ABA Journal

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Why toxic torts are hard to litigate and win

In movies such as Erin Brockovich and A Civil Action, lawyers investigate a serious environmental problem and then sweep a jury off its feet with the force of their evidence. Environmental litigators say a case actually can take years because of the Daubert standard, which governs whether an expert witness’s opinion is admissible in court.



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Legal ethics questions and accusations of spying on the defense have stymied a Guantanamo terrorism trial

Abd al-Rahim Hussein Muhammad al-Nashiri’s civilian defense team quit. They found a microphone in the room where they met with their client, who is charged in the bombing of the USS Cole. The government says that microphone was never turned on, but thanks in part to a history of spying on defense lawyers at Guantanamo, lawyers didn’t trust those reassurances.



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Legal aid program in Oklahoma is dedicated to representing moms in trouble

The group Still She Rises seeks to address criminalization and incarceration of women in Oklahoma, focusing on helping indigent mothers in northern Tulsa, a historically impoverished and underresourced community. Still She Rises began taking clients in January 2017 as the first pro bono law office in the country specifically dedicated to representing mothers involved in the criminal justice system.



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Are free speech and academic freedom under assault at colleges and universities?

Many see the case of Teresa Buchanan at Louisiana State University as emblematic of the precarious state of academic freedom for college and university professors. Others view the case as an example of the perils of applying a categorical rule to limit professorial speech.



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More law firms join 'best for women' lists, but statistics are stalled

More firms than ever before vied for a spot on the 11th annual Working Mother Best Law Firms for Women 2018 list. Yet women still face career challenges in large law firms.



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California asserts global power in defiance of Trump administration policies

Gov. Jerry Brown’s defiant posture underscores how U.S. states and municipalities are increasingly venturing into the realm of international affairs as they mobilize against Trump administration policies in areas such as the environment, immigration and human rights.



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Justice Ruth Bader Ginsburg has become an unlikely pop culture icon

Ruth Bader Ginsburg has built a career overcoming the odds. That she has crossed over into the mainstream says a lot about where this country is today, as well as what kind of heroes people are looking for.



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Candy and snack companies sued for packages with empty space instead of extra product

Federal and state slack-fill lawsuits charge that companies cheat shoppers with deceptively large packages.



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How a rural murder case could return nearly half the state of Oklahoma to tribal control

Patrick Murphy doesn’t deny participating in the murder and mutilation of George Jacobs in 1999.

But it’s possible that his conviction doesn’t count. As Murphy argued in a habeas appeal to the 10th U.S. Circuit Court of Appeals at Denver, he’s a member of the Muscogee (Creek) Nation, as was Jacobs, and the murder took place on land that was part of the tribe’s reservation as defined by an 1866 treaty.



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The job is killing them: Family lawyers experience threats, violence

A series of surveys on violence against lawyers shows that family lawyers face disproportionate amounts of threats and violence compared to other lawyers. Almost all lawyers in the 27 states surveyed said they’d received some kind of threat or experienced violence. But the rate for family lawyers was higher.



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