437 ABA Journal The National Pulse articles.
Many see the case of Teresa Buchanan at Louisiana State University as emblematic of the precarious state of academic freedom for college and university professors. Others view the case as an example of the perils of applying a categorical rule to limit professorial speech.
Oct 1, 2018 1:40 AM CDT
Federal and state slack-fill lawsuits charge that companies cheat shoppers with deceptively large packages.
Sep 1, 2018 2:35 AM CDT
Patrick Murphy doesn’t deny participating in the murder and mutilation of George Jacobs in 1999.
But it’s possible that his conviction doesn’t count. As Murphy argued in a habeas appeal to the 10th U.S. Circuit Court of Appeals at Denver, he’s a member of the Muscogee (Creek) Nation, as was Jacobs, and the murder took place on land that was part of the tribe’s reservation as defined by an 1866 treaty.
Sep 1, 2018 2:20 AM CDT
A class action suit against the Pop Warner youth football league on safety concerns stands to be the first lawsuit to go to trial.
Aug 1, 2018 2:40 AM CDT
Carefully layering one tiny strand of hair over another, Tameka Stigers has spent years honing her talent for African-inspired, natural hair braiding.
The style she currently specializes in, delicate little…
Aug 1, 2018 2:35 AM CDT
Probate judges in at least seven Alabama counties refuse to issue marriage licenses to any couples, same-sex or heterosexual, so lawmakers may abolish licenses altogether. Indiana, Kentucky, Missouri and Montana have similar proposals.
Jul 1, 2018 1:50 AM CDT
It’s not a timeout: State laws, school policies and individualized education programs often allow involuntary confinement as a way to calm highly emotional students. Disabled and minority students are disproportionately affected by seclusion policies, which can include isolation and physical restraints.
Jul 1, 2018 1:45 AM CDT
Florida would be in a distinct minority of states if it imposes a duty to rescue people in distress. The rule in the United States is you have no duty to rescue a stranger, and legal scholars are divided on whether that’s a good thing.
Jun 1, 2018 1:50 AM CDT
The Client Choice program in Comal County was organized by the Texas Indigent Defense Commission, a state agency dedicated to improving such defense without driving up costs. A year of data showed that it worked—clients had better outcomes and felt more listened to. The county liked the system enough that it still uses it today.
Jun 1, 2018 1:45 AM CDT
Advocates have dubbed New York’s discovery scheme the blindfold law, arguing that the lack of information requires defense counsel to prepare for trial, or advise clients about plea bargains, without ever seeing the evidence.
May 1, 2018 1:45 AM CDT
After 14 years of pleas, the Federal Communications Commission in 2015 made a rule capping rates for in-state prison phone calls. But the affected telecommunications companies sued—and in June 2017, the U.S. Court of Appeals for the District of Columbia Circuit handed them a victory. The court said the FCC overstepped its statutory authority when it regulated in-state calls, and that the way it set the rates was “hard to fathom.”
May 1, 2018 1:40 AM CDT
Substantial, high-profile awards have been won in cases in which judges found constitutional violations against owners.
Apr 1, 2018 2:25 AM CDT
Anti-profanity laws remain on the books in some states. Such laws are sometimes considered constitutional under the fighting words doctrine—words the Supreme Court defined in Chaplinsky v. New Hampshire (1942).
Apr 1, 2018 2:20 AM CDT
State freedom of information laws are intended to allow citizens to keep tabs on their governments. While they expose wrongdoing, mismanagement, reckless spending and even scandal, they also can be abused.
Mar 1, 2018 2:25 AM CST
Although reformers say an algorithm called a risk assessment decreases crime rates, reduces jail populations and increases government savings, the bail bond industry sees a permissive tool that is bad for public safety and an existential threat.
Mar 1, 2018 2:20 AM CST
The ABA Journal wants to host and facilitate conversations among lawyers about their profession. We are now accepting thoughtful, non-promotional articles and commentary by unpaid contributors.
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