Originalism is the ascendant legal theory espoused by conservative legal thinkers, including the majority of U.S. Supreme Court justices. But far from being an objective framework for constitutional interpretation, says author and attorney Madiba K. Dennie, its true purpose is to achieve conservative political aims regardless of the historical record.
Networking is something that comes naturally to some people. But if the idea of talking to strangers makes you break out into a cold sweat, there's help and hope, says Deb Feder, author of the book After Hello: How to Build a Book of Business, One Conversation at a Time.
Widely hated by lawyers and clients alike, the billable hour has nevertheless proven to be more resilient than cockroaches, Twinkies and those nonbiodegradable containers that you used to get fast-food restaurants.
From the COVID-19 response to the overturning of Roe v. Wade, the results of 50 states having individual approaches to public health, medical outcomes and health care access raise troubling questions. A husband-and-wife team of University of Utah professors dig into the ethics of the American health care system in States of Health: The Ethics and Consequences of Policy Variation in a Federal System.
When the Trump administration's policy of separating families at the country's borders was announced, opposition from the public and the legal community was swift. The outcry and judicial decisions led to a reversal of the administration's stated policy. But detention and family separation have a long history in this country, history professor Ana Raquel Minian says.
The legal professional lacks diversity. In other news, the sun is hot, law school is expensive and junk food is bad for you.
"Trespassing plus time equals adverse possession," Paul Golden writes in his new book, Litigating Adverse Possession Cases: Pirates v. Zombies. When someone has occupied or used a piece of property as though they own it for long enough, a court could determine that they are the rightful owner—regardless of what the paperwork says. It's a concept more popularly discussed as squatter's rights.
James Patterson has written bestsellers in many genres. But as he tells the ABA Journal's Lee Rawles in this episode of The Modern Law Library podcast, he has always been fascinated by legal thrillers, courtroom dramas and crime novels. He even considered becoming a lawyer—before his literary career took off.
For the longest time, one of the staples of any courtroom has been the stenographer. Typing on a small machine that produced a seemingly random series of letters onto a small strip of paper about the same size as what cash registers use to produce receipts, being a court reporter required extensive training and superhuman attention span. One missed sentence or one inaccurate transcription and the entire trial record could be compromised.
Three high-profile cases of sexual assault in 2012 followed a basic pattern: A teenage girl was sexually assaulted at a house party by one or more teenage boys while she was incapacitated by alcohol. The attacks were recorded, and the photos, videos and stories were shared on social media or via texts. The photos and videos were used to ridicule the victims among their peers. Those texts and posts later became evidence in criminal cases.
Ray Brescia, a law professor at Albany Law School in New York, has taken a hard look at the country's legal system in his new book, Lawyer Nation: The Past, Present, and Future of the American Legal Profession.
In Police & the Empire City: Race & the Origins of Modern Policing in New York, Matthew Guariglia looks at the New York City police from their founding in 1845 through the 1930s as "police transitioned from a more informal collection of pugilists clad in wool coats to what we can recognize today as a modern professionalized police department."
It’s that time of year again. The ABA’s annual technological showcase—the ABA Techshow 2024—starts Feb. 14 and runs through the weekend in Chicago at the Hyatt Regency Chicago.
After 50 years as a professor at Yale Law School, Owen Fiss says his students are still idealistic and passionate about the rights won in the Civil Rights Act of 1964 and Voting Rights Act of 1965.
The impact for people clearing their criminal records can be life-changing, leading to long-term employment and financial security. And research shows that it also helps prevent recidivism. But the path to expungement is not always easy, requiring people with criminal records to navigate an unfamiliar, costly and drawn-out process. That’s where lawyer Noella Sudbury comes in.
In 2013, the ABA Journal named Renee Knake Jefferson a Legal Rebel for her work co-founding the Michigan State University's ReInvent Law Laboratory and rethinking how legal services could be delivered to consumers. In 2024, she's looking back at more than a decade of research and experimental programs aimed at improving access to justice—the successes and the failures.
Looking for a new listen? We've picked our favorite 2023 episodes from each of the ABA Journal's three podcasts, one of which is bidding adieu after a 13-year run. If this whets your appetite, find all our past episodes on our podcast page. You can also check out more legal podcasts from our partners at Legal Talk Network.
There are lawyers who love the practice of law so much that they'll only leave it feet first—and in a box. But for those who'd prefer to exit the bar before closing time, Kevin McGoff has advice on planning that next chapter.
As 2023 draws to a close, the Legal Rebels Podcast looks at the top stories in legal technology for the year.
It's the time of year when The Modern Law Library hosts like to look back on the media that we've enjoyed: our annual pop culture picks episode. This year, host Lee Rawles is joined by three ABA Journal reporters: Julianne Hill, Amanda Robert and the Journal's newest employee, Anna Stolley Persky.
ABA Journal
• Asked and Answered
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• Legal Rebels
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• The Modern Law Library
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Commission on Domestic & Sexual Violence
On the Ground
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Commission on Lawyer Assistance Programs
• The Path to Law Student Well-Being
Family Law Section
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Compelling Conversations with Colleagues
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Health Law Section
Law Student Division
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Legal Career Center
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Section of Environment, Energy and Resources
ABA Section of Environment, Energy and Resources
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Section on Litigation
Standing Committee on Law and National Security
National Security Law Today
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Tort, Trial and Insurance Practice Section
Initiative on Disaster Preparedness and Response
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