Columns

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.

May 12, 2022 1:55 PM CDT

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?

May 11, 2022 8:40 AM CDT

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.

May 9, 2022 11:19 AM CDT

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.”

May 5, 2022 2:56 PM CDT

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.

May 2, 2022 8:41 AM CDT

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.

Apr 27, 2022 12:38 PM CDT

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.

Apr 27, 2022 9:51 AM CDT

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.

Apr 25, 2022 11:56 AM CDT

The return of the Master’s Conference and honing your skills in a post-pandemic legal market

Ari Kaplan recently spoke with members of the board of directors for the Master's Conference, including Rick Clark, its co-founder and senior director of sales enablement and strategy with CloudNine; Monica Harris, product business manager of enterprise solutions at Cellebrite; and Marla Mohr, manager of client relations at the Association of Certified E-Discovery Specialists.

Apr 19, 2022 8:39 AM CDT

How lawyers can optimize performance under pressure

From hostage rescuing and fast roping to skydiving and stress shooting, the United States Special Operations Forces has mastered the ability to remain cool under pressure.

Apr 18, 2022 2:00 PM CDT

How to communicate better with your clients

Communication. Do we sometimes get it wrong with clients—or otherwise? I learned a valuable lesson early on in my legal career while still an articling student. My boss and good mentor, Hank, invited me to lunch. After the meal, I ordered a cup of tea. As I like it a certain strength, I said to the waiter, one Jean Pierre, “Bag out, please.”

Apr 12, 2022 8:40 AM CDT

HBO’s ‘Life of Crime’ and a career defending the same

Crime is consistent. After all, if we look back to the world’s oldest “criminal codes” (the Code of Ur-Nammu—circa 2100 to 2050 B.C.; the Laws of Eshnunna—circa at least 1930 B.C.; the Code of Lipit-Ishtar—circa 1934 to 1924 B.C.; and the Code of Hammurabi—circa 1755 to 1750 B.C.), we see actions such as false charges and testimony, theft, distraint, trespassing, kidnapping, sexual offenses, bodily harm and murder outlawed, with punishment ranging anywhere from a fine, maiming or death. Although there have seemingly always been penalties, crime continues.

Apr 7, 2022 8:42 AM CDT

Chemerinsky: Supreme Court reflects nation’s deep divide over Constitution and religion

The U.S. Supreme Court has four important cases about religion on its docket. Each of these cases, individually and especially together, could bring about major changes in the law concerning the Constitution and religion, writes law dean Erwin Chemerinsky.

Apr 4, 2022 9:55 AM CDT

ABA policy summit yields recommendations for racial equity and social justice

“Since the 2020 presidential election, the Biden-Harris administration has offered policy correctives on a spectrum of civil rights and social justice issues. Still, we have more to accomplish,” writes ABA Journal columnist Engy Abdelkader.

Apr 4, 2022 9:50 AM CDT

Making the Move: What should legal organizations consider when assessing how the cloud fits into their future?

The COVID-19 pandemic—coupled with the remote and hybrid work models that arrived in its wake—has spurred a move to the cloud for many of the key business systems that legal organizations rely on, from document and email management to collaboration and more.

Apr 1, 2022 2:40 AM CDT