Legal History

1039 ABA Journal Legal History articles.

Fair game: Does the fair use doctrine apply to Andy Warhol’s pop art?
The acclaimed “Andy Warhol—From A to B and Back Again” exhibit of more than 400 of Andy Warhol’s works has been making the rounds from New York to San Francisco to Chicago. Even casual observers have a sense of Warhol’s groundbreaking pop-art style. Yet there is one surprising legal question of fair use and transformative value that begs consideration: Just what is a “Warhol”?
Take a gander at our favorite 2019 slideshow galleries

From famous celebrity prenups to groundbreaking black lawyers to First Amendment milestones, the ABA Journal presents our favorite slideshow galleries from this year. Which gallery was your favorite?


‘Watchmen’ shows just how far policing police could go

“Quis custodiet ipsos custodes?”

Although the Latin used by Juvenal in his ancient Roman Satires literally translates to “Who will guard the guards themselves?” comic book author Alan Moore transported…

Is ‘The Irishman’ right about Hoffa? US attorney promises ‘more to come’
The U.S. attorney for the office that investigated Jimmy Hoffa’s disappearance isn’t relying on the Netflix movie The Irishman for its theories of the case. Nor is a law professor whose stepfather was portrayed as the man who drove Hoffa to his death.
A prosecutors’ leadership retreat in Berlin offers a stark reminder to remain vigilant

On a personal level, it was difficult to travel to a country responsible for the atrocities of the Holocaust and face ghosts of the past. But it was also heartening to see how Germany has reckoned with its shameful history. And there is much we can learn from that, writes Miriam Aroni Krinsky, who spent 15 years as a federal prosecutor and is the executive director of Fair and Just Prosecution.

Nov. 18, 1883: US railroads enact standard time zones

The Providence & Worcester Railroad wreck was one of 11 major railroad accidents that killed 121 people in 1853. For decades after the P&W disaster, notions of time and timetables remained local and, for the most part, chaotic. By 1883, railroads were using 56 different time standards to schedule trains nationwide. A new system, designed on a time set by the U.S. Naval Observatory, took effect Nov. 18, 1883.

Lawyer urges full 11th Circuit to release grand jury records of unsolved 1946 lynching
A historian who researched the 1946 lynching of two black couples in Georgia is no longer alive to pursue his quest for grand jury records in the case. But a lawyer for his widow continued the fight in arguments before an en banc federal appeals court Tuesday.
Afternoon Briefs: Sentence in killing of tax lawyer; SCOTUS lawyers get 2 uninterrupted minutes

Former city council member sentenced for killing his tax attorney

An 84-year-old former city council member in Cedar Lake, Indiana, was sentenced to 55 years in prison Thursday for killing…

Are the legacies of Oliver Wendell Holmes in a ‘head-on-crash’?

A review of the latest biography on Oliver Wendell Holmes suggests the late justice’s legacies of respect for democracy and his evolving defense of the First Amendment “are in…

On prison and rehabilitation: ‘The Shawshank Redemption’ 25 years later

Stephen King’s novella premiered as an adapted motion picture that earned seven Oscar nominations. The depictions of the adjustment challenges of reentry have been referenced in several professional journals on incarceration. But what of the significance?

African American farmer’s legal battle to save his family farm is focus of ‘Catfish Dream’
Ed Scott was the first-ever nonwhite owner and operator of a catfish plant in the nation. The former sharecropper-turned-landowner was part of a class action lawsuit that resulted in one of the largest civil rights settlements in U.S. history. With the settlement of Pigford v. Glickman in 1999, almost $1 billion has been issued to more than 13,000 African American farmers to date.
Afternoon Briefs: New win for flag burner in SCOTUS case; Johnson & Johnson seeks mistrial for stricken closing

News Roundup

A trusts and estates lawyer unearths his family’s past

Terrence Franklin, a partner in the Los Angeles trusts and estates litigation firm Sacks Glazier Franklin & Lodise, set out on a journey of discovery and on a path to pursue justice. He discovered documents that revealed his family’s history.

ABA Medal recipient Dale Minami built a career around inclusion and civil rights for Asian Americans

Dale Minami—known as one of the lawyers who helped overturn the conviction of Fred Korematsu, the Japanese American man whose name is on a notorious and widely repudiated U.S. Supreme Court case—has been awarded the ABA Medal, the association’s highest honor.

Oct. 2, 1780: John Andre executed

John Andre, a British army major during the American Revolution, was held in esteem as an officer and a gentleman, though he would be sentenced to death—with great regret—as a spy.

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Judge apologizes for 'deplorable' letters he wrote to college newspaper about gay people and AIDS
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Why you should insist on diversity in your law practice
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The court of public opinion: Why litigation PR is a critical component of a case
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