ABA Journal

Latest Features

Tipping the balance of justice

While President Donald Trump’s brash style and bold actions in dealing with the other branches of government have made the study of the separation of powers popular again, the greater concern is a more subtle balance of powers within the executive branch—the level of independence accorded the Department of Justice.



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The executive branch pushes the boundaries of the separation of powers

When President Donald Trump was elected with what he saw as a mandate to shake things up, the stolid study of constitutional law suddenly became operatic, including the political doctrine of the separation of powers. Aspects of it are now dramatic topics, sometimes even on the street in a fashion, though only a quarter of Americans can name the three branches of government.



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Abuses revealed of watchdog public-records laws

State freedom of information laws are intended to allow citizens to keep tabs on their governments. While they expose wrongdoing, mismanagement, reckless spending and even scandal, they also can be abused.



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Bail industry battles reforms that threaten its livelihood

Although reformers say an algorithm called a risk assessment decreases crime rates, reduces jail populations and increases government savings, the bail bond industry sees a permissive tool that is bad for public safety and an existential threat.



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Results may vary in legal research databases

In a comparison of six legal databases—Casetext, Fastcase, Google Scholar, Lexis Advance, Ravel and Westlaw—when researchers entered the identical search in the same jurisdictional database of reported cases, there was hardly any overlap in the top 10 cases returned in the results.



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Blockchain-based initial coin offerings chart uncertain legal terrain

An initial coin offering allows accredited investors to bankroll the creation of a blockchain that will repay them in “coin” or “token” credits that can be traded. Unlike an initial public offering, an ICO does not confer equity in the company.



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The dangers of digital things: Self-driving cars steer proposed laws on robotics and automation

Increased reliance on robotics, artificial intelligence and automation tests whether laws and regulations designed to protect those humans are sufficient or whether new laws are necessary.



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Law school and university namesakes stir up controversial pasts

Controversies over names and racist histories at colleges and universities are not isolated incidents.



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Circuit split on constitutionality of legislator-led prayer may lead to SCOTUS review

The great church-state debate appears to be headed to the high court. At issue is the constitutionality of so-called legislator-led prayer before public meetings. With federal appeals courts divided, the justices may soon consider whether local officials violate the establishment clause when they open meetings with prayers.



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Lawyer fashion evolves to reflect personality and tradition

Traditionally, lawyers have been among the most conservative dressers around. Although there hasn’t exactly been a sea change in the underlying dress principles, there has been a growing trend toward comfort and style that many are embracing.



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