ABA Journal

Rule of Law

108 ABA Journal Rule of Law articles.

‘The Shadow Docket’ shines light on an increasingly uncommunicative Supreme Court

In The Shadow Docket: How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic, University of Texas law professor Stephen Vladeck argues that the U.S. Supreme Court is expanding its powers at the expense of the rule of law and public transparency.

End of the Cold War launched new efforts to build the rule of law

When the Berlin Wall fell Nov. 9, 1989, James Silkenat was serving his term as chair of the ABA International Law Section. But he is the first to admit that he did not immediately anticipate what changes that it would spark.

False-records case against Trump ‘stands apart,’ newspaper review finds

The felony business-records case against former President Donald Trump “stands apart” because the indictment does not include any separate charges, according to the New York Times, which reviewed about 30 such cases.

New ABA civics survey finds most Americans perceive decline in civility

An overwhelming majority of Americans agree that civility has sharply declined in our country. That’s one of the key findings of the fifth annual ABA Survey of Civic Literacy, which was released ahead of Law Day on May 1.

Attorneys nationwide prepare for Law Day celebrations

Kari Burns describes promoting the rule of law as “near and dear” to her heart. That’s why Burns gets involved in Law Day, which is annually May 1 to recognize the rule of law in our society and encourage a greater understanding of the legal profession.

Weekly Briefs: Murder cases move slowly in Chicago; Neuriva decision could limit attorney fees

Justice is slow in Chicago

Most murder cases in the county that includes Chicago take four years or longer to resolve, according to a series of investigative stories by the…

Why Trump is charged with 34 counts of falsifying business records for one $130K hush-money payment

Former President Donald Trump has been charged with 34 felony counts of falsifying business records as part of an alleged scheme to influence the 2016 presidential election and mischaracterize payments for tax purposes.

Meet Judge Juan Merchan, a Colombian immigrant who’s presiding in Trump’s arraignment; not guilty plea is entered

Updated: The New York judge who is presiding Tuesday over the arraignment of former President Donald Trump, Judge Juan Merchan, is a Colombian immigrant who came to the United States with his family at age 6.

Experts see these problems with felony-records case against Trump over hush-money payments

The prosecution of former President Donald Trump could pose even more problems than that of former U.S. Sen. John Edwards of North Carolina, a former Democratic presidential candidate. Experts saw these potential problems with the prosecution.

Trump doesn’t have absolute immunity from civil suits stemming from Jan. 6 Capitol riot, DOJ says

Former President Donald Trump isn’t shielded from liability in civil lawsuits stemming from the Jan. 6, 2021, U.S. Capitol riot if his speech before the event “encouraged imminent private violent action and was likely to produce such action,” the U.S. Department of Justice said in a brief filed with a federal appeals court.

Backers of Equal Rights Amendment lose mandamus bid in DC Circuit

The states of Illinois and Nevada lost their bid to make the Equal Rights Amendment part of the Constitution on Tuesday, when the U.S. Court of Appeals for the District of Columbia Circuit ruled that they did not satisfy the high threshold needed to obtain a writ of mandamus.

Change is good ‘and will carry us into the future,’ says ABA president-elect nominee Bill Bay

While urging the ABA House of Delegates to recognize that change in the profession is necessary and a challenge, William R. Bay, the president-elect nominee, shared a story about his family.

Public defender is plaintiff in suit alleging exclusion of felons from Manhattan juries is unconstitutional

A public defender who can’t serve on a New York jury because of a 2009 felony drug conviction is a plaintiff in a lawsuit challenging the state’s ban on jurors with felony convictions as applied in Manhattan, New York City.

Did CFO of Trump Organization act ‘in behalf of’ company? Fraud conviction appeal will focus on issue

The Trump Organization’s appeal of its tax fraud conviction will partly focus on whether the actions of the chief financial officer were made “in behalf of” the company, according to one of the defense lawyers.

Trump Organization found guilty of tax fraud; maximum penalty is no more than ‘a rounding error’

Jurors in Manhattan, New York City, convicted the Trump Organization of tax fraud Tuesday following a trial that focused on lavish corporate perks to executives that weren’t reported as income.

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