ABA Journal

Features

723 ABA Journal Features articles.

Troubled Waters

As interest in outdoor recreation has surged, more people are clashing with property owners over the right to be on the waterways. The conflict over the uses of—and even the definitions of—public and private space is a legal conundrum bedeviling locales across the country.

Risky Business

Do you want to fight for your clients but are short on cash? Call litigation finance groups today and get $500,000 or significantly more! But not if you have public discipline, bad credit, too much debt or a dog case. Or if the other side is known for slash-and-burn legal tactics. Or if it looks like your case won’t bring in enough damages to satisfy the client after the funder gets paid.

Can C-suite diversity officers really make a difference?

“It’s a growing trend that’s going to stick,” says Sylvia F. James, chief diversity and inclusion officer for the international firm Winston & Strawn. “I think it sends a message both internally and externally about the importance that the firm places on the position.”

Guardianship battles in the spotlight spark new calls for reform

Guardianship, also called conservatorship, is a term used when state law grants an individual decision-making power over an adult deemed incompetent or a minor child. A court-appointed guardian’s control is often limitless and can include power over their person and/or property.

State of the Profession 2021: BigLaw proved to be most resilient to COVID-19

Fears that COVID-19 would cause a prolonged financial blow to the legal industry did not come to fruition. Instead, many firms were able to quickly and effectively transition to remote working, which left them in position to assist with an array of COVID-19-related legal issues. But the industry’s successful transition to widespread remote working has not come without drawbacks.

Online dispute resolution promises to increase access to justice, but challenges remain

Court leaders say an online dispute resolution program, known as LA-ODR, is part of their ongoing efforts to enhance access to justice for self-represented litigants through the use of technology. A 2019 California Justice Gap Study found that 55% of Californians at all income levels experienced at least one civil legal problem in their household in the prior year, but nearly 70% of them received no legal assistance.

Prosecutors are working toward the release of the longest-serving inmates

Historically, most prosecutors haven’t felt responsible for examining cases closed by their predecessors to determine whether everyone’s punishments fit their crimes. The prosecutors in these offices, however, are pushing their field to adopt changes to address mass incarceration and sentencing disparities in the criminal justice system.

Costly Collisions: A small-town personal injury case sends a powerful message to the trucking industry

The number of crashes involving large trucks has been rising during the past decade. And as the number of crashes has increased, so has the size of jury awards and settlements, often resulting in what some lawyers call “nuclear verdicts”—multimillion-dollar damages verdicts significantly higher than expected given the injuries in the case, generally in excess of $10 million.

Troubling Treatment: Efforts are underway to reform teen behavioral programs

At age 15, Chelsea Filer tried to run away and live with her grandparents. A couple of weeks later, two large men, who worked with a transport company hired by her mother, woke her up in the middle of the night. The men took her across the border to a private residential school and treatment center in Mexico. “When children are legally kidnapped and trafficked across state or border lines, they lose their rights and any protections from the jurisdiction of their home state,” says Filer, who is now a youth rights advocate in Sacramento, California.

Law & Order’s prime-time formula shaped a generation’s understanding of the legal system

During its original broadcast run from 1990 until 2010, Law & Order became a cultural phenomenon. With an emphasis on procedure as the primary plot device and less reliance on exploring characters’ personal lives or relationships, the success of the show spawned numerous similar shows and spin-offs while inspiring countless fans to go to law school or pursue careers in law enforcement.

How pandemic practice left lawyer-moms facing burnout

As the world ground to a halt during the COVID-19 pandemic and parents scrambled for solutions, an uncomfortable truth emerged: Women are America’s default social safety net. It’s a regressive construct that has entrapped and hobbled working mothers across the spectrum—including lawyer-moms. The pandemic simply tightened the screws.

More police departments are training officers in de-escalation techniques, but does it work?

Could police have avoided killing—whether the victims were armed or not? Advocates of de-escalation believe that many such deaths can be prevented. Yet what de-escalation means and how effective it is remain subject to debate.

Do varying legal definitions of race leave room for abuse?

The federal government does not have precise legal definitions of what it means to be a member of a particular race. And with no centralized federal guidance, federal and state agencies have pieced together definitions, applying them in disparate settings. In recent years, these inconsistent definitions have been criticized for allowing undeserving people to fit themselves into racial categories to benefit from contracts, jobs or university admissions slots intended for racial or ethnic minorities.

How one lawyer is trying to solve a John Wayne Gacy murder mystery

Steven Becker wasn’t sure what he’d see at his first exhumation. But here he was, on Sept. 5, 2012, at the Queen of Heaven Cemetery in Hillside, Illinois, on behalf of his client, who insisted that the body in the coffin was not—despite what police said—her son.

Police are often first responders to mental health crises, but tragedies are prompting change

Cases such as Quintonio LeGrier’s have prompted demands around the country to reform how police respond to people in mental health crises, a movement that advocates believe can help avert such deadly confrontations.

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