The Modern Law Library

147 ABA Journal The Modern Law Library articles.

‘White Fright’ author discusses historical lynch mobs and the attack on the Capitol

Historian Jane Dailey discusses her new book, White Fright: The Sexual Panic at the Heart of America’s Racist History, and what America’s history with lynch mobs can teach us about the attack on the Capitol.

Check out our favorite reads from 2020

As a tumultuous year draws to a close, we gathered together ABA Journal editors and reporters to discuss what the past year has been like for them as readers. With the stress of the pandemic and national elections, how had their reading habits changed?

Listen to our 10 favorite podcast episodes of 2020

Looking for a new listen? We’ve picked our favorite 2020 episodes from each of the ABA Journal’s three podcasts. And if this whets your appetite, find more than 10 years of past episodes on our podcast page.

Former corporate lawyer draws inspiration from her family for her tireless clemency work
Brittany K. Barnett was a perfect fit for corporate law. As a certified public accountant who comes from a family with an entrepreneurial spirit, it made sense to fulfill her childhood dream and become a lawyer. But the same east Texas upbringing that gave her the ambition to succeed as a corporate attorney also wound up pulling her toward what her mother calls her "heart work": clemency and sentencing reform.
Lawyer recounts the life and legacy of the mysterious man behind Pilates
In 1963, John Howard Steel was a 28-year-old attorney with a challenging litigation practice, an unhappy marriage and a stiff neck. At the urging of his mother, Steel decided to try physical therapy at a gym owned by an elderly German immigrant named Joseph Pilates. It was a decision that would change Steel's life.
Having a hard time connecting with your witness? Try these tips
You're a plaintiffs attorney with a promising tort case, but getting the narrative evidence you need from a particular witness is like squeezing blood from a stone. How can you get through to them and help ensure that your client gets the damages needed for long-term care? The real problem might be that your communication styles are fundamentally different, says author and trial consultant Katherine James.
Knowing when to tell your client no and other ethical dilemmas
One of the most important ethical obligations a lawyer has is knowing when to tell their client no. But how do you know when that moment has come, and how do you deal with it?
Voting rights attorney writes a tale of dark money chicanery in ‘The Coyotes of Carthage’
Steven Wright spent several years at the Department of Justice's Voting Section witnessing all manners of election chicanery, voter suppression and dark money campaigns. So when he turned his efforts toward fiction, he decided to write what he knew.
Constitutional scholars sound warning on SCOTUS and the separation of church and state
The separation of church and state is a concept that is often talked about, but there's hardly a national consensus on what that should look like—or whether it should exist at all. In recent years, the U.S. Supreme Court has been shifting towards an "accomodationist" interpretation, say the authors of The Religion Clauses: The Case for Separating Church and State. To Erwin Chemerinsky and Howard Gillman, this is a dangerous approach.
‘Demagogue’ tells the story of Sen. Joseph McCarthy’s rise and fall
What made 1950s America vulnerable to a man like Joseph McCarthy, a junior senator from Wisconsin? In Demagogue: The Life and Long Shadow of Senator Joe McCarthy, author Larry Tye takes an in-depth look at McCarthy's life.
6 key numbers that can diagnose the financial health of your law practice
Do you know how many billable hours you can devote to a new case? Or whether you need to add another attorney to your firm? Can you afford to take time off from your practice, and if so, how much? If you're one of the lawyers who is kept up at night with worries about your firm's finances, you are not alone.
Convicted of a crime that never occurred? It happens all too often, law prof says
We are used to hearing about wrongful convictions in which a murderer walked free because an innocent person was misidentified. But when Jessica S. Henry, a professor at Montclair State University in New Jersey, was researching material for her course on wrongful convictions, she discovered that in one-third of all known exonerations, the conviction was wrongful because there had not even been a crime.
Well-meaning social reforms created ‘Prison by Any Other Name,’ authors say

In Prison by Any Other Name: The Harmful Consequences of Popular Reforms, authors Maya Schenwar and Victoria Law outline the way that well-meaning movements ended up funneling people into environments where they faced even more punitive measures.

We need to reckon with feminism’s contributions to mass incarceration, says law professor

As a law professor at the University of Colorado Law School, Aya Gruber has seen her Millennial students wrestle with a problem that she has long struggled with herself: How to fight both gender-based violence and overpolicing.

What does police abolition look like?

Alex S. Vitale explains the troubling origins of modern policing, why commonly suggested reforms like training and increased diversity have not been successful, and much more.

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