oversee the national security? are we going to do it constitutionally, by the processes of different branches of government, looking at what each other is doing? or is it going to be a vigilante system. where individuals get to decide on their own, what is right and wrong? that's at issue here. snowden has taken to law into his own hands and he is unwilling to face the legal system that awaits him back here in the united states. >> mark stout would it be a mistake to make law around such a outliar case? or are we with being pushed there? >> i think by sop extent we are being pushed there, but i also don't think he will be the last case that we see along these lines. in fact, he is not even the first. bradley or chelsea manning depending on how you want to refer to that individual, basically did something very very similar, with much less sensitive information,

in every one of those, even as a , legal courses or legal advice, legal presentations, are done in everyone of those courses. i would venture to say that those are increasing even more and more. in my particular situation, when i took over as commander of the air force in washington and had a court-martial convening authority -- over 40,000 airmen located around the world -- i spent the time and sat down with knewg to ensure that i what it was that i could and could not do, was expected. there were cases i was looking at all the time, including , and everyonees one of those cases and , jack is right there with us. is right there with us. i believe we are doing way more training today than we have in the past. said, thereiral needs to be a little bit of time . i know there is not much. believe that all commanders know that the need to have that guidance because they are not legal experts. the need to stay close when they're making these tough and difficult decisions that affect people's lives. >> i think that all of the services have specific -- first of all, just officer development cour

sanjay gupta and senior legal analyst jeffrey toobin.learly the laws have changed, public opinion has changed nationwide. where is the science on whether pot is addictive and what it might do to the brain? >> science is emerging but i'll preface by saying look, this has been illegal for a long time in this country. science is hard to come by. that's part of the problem. having said that, you know, if you look at addiction sort of across the board, addiction sort of means not only the idea someone is addicted to something, they will have physical withdraw if you take away the substance, but is it interfering with the way of life? do they seek out a substance and to get it, it will interfere with things they should do as part of their normal lives. marijuana across the board, 9% of people will become addicted to it compared to heroin which is closer to 23%, cocaine is in the 20s, alcohol 15, 16% depending on studies you look at. it is addictive, but maybe not as addictive as other substances. >> the law is setted in colorado, it is legal f

stop saying legalization.nalization, you're saying let's stop locking people up for something that was a -- >> what it means practically in most of these states, alaska, no fine right now for it. other states it means it is a civil penalty, fined 500 bucks, a thousand bucks, a ticket, something like that. 17 states have gone in that direction. we have news this morning is here in the state of new york, andrew cuomo moving now towards medical marijuana, but looks like the proposal, it is a very sort of conservative version. >> i would suggest this is the political blowback from the west coast. here on the east coast, all of the medical marijuana programs are very limited in scope, like new jersey only allows five retail outlets and connecticut, they'll sell it through pharmacies. here the governor is talking about 20 hospitals. it is a honing of the program but acknowledgement that marijuana is medicine. >> it is a gateway law to much bigger -- >> that's what i wonder. we can think back to the late '90s, starte

don, those are legal drugs we're talking about y. would we want to expand access and availability for another legal drug. >> one of the advantages is if you are taxing and regulating it, you have the ability to avoid the 13, the 14-year-old getting access via the underground market. the idea here is to get rid of the underground market. >> speaking of that. the attorney general, eric holder, says legal marijuana sellers should have access to banks. how important is this? actually, this is absolutely, positively critical. i have a been out in colorado and the measures that they have to go through to deal with all of their cash because they can't actually use a banking system. how do you meet pay rolling if you're only operating in cash? they go through elaborate measures to make sure that this cash literally doesn't smell. so, in other words, you buy some pot, they take it, put it in a bag and put it in a sooeld room because if the bank smells it and it will smell like marijuana, because all of these dispen sarris do, they say, no way

we're looking at rising legal consequences on environmental activists.resentative noel, whether protesters get slapped with the label terrorists, or receive fines, are you concerned that this will have an impact on robust civil discussion? >> no, not at all. what i'm hearing from both lauren and mariah, that one person's extreme views is another person's moral crusade. some people believe strongly that abortion should be illegal. again, do we block off all of the abortion clinics? ment some people believe there shouldn't be gay marriage? should we not allow people to block that from doing that? i'm fine with that. but if you do the crime, you do the time. we have an individual here that went into a legal sell of oil and gas leases, and bought hundreds of thousands of dollars with no intention of paying. i passed legislation that said that would be a felony. and he had to pay the crime that he did. and it's the same thing with mariah. you don't have the right to stop people if you don't like the situation then change the laws. when we talk about the big c

it is legal but you have to wait for it. there are those who are looking to cash in, high hopes for a pot tourism, matt brown, forking out $1,500 a pop for his sold-out we'd tours. lori: more robust than a bag. they hangover on wall street with the dow on track for the first down trading day of the new year since 2008. ashley: an impending blizzard turning into a wet blanket, bone chilling storm which could drive the 18 inches of snow on bo

of course some arcane fighters fought a legal and legal fireworks occupied fifty percent of market share in china. most illegal fireworks are sold the secret location to cover most patients read and can easily by fires without legal tables from the suburbs here in png. the legal part the black market and small workshop. much cheaper than those who qualified manufacturers. the price gap restraint and time. trentham last year a firecracker old one thousand fire crackers and sprite that went to queue at around four dollars odinga won gold for dollar fifty. in the fire stick with this guy was priced at fifty dollars. the legal and commercial project six dollars. even at lower prices the pelicans to make bigger profits from illegal one the transportation piece of dirt cheap illegal fireworks transferred several thousand by work product usually just cost around one thousand six hundred dollars. but the team and that is transported by trucks to be an opal product nearly one thousand one hundred dollars to the state i worked on the dangers that are made of gunpowder because the fire to explode o

if it's legal in the state.n expert coming up on the deck. >>> no word how much colorado raked in on the first day of marijuana sales now that it's legal but government officials are predicting more than a half billion dollars a greer wholesale and retail sales in weed. more than a million dollars per day. and $67 million per year in tax revenue alone. it's now legal to possess up to one ounce of marijuana in colorado if you're from there, for recreational use. 24 shops opened yesterday, most of them in denver. officials are reporting very few problems, aslide from the long lines and smoking in pot. adam is live in denver. who is buying? >> reporter: every age, every race, every walk of life. people behind me are some of the more than 650 who bought yet. you see grandparents, men, women, working people, retired people, college students, they're paying up to $400 to purchase an ounce of marijuana they can legally use recreationally, just in colorado. you can't take it out of state, and you certainly can't smoke i

you can expand the units that are legal nonconforming. basically in a four unit building you can expand two of the units but not the other two. this would allow you to expand the legal nonconforming units provided that you don't expand the building's envelope. unless there had been a no fault eviction in that building. does that help? >> yes. my other question is you said merger in two units. what exactly -- >> so, that would occur -- say you're dealing with the same four-unit building and an owner comes in and has purchased two of the units and decides to combine the two units into a larger space. perhaps -- in that case either the unit would need to be empty to do that or t

by legalizing. those that's one more step to grow although the referendum was passed by a majority vote five months ago pine ridge is tribal government a council consisting of nineteen representatives has final say on if and how the new law is implemented robin tapio a representative from the village of pine ridge and an advocate of alcohol legalization believes this potential revenue is the only way to turn the tide when it comes to preventive health i don't ever see the federal government coming up with the resources to help us build treatment centers to help us build a detox to help us build on the shelter another council member burning shot with arrow who opposes the referendum worries that more alcohol on the reservation will lead to more crime and wording on law enforcement so if it does get legal either it's going to be it's going to be worse not to mention the difficulties police officers already have in responding to alcohol related crime. thirty officers and probably someone sometime this

that should be legal as well.pect that argument because i do understand it from a libertarian point of view, i just go back to, let's not a advocate for things that we know aren't helping or better our society. there's nothing good about legal aizing another mind altering sub tangs. >> but there's nothing good about banning it. we are actually, these pot arrests are killing career prospects for so many kids who are basically nonviolent who got high. and gavin, we have talked about this before, pot does kill ambition for a lot of people in their 20s, but pot heads don't kill people. and i think that going to prison is not the answer for this. you say legalization won't help, but putting people in jail makes it worse. >> what percentage of criminals are in jail from drug related causes, from fighting someone who's on their turf to killing someone who's in their gang hierarchy. >> i don't trust the state with morality. >> there you go. >> there you go. okay. >> mike, thank you, gavin, thank you. >>> the film making f

legal is next.see like right here i can just... you know, check my policy here, add a car, ah speak to customer service, check on a claim...you know, all with the ah, tap of my geico app. oh, that's so cool. well, i would disagree with you but, ah, that would make me a liar. no dude, you're on the jumbotron! whoa. ah...yeah, pretty much walked into that one. geico anywhere anytime. just a tap away on the geico app. wow...look at you. i've always tried to give it my best shot. these days i'm living with a higher risk of stroke due to afib, a type of irregular heartbeat, not caused by a heart valve problem. at first, i took warfarin, but i wondered, "could i up my game?" my doctor told me about eliquis. and three important reasons to take eliquis instead. one, in a clinical trial, eliquis was proven to reduce the risk of stroke better than warfarin. two, eliquis had less major bleeding than warfarin. and three... unlike warfarin, there's no routine blood testing. [ male announcer ] don't stop taking e

where does marijuana use become legal? it is a growing public policy issue around the country and we'll get into that debate this morning. joining me this morning on the roundtable, chief white house correspondent chuck todd, the managing editor of the pbs news hour, judy woodruff, steve schmidt and economist donna edwards is here as well. welcome to all of you. happy new year to all. >> happy thu yenew year. >> the year of action is what president obama said it would be, so how does he take the president sit back? >> it starts with making sure obamacare works. i asked someone what their january would look like, and they ticked off a whole bunch of issues. they sort of left out health care completely, and i said, so what does health care look like? well, they said, as long as everything continues to get a little bit better, a little bit better, they think they can somehow ease things. ultimately, no matter what, they would like to be talking about anything other than health care. they prefer nsa reforms which is unpopular.

i think congress has to act to ensure this legal theory and it's what i consider legal theory is not used by any administration to spy indiscriminately on its citizens. now, doj's current interpretation relevant to section 215 could allow the government to inquire any database that might someday down the road for some reason, somehow find useful -- first is there anything in the constitution that allows us to pass such an overbroad law, to allow us to search anywhere we want and is there any meaningful limiting principle for the government's interpretation of section 2 and in 15? >> well i think we can look at what the government has been able to do in terms of surveillance whether it is wiretaps, mail covers. their number of statutes that congress has passed that allows the government to engage in that kind of surveillance activity. i think the difference between those kinds of i think universally recognized programs in what we have seen under section 215 of the metadata program is that these other materials, the other programs are predicate-based. the metadata program is really an

it is legal here in colorado, but legal everywhere.asize it will help people worried about kids taking it. it is hard to rebel against something your parents can do. potsually, adults smoking are getting it from kids, and now you have to stop it from happening the other way around. >> that is exactly right. that is good. i hope it becomes ho-hum. >> are you excited in the interim a about the prospect of tourists, people arriving at denver international airport specifically to avail themselves of provisions of the ? law? the new >> i am not excited that we would have the moniker -- come to colorado to smoke pot. there are a lot of reasons to come to colorado. you cannot carry it in dia or have it on your possession. i hope people come to colorado for all of the other wonderful things colorado provides, and -- it cannot beonest, a bad thing. >> people go to napa to drink wine out why wouldn't they go to colorado to smoke what you grow their? >> i am sure they will. people will come here exactly for that reason, and in a way it will fill

and political philosophy and legal history. trevor got his undergraduate degree at university of colorado at boulder and his law degree at the university of denver. in addition to providing a brief overview of the book, trevor will also talk about how some of the current problems that we've all been reading about with respect to the affordable care act relate to the case. next we will hear from professor ilya somin. elliott is a professor george mason university's school of law where his research focuses on constitutional law, property law, and the study of popular political participation and implications for constitutional democracy. he got his ba degree from amherst, masters from harvard and gestures doctor from yale law school. on graduation of law school he clerked for the fifth circuit judge jerry smith. in addition by the way to "a conspiracy against obamacare," i will gladly put in another plug, ilya is the author of another book, democracy and political ignorance. his articles have also appeared in many scholarly journa