Columns

Chemerinsky: COVID-19 ruling reveals much about the new Supreme Court

We are accustomed to major U.S. Supreme Court decisions in late June as the term winds to a conclusion; rarely, however, is there a blockbuster ruling a few minutes before midnight the night before Thanksgiving. But the court’s ruling Nov. 25 in Roman Catholic Diocese of Brooklyn, New York v. Cuomo is quite important and tells us a great deal about the new court.

Dec 3, 2020 9:14 AM CST

There’s a formula for effectively explaining caselaw

Legal writers are constantly called on to explain things. Among the most difficult and predictably recurrent types of explanation is why a legal precedent bears on a point to be decided. Although every lawyer must be prepared to do this, it’s surprisingly tricky.

Dec 1, 2020 12:50 AM CST

Can being forced to listen to ‘Baby Shark’ be considered cruel and unusual punishment?

I can’t pinpoint exactly what makes the song so intolerable after repeated listens. All I know is I’m not alone. Other adults have realized “Baby Shark” can be weaponized, and they are using it to their advantage.

Nov 24, 2020 9:05 AM CST

Assistant GC and firm partner discuss the future of client collaboration

Ari Kaplan recently spoke with Megan O'Flynn, an assistant general counsel at the International Swaps and Derivatives Association, and Doug Donahue, a partner in the finance practice at Linklaters in New York City, about ISDA Create—a collaboration between the ISDA and Linklaters.

Nov 20, 2020 9:02 AM CST

The power of decency in the legal profession

There is a fever in America today. This fever is running at a very high pitch, and it has nothing to do with the pandemic.

Nov 19, 2020 3:32 PM CST

The COVID-19 consequence: Emerging talent is at risk

For those students who did not land an entry-level job at a BigLaw firm, the circle is truly vicious as they attempt to launch their careers in an unwelcoming and unstructured environment, write Jonathan Greenblatt and Bryan Parker of Legal Innovators.

Nov 16, 2020 8:52 AM CST

5 steps law school deans can take to improve diversity and inclusion

The tragic deaths of George Floyd, Ahmaud Arbery and Breonna Taylor have highlighted to the world that systemic racism exists. It has caused many law schools, law firms and other legal employers to grapple with how to foster more diversity and inclusion as well as what it means to be antiracist.

Nov 12, 2020 3:57 PM CST

The truth, the whole truth and nothing but: Lawyers and concepts of truth and honesty

“You can’t handle the truth!” This is the iconic line from the 1992 military courtroom film, A Few Good Men. Col. Nathan Jessup (Jack Nicholson) bellowed these words to Lt. Daniel Kaffee (Tom Cruise) during Kafee’s intense cross examination. Given the current pandemic, I find myself—like many of, us no…

Nov 10, 2020 2:42 PM CST

Conference brings together panelists to discuss ensuring a better tomorrow for all

In the wake of the 2020 U.S. presidential election, the ABA Section of Civil Rights and Social Justice Rights of Immigrants Committee, in strategic partnership with the German Marshall Fund of the United States, is hosting a policy summit designed to advance racial equity and social justice principles.

Nov 9, 2020 2:26 PM CST

8 tips for lawyers on how to build resilience

A popular keyword for psychologists and transformational leaders these days is “resilience.” The dictionary definition of resilience is the ability to recover. Synonyms are “perseverance,” “elasticity,” “toughness,” “flexibility” and “durability.”

Nov 4, 2020 2:44 PM CST

Social justice meets Pro Bono Week: What is your plan?

Thirty-five years ago, I was a know-nothing 25-year-old associate at Shook, Hardy & Bacon, where I still practice, when a senior partner asked me to take a case on behalf of a single parent.

Oct 29, 2020 11:02 AM CDT

Chemerinsky: SCOTUS considers whether religious freedom also means freedom to discriminate

On Nov. 4, the U.S. Supreme Court again will face one of the country’s most divisive constitutional issues: Does the First Amendment’s protection of speech and religion provide a basis for violating laws that prohibit discrimination against gays and lesbians?

Oct 29, 2020 10:27 AM CDT

How to make better decisions with litigation analytics software

If you’re a litigator, you know that knowledge is power. The more you know about the court, opposing counsel, expert witnesses, the parties and the judge, the better. This is because more information allows you to make sound, informed decisions to help you achieve a successful end result for your client.

Oct 27, 2020 2:53 PM CDT

Law firms must do more effective damage control to survive

When I sat down to write this column, my thoughts were interrupted by a mechanical noise coming from my backyard. It was the comforting sound of the weekly “test run” of the generator that keeps our house powered during electrical outages.

Oct 26, 2020 3:10 PM CDT

Investment bank managing director discusses legal tech market and lasting impacts of COVID-19

Ari Kaplan recently spoke with Scott Mozarsky, a managing director with the Jordan, Edmiston Group Inc., a middle-market investment bank, where he leads its legal and compliance practice.

Oct 23, 2020 11:00 AM CDT