ABA Journal

3021 ABA Journal ABA Journal articles.

What happens when lawyers make mistakes?

Mistakes. Also known as errors, blunders or, in my best legalese, boo-boos. They often keep us lawyers busy and sometimes even worried. What are they all about?

Oct 13, 2021 10:39 AM CDT

How SCOTUS enabled police abuses of civil rights⁠—and what we can do about it

Much has been said about police officers and departments who violate civil rights or enforce the law in discriminatory ways. But not as much attention has been paid to the ways in which the U.S. Supreme Court has enabled police excesses and insulated police from civil or criminal responsibility, says Erwin Chemerinsky, the dean of the University of California at Berkeley School of Law and author of the new book Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights.

Oct 13, 2021 8:56 AM CDT

Why this BigLaw firm is embracing an ‘augmented automation solution’ for clients

Wilson Sonsini Goodrich & Rosati announced last month that it had teamed up with Workiva Inc. to create an application that automates the S-1 form that companies must file with the U.S. Securities and Exchange Commission when going public.

Oct 13, 2021 8:54 AM CDT

Top 5 most important judicial analytics metrics

The judge in your case has immense discretion to decide the pace and outcome of your case. Given this truism, what judicial qualities can you measure in advance to best set you and your client up for success?

Oct 11, 2021 2:00 PM CDT

New PBS documentary examines Justice Sandra Day O’Connor’s legacy

Not long ago, PBS reached out to me regarding a new installment in their “American Experience” series, entitled Sandra Day O’Connor: The First. I was immediately interested; however, I had already started work on two other columns that would take precedent. Be that as it may, I hate to pass up an invitation from a respectable distributor. Consequently, I wanted to take the time to review the program, as I feel later is better than never.

Oct 7, 2021 11:03 AM CDT

Are government bans on the teaching of critical race theory unconstitutional?

According to recent reports, local legislators have enacted bills in eight states banning the teaching of critical race theory in public schools, colleges and universities. Similar measures have been or soon will be introduced in 20 more.

Oct 7, 2021 10:22 AM CDT

Attorneys and the art and science of persuasion

A great deal of practicing law is persuading someone to believe, act or agree with your client’s position, whether it is in a courtroom, a boardroom, a negotiation or at a dinner table. We seek to persuade juries, judges, colleagues, friends, family or the press that we are right and that others are not. Unfortunately, the art of persuasion is not taught in all law schools.

Oct 6, 2021 10:23 AM CDT

Brazen attacks on voting rights define America

In 2020, this country had what’s been hailed as the most secure election in American history. And yet, lies about voter fraud have opened the door to false claims that our electoral system lacks integrity.

Oct 1, 2021 3:30 AM CDT

How to integrate well-being throughout your organization

If lawyers know the challenges to well-being, and they have been presented with ideas and strategies to improve wellness within their organizations, what stands in the way of creating systemic change?

Oct 1, 2021 3:20 AM CDT

From Defendant to Attorney: My journey to the other side of the justice system

The year was 2005. I was 27 and securely set in my ways; however, God had another plan for my life. By then, I was no stranger to the justice system, having been a defendant in most courts throughout Wayne County. This time, however, I was at the center of a drug sting operation with a confidential informant and marked money. I was facing up to 20 years in the Michigan Department of Corrections for delivery of a controlled substance.

Oct 1, 2021 3:10 AM CDT

What’s wrong with legal writing?

By diminishing law students’ belief in the power of storytelling, we rob them of the creativity and legal imagination crucial for effective lawyering, writes Philip N. Meyer, a professor at Vermont Law School and the author of Storytelling for Lawyers.

Oct 1, 2021 2:00 AM CDT

Bryan Garner touts the Michigan Bar Journal’s celebration of plain English

The Michigan Bar Journal has just reached a landmark of 37 years in sustaining its monthly column on plain language in the law. Over the years, the column has exploded all the various myths about plain language in the law.

Oct 1, 2021 1:50 AM CDT

This New York City litigator advocates for transgender rights and is teaching other lawyers how to do it, too

“BigLaw requires a certain personality and way of doing things,” says Jillian Weiss. “I had always known I was transgender … and I just viewed it as something I had. I didn’t view it as bad, but I knew it was bad in the eyes of other people, so I had to hide it.”

Oct 1, 2021 1:40 AM CDT

Judge Neil Axel uses DUI court experience to tackle traffic safety

Judge Neil Axel works with the ABA’s Judicial Outreach Liaison and Judicial Fellows Program. As one of its two judicial fellows, Axel helps educate judges nationwide on issues involving impaired driving offenses, including drug-impaired driving; evidence-based sentencing practices to reduce recidivism; and the impact of the legalization of marijuana on highway safety. He also works closely with the program’s nine regional JOLs and 22 state JOLs, all of whom provide training and support on impaired driving and other highway safety issues to courts in their areas.

Oct 1, 2021 1:30 AM CDT

Chemerinsky: Expect a truly extraordinary year at the Supreme Court

Every Supreme Court term has important decisions that change the law and affect people’s lives, but some years are blockbusters in the number of high-profile, significant rulings. The October 2021 term, which begins on Monday, Oct. 4, promises to be such a year. It is the first full term with the court’s current composition.

Sep 30, 2021 9:07 AM CDT

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