Legal Theory

382 ABA Journal Legal Theory articles.

SCOTUS opens new term with criminal law cases addressing insanity defense and unanimous juries

The U.S. Supreme Court has several blockbuster cases in its new term—on gay and transgender rights, federal immigration enforcement and gun regulation. But before it gets to any of those, the court on the first day of the term will take up two criminal law cases raising significant questions, even though only a handful of states are affected by each.

Afternoon Briefs: Nursing home executives fined $400 daily; did black nationalism influence Justice Thomas?

New book seeks to explain conservatism of Justice Clarence Thomas

A new book called The Enigma of Clarence Thomas contends that the justice’s conservatism is shaped by his immersion in…

Justice Gorsuch’s new book says US faces ‘civility crisis’
U.S. Supreme Court Justice Neil M. Gorsuch says in his new book that the United States is facing a “civility crisis.”
Retired Justice John Paul Stevens dies at 99
Retired Supreme Court Justice John Paul Stevens died Tuesday from complications from a stroke. He was 99 years old.
After nearly 30 years on the court, Justice Thomas’ supporters and detractors are still debating who he really is

After Clarence Thomas’ nearly 30 years on the court, his critics and supporters are still debating who Thomas is. But at a June conversation in the courtroom before the historical society, Thomas mostly seemed at peace with himself and his role on the court.

New ABA report surveys cryptocurrency regulations

The ABA Business Law Section released a major report on digital assets and cryptocurrency regulation on Wednesday.

The 353-page document titled “Digital and Digitized Assets: Federal and State Jurisdictional…

Can Trump legally use emergency powers to build a border wall? Experts weigh in
Updated: On Friday morning, President Donald Trump confirmed that he will be declaring a national emergency to build a border wall. Experts say the emergency declaration itself will likely be judged fully within his powers as the president of the United States. But it's much less clear that the president's emergency powers permit him to build a wall using the military construction statutes most observers think he'll use. And the project could be tied up in eminent domain challenges until 2020 or later.
Chemerinsky: Supreme Court’s recent actions are telltale signs of its future direction
On Jan. 22, the U.S. Supreme Court took three actions that did not involve deciding a case, yet nonetheless provided a likely harbinger of the future. The actions reflect the court’s new composition and surely please conservatives but are very troubling to liberals.
Chemerinsky: What will the conservative high court mean for 2019?
As a new year begins, it always is tempting to try to forecast what to expect from the U.S. Supreme Court in the months ahead. This year, there seems to be more questions than predictions in terms of what to look for in 2019.
IBM, GE, Facebook, Google and the law—lessons learned, or lessons forgotten?

How can newly powerful, global tech companies fulfill their legal responsibilities to customers, employees, shareholders and the different societies in which they operate? And how can lawyers help?

Three developments…

What would it mean to impeach a president? (podcast)
The authority to impeach and remove a U.S. president is one of the legislative branch's most powerful weapons. But in the country's history, despite many periods of open hostility between Congress and the executive branch, no president has been removed from office through the impeachment procedure. Why is that?
Uncovering the secret history of how corporations gained their civil rights (podcast)
When we think of civil rights movements, the first to spring to mind might be the battles against African-American segregation or for women's suffrage. But one of the longest, most successful–and least-known–of these movements in America has been made on behalf of corporations. In this episode of the Modern Law Library, professor Adam Winkler, author of We the Corporations: How American Businesses Won Their Civil Rights, shares what he learned from his investigation into how corporations have achieved constitutional protections ranging from the right to sue and be sued, to individual rights like religious liberty protections and free speech.
Does ideology influence editors’ law review picks? Study finds a correlation
Editors choosing law review articles are influenced by shared ideology with the authors, according to a working paper by three University of Chicago law professors.
Kavanaugh lands in top six in ‘Scalia-ness’ ranking of SCOTUS contenders; who is No. 1?

Before Neil M. Gorsuch became a U.S. Supreme Court justice, a study of potential Supreme Court nominees had rated him as more “Scalia-like” than Chief Justice John G. Roberts…

‘Judges wear robes, not capes,’ Gorsuch says in Federalist Society speech

Justice Neil Gorsuch got some laughs as he referred to criticism of the Federalist Society and one of his own court rulings in a speech before the group in Washington,…

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Judge apologizes for 'deplorable' letters he wrote to college newspaper about gay people and AIDS
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Why you should insist on diversity in your law practice
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The court of public opinion: Why litigation PR is a critical component of a case
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