In this episode of Courtside, Etan sits down with the Honorable Scott Silverman — former circuit court judge, current arbitrator and mediator with JAMS, and Chief Historian of the 11th Judicial Circuit — inside the very courtroom where history was made. They explore the fascinating history of the Miami-Dade courthouse, from Al Capone’s perjury trial to the assassination attempt on FDR. Then the conversation pivots to the future: can AI ever replace human judgment in a courtroom? And what are we losing as the legal profession moves further from human connection? From courtroom history to the question of humanity in an AI-driven world, this episode is unlike any other.

CHAPTERS:
00:00 — Inside Miami’s most historic courtroom
01:05 — Introducing Judge Scott Silverman
02:44 — The courthouse that was tallest south of Baltimore
04:03 — Only two circuit judges when it opened
05:01 — Al Capone in Miami: the perjury trial
09:13 — Capone acquitted — and the crowd erupts
10:53 — Restoring the courtroom: how it happened
13:57 — Why Miami resists its own history
21:55 — JAMS: arbitration vs. mediation explained
25:55 — Would you let AI decide the outcome of cases?
27:14 — AI hallucinates — and judges are getting sanctioned
28:03 — The binary problem: credibility and human judgment
30:05 — Judges are human — and that’s not an insult
31:14 — The DNA exoneration that made the front page
32:00 — Leaning into humanity in an AI world
33:00 — Zoom courts: efficiency vs. human connection
35:16 — How do we maintain our humanity?

Disclaimer: Courtside episodes are for general information only and are not legal advice.

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Key topics:

• Waymo liability: pedestrians, property, and passenger injuries
• Waivers, assumption of risk, and arbitration clauses
• “Kill switch” / what passengers can do when things go wrong
• Why the next era of litigation is data + forensic tracing

Disclaimer: Courtside episodes are for general information only and are not legal advice.

00:00 — If a Waymo causes a serious crash, who’s responsible?
00:48 — Riding in a Waymo: what it’s like when there’s no driver
01:49 — Real-world incident framing: the “Waymo killed a neighborhood cat” story 03:46 — Passenger injury scenario: who pays, and who gets sued?
04:31 — When the system gets stuck: two Waymos backing out + human “reset”
05:11 — Terms, waivers, and arbitration: what you may be agreeing to
06:21 — Chaos scenario: safety, trauma, and liability when things go wrong
07:29 — Robotaxi future: Tesla-as-Uber fleets and messy responsibility lines
13:47 — Self-driving semis: the real high-stakes frontier
21:09 — The next era of cases: data, forensics, and the “black box” model

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Courtside Podcast

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In this episode of Courtside, Etan and Jose sit down with appellate attorney Deija Lifshitz to explore the differences between government and private practice, how appellate thinking shapes litigation strategy, and why preserving issues for appeal can make or break a case.

They discuss jury perception, the hidden role of appellate counsel during trial, malpractice pressure, and the often-overlooked importance of jury instructions. The conversation also touches on where the profession may be heading, including the early role of AI in shaping how cases are analyzed and decided.

From courtroom tactics to the structure of legal decision-making, this episode examines how cases are actually won—and how lawyers think beyond the moment.

Disclaimer: Courtside episodes are for general information only and are not legal advice.

01:23 — Deja Lifshitz: clerkships to county attorney to private practice
03:16 — Government vs. private clients: different litigation mindset
04:07 — Portfolio thinking: avoiding “copycat” lawsuits
05:41 — Why government lawyers build credibility with judges
06:20 — Do government cases settle less often?
08:15 — Emotion vs. merit in litigation strategy
11:41 — Trial vs. appellate thinking: persuasion vs. the record
14:02 — Preservation: what trial lawyers miss in real time
17:18 — Why you can’t be both trial and appellate counsel
24:06 — Memorable courtroom moment
26:14 — AI in trials: reading jurors and real-time feedback
30:24 — Why people still trust human storytelling over machines
35:11 — Jury instructions: the most overlooked trial risk

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