Columns

Top 5 most important judicial analytics metrics

The judge in your case has immense discretion to decide the pace and outcome of your case. Given this truism, what judicial qualities can you measure in advance to best set you and your client up for success?

Oct 11, 2021 2:00 PM CDT

New PBS documentary examines Justice Sandra Day O’Connor’s legacy

Not long ago, PBS reached out to me regarding a new installment in their “American Experience” series, entitled Sandra Day O’Connor: The First. I was immediately interested; however, I had already started work on two other columns that would take precedent. Be that as it may, I hate to pass up an invitation from a respectable distributor. Consequently, I wanted to take the time to review the program, as I feel later is better than never.

Oct 7, 2021 11:03 AM CDT

Are government bans on the teaching of critical race theory unconstitutional?

According to recent reports, local legislators have enacted bills in eight states banning the teaching of critical race theory in public schools, colleges and universities. Similar measures have been or soon will be introduced in 20 more.

Oct 7, 2021 10:22 AM CDT

Attorneys and the art and science of persuasion

A great deal of practicing law is persuading someone to believe, act or agree with your client’s position, whether it is in a courtroom, a boardroom, a negotiation or at a dinner table. We seek to persuade juries, judges, colleagues, friends, family or the press that we are right and that others are not. Unfortunately, the art of persuasion is not taught in all law schools.

Oct 6, 2021 10:23 AM CDT

Bryan Garner touts the Michigan Bar Journal’s celebration of plain English

The Michigan Bar Journal has just reached a landmark of 37 years in sustaining its monthly column on plain language in the law. Over the years, the column has exploded all the various myths about plain language in the law.

Oct 1, 2021 1:50 AM CDT

Chemerinsky: Expect a truly extraordinary year at the Supreme Court

Every Supreme Court term has important decisions that change the law and affect people’s lives, but some years are blockbusters in the number of high-profile, significant rulings. The October 2021 term, which begins on Monday, Oct. 4, promises to be such a year. It is the first full term with the court’s current composition.

Sep 30, 2021 9:07 AM CDT

Manage your firm’s phone system from anywhere with VoIP

As we head into the fall and face continued uncertainty, it makes sense to take steps to build resiliency into your law firm to ensure it can thrive no matter what disruptions we encounter. If you’re behind the curve, the good news is that there are things you can do to prepare your firm for whatever the future may bring and make it possible to operate and profit no matter where your firm’s employees are located.

Sep 27, 2021 9:02 AM CDT

Best practices for integrating new tools into a law department’s portfolio

Ari Kaplan recently spoke with Oliver Round, managing counsel, product owner for contract lifecycle management and co-head of legal data management and advisory at BNY Mellon.

Sep 24, 2021 9:20 AM CDT

Don’t argue with your health: How a rare brain illness ended my legal career

Lawyers are busy. We have intense jobs, and the stressors are endless. Emotional clients ask us to work magic, we’re continuously in adversarial positions and our days require flawless focus. The cycle of work, bill, prepare and work more, can be vicious.

Sep 22, 2021 11:16 AM CDT

Can Brazilian jiujitsu curb police violence? HBO’s ‘Real Sports’ takes a look

People in high-pressure occupations often find themselves in dangerous situations. Sometimes that danger rears its head via emotional exhaustion, mental health issues or physical outbursts of aggression. When individuals spend the majority of their time in a high-stress environment, it’s sadly far too easy to allow that stress to manifest…

Sep 22, 2021 10:04 AM CDT

Advocating for human rights for workers around the world is part of the ABA’s mission

Next time you put on that top fashion-brand garment made in Bangladesh, consider the workers who produced it. Are they still alive, despite wages below poverty level and unsafe working conditions? Or have some been killed or injured in a factory collapse or fire, or in an attempt to strike…

Sep 14, 2021 4:00 PM CDT

Sports gamblers tried their luck with courts long before betting became legal

The National Football League just kicked off its new season. The opening week’s games were played against a backdrop of widespread legalized sports wagering. The Wall Street Journal recently reported that the activity, which is permissible in 32 states and the District of Columbia, is poised to generate revenue of about $4 billion in the U.S. this year.

Sep 14, 2021 3:03 PM CDT

For immigration law, a perfect storm creates challenges and opportunities for firms

Three key developments are driving a dramatic increase in U.S. immigration activity in 2021. As a result, immigration law firms are bracing for a huge influx of cases. In this rapidly evolving practice area, technology and process automation are increasingly important for immigration attorneys seeking to meet the challenge.

Sep 14, 2021 12:04 PM CDT

Do lawyers make simple things difficult?

Are we windbags? Do we waste too much time on trivialities?

Sep 13, 2021 3:06 PM CDT

‘Framing Britney Spears’ examines the singer’s conservatorship

Social media is a blessing and a curse. We are at a point in human civilization where it’s never been easier to communicate with each other. Whether via Facebook, Twitter, Instagram, Snapchat or any other platform, we have reached a position in our society where it arguably takes little to no effort to correspond with loved ones, those we despise and everything in between.

Sep 9, 2021 9:30 AM CDT