Legal History

Longtime civil rights advocate Emmet Bondurant will receive this year’s ABA Medal

Longtime civil rights advocate Emmet Bondurant “has pursued justice with unwavering integrity” throughout his career, according to the ABA, which on Monday announced that he would receive this year’s ABA Medal.

Feb 27, 2024 10:11 AM CST

‘Police & the Empire City’ explores race and the origins of the NYPD

In Police & the Empire City: Race & the Origins of Modern Policing in New York, Matthew Guariglia looks at the New York City police from their founding in 1845 through the 1930s as "police transitioned from a more informal collection of pugilists clad in wool coats to what we can recognize today as a modern professionalized police department."

Feb 14, 2024 9:09 AM CST

Busting Out: A History Channel series focuses on great escapes

Like many other jurisdictions, Oklahoma has various security levels within its state prison system. Perhaps unlike many other states, multiple inmates escaped in the past year, and one has yet to be caught.

Feb 14, 2024 8:59 AM CST

‘Spirit of Aloha’ clashes with ‘federally mandated’ gun lifestyle, Hawaii Supreme Court says

The Hawaii Supreme Court has upheld state laws that generally ban carrying guns in public in an opinion that criticizes the U.S. Supreme Court’s historical approach to Second Amendment cases.

Feb 13, 2024 12:47 PM CST

Qualified immunity shield may depend on size and publication rate of federal appeals court, new report says

Qualified immunity “protects officials too much and our rights too little,” according to a new report by the Institute for Justice based on an analysis of more than 5,500 federal appeals decisions over an 11-year period.

Feb 7, 2024 8:47 AM CST

Florida can’t enforce law blocking real estate purchases by Chinese citizens against 2 plaintiffs, court rules

A federal appeals court has ruled that a Florida law barring real estate purchases by Chinese citizens can’t be enforced against two plaintiffs while their court challenge continues.

Feb 6, 2024 1:05 PM CST

Family Limbo: Movement to repeal a Clinton-era law sparks debate about foster care and adoption

The Adoption and Safe Families Act of 1997 sits at the center of a debate among legal scholars, attorneys and activists: Is this law in the best interest of children, or is it unjust and unconstitutional?

Feb 1, 2024 3:00 AM CST

March 28, 1898: Supreme Court affirms birthright citizenship of Wong Kim Ark

Although it took them more than a year to decide U.S. v. Wong Kim Ark, the justices ruled 6-2 on March 28, 1898, that the 14th Amendment means what it says: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the state wherein they reside.”

Feb 1, 2024 12:05 AM CST

Yale Law’s Owen Fiss talks about threats to democracy and ‘Why We Vote’

After 50 years as a professor at Yale Law School, Owen Fiss says his students are still idealistic and passionate about the rights won in the Civil Rights Act of 1964 and Voting Rights Act of 1965. A classroom discussion prompted his new book.

Jan 31, 2024 8:47 AM CST

2020 Supreme Court decision offers ‘dangerous’ path for stealing election, legal scholars say

A 2020 U.S. Supreme Court decision on faithless electors appears to allow state legislatures to pursue a “dangerous strategy” for overturning election results, according to an op-ed in the New York Times by two legal scholars.

Jan 24, 2024 10:13 AM CST

Ban on youths carrying guns in emergencies violates Second Amendment, 3rd Circuit rules

Youths who are 18 to 20 years old are among the people protected by the Second Amendment, and they can’t be barred from carrying guns during a state of emergency, a federal appeals court has ruled in a 2-1 decision.

Jan 22, 2024 3:38 PM CST

To be a lawyer or a doctor? That is the question

Albert Einstein said, “Try not to become a man of success but rather try to become a man of value.” So you want to become a doctor or a lawyer? For some reason or other, these two words are often muttered together, like St. Paul and Minneapolis. Or like Dallas and Fort Worth. Or like Tweedledum and Tweedledee. Do these professions generate similar value to society?

Jan 17, 2024 10:43 AM CST

Supreme Court once again ‘leapfrogging’ appeals court in decision to hear Idaho emergency abortion case

For 15 years, the U.S. Supreme Court did not grant a single petition for certiorari before judgment, which asks the high court hear a case before a federal appeals court weighs in.

Jan 8, 2024 12:35 PM CST

Listen to our 10 favorite podcast episodes of 2023

Looking for a new listen? We've picked our favorite 2023 episodes from each of the ABA Journal's three podcasts, one of which is bidding adieu after a 13-year run. If this whets your appetite, find all our past episodes on our podcast page. You can also check out more legal podcasts from our partners at Legal Talk Network.

Dec 22, 2023 8:59 AM CST

Who made the National Judicial College’s list of ‘60 Courageous Judges’?

The National Judicial College marked its 60th anniversary this week by releasing a list of 60 judges from around the United States and the world who have demonstrated courage, upheld the rule of law and provided justice for all.

Dec 21, 2023 9:00 AM CST