ABA Journal

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Supreme Court gives Jack Daniel’s a chance to prove infringement in 'Bad Spaniels' trademark parody case

There is no “special First Amendment protection” for product parodies that use trademarks as their own trademarks, the U.S. Supreme Court ruled Thursday in a case involving Jack Daniel’s and the maker of a parody dog toy.



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In 'stunning development,' Supreme Court rules Alabama election map violates Voting Rights Act

The U.S. Supreme Court has struck down a congressional voting map that dilutes Black voting strength in Alabama, stating that it would “decline to recast” its caselaw as urged by the state.



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Would nearly all felon gun bans be struck down under new 3rd Circuit opinion? Dissenter thinks so

An en banc federal appeals court has ruled that a man convicted for food stamps fraud has a Second Amendment right to possess a gun—despite a federal law to the contrary.



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As culture wars continue, City University of New York School of Law is latest target

The City University of New York School of Law is one of many in the past year to have bad press days, or perhaps bad press weeks, following student activities involving sensitive topics.



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Nation's first youth climate lawsuits to go to trial

Held v. State of Montana is part of a growing trend in climate-related litigation: shifting away from lawsuits targeting specific fossil fuel projects and toward a bigger-picture approach focusing on fundamental rights and broad violations of public trust.



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BigLaw firm was 'caring only about its bottom line' when it wrongly fired pregnant associate, suit says

A former intellectual property associate at DLA Piper has filed a gender bias lawsuit alleging that DLA Piper fired her because she sought maternity leave.



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Role of nonlawyer assistants in client intake addressed in new ABA ethics opinion

Lawyers may train nonlawyer legal assistants to handle client intake matters, but they must ensure that such assistants’ conduct is compatible with the lawyer’s professional obligations, including giving clients an opportunity to consult with the lawyer about questions, according to an ethics opinion from the ABA Standing Committee on Ethics and Professional Responsibility released Wednesday.



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Lawyer censured for using TeamViewer to snoop on former firm's business activity

A lawyer in Cherry Hill, New Jersey, has been censured after acknowledging that he “fell into stupid” and accessed his former law firm’s computer system to monitor his former partner’s business activity.



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Bar admission denied for applicant who rose to law firm partnership without law license

A New York appeals court has denied bar admission to a 2000 law graduate who practiced law for nearly 10 years without a license, rising to law firm partnership.



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Plea bargaining reform urged by ABA task force in new report

An increasing number of criminal cases are not going to trial, and the implications have negative consequences for the entire justice system, according to a new report by the ABA Criminal Justice Section’s Plea Bargaining Task Force.



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11th Circuit vacates sanctions against Dechert partners, orders new hearing

A federal appeals court has vacated sanctions against two Dechert partners and ordered the judge who imposed the punishment to consider whether the attorneys subjectively engaged in bad-faith conduct.



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Jackson is lone dissenter as Supreme Court allows company to sue union in state court

The U.S. Supreme Court’s newest justice was the only dissenter Thursday, when the high court allowed a concrete company to sue a union local in state court for alleged destruction of corporate property.



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'Significant noncompliance' in admissions standard for Pontifical Catholic found by ABA Legal Ed council

The Pontifical Catholic University of Puerto Rico School of Law is out of compliance with an accreditation standard involving admissions, according to a notice posted Wednesday by the council of the ABA’s Section of Legal Education and Admissions to the Bar.



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How ChatGPT and other AI platforms could dramatically reshape the legal industry

ChatGPT represents a dizzying leap in the capabilities of generative AI, which can create original content based on the dataset the technology draws upon. But while some in the industry are exploring its potential to aid in legal research, contract review, communications and litigation strategy, there is plenty of hand-wringing about how it could make lawyers obsolete.



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Some law schools already are using ChatGPT to teach legal research and writing



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Citizen Sleuths: True-crime fans are on the case, but what happens when they're wrong?

With the popularity of social media platforms like Facebook, TikTok, Reddit, Twitter and YouTube, online armchair detectives have been able to help authorities in some cases by offering tips. But there also have been instances of misinformation, fake experts and unsupported theories being presented as fact and of innocent people being targeted.



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School districts sue social media platforms, saying they're harming youths' mental health



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Municipal ordinances can banish low-level offenders for petty offenses



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States reconsider the permanent sanctions of child abuse registries

Just one phone call accusing someone of child abuse, whether it turns out to be true or not, can mark that person for life, slapping them with a host of collateral consequences outside of the criminal justice system.



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Parental Penalties: Collateral consequences reverberate through families long after sentences are served

Parents, like all those returning from prison, face more than 40,000 statutes and regulations nationwide that make reentry into their communities a challenge. Many consequences are imposed indefinitely, impacting the family for the rest of the parent’s life, no matter how long they have been home or how well they reintegrate into society.



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Rights Work: UChicago constitutional law course brings together incarcerated youths, law students

The eight-week class is designed to give incarcerated youths an opportunity to consider their rights while exposing the law students to the younger students’ worldview through in-class discussions on topics that include freedom of speech, due process and reproductive freedom, along with weekly mentoring sessions.



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Law school clinics tackle challenging issue of heirs’ property rights

Heirs’ property is a name given to a home or land left to family members without an effective deed or will. With no clear title proving ownership, it can be difficult for descendants to sell or lease their property, build equity, or take advantage of homeowner assistance funds or disaster relief.



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Supreme Court decision in wetlands case will impair flood control, affect water quality, Kavanaugh warns

The U.S. Supreme Court ruled against the U.S. Environmental Protection Agency on Thursday in its bid to classify an Idaho property as protected wetlands.



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SCOTUS rules for grandmother in tax foreclosure takings fight; Jackson again pairs with Gorsuch

Updated: The U.S. Supreme Court ruled Thursday that a 94-year-old woman could pursue a claim that a tax foreclosure sale violated her rights under the Fifth Amendment’s takings clause.



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