ABA Journal

Latest Features

Taking Sides: Courts are grappling with how to handle claims of parental alienation



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What I wish I'd learned in law school



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Art Lien sketched court figures for 45 years, from blockbuster cases to the arcane

Art Lien retired at the end of that 2021-22 term after 45 years of sketching the U.S. Supreme Court. “I turned 70, have no debts and my eyesight isn’t getting any better,” Lien says. “It was time.”



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Firms are helping employers navigate post-Dobbs health benefits and abortion coverage

With dozens of state legislatures holding their first sessions of the post-Roe v. Wade era, some firms are proactively counseling clients on the highly complex, politically charged and quickly shifting landscape surrounding employee benefits and abortion laws. In doing so, attorneys have to consider real and hypothetical civil and criminal liabilities.



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When artists gain fame after death, questions can arise over copyright ownership

Several legal fights have pitted family members of an artist who died without a will against parties accused of commercially exploiting the artist’s work. Collectors or entrepreneurs who have obtained an artist’s physical work may then be tempted to try to profit from its underlying intellectual property, but they are different things.



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Supreme Preparation: What attorneys go through before facing the nine

For first-time advocates before the U.S. Supreme Court, it can come as a shock when they realize how close they are to the justices—so close some are just out of their sight line. In the words of Supreme Court veteran Neal Katyal, Chief Justice John Roberts “sees everything—he sees you sweat.”



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Lawyer banned from Madison Square Garden isn't entitled to injunction, New York appeals court rules

A lawyer banned from Madison Square Garden after suing the venue isn’t entitled to an injunction forcing Madison Square Garden to admit him and his colleagues to events, according to a New York appeals court.



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Retired Florida judge died after eating tainted Jif peanut butter, suit claims

A retired Florida judge died in July 2022 after eating peanut butter that was contaminated with salmonella, according to allegations in a lawsuit seeking damages from the maker of Jif and the grocery store that sold it.



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Studies supporting mismatch theory are replete with 'demonstrably incorrect' assumptions, law prof says

Studies supporting an “academic mismatch” theory claim that students are harmed by racial preferences, but the data doesn’t support that assertion, according to a professor at the University of California at Los Angeles School of Law.



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Law and politics comingle in DC insider’s memoir

After decades as a legal insider and observer of some of the most consequential moments in modern U.S. history, James Hamilton retired from law and picked up his pen. In his new memoir, Advocate, Hamilton shares fascinating tales of the power brokers and politicians who helped steer the course of the country.



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A horse is a horse—of course? Oregon Supreme Court denies plaintiff horse case review

It was an open and shut case of neglect. The victim in rural Oregon was starved, denied proper shelter and suffered from frostbite and grave injuries. His caregiver pled guilty in 2017 to criminal neglect. A year later, damages were sought for the 8-year-old victim to cover the lifelong medical care necessary for his physical and emotional injuries. But in Justice v. Vercher, the plaintiff is not a child. He is a horse.



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Does woman who checks websites for disability compliance have standing to sue? Supreme Court will decide

The U.S. Supreme Court on Monday agreed to decide whether a woman who tests hotel websites for compliance with the Americans With Disabilities act has standing to sue if she has no plans to stay at a targeted hotel.



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Prosecution of environmental lawyer Steven Donziger broke 'basic constitutional promise,' 2 SCOTUS justices say

Two conservative justices are raising concerns about judge-appointed prosecutors in a dissent from the U.S. Supreme Court’s refusal to hear the case of disbarred environmental lawyer Steven Donziger.



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Majority of lawyers have no immediate plans to use generative AI, LexisNexis survey finds

Only 10% of lawyers think that generative artificial intelligence tools, such as ChatGPT, will have a “transformative impact” on the practice of law, and 60% of lawyers have “no plans to use [the technology] at this time,” according to the results of a LexisNexis survey.



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Law schools employ texting service to keep tabs on students' mental health

With growing numbers of law students facing mental health challenges, at least five law schools are using a service to proactively identify struggling students and intervene as soon as possible.



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Members will return to Capitol Hill for in-person advocacy during ABA Day

For the first time since 2019, the ABA is convening on Capitol Hill for ABA Day. The annual advocacy event, which is scheduled for March 27-29, is an opportunity for Congress members to hear directly from their constituents about the association’s legislative priorities. Top of this year’s list: funding for the Legal Services Corp.



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Lawyer's suit over disclosure of ABA Journal subscription tossed by federal judge

A federal judge in Detroit has tossed a Michigan lawyer’s lawsuit contending that the American Bar Association disclosed his membership, and therefore his ABA Journal subscription, to list brokers and others in violation of state law.



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86-year-old lawyer caught on video groping multiple clients avoids disbarment

An 86-year-old Missouri lawyer has been suspended, but not disbarred, for groping five clients and touching another on the buttocks—all incidents that were caught on video.



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Lateral hiring dropped last year, fueled by decline in associate market, NALP report says

Lateral hiring decreased by 11.5% in 2022 as a result of cooling in the market for lateral associates, according to a report by the National Association for Law Placement.



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State constitution protects right to abortion to protect life of mother, top Oklahoma court rules

Women in Oklahoma have a state constitutional right to an abortion when needed to save their lives, the Oklahoma Supreme Court has ruled.



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Supreme Court sides with deaf student in quest for damages for inadequate education

The U.S. Supreme Court on Tuesday ruled that a deaf student can pursue damages for an inadequate education under the Americans With Disabilities Act, even though he didn’t exhaust remedies under a federal education law.



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ABA announces 30 finalists for 2023 Silver Gavel Awards

For the past 65 years, the ABA has recognized outstanding work that fosters the public’s understanding of law through its Silver Gavel Awards for Media and the Arts. This year, the association has selected 30 finalists, which include books, commentaries, documentaries, drama and literature, magazines, multimedia, newspapers, radio and television programs.



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Federal judge says motion is littered with 'unnecessary potshots and hyperbole,' offers chance to refile

A Chicago lawyer apparently declined to take up a federal judge’s offer that she file an amended motion that omits the “potshots and hyperbole” of the original.



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Impurr-fect evidence dooms suit over couple's initial plans to declaw adopted Himalayan kitten

A Louisiana law governing the sale of good worth more than $500 has doomed a lawsuit filed by a woman seeking to prevent the declawing of a Flame Point Himalayan kitten she sold to a North Carolina couple.



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