In almost 28 years on the U.S. Supreme Court, Justice Stephen G. Breyer has been a moderate liberal on an increasingly conservative court. He has advocated interpreting statutes to achieve their purpose on a court that moved sharply away from that approach in favor of focusing on the plain language of laws. He has stressed looking at pragmatic real-world consequences on a bench that has become ever more ideological in its rulings. A former professor who specialized in administrative law, he has expressed the need for deference to the expertise of agencies at a time when more of the justices are openly hostile to the administrative state.
It’s good to be back. After my usual holiday break, I now find myself staring straight into the eyes of my fifth full year writing this column for the ABA Journal. It has been a privilege and an honor to have such a far-reaching platform for my thoughts on law and pop culture, and I look forward to continuing the content.
Now that 2021 is behind us, we’re faced with a new year looming before us, and the only thing that can be easily predicted is continued unpredictability. Pandemic surges have led to rescheduled conferences, canceled travel plans and delayed office reopenings. As a result, it’s no easy task for law firms seeking to lay the groundwork for a successful 2022. Pandemic-related uncertainty must be factored into the mix, and resiliency needs to be at the core of a law firm’s business plan.
From technology behemoths buying up dynamic startups to market-leading utility companies joining forces, there is a clear trend of market consolidation in the U.S. In the quest to curb the monopolization of industries, President Joe Biden signed an executive order in July promoting competition in the economy—which signals an upcoming increase in antitrust investigations for the legal industry.
For a change, let’s talk about change. I would like to start with one of my favorite statesmen, Sir Winston Churchill, who said, “To improve is to change; to be perfect is to change often.”
Conservatives look at 2022 in the U.S. Supreme Court with great anticipation, while liberals feel dread for what is likely to come. But all, on both sides of the political aisle, agree that 2022 is going to be a momentous year for the Supreme Court.
I’ve mentioned it more than once: Occasionally, some law-related television is simply too “real” for me to enjoy. When explaining this phenomenon, I often use Breaking Bad as an example. I’ve still never seen the entire series (I made it into season three), and although I’m a massive fan of the spinoff Better Call Saul, Breaking Bad did such a great job of portraying methamphetamine addicts that—as a practicing criminal defense attorney—I found it challenging to watch.
In December, the Trump-era “Remain in Mexico” program resumed under President Joe Biden's administration. The immigration policy, formally known as the Migrant Protection Protocols, requires the U.S. government to return certain asylum-seekers to Mexico pending the adjudication of their immigration cases in American courts.
Ari Kaplan recently moderated a discussion with the following chief executive officers for the final Ari Kaplan Advisors CEO Roundtable of 2021 about trends, challenges and opportunities in the past year and the year ahead.
