ABA Journal

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Justice Jackson's second SCOTUS opinion is also a dissent to court's refusal in death-penalty case

Justice Ketanji Brown Jackson has issued a second U.S. Supreme Court opinion that, like the first, disagrees with the court’s refusal to get involved in a death-penalty case.



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Judge didn't have jurisdiction to appoint special master in Trump documents case, 11th Circuit says

U.S. District Judge Aileen M. Cannon of the Southern District of Florida didn’t have jurisdiction to consider former President Donald Trump’s request for a special master to review documents seized from his Mar-a-Lago home in Palm Beach, Florida, a federal appeals court has ruled.



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Is designer’s refusal to create website for same-sex wedding free speech or illegal discrimination?

The case of 303 Creative v. Elenis is about whether the Colorado Anti-Discrimination Act violates the First Amendment free speech rights of Lorie Smith and her wholly owned design firm.



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Supreme Court will consider challenge to Biden's student-debt relief program, puts case on fast track

The U.S. Supreme Court has agreed to decide a challenge to the Biden administration’s student-debt relief program in a lawsuit filed by six states.



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Aftershocks: Navigating the morass of state abortion laws post-Roe

The Centers for Disease Control and Prevention reports nearly 3 million women in the U.S. have experienced a rape-related pregnancy. Still, abortion opponents are making it increasingly difficult for women who are victimized by rape or incest and who may become pregnant as a result to access the medical care they need, when they need it.



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Slow Going: Despite diversity gains, some law firm leaders bemoan lack of progress

A series of recent studies have revealed the lack of diversity in law firm partnerships—even after the May 2020 murder of George Floyd spurred the profession to respond to calls for racial justice by launching in-house diversity programs and hiring more chief diversity officers.



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Should disbarred lawyers be given second chances?

Currently, disbarment is always permanent in New Jersey and a minority of other states. In some other states, including Louisiana, disbarment can either be permanent or temporary. But in the majority of states and in the District of Columbia, disbarred lawyers may apply for readmission after a period of time—often at least five years.



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State laws targeting social media platforms face First Amendment challenges



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Lawyers are lighting up the budding cannabis industry

Justice Cannabis Co. is one of the biggest of the little guys in the rough-and-tumble, fast-paced and legally treacherous world of marijuana growing and selling.



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7th Circuit rejects First Amendment challenge to Indiana fetal-remains law

A federal appeals court has rejected a First Amendment challenge to an Indiana law requiring abortion providers to dispose of fetal remains by burial or cremation or to give the remains to patients to dispose of as they please.



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'You mean we have to feed these people?' Remark part of judge's 'habitual intemperance,' ethics complaint says

A Georgia judge is facing a 58-count ethics complaint alleging that he made improper gender-based and intemperate comments, tried to influence cases involving acquaintances, and participated in a promotional video and Facebook fundraiser for a children’s advocacy center.



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'Show the Brief': Lawyers can be better communicators by bringing visuals to their briefs

My decision to teach law more than 40 years ago has had the single biggest impact on my professional development. I made the move after working as a public defender in Seattle and as an assistant attorney general. I wanted to deepen my trial skills and thought teaching could help me.



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Georgetown Law launches fellowship program to improve public access to courts through technology

The Georgetown University Law Center plans to embed technology experts in state, local and tribal courts in September 2023 through a fellowship program intended to help improve court processes and public access to justice.



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Federal appeals court rules for ex-inmate who sued over longtime solitary confinement

A federal appeals court has ruled for a former inmate in Delaware who alleged that his seven-month solitary confinement worsened his schizophrenia and bipolar disorder in violation of the Eighth Amendment.



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Former Biden judicial pick faces possible sanctions for alleged 'countless hours wasted' in bias case

An assistant New York attorney general who was once nominated for a federal judgeship is defending his litigation decisions after a federal judge ordered him to show cause why he shouldn’t be sanctioned.



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Judge is accused of falsely claiming assault in dispute over bike rental

Updated: A Michigan judge has been accused of falsely claiming that the owner of a bicycle shop assaulted her during a dispute over the rental of a bicycle.



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Supreme Court will hear Jack Daniel's appeal over parody dog toy 'Bad Spaniels'

The U.S. Supreme Court has agreed to decide whether a parody dog toy called “Bad Spaniels” is entitled to protection from trademark infringement and dilution-by-tarnishment claims by Jack Daniel’s Properties Inc.



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Meet the two Texas attorneys behind the Children’s Immigration Law Academy

Dalia Castillo-Granados had just begun her fellowship with the St. Frances Cabrini Center for Immigrant Legal Assistance, a program of Catholic Charities of the Archdiocese of Galveston-Houston, when she met Yasmin Yavar in 2008.



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Ohio lawyer is accused of tossing poop-filled Pringles can into parking lot of victims advocacy center

An Ohio lawyer has been accused in an ethics complaint of depositing his feces into a potato chip can and then tossing it into the parking lot of a victims advocacy center.



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Lawyers struggle to make headway with growing immigrant backlog

The virtual courtroom of immigration Judge Thomas Mulligan of New York City’s Varick Street court was not exactly a well-oiled machine on a recent August morning. The judge was occupied with master calendar hearings, the docket where respondents—they would be called “defendants” in other settings—acknowledged and answered the government’s charges.



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Lawyer used deceptive 'mobile claim center' to solicit Hurricane Ian clients, Florida Bar alleges

A lawyer is denying allegations that she solicited Hurricane Ian clients using a truck designed to look like an operation of the Federal Emergency Management Agency or a state-run site. The lawyer said the Florida Bar’s petition for her emergency suspension is based on “a clear misunderstanding of the underlying facts and circumstances in this matter.”



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Deborah Ferguson fights to protect ballot initiative process and other rights in Idaho

“I read a quote recently that said we should think hard about what we owe each other as citizens and human beings,” Deborah Ferguson says. “I believe that.”



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Lawyer's testimony about client’s threat to 'bust a cap' in prosecutor warrants reversal, appeals court says

A trial court erred when it allowed a lawyer to testify about a client’s alleged threats against a prosecutor during two private conversations in the courthouse hallway, the District of Columbia Court of Appeals has ruled.



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ABA Legal Ed council advances proposal to make law school admissions tests optional

Updated: The council of the ABA Section of Legal Education and Admissions to the Bar has advanced a proposal to make standardized admissions tests optional at accredited law schools.



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