Legal History

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.

Dec 12, 2022 8:47 AM CST

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.

Dec 5, 2022 10:37 AM CST

Jan. 29, 1912: Clarence Darrow indicted

At 54, Clarence Darrow was already widely known for his populist politics and his defense of union officials Eugene Debs and “Big Bill” Haywood. But by the time of one of his investigator’s arrest, Darrow was entertaining a plea deal for two brothers on trial for the murders of at least 20 people.

Dec 1, 2022 12:10 AM CST

Can change really come from within? These 13 prosecutors think so

Change From Within: Reimagining the 21st-Century Prosecutor shares the personal profiles of prosecutors who want to use prosecutorial discretion to reduce incarceration rates and harm to vulnerable communities from the prison-industrial system.

Nov 30, 2022 8:44 AM CST

Trump could conceivably run for president and even govern the US from prison, legal scholars say

The U.S. Constitution would not prevent former President Donald Trump from running for president or governing the country while in prison, according to nine legal experts.

Nov 17, 2022 9:47 AM CST

‘By Hands Now Known’ shines light on cold cases of lynchings and racial violence

In summer 2020, when the murder of George Floyd was igniting protests, it occurred to Margaret A. Burnham that “George Floyd” was a common-sounding name. She went into her archive of Jim Crow-era homicides and found another George Floyd.

Nov 16, 2022 3:30 PM CST

Voters ban slavery as a form of punishment in 4 states; what is the impact?

Voters in Alabama, Tennessee, Oregon and Vermont have approved state constitutional amendments banning the use of slavery as a punishment.

Nov 9, 2022 3:17 PM CST

In ‘scorching’ opinion, federal judge considers appointing historian to help him in gun case

U.S. District Judge Carlton Reeves said he isn’t a trained historian, and neither are U.S. Supreme Court justices who ruled in June that gun regulations can’t be upheld unless they are consistent with historical tradition.

Nov 2, 2022 10:15 AM CDT

Supreme Court won’t hear appeal seeking to overturn insular cases

The U.S. Supreme Court on Monday denied certiorari in an appeal seeking to overturn the insular cases, a series of cases decided in the early 1900s that limited constitutional protections for people in some U.S. territories.

Oct 18, 2022 1:13 PM CDT

Is forever really forever? Question may be answered in lawsuit over UC Hastings name change

When California legislators in 1878 enacted a statute to name the state’s first public law school after a wealthy landowner and state supreme court chief justice, did they consider whether subsequent laws could change the agreement?

Oct 13, 2022 12:06 PM CDT

Supreme Court will consider whether Andy Warhol’s Prince paintings violate copyright law

A copyright case going before the U.S. Supreme Court on Oct. 12 encompasses the avant-garde pop art of Andy Warhol, the musical genius and personal vulnerability of the performer Prince and the rarefied worlds of rock photography and glossy magazines.

Oct 6, 2022 11:30 AM CDT

Oct. 21, 1876: John B. West brings case law to lawyers with the Syllabi

John B. West was barely 18 when he began work in 1870 as a traveling salesman in Minnesota. Working for the D.D. Merrill Book Store of St. Paul, he visited the small towns along the banks of the Mississippi River, hawking furniture and office supplies along with a few specialized…

Oct 1, 2022 12:05 AM CDT

Tulsa Reckoning: An ongoing lawsuit seeks justice for massacre victims

With the clock ticking, the stakes are high. This case could be the “last best hope” for the survivors to see some form of justice before they die. “This massacre impacted Black people around this nation. This is a win that we need as a people.”

Oct 1, 2022 12:00 AM CDT

2 law schools change names because of namesakes’ notorious pasts

Two law schools are officially changing their names after learning more about their namesakes’ long-ago conduct.

Sep 27, 2022 11:13 AM CDT

What is a writ of replevin? It’s being used by the DOJ against former White House adviser

Updated: Writs of replevin have been used by creditors to recover collateral, such as cars; by tenants or landlords to recover property taken by the other; by businesses to recover items taken by employees; and by people seeking the return of pets after a breakup. It’s also being cited by the U.S. Department of Justice in a lawsuit against a former senior White House adviser.

Sep 27, 2022 10:29 AM CDT