ABA Journal

Legal Theory

409 ABA Journal Legal Theory articles.

‘Complicit bias’ and ‘lawfare’ among top new legal terms in 2022

“Complicit bias” tops a list of new legal terms and expressions in 2022 compiled by law professors and academics who are on a committee for Burton’s Legal Thesaurus.

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.

3 conservative SCOTUS justices appear to seek middle ground on ‘independent state legislature’ theory

Three conservative U.S. Supreme Court justices appeared ready Wednesday to accept the “independent state legislature” theory that would strip state courts of power to review congressional voting maps adopted by state lawmakers. Three liberal justices, on the other hand, resisted the idea.

Laws are needed to prevent crowd crush disasters like Astroworld, expert says

Astroworld 2021 was one of the deadliest concerts in U.S. history. In all, 10 people in the audience died from injuries they sustained in the pressure-packed crowd that night. The youngest was a 9-year-old boy. According to the Harris County Institute of Forensic Sciences, they all died from compression asphyxia when the pressure of the crowd against their chests prevented them from breathing.

This judge would rather not be called ‘your honor’

A federal judge in Louisville, Kentucky, would rather be called “judge” than “your honor.”

The metaverse and Web3 are all the rage, but the law is stuck at Web1

The metaverse and Web3, including virtual reality, augmented reality, mixed reality, cryptocurrencies, non-fungible tokens and more, are evolving to become another Wild West technology frontier where existing laws are hard to apply, legal experts say.

Tulsa Reckoning

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.”

State chief justices oppose ‘independent state legislature’ theory in Supreme Court election case

The Conference of Chief Justices has filed an amicus brief that urges the U.S. Supreme Court to reject a theory that would strip state courts of power to review state laws governing federal elections.

Weekly Briefs: Fish definition includes bees, court says; judge decries ‘fair-weather originalism’

Bees can sometimes be considered fish, court says

Bees can be protected under the California Endangered Species Act because they are invertebrates within the law’s definition of fish, the California…

Judging Jurisdiction

In July 2020 when U.S. Supreme Court Justice Neil M. Gorsuch read the majority opinion in McGirt v. Oklahoma, Assistant U.S. Attorney Shannon Cozzoni sprang into action. In that moment, she knew what would happen next: Scores of major crime cases would be landing in her federal court district in Tulsa, requiring rapid adjustments and recalibration.

Sen. Cruz asks Jackson about critical race theory at Georgetown Day School, where she is a board member

Republican Sen. Ted Cruz of Texas quizzed U.S. Supreme Court nominee Judge Ketanji Brown Jackson about critical race theory Tuesday, leading to his questions about whether it is taught at a private school where she is a member of the board of trustees.

‘Independent state legislature’ theory in spotlight as SCOTUS refuses to hear map disputes

The U.S. Supreme Court on Monday turned down emergency Republican requests to block two court-drawn legislative maps, even as four justices said they were open to considering a doctrine that would increase legislative power over redistricting.

Only 2 women make list of most cited legal scholars

A list of the 50 most cited U.S. legal scholars of all time contains many well-known names but only two women.

Justice Barrett wants to dispel notion that Supreme Court is made up of ‘partisan hacks’

U.S. Supreme Court Justice Amy Coney Barrett said Sunday the justices are guided by judicial philosophies, rather than political views, but the public might not see it that way.

Federal appeals judge criticizes disparate-impact theory; are his opinions op-ed columns?

A federal appeals judge who is attracting national attention for his “aggressive rhetoric” in legal opinions has written a concurrence criticizing disparate-impact theory, likening it to critical race theory.

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