ABA Journal

Columns

251 ABA Journal Columns articles.

How I helped win an equal pay victory for the US Women’s National Soccer Team

“For the past two years, I served as lead appellate counsel for the players on the U.S. Women’s National Soccer Team in their equal-pay case against the U.S. Soccer Federation,” writes Nicole A. Saharsky. “So you are probably wondering: How did we get from losing summary judgment and being entitled to $0 to getting $24 million and a guarantee of equal pay for the women’s and men’s national teams?”

A look back at Fox’s ‘Ally McBeal’

Starring Calista Flockhart as the titular character, Ally McBeal ran for five seasons from 1997 to 2002. Created by David E. Kelley, the Fox series followed McBeal as she navigated the intersection between her personal life and law career.

7 tips to handle those ‘just one question’ potential clients

There is always going to be the "just one question" potential client who makes initial contact with you. Often, they may not paint the whole story for you, and you in turn may give advice on incomplete facts. In essence, you may well find yourself in a dilemma.

Exhibit A: Top trial presentation tools

I’ve watched clips of Johnny Depp's defamation trial with interest. The proceeding offers a fascinating view into the lives of the rich and famous and also is a prime example of how court will likely be conducted post-pandemic. This trial is notable not only because it is televised, but also because it includes testimony from many in-person witnesses and several others via videoconference. Of those participating remotely, some testified live and the testimony of others was pre-recorded.

How to drive law department transformation through legal operations

Ari Kaplan recently spoke with Mike Haven, the head of legal operations at Intel and the president of the Corporate Legal Operations Consortium.

How to best accommodate neurodiverse lawyers and neurodivergent clients

During my first year of law school, I wanted to get involved in disability advocacy with other students and lawyers, primarily as it related to neurodiversity. Before law school, I was pretty entrenched in the autism advocacy scene: I spoke at my first conference when I was 13, wrote a book that was published while I was still in high school and had another book come out while I was in college.

The Great Resignation: The toll taken on the legal field and what comes next

The COVID-19 pandemic has shifted much about what we once considered business as usual. It has created unmatched levels of flexibility across industries—many of which had very few flexible options pre-pandemic.

The Defamation Trial of Johnny Depp: When thespians testify, who can you believe?

My main office has three large conference rooms. They are outfitted with presentable marble tables and large, comfortable black chairs, and they are adorned with images of the Oklahoma City skyline. More important, though, they have TVs.

When it comes to the law, is justice always just?

What hath the law to do with justice? And if it does, to what extent does this connection influence our decision to become lawyers? Is the motivation instinctual?

How judges can mitigate vicarious trauma

In January 2011, I presided over a jury trial in which a 14-year-old child was sexually assaulted and brutally killed by a neighbor who left her body in a trash bag in a field. Daily, I was completely overwhelmed by what I was seeing and hearing and by the stressors of managing the proceedings.

Rare but not unprecedented Supreme Court leak considered ‘staggering’

The leak of a draft majority opinion in a pending case is “staggering,” says law professor Jonathan Peters. “It’s the most significant leak in the Supreme Court’s history, not only because of the draft’s release but also because of the current political moment (charged as it is) and the personal and social consequences of the decision itself.”

Chemerinsky: SCOTUS clarifies First Amendment debate over content regulation of signs

For decades, a central inquiry in free speech analysis has been whether government regulation is content-based or content-neutral. Content-based government regulations of speech generally must meet strict scrutiny. To be constitutional, they must be narrowly tailored to achieve a compelling government purpose. By contract, content-neutral regulations have only to meet intermediate scrutiny, being substantially related to achieve an important government purpose.

A teenager is mistakenly impressed by her lawyer dad

When my daughter was in college back in the '90s, she knew I was a lawyer specializing in health law. She knew I had left private practice after 20 years to become general counsel of a large statewide hospital system. And she knew I spent my workdays at a desk reading, writing and talking on the phone.

Are criticisms during SCOTUS confirmation hearings a disservice to viewers?

Everyone familiar with this column over the last five years knows its central focus is the intersection of law and pop culture. Most of my installments focus on various forms of media and my observations regarding their law-related issues. There are times when readers will suggest topics by reaching out via email, which I always love receiving. More often than not, though, it’s simply my love for pop culture in the law that allows me to derive legal topics from the media I’m ingesting.

Remote court transcription technology enables virtual court appearances

In 2022, unpredictability has become the norm. Pandemic levels ebb and flow with the appearance of each new COVID-19 variant, ensuring we never know quite what to expect in the days and weeks to come. This continued uncertainty means that settling into the “new normal” remains an elusive concept.

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