Columns

37 ABA Journal Columns articles.

Can being forced to listen to ‘Baby Shark’ be considered cruel and unusual punishment?

I can’t pinpoint exactly what makes the song so intolerable after repeated listens. All I know is I’m not alone. Other adults have realized “Baby Shark” can be weaponized, and they are using it to their advantage.

Assistant GC and firm partner discuss the future of client collaboration
Ari Kaplan recently spoke with Megan O'Flynn, an assistant general counsel at the International Swaps and Derivatives Association, and Doug Donahue, a partner in the finance practice at Linklaters in New York City, about ISDA Create—a collaboration between the ISDA and Linklaters.
The power of decency in the legal profession
There is a fever in America today. This fever is running at a very high pitch, and it has nothing to do with the pandemic.
The COVID-19 consequence: Emerging talent is at risk

For those students who did not land an entry-level job at a BigLaw firm, the circle is truly vicious as they attempt to launch their careers in an unwelcoming and unstructured environment, write Jonathan Greenblatt and Bryan Parker of Legal Innovators.

5 steps law school deans can take to improve diversity and inclusion
The tragic deaths of George Floyd, Ahmaud Arbery and Breonna Taylor have highlighted to the world that systemic racism exists. It has caused many law schools, law firms and other legal employers to grapple with how to foster more diversity and inclusion as well as what it means to be antiracist.
The truth, the whole truth and nothing but: Lawyers and concepts of truth and honesty

“You can’t handle the truth!” This is the iconic line from the 1992 military courtroom film, A Few Good Men. Col. Nathan Jessup (Jack Nicholson) bellowed these words to Lt.…

Conference brings together panelists to discuss ensuring a better tomorrow for all
In the wake of the 2020 U.S. presidential election, the ABA Section of Civil Rights and Social Justice Rights of Immigrants Committee, in strategic partnership with the German Marshall Fund of the United States, is hosting a policy summit designed to advance racial equity and social justice principles.
8 tips for lawyers on how to build resilience
A popular keyword for psychologists and transformational leaders these days is “resilience.” The dictionary definition of resilience is the ability to recover. Synonyms are “perseverance,” “elasticity,” “toughness,” “flexibility” and “durability.”
Social justice meets Pro Bono Week: What is your plan?
Thirty-five years ago, I was a know-nothing 25-year-old associate at Shook, Hardy & Bacon, where I still practice, when a senior partner asked me to take a case on behalf of a single parent.
Chemerinsky: SCOTUS considers whether religious freedom also means freedom to discriminate
On Nov. 4, the U.S. Supreme Court again will face one of the country’s most divisive constitutional issues: Does the First Amendment’s protection of speech and religion provide a basis for violating laws that prohibit discrimination against gays and lesbians?
How to make better decisions with litigation analytics software
If you’re a litigator, you know that knowledge is power. The more you know about the court, opposing counsel, expert witnesses, the parties and the judge, the better. This is because more information allows you to make sound, informed decisions to help you achieve a successful end result for your client.
Law firms must do more effective damage control to survive
When I sat down to write this column, my thoughts were interrupted by a mechanical noise coming from my backyard. It was the comforting sound of the weekly “test run” of the generator that keeps our house powered during electrical outages.
Investment bank managing director discusses legal tech market and lasting impacts of COVID-19
Ari Kaplan recently spoke with Scott Mozarsky, a managing director with the Jordan, Edmiston Group Inc., a middle-market investment bank, where he leads its legal and compliance practice.
Is the law making you fat?  A lawyer and life coach shares her story
Law school taught me many things, but one that stands out for me is this: Chocolate cake reduces stress.
For minority law students, learning the law can be intellectually violent

It pales in comparison to the structural and physical violence that people experience outside the ivory tower, but it is also unforgiving, can feel unrelenting and often goes unnamed.

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