ABA Journal

Latest Features

Wanted: Lawyers to help with this year’s election

The Task Force for American Democracy, formed by immediate-past ABA President Mary Smith last year, is on the front lines. In recent months, its members conducted a cross-country listening tour to discuss improving public trust in the electoral process. It also released an analysis outlining current threats to elections and ways lawyers and state and local bar associations can help protect the system.



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How to combat cybersecurity threats when using artificial intelligence

If you’re nervous about cybersecurity threats to your law firm, you’re not alone. While cybersecurity will always be a threat, especially if you’re using artificial intelligence, there are ways to combat it.



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Worried your legal work could contribute to clients' criminal conduct? New ABA ethics opinion shares guidelines

What are lawyers’ duties to assess the facts and the circumstances of every client’s or potential client’s situation—to ensure that the representation does not contribute or further the client’s criminal or fraudulent activity? This question is addressed in a new ethics opinion from the ABA’s Standing Committee on Ethics and Professional Responsibility.



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SCOTUS allows Arizona voter-registration law requiring proof of citizenship

The Supreme Court cleared the way Thursday for a provision of Arizona law that requires proof of citizenship to register to vote in some circumstances, the first time the high court has weighed in on a voting dispute in the run-up to the presidential election.



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Give Us a Break: Supreme Court's summer hiatus interrupted by emergency docket cases

Updated: After a blockbuster and contentious term that spilled over into July, U.S. Supreme Court justices were no doubt eager for their summer recess to begin. But at a recent annual judicial conference, Justice Elena Kagan addressed the idea of the court’s summer recess, bemoaning a trend of recent years in which the press of emergency actions encroached on the justices’ relaxation.



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Family sues judge who ordered teen to be handcuffed after she fell asleep

The mother of a teenage girl sued the Detroit judge who detained and handcuffed her daughter after she fell asleep during a field trip to his courtroom.



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Tenured professor sues St. Thomas College of Law after firing

Updated: A tenured professor filed a civil lawsuit against the St. Thomas University Benjamin L. Crump College of Law in the Eleventh Judicial Circuit in Miami-Dade County after being fired, claiming she did not receive due process in violation of her contract.



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Federal judge strikes down FTC rule banning noncompete agreements

A federal judge in Texas on Tuesday struck down the Federal Trade Commission’s ban on noncompete agreements, finding that the agency exceeded its authority with a rule that would have voided contracts that bar workers from moving to rival employers.



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Expunging attorney discipline records could come with risks, according to new paper

A new working paper claims that attorneys who have their disciplinary records expunged are nine times more likely to be disciplined again than lawyers with no history of getting in trouble with attorney licensing agencies.



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Supreme Court keeps block on Biden's new Title IX regulations in some states

A divided Supreme Court refused to require some states to enforce new rules on how schools should handle complaints of sexual harassment and discrimination, leaving in place a ban on the provisions while lower-court battles continue.



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Legal Ed council broadens proposed accreditation standard addressing diversity

The council of the ABA Section of Legal Education and Admissions to the Bar has proposed reframing a contentious law school accreditation standard that encourages diversity to instead focus on achieving “access to legal education and the profession” for all qualified aspiring lawyers.



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Google's foes on both coasts consider what it takes to crack a monopolist

In the wake of last week’s landmark federal court decision that deemed Google an illegal monopoly, Google’s foes are stepping up efforts to craft a legal case for something unthinkable until recently: the internet giant’s breakup.



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California signs deal with Kaplan for bar exam with plan for potential copyright issues

Despite concerns about copyright issues, the State Bar of California and Kaplan Exam Services signed an agreement allowing the company best known for test prep to create multiple-choice, essays and performance test questions for a California Bar Exam for use starting in February 2025.



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Racial disparities in law school applicants remain, AccessLex Institute says

Racial disparities among law school applicants persist, according to the AccessLex Institute’s Legal Education Data Deck.



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Golden Gate Law students and alums race to court to keep school open

“The court hearing is set for Sept. 13, but I plan to request to have the date shortened,” Ryan Griffith, attorney for the alums and students, and an adjunct professor at and graduate of the Golden Gate University School of Law, told the ABA Journal via email.



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Is the National Conference of Bar Examiners losing power?

As the National Conference of Bar Examiners sunsets the Uniform Bar Exam in 2028, other pathways to practice outside of its exam offerings are emerging, leaving some to question the NCBE’s hold on controlling licensure.



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How to choose a legal tech company

While it’s clear that legal technology is necessary, what’s not so crystal is determining which legal tech company will be the best fit for your law firm.



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Death-penalty case was epitome of 'extreme judicial malfunction,' 6th Circuit says

A federal appeals court has granted habeas to a death row inmate who challenged his sentencing, holding that an Ohio judge displayed an objective risk of bias partly because he enlisted the prosecutor to write the death-penalty opinion.



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When does DEI training discriminate against white people? Courts will decide

DEI training is coming under special scrutiny, with at least seven court cases pending nationwide alleging that it constitutes workplace discrimination.



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Justice Neil Gorsuch says Americans getting 'thwacked' by too many laws

As U.S. Supreme Court Justice Neil M. Gorsuch sees it, an explosion in the complexity of the nation’s regulations is overburdening Americans and often trampling their rights and livelihoods.



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Google monopoly ruling shows 19th-century law can police Big Tech

A federal judge’s ruling that Google broke the law to maintain a monopoly in search has dealt a blow to one of Big Tech’s main arguments against regulation: that America’s antiquated antitrust laws aren’t flexible enough to address the fast-changing nature of tech innovation.



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Former counsel sues BigLaw firm for alleged disability discrimination

A former counsel at Mayer Brown who was diagnosed with breast cancer in April 2022 has filed a disability bias lawsuit against the law firm.



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The issues of no-fault divorce, a target of JD Vance and conservatives

With his elevation to Republican vice-presidential nominee, Sen. JD Vance’s provocative views about divorce—that people do it too easily, shifting “spouses like they change their underwear”—have turned the spotlight on a bubbling movement to end what is known as no-fault divorce.



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How is AI affecting courts and law practice? ABA task force report has answers

Do the Federal Rules of Evidence have to be changed to address issues created by artificial intelligence? That is one of several issues addressed by the ABA Task Force on Law and Artificial Intelligence in a report on AI’s impact on the practice of law released Monday.



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