ABA Journal

Columns

Chemerinsky: SCOTUS failed to address whether Chinese access to TikTok data is real national security threat

The U.S. Supreme Court’s decision on Jan. 17 upholding the federal law banning TikTok continues a long history of judicial deference to claims of national security. The ruling upholds a federal statute that bans a medium of communication that is used by more than 170 million people in the United States. The speech of all who generate content for it and all who receive it is restricted by this law. It is difficult to think of any law in American history that restricted so much speech for so many people.


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Welcome to the 119th Congress

As the dust settles from the 2024 election, the political landscape in Washington, D.C., has undergone a significant transformation. The Republican Party now controls all three branches of the U.S. government, marking a pivotal shift in governance and policy direction.


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11 ABA advocacy wins from the 118th Congress

Although the 118th Congress may be remembered as one of the turbulent and least productive in modern history, the ABA Governmental Affairs Office achieved notable legislative successes through close collaboration with ABA leadership, entities and advocacy partners. These efforts were further complemented by substantial progress on various policy issues before federal agencies, commissions and other administrative bodies in the last two years that impact the legal profession, access to justice and the rule of law.


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Investing for retirement—is it luck?

Accumulating your desired retirement fund balance relies mostly on the amount that you have saved. But investing your savings is also an important aspect of achieving your retirement goals. To understand the importance of your savings habits, see this Sept. 11, 2024, article in the ABA Journal: "Getting ready for retirement is easier than you think."


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Honesty in jury pool examined in 'Juror #2'

I’ve tried dozens of cases in my career. As with anything else, the more you look at something, the more pronounced the cracks and deficiencies become. Interestingly, Clint Eastwood’s supposed directorial goodbye, Juror #2, does a great job of focusing on one of those deficiencies, namely juror honesty and how it affects the rule of law.


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How agentic AI services are revolutionizing contract management and compliance

Ari Kaplan recently spoke with Shashank Pande and Rachita Maker, the co-founders of Ekamm8, a new forward-thinking legal innovation and consulting company.


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Access to Justice 2.0: How AI-powered software can bridge the gap

Many predictions have been made about the impact of artificial intelligence on the legal profession. From the demise of the billable hour to robots replacing lawyers, projections have run the gamut. Among the most optimistic is the suggestion that rapid advancements in AI could significantly improve access to justice by providing underserved communities with easily accessible and much-needed legal information.


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NBC's 'Found' is far-fetched, but it gets this lawyer thinking about bias in investigations

Earlier in my career, I was cross-examining a detective during a jury trial. The investigation, he conducted, was one-sided. He had zeroed in on his suspect, and everything that followed was simply an attempt to support his narrative.


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2025 Outlook for Legal Leaders: It's time to focus on big-picture strategies

For far too long, legal departments have been considered the slow-moving arm of the business. This presumption is true for many reasons—chief among them the fact that the legal department’s primary role is to balance risk with opportunity. Such responsibility often requires endless hours spent analyzing massive amounts of contract data to forecast potential gains and minimize losses.


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Chemerinsky: What can we expect from SCOTUS in 2025?

Predictions for the coming year are always tempting, but in hindsight often seem foolhardy. No one in December 2019 could have anticipated the COVID-19 pandemic of 2020. And in December 2023, no one could have envisioned the political roller coaster of 2024. Although there is much that cannot be anticipated, the following seem realistic questions as we anticipate the new year.


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