Legal History

1068 ABA Journal Legal History articles.

Convicted of a crime that never occurred? It happens all too often, law prof says
We are used to hearing about wrongful convictions in which a murderer walked free because an innocent person was misidentified. But when Jessica S. Henry, a professor at Montclair State University in New Jersey, was researching material for her course on wrongful convictions, she discovered that in one-third of all known exonerations, the conviction was wrongful because there had not even been a crime.
Army lawyer let Sen. McCarthy ‘hang himself’ through his own words, says author of new bio

“The Army-McCarthy hearings would rightfully be compared to a soap opera, even though there was no infidelity or seduction, the plot meandered, and the only real star was a hired-gun solicitor,” writes author Larry Tye.

Appeals court won’t use word ‘grandfathering’ because of racist origins
The Massachusetts Appeals Court has taken a stand against the word “grandfathering” in a footnote highlighting its racist origins.
Activists are fighting new voter suppression tactics in court
Sept. 5, 1969: Murder charges in My Lai massacre
Fans of baseball will be missed this upcoming season—but not their legal headaches

The national pastime, played in empty stadiums, at long last gets underway on Thursday. The cheer of the crowd will be sorely missed. But the absence of fans will also spare Major League Baseball teams from legal headaches that can arise when the seats are filled.

We need to reckon with feminism’s contributions to mass incarceration, says law professor

As a law professor at the University of Colorado Law School, Aya Gruber has seen her Millennial students wrestle with a problem that she has long struggled with herself: How to fight both gender-based violence and overpolicing.

Afternoon Briefs: California law schools announce fall online classes; law protects monuments, state AG says

2 California law schools announce plans for fall online classes

Because of COVID-19 concerns, fall 2020 classes will be online at the University of California at Irvine School of Law…

What does police abolition look like?

Alex S. Vitale explains the troubling origins of modern policing, why commonly suggested reforms like training and increased diversity have not been successful, and much more.

5 years after landmark gay marriage ruling by SCOTUS, lawyer in the case says it’s ‘gone swimmingly well’

“For the most part, states and employers are doing the right thing,” says Mary Bonauto, who argued Obergefell v. Hodges before the U.S. Supreme Court. But she says there are still some attempts to “shrink marriage.”

Law clerk speaks up after judge’s courtwide email sparks debate over removing Confederate symbols
A black law clerk was the first to respond after a federal appeals judge shared an email with hundreds of colleagues in which he opined as “madness” a proposal by Democratic U.S. Sen. Elizabeth Warren of Massachusetts.
ABA commemorates Juneteenth with program exploring racial inequities
The ABA is hosting a webinar Friday to commemorate Juneteenth, an annual holiday marking the day that people who were still enslaved in Galveston, Texas, walked away from bondage after they were told that the Emancipation Proclamation had been issued two-and-a-half years earlier.
Dale Minami discusses his life of fighting injustice

“I lined up the qualities I wanted in a job, measured them against my strengths and weaknesses, and discovered that I was best fit to practice law with my partners who have the same passion for justice, hard work and great legal skills. I never had to look back.”

July 18, 1940: Democrats nominate FDR for unprecedented 3rd term

George Washington, having retired after two terms in office, set a precedent: that serving beyond two terms might suggest the office was intended for a ruler, not a democratically elected leader.

Afternoon Briefs: Judge trims bias claims against Jones Day; was Roe plaintiff paid to switch sides?

Judge winnows claims in sex bias suit against Jones Day

U.S. District Judge Randolph Moss has tossed some claims and allowed others in a sex discrimination lawsuit filed by former…

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