ABA Journal

Legal History

1212 ABA Journal Legal History articles.

How the US influenced the creation of Nazi race laws under Hitler

Adolf Hitler and his Nazi followers in the 1930s fashioned race laws that were designed to degrade and deprive Jewish people of all rights. At the same time, American laws often enshrined white supremacy and discriminated against non-whites, and Black Americans in particular were treated as second-class citizens.

Confederate symbols should be removed from courthouses, ABA House says

Confederate memorabilia “and other symbols of racial and ethnic bias” should be removed from facilities where court proceedings are held, according to a resolution passed Monday by the ABA House of Delegates.

In Zoom convention, legal scholars of varied ideologies backed these 5 constitutional amendments

Should Arnold Schwarzenegger be allowed to run for president? Should U.S. Supreme Court justices have 18-year terms?

5th Circuit looks to history and strikes down law banning gun possession by subjects of civil protective orders

A federal appeals court has struck down a ban on gun possession by people subject to domestic-violence restraining orders, citing the historical approach required by the U.S. Supreme Court’s latest Second Amendment precedent.

Gideon at 60: The right to a lawyer was established, but the promise of equal justice remains elusive

“Most Americans believe that access to an attorney during criminal proceedings is a foundational right in our country. But the right to have an attorney provided by the government has not always existed. Until 60 years ago, indigent defendants who could not afford an attorney had to defend themselves in court. But on March 18, 1963, that all changed. The U.S. Supreme Court rendered one of its most famous decisions in the case of Gideon v. Wainwright.”

Feb. 2, 1980: Abscam bribery investigation revealed

On Feb. 2, 1980, news outlets revealed that a U.S. senator and at least seven congressmen were among dozens of targets under investigation for soliciting and accepting bribes. In a far-flung and sometimes ludicrous sting operation, lawmakers had accepted hundreds of thousands of dollars from undercover FBI agents posing as oil-rich Arabs and their minions in exchange for loans and investments in the U.S.

Is debt limit unconstitutional? Answer is yes, some argue, based on the 14th Amendment’s public debt clause

The possibility that the United States will default on its bills has resurrected arguments that the debt limit is unconstitutional under the 14th Amendment.

Potential juror for Young Thug trial ordered to write 30-page essay after skipping return to court

A juror who skipped a return court appearance to be considered as a juror in the trial of rapper Young Thug has been ordered to write a 30-page essay focusing on the history of jury service in Georgia.

Weekly Briefs: Judge slashes $24M award for Unite the Right victims; judge accused of offering sex for early trial

Judge slashes $24M punitive award in Unite the Right trial

U.S. District Judge Norman K. Moon of the Western District of Virginia has slashed an award of $24 million in…

Relax with our favorite long reads of 2022

Feel like curling up next to the fireplace with a good read? ABA Journal Managing Editor Kevin Davis has curated a selection of our favorite feature stories that ran in the magazine and online in 2022.

Congress passes bills to protect judges, remove statue of Dred Scott decision author

ABA President Deborah Enix-Ross is applauding Congress for passing a bill intended to keep federal judges safe by banning disclosure of their personal information.

Who’s afraid of the big bad lawyer?

In Henry VI, part two, Shakespeare famously wrote, “The first thing we do, let’s kill all the lawyers.” This type of sentiment might make someone think twice before signing up to take the LSATs. Now here’s the good news: The public treats us with deference. I would say they are actually afraid of lawyers.

Justice Jackson uses originalism to undercut ‘conservative juristocracy’

U.S. Supreme Court Justice Ketanji Brown Jackson is the de facto leader of a group embracing “a third wave of progressive originalism,” according to Lawrence Solum, a professor at the University of Virginia School of Law.

Poll: Which ABA Journal magazine cover from 2022 was your favorite?

We covered a wide array of diverse, in-depth and hard-hitting legal topics at the ABA Journal in 2022.

Biden relied on 96-year-old law and 1917 Supreme Court decision to impose railway labor agreement

A process outlined in a 96-year-old law governing railroads led to a bill signed Friday by President Joe Biden that imposes a contract agreement between workers and railroads.

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