Modern Law Library Podcast - Legal Talk Network

Meet the ‘inscrutable’ SCOTUS justice who made the Nuremberg trials possible

Ally Kvidt — Thu, 19 Feb 2026 16:30:14 +0000

Robert H. Jackson was not an easy man to know, but “I found being in Robert Jackson’s company on the whole a great pleasure,” says G. Edward White, author of the new biography Robert H. Jackson: A Life in Judgement.

A longtime ally of Franklin Delano Roosevelt, Jackson served as both Solicitor General and Attorney General before FDR nominated him to the U.S. Supreme Court. However, he often pined for his previous life as a small-town litigator in Jamestown, New York. A solitary worker by nature, Jackson did not relish the collegiate aspects of the court, and his influence was therefore limited.

“Jackson was nominally gregarious, active, fun-loving, witty pleasant–but at the same time, he was remote,” White tells Modern Law Library’s host Lee Rawles. “In some ways, his gregariousness was a barrier to maybe a closer understanding of him.”

But as a litigator and as a justice, Jackson made important historical contributions.

One major such contribution was in establishing the format and location of the post-World War II international military tribunals of Nazi leaders, now known as the Nuremberg Trials. Jackson took a leave of absence from the U.S. Supreme Court to be the country’s lead negotiator as the United States, Great Britain, France and the Soviet Union debated how tribunals would take place. He then served as the United States’ chief prosecutor.

White and Rawles also discuss the roadblocks that have prevented Jackson from being better known in legal history; how Justice Felix Frankfurter tried to protect Jackson’s post-death legacy; and Jackson’s controversial cross-examination of Nazi politician Hermann Goering.

In honor of the Olympics, White (who has written books on baseball and soccer) also shares his perspective on the benefits that athletics brings to lawyers.

The Help: What labor rights do domestic workers have

Ally Kvidt — Thu, 05 Feb 2026 12:00:58 +0000

A foundational principle of Anglo-American law is that “a man’s house is his castle.” It establishes rights ranging from privacy to justifiable homicide. But what about when your castle is another person’s workplace? What rights do they have?

In Bringing Law Home: Gender, Race and Household Labor Rights, Katherine Eva Maich examines the history of labor protections for nannies, housecleaners and other household employees, and compares how domestic workers fare under the laws in New York City and Lima, Peru.

In this episode, Maich and the Modern Law Library’s host Lee Rawles discuss human trafficking, worker rights and responsibilities, the impacts of slavery and colonialism on the Global South, and the real human relationships that develop between employees and employers within the home.

Cold case investigation into ‘Walking Tall’ sheriff uncovers murder

Ally Kvidt — Fri, 23 Jan 2026 15:15:59 +0000

In the 1973 film Walking Tall, Sheriff Buford Pusser is a heroic law enforcement officer in small-town Tennessee whose fight against the Dixie Mafia leads to an ambush and shooting that left his beloved wife Pauline dead.

The movie and its sequels and remakes made Pusser, who died in a 1974 car crash, into a folk hero. Dwayne “The Rock” Johnson played him in the 2004 Walking Tall remake. The Pusser legend became a cottage industry for Adamsville, Tennessee, where the Buford Pusser Home and Museum is based.

Mike Elam, a former law enforcement officer, started researching Pusser’s life as a hobby back in the 1970s. Once the internet became an avenue for exploration, “I started a social media page and I was very much a fan of Buford Pusser at that time,” Pusser tells Modern Law Library host Lee Rawles. “And it was one of those things where I got to researching it and learned far too much for my own liking, because I did not like the man I saw as opposed to the one that was in the movie.”

Elam’s decades of research and interviews with people who had encountered Pusser led to a book, Buford Pusser: The Other Story. It also led to the Tennessee Bureau of Investigations reopening the case into Pauline Pusser’s murder and exhuming her body. In 2025, they announced that the investigation revealed details that pointed to one suspect: Buford Pusser himself.

In this episode, Elam discusses his long investigation, tips for other true crime citizen detectives, what he thinks now about the way Buford Pusser has been memorialized–and how he found the gun that killed Pauline.

What place do prisons have in democracies?

Ally Kvidt — Thu, 08 Jan 2026 16:00:28 +0000

The idea that prisoners should be treated humanely was discussed by Enlightenment Era aristocrats, “but the idea that they are people who are peers is new,” says Yale Law professor Judith Resnik.

“As Democratic norms turned us all into equal citizens, equal persons in a jurisdiction, the question of government’s relationships in courts, policing, schools and prisons changed over the last hundred years,” says Resnik, author of Impermissible Punishments: How Prison Became a Problem for Democracy.

In this episode of the Modern Law Library, Resnik walks host Lee Rawles through centuries of discussion about how punishments are deemed to be permissible, from a trial about whipping prisoners in Arkansas to the League of Nations’ effort to develop minimum standards of treatment in prisons worldwide.

“People who run prisons have a very challenging time, and there’s a body of data growing that people who work in prisons, like people who live in them, have higher stress, heart attacks, blood pressure, suicide rates,” Resnik tells Rawles. “These are terrible environments of concrete and metal and noise and often dirt and violence. In the United States, many people who are in detention have had mental health issues and behavioral issues of significant kinds. And when you take people with limited training, often with staffs that are too thin, interacting with overcrowded facilities of metal and concrete, with limited resources, you end up generating scary places for everybody.

“So one of the kind of puzzles, if you step back, is how a thing called corrections, that promises safety, has generated institutions that are deeply unsafe for the people who live and work in them.”

Pop culture picks of 2025

Ally Kvidt — Thu, 18 Dec 2025 12:00:37 +0000

Looking for something to occupy yourself over the holidays, or to kick off your 2026? Lee Rawles is joined by her fellow Legal Talk Network hosts Stephanie Everett of the Lawyerist podcast and Conrad Saam and Gyi Tsakalakis of Lunch Hour Legal Marketing to share what books, TV shows and movies they enjoyed this year. They also share some of their own resolutions for 2026–and reveal a special new project for the Modern Law Library, coming soon to your podcast feed.

John Lennon’s lawyer explains how the musician’s deportation case changed immigration law | Rebroadcast

Ally Kvidt — Wed, 03 Dec 2025 12:00:15 +0000

December 8th marks the 45th anniversary of John Lennon’s death in 1980. In this special rebroadcast of Modern Law Library, we’re looking back at how his immigration helped expose corruption within the Nixon administration and rewrote the immigration process. His attorney, Leon Wildes, sat down with Lee Rawles and his son Michael Wildes to discuss what the case and the legal legacy Lennon left behind.

When immigration attorney Leon Wildes got a call from an old law school classmate in January 1972 about representing a musician and his wife who were facing deportation, their names didn’t ring a bell. Even after meeting with them privately at their New York City apartment, Wildes wasn’t entirely clear about who his potential clients were. He told his wife that he’d met with a Jack Lemon and Yoko Moto.

“Wait a minute, Leon,” his wife Ruth said to him. “Do you mean John Lennon and Yoko Ono?”

What Wildes didn’t know when accepting the Lennons’ case was that he and his clients were facing a five-year legal battle which would eventually expose corruption at the highest levels of the Nixon administration and change the U.S. immigration process forever. His account of that legal battle is told in “John Lennon vs. the USA: The Inside Story of the Most Bitterly Contested and Influential Deportation Case in United States History.”

Leon Wildes and his son Michael (now a managing partner at the firm his father founded, Wildes & Weinberg) joined the ABA Journal’s Lee Rawles to discuss the legacy of the case and the effect it’s had on the entire family.

Mentioned in This Episode

John Lennon vs. The U.S.A.: The Inside Story of the Most Bitterly Contested and Influential Deportation Case in United States History

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

Ally Kvidt — Wed, 19 Nov 2025 15:30:57 +0000

If you’re dreading your family’s lack of communication this Thanksgiving, here’s a conversation about another group that’s saying less and less with real consequences. In this rebroadcast, University of Texas law professor Stephen Vladeck joins The Modern Law Library to discuss The Shadow Docket and how the Supreme Court’s growing use of secretive, unsigned emergency orders is reshaping transparency, civic discourse, and public trust in the rule of law.

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 the U.S. Supreme Court is expanding its powers at the expense of the rule of law and public transparency.

A case ordinarily comes before the U.S. Supreme Court after a long appellate process; receives a public hearing where the case is argued before the justices; then a signed opinion or series of opinions and a majority ruling are issued, which generally comes months after oral arguments—and years after a matter first entered the court system. Given the limited length of each Supreme Court term, there has always been the need for an alternative form of response when the court is not in session or a swift response was absolutely necessary. The vast bulk of those occasions have been in capital cases, where a last-minute appeal might be the difference between life and death.

But since 2017, the U.S. Supreme Court has issued many more emergency orders than at any time previously, and on matters ranging from election law to immigration bans, from abortion access to COVID-19 restrictions on public gatherings.

By issuing unsigned majority emergency orders rather than signed majority opinions, Vladeck says the court is establishing precedents without supplying the legal reasonings behind its rulings. During a time when the U.S. Supreme Court and individual justices are being criticized for not abiding by a clear judicial code of ethics, Vladeck argues the secretive nature of the shadow docket will only further undermine public trust in the rule of law.

In this episode of the Modern Law Library, Vladeck discusses with the ABA Journal’s Lee Rawles the origin of the term “shadow docket,” the dangers he sees for the court and the country, and what remedies may be available to the republic.

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

Ally Kvidt — Wed, 05 Nov 2025 12:00:30 +0000

It’s election week in the U.S., and while many eyes are on the polls, we’re revisiting a conversation that reminds us why voting matters in the first place. In this rebroadcast, Yale Law professor Owen Fiss reflects on his work enforcing the Civil Rights and Voting Rights Acts, the courts’ role in protecting democracy, and why casting a ballot remains both a privilege and a duty.

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. As a young lawyer in the late 1960s, Fiss worked with the Department of Justice to implement those laws. A classroom discussion in the spring of 2020 prompted him to draw upon his legal expertise and decades of experience to produce his new book, Why We Vote.

In this episode of The Modern Law Library podcast, Fiss speaks with the ABA Journal’s Lee Rawles about the paradox of the court system–the least democratic branch of government–having the responsibility of safeguarding the right to vote. He looks back on his work with the DOJ in southern states, and his time as a clerk for Justice Thurgood Marshall (then on the 2nd U.S. Circuit Court of Appeals in New York) and Justice William Brennan.

Rawles and Fiss also discuss recent threats to the electoral system and right to vote, including the insurrection on Jan. 6, 2021. Fiss shares his thoughts about Section 3 of the 14th Amendment, and whether former President Donald Trump should be removed from the ballot on that basis.

While every book he writes is for his students, Fiss says, he hopes Why We Vote can impress upon a broader audience the privilege and duty of voting and participating in a democracy.

Users keepers: Pirates, zombies and adverse possession | Rebroadcast

Ally Kvidt — Wed, 15 Oct 2025 11:00:32 +0000

As Halloween swiftly approaches, we’ve conjured up a classic from the Modern Law Library crypt. What do zombies and pirates have to do with the law? Grab your candy and find out as host Lee Rawles is joined by Paul Golden, author of Litigating Adverse Possession Cases: Pirates v. Zombies.

——-

“Trespassing plus time equals adverse possession,” Paul Golden writes in his new book, Litigating Adverse Possession Cases: Pirates v. Zombies. When someone has occupied or used a piece of property as though they own it for long enough, a court could determine that they are the rightful owner—regardless of what the paperwork says. It’s a concept more popularly discussed as squatter’s rights.

In this episode of The Modern Law Library, Golden speaks with the ABA Journal’s Lee Rawles about the ancient concepts underlying modern adverse possession law; some quirky state laws; and why societies would allow land to be transferred in this way. They also discuss how the plain meaning of terms like “hostile” are changed when used in adverse possession cases, and Rawles raises a hypothetical—taken from real life—of a neighbor’s crooked fence.

During Golden’s first appearance on The Modern Law Library, he explained how the lack of a written contract could be navigated by a savvy lawyer. In his new book, Golden guides attorneys and their clients through the finer points of arguing for and against adverse possession claims. He shares some of the errors he’s seen pop up in adverse possession cases, and offers advice for how to avoid common pitfalls.

The Supreme Court’s colorful history with alcohol gets a look in ‘Glass and Gavel’ | Rebroadcast

Ally Kvidt — Wed, 01 Oct 2025 11:00:46 +0000

As the Supreme Court returns to the bench, we’re raising a glass to a favorite from our archives. In this episode, Nancy Maveety shares stories from Glass and Gavel, where cocktails meet constitutional law.

From the earliest days of the U.S. Supreme Court, alcohol has been part of the work lives and social lives of the justices. In the book “Glass and Gavel: The U.S. Supreme Court and Alcohol,” Nancy Maveety takes readers on a tour through the ways that SCOTUS and spirits have overlapped. In this episode of the Modern Law Library, she speaks with the ABA Journal’s Lee Rawles about how she came to write this in-depth history. While the Prohibition Era would immediately spring to mind, the court faced a number of cases involving alcohol that impacted commerce, advertising, criminal justice and even gender discrimination laws. Maveety, who in addition to being a scholar of constitutional law also studies mixology, shares how she selected a signature cocktail for each chief justice’s tenure. She also has a drink suggestion for readers which incorporates an ingredient that’s known to be one of Justice Ginsburg’s favorites–and a cautionary tale about a normally teetotaling chief justice who dropped dead after sipping a sherry.

David Grann uncovers the deadly conspiracy behind murders of oil-rich Osage tribe members | Rebroadcast

Ally Kvidt — Wed, 17 Sep 2025 11:00:18 +0000

As Native American Day approaches on September 25, we’re revisiting a story that still resonates today. Author David Grann takes us inside the Osage murders—a chilling chapter in U.S. history where oil wealth brought tragedy, corruption, and the rise of the FBI.

Although the Osage tribe had been forced from their ancestral lands by the U.S. government, through shrewd and careful bargaining they retained the mineral rights to one of the richest oil fields in the world: Osage County, Oklahoma. But instead of insuring the prosperity and safety of the tribe, the wealth of the Osage made them targets for what was later known as the Reign of Terror. The task of solving dozens of murders fell in the 1920s to the newly formed FBI and its young director, J. Edgar Hoover. In this episode of the Modern Law Library, author David Grann tells the ABA Journal’s Lee Rawles how he first learned of this series of murders and decided to write Killers of the Flower Moon: The Osage Murders and the Birth of the FBI. He also discusses the brave Osage woman at the heart of his story, Mollie Burkhart, who defied the local white-dominated power structure to discover who was responsible for the deaths of her family members.

Mentioned in This Episode:

Killers of the Flower Moon: The Osage Murders and the Birth of the FBI by David Grann

How to be (sort of) happy in law school | Rebroadcast

Ally Kvidt — Wed, 03 Sep 2025 11:00:29 +0000

As summer winds down and school beckons, we’re looking back in our archives and assigning some back-to-school reading—grown-up style. In this episode, Professor Kathryne M. Young shares advice from her book How to Be Sort of Happy in Law School—from tackling imposter syndrome to finding your own path through law school’s pressures.

—–

Law school can be a lonely, stressful time, and it’s easy to feel like you’re failing to fit the model of the perfect law student. But there’s no one right way to go to law school, says Professor Kathryne M. Young, author of How to Be Sort of Happy in Law School; you can craft your own experience. In this episode of the Modern Law Library, Young talks with the ABA Journal’s Lee Rawles about tackling imposter syndrome; advice that alumni wish they could give their younger selves; and techniques for getting along with your fellow students. Young uses lessons from her own law school experience and a sociological study she conducted to give practical tips for keeping a mental balance; choosing which courses and activities to pursue; managing the practical aspects of your household and budget; forming relationships with mentors and peers–and even deciding when if it’s time to leave law school altogether. Young’s book offers a holistic approach to surviving–and thriving–under the social, academic and economic pressures of law school.

Need to sharpen your legal writing? 10th Circuit Court judge shares his tips | Rebroadcast

Ally Kvidt — Wed, 20 Aug 2025 11:00:56 +0000

As summer winds down and school beckons, we’re looking back in our archives and assigning some back-to-school reading—grown-up style. In this episode, Judge Robert Bacharach shares insights from his book on the science of persuasive legal writing and why judges love to talk about language.

—–

There’s plenty of conventional wisdom about what makes a good legal brief or court opinion. Judge Robert E. Bacharach of the Denver-based 10th Circuit Court of Appeals says that when judges socialize, their conversations often devolve into discussions about language and pieces of writing they enjoy or revile.

But Bacharach decided he wanted to dive deeper, to see what the science of psycholinguistics could teach lawyers and judges about how written words persuade an audience. The result was his new book, Legal Writing: A Judge’s Perspective on the Science and Rhetoric of the Written Word, published by the ABA.

Legal Writing is a slim volume, but it’s packed with tips. It considers details as microscopic as a serif on a letter and as macroscopic as how to create an outline for an argument. In this episode of the Modern Law Library podcast, Bacharach chats about his own writing process; shares his top takeaways from the psycholinguists he consulted; and offers his advice for young litigators looking to hone their skills.

James Patterson dishes on his new legal thriller, ‘The #1 Lawyer’ | Rebroadcast

Ally Kvidt — Wed, 06 Aug 2025 11:00:16 +0000

With a new legal thriller on the horizon, we’re revisiting James Patterson’s 2024 interview about #1 Lawyer. The bestselling author shares how he builds courtroom suspense and what makes a legal story truly gripping.

—–

James Patterson has written bestsellers in many genres. But as he tells the ABA Journal’s Lee Rawles in this episode of The Modern Law Library, he has always been fascinated by legal thrillers, courtroom dramas and crime novels. He even considered becoming a lawyer, before his literary career took off.

In his newest release, The #1 Lawyer, James Patterson partnered with co-author Nancy Allen to tell the story of Stafford Lee Penney, a criminal defense attorney in Biloxi, Mississippi, who’s never lost a case. But after handing a high-profile murder trial involving the son of a mobster, Penney finds himself on the other side of the bench as a defendant himself, charged with murdering his own wife.

Patterson has written and co-written more than 300 books, including bestselling series like Alex Cross, Women’s Murder Club and Maximum Ride. He had some writing tips for attorneys, particularly on how to work collaboratively. As Patterson tells listeners in the podcast, he is open about working with other writers on many of his books, and he finds tools like outlining absolutely essential. He also shares with Rawles how he thinks co-writers should handle interpersonal communication while working together.

Patterson says one of the major benefits of working with co-authors is pulling from their experiences to make his books more accurate and true to life. When he wrote The President is Missing with Bill Clinton, the former president could tell Patterson the inside details of how a Secret Service detail worked. When he wrote Run, Rose, Run with Dolly Parton, she walked him through the production cycle for a song.

Allen, who conducted more than 30 jury trials as a prosecutor in Missouri and taught law for 15 years at Missouri State University, contributed her firsthand courtroom experience to The #1 Lawyer. Patterson says they worked to make everything as accurate as possible—while still allowing for a good story. It’s the pair’s second book together, following a previous standalone novel, Juror #3.

In this episode of The Modern Law Library, Patterson shares some of his favorite law-related pop culture picks; news about new and ongoing projects; and describes a very special birthday event with Dolly Parton. He also discusses how his children’s series Maximum Ride got caught up in Florida book bans in 2023. For fans of Patterson’s breakout success, the Alex Cross series launched in 1993 with Along Came a Spider, the author shares updates about what’s next for the intrepid detective—including details about the upcoming Amazon Prime TV series Cross, starring Aldis Hodge.

3 trial court judges share the tough cases that stuck with them | Rebroadcast

Ally Kvidt — Wed, 30 Jul 2025 11:00:30 +0000

This month, we’re revisiting some standout conversations from our archives. In this episode, three seasoned trial court judges reflect on the cases that have stayed with them throughout their years on the bench.

—–

All judges have cases that stick with them and linger in their memories. Sometimes it was because of the high profile of the case, and sometimes an obscure case had personal resonance because of the people or issues involved. In this episode of the Modern Law Library, the ABA Journal’s Lee Rawles speaks with Judges Russell F. Canan, Gregory E. Mize and Frederick H. Weisberg, who all sit on the Superior Court of the District of Columbia. The three judges were contributors to and the editors of “Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made.” Canan, Mize and Weisberg share their own stories, including why Canan’s well-meant gesture to avert an injustice in a gun case still troubles him. Mize explains why a child-custody case haunted him for decades, and what happened when he tracked down the now-grown child as he was deciding whether to write about it for “Tough Cases.” Weisberg talks about dealing with the emotional fallout from overseeing a case where a mother had murdered her four children.

Try estate law for a practice with work-life balance, says ‘Lifestyle Lawyer Revolution’ author

Ally Kvidt — Wed, 09 Jul 2025 11:00:13 +0000

Laura Cowan started her career in finance, earning a CPA and working at Ernst & Young and Goldman Sachs. When she decided to go to law school at 35, she knew that she wanted to launch a boutique firm with a practice area that complemented that financial background. Estate law seemed a good fit—but fate threw her a curve ball just as she launched her firm.

“I had to turn my entire practice virtual overnight in 2020 in New York City because of COVID,” Cowan tells the ABA Journal’s Lee Rawles in this episode of the Modern Law Library. “I moved to Rhode Island to shelter in place with my dad. During that couple of months that I was sheltering in place, I still had to get my law firm running. I had a business to run and bills to pay. So I made everything virtual, and I really streamlined everything. And what I found was that I could make pretty easily $10,000 a month, working just a couple of hours a day.”

She has now leveraged the experience of launching an all-virtual estate-planning practice into a coaching program, 2-Hour Lifestyle Lawyer, to help other lawyers launch similar practices. Her new book, Lifestyle Lawyer Revolution: Live a Life You Love (Without Leaving the Law), is full of tips and advice for building a personalized practice to provide work-life balance for attorneys.

“Now, what we found is that there’s a lot of lawyers who are happy working a lot more than that and are happy earning a lot more, but the name of the business really comes from just this idea that you can still be a really great attorney without working 10 hours a day, and you can make a nice living without working 10 hours a day,” says Cowan.

A key part of not working too many hours is to hire appropriate assistance, even as a solo just starting out, says Cowan.

“What I see a lot of is lawyers that spend too much time in the weeds of executing and doing all these different things that an admin could be doing, and not spending enough time doing what the lawyer should be focusing on,” says Cowan. “So they’re both working too much and not making enough money, which is the worst possible combination.”

Cowan encourages estate attorneys to hold community workshops to help people understand the importance of wills and trusts. She says it’s an excellent way to establish connections that can lead to further business.

“The real reason that people hire us is because of the connection,” Cowan tells Rawles. “And I firmly believe this. People don’t hire you because you’re the best drafter in the world. They hire you because of the way that you make them feel. So use AI and technology behind the scenes to help you get your work done and deliver a really great client experience, but never forget that it’s going to be that that makes them hire you.”

In this episode, Cowan also discusses the benefits of value-based pricing versus the billable hour; attracting the client base you want to target; and how to deal with your biggest frenemy: technology.

Barrister’s new mystery novel offers glimpse inside the Inner Temple

Ally Kvidt — Wed, 18 Jun 2025 11:00:19 +0000

Since it was seized from the Knights Templar in the 14th century, the Inner Temple in London has housed acolytes of a different sort: men (and eventually women) who serve as advocates of the law. Sally Smith spent her legal career—and now is spending her retirement—inside the 15 acres that comprise the Inner Temple, now one of the four Inns of Court.

Smith has previously written non-fiction books about historical crimes and legal figures. When she decided to turn her hand to writing fiction, the familiar setting of the Inner Temple was the perfect setting for her new mystery novel, A Case of Mice and Men.

Set in 1901, mere months after the death of Queen Victoria, A Case of Mice and Men introduces a new (and very reluctant) sleuth to the literary scene. Sir Gabriel Ward KC is happiest either when holed up in his Inner Temple lodgings with his books, or when making a compelling case in front of the High Court judges. A solitary, particular and cerebral man, Ward is not looking for excitement beyond the intellectual. But he finds it early one morning when he trips over the body of the Lord Chief Justice of England, which has been left on the doorstep of his professional chambers.

The ancient privileges afforded to the Inner Temple mean that no policeman is allowed to enter without permission, and an aghast Ward is told he will conduct the investigation himself or be at risk of being kicked out of his lodgings. Unused to the world outside the Temple walls, or of conversing with any women apart from his old nanny or his mother, Ward must stretch himself to discover who killed Lord Norman Dunning.

All the while, Ward is also wrestling with a knotty legal issue involving the rights to a bestselling children’s book, and will need to exercise all his skills on behalf of his client, the publisher of Millie the Temple Church Mouse. Written by a mysterious author, the book has been a runaway success, bringing throngs of children to the Temple Church and spawning toys, games and an American publishing deal. Now that the author has reportedly surfaced and is demanding her share of the money and control of the intellectual property, what will happen to Millie the Temple Church Mouse?

In this episode of the Modern Law Library, Smith and the ABA Journal’s Lee Rawles discuss the launch of this new series, which will contain at least three books following Ward’s adventures. Smith describes her own career as a barrister, and why she chose to set the series at the beginning of the Edwardian era. She also discusses the issues of class, gender and the complex world within the walls of the Inner Temple.

How a Florida murder and an unlikely justice created a ‘criminal procedure revolution’

Ally Kvidt — Wed, 04 Jun 2025 11:00:29 +0000

In Chambers v. Florida and the Criminal Justice Revolution, historian and former ABA Journal reporter Richard Brust lifts the veil on a case that laid the groundwork for some much more famous civil rights victories.

On May 13, 1933, shopkeeper Robert Darsey was robbed and murdered in Pompano, Florida. Four Black migrant farm workers—Izell Chambers, Walter Woodard, Jack Williamson and Charlie Davis—were seized and pressured by the local sheriff into confessing to the murder under threat of lynching. Their appeals eventually reached the U.S. Supreme Court through the efforts of some dedicated African American attorneys, and succeeded in 1940.

In Justice Hugo Black’s written opinion for the majority, the justice drew parallels between the Jim Crow regime in the American South and the rise of authoritarianism and fascism in Europe. Chambers v. Florida forbade the use of psychological coercion—such as threatening to turn prisoners over to lynch mobs—as well as physical abuse to extract confessions. The court’s ruling declared that the protections of the Bill of Rights extended into states’ criminal cases, and began to change the kinds of cases that made it onto the Supreme Court docket.

Brust sees it as part of a trio of cases, which includes Moore v. Dempsey (1923) and Brown v. Mississippi (1936), that led to a “criminal procedure revolution,” he tells the ABA Journal’s Lee Rawles.

In this episode of The Modern Law Library, Brust discusses the lawyers who worked on the case, most prominently Simuel D. McGill, a Black attorney in Jacksonville. He delves into the generational differences between the Floridian defense lawyers and the attorneys of the NAACP’s Legal Defense Fund who would go on to win key civil rights battles. He explains why Justice Black would have been considered an unlikely author for this opinion. And he shares what he could discover about the fates of Chambers, Woodard, Williamson and Davis after the trial.

What today’s rainmakers do differently

Ally Kvidt — Wed, 21 May 2025 20:00:14 +0000

Matthew Dixon, co-founder of DCM Insights, is a researcher who’s spent the bulk of his career looking into the shared characteristics and behaviors of successful B2B salespeople. In 2011, he released a study called “The Challenger Sale.” when giving a keynote on his findings at an annual partner retreat, when an audience member stood up and challenged him.

“He said, ‘Dr. Dixon, you’ve been talking now for 45 minutes about sales effectiveness and salespeople and selling and sales process, and it’s all very fascinating and I’m sure our clients would be very interested in this,’” Dixon recounts to the ABA Journal’s Lee Rawles in this episode of The Modern Law Library. “‘And after all, we do a lot of consulting work around go-to-market strategy. But what maybe you don’t recognize is that we are partners at our firm. We are not salespeople. In fact, there’s not a single salesperson in this audience. I might go so far as to say we don’t sell anything here.’”

Dixon was taken aback. “What I realized was this world of partnerships, of professional services, of doer-sellers is actually quite a bit different from the world of sales and what we had written and all this research we’d done over the years.”

In 2022, he tackled this population with the Rainmaker Genome Project, a study that became the basis for The Activator Advantage: What Today’s Rainmakers Do Differently, co-written by Dixon, Rory Channer, Karen Freeman and Ted McKenna.

The Rainmaker Genome Project surveyed 3,000 partner-level professionals in 41 firms from the fields of law, public relations, accounting and investment banking. About 39% of respondents were lawyers. Each received a score for their effectiveness in business development and were analyzed for how they provided client services. And it turns out that partner was correct: What makes a lawyer an effective rainmaker is not necessarily what makes a salesperson an effective seller.

After doing a vector analysis on the data, “what we found was that every one of those 3000 professionals could be placed into one of five business development profiles,” says Dixon. The five profiles were the expert, the confidant, the debater, the challenger and the activator.

Dixon stresses that the five categories are not about your personality. While personalities are immutable, behaviors can be changed.

“These are about the things that we can all learn to be better at,” says Dixon. “It’s about the way we spend our time, it’s about the way we engage our clients, it’s about how we use resources, about how we collaborate with our colleagues, and those are things we can all get better at with the right training, coaching and support from our firms.”

In this episode, Dixon expands on each type, but the most effective performers in terms of business development were found to be the activators.

“The reason we chose the term ‘activator’ instead of ‘connector’—people have asked about this before—is that they’re not about collecting business cards and letting them collect dust or just hoarding LinkedIn connections,” Dixon tells Rawles. “What these folks do is they try to turn these relationships, these connections, into paying client relationships. And the way that they do it, the way they activate those relationships, is they proactively bring new ideas to those clients, new ways to mitigate risk, new ways in consulting, new ways to make money or save money.”

Dixon offers practical advice on how to behave like an activator, including the most effective ways to use LinkedIn. Lawyers and other client-servicing professions can’t just sit back and wait for business opportunities to find them, he warns.

“Whether we like to admit it or not, clients are less loyal today than they once were,” he says. “They’re less likely to automatically come back to their incumbent provider. No matter how great a relationship you have, or how great the value you’ve delivered is, they’re forcing us to compete in ways that we didn’t have to in the past. And so activators want to have a backup plan. They know that that great client today might not be a client tomorrow no matter what you’ve done on your end to deliver value and build a great relationship. So you need a backup plan.”

Perplexed about AI? Richard Susskind wants to help

Ally Kvidt — Wed, 07 May 2025 11:00:09 +0000

For nearly 30 years, Richard Susskind has written books asking lawyers to envision the future of the law and the legal profession in ways that stretch the imagination. Susskind has been one of the foremost proponents of the transformative potential of technology in legal services. Now, he’s asking us to imagine larger transformation still: a world in which AI reigns and humanity faces being sidelined.

Susskind was an early and enthusiastic booster of the development of artificial intelligence, he tells the ABA Journal’s Lee Rawles in this episode of the Modern Law Library. He first became enamored of its potential as a law student in the 1980s, and wrote his doctorate at the University of Oxford on AI and the law in 1986. But the speed and direction of recent advances have given him pause. Will AI be a tool for humanity, or its destruction?

In his new book, How to Think About AI: A Guide for the Perplexed, he hopes to help the layperson navigate the issues raised by artificial intelligence, and provoke a global discussion about the ethical and legal implications. Technology is too important to be left only to the technologists, he says.

While most people are able to see the promise of AI for professions other than their own, Susskind sees a phenomenon he calls “not-us thinking” when most people are asked if their own work could be taken over by an AI system. Lawyers should be careful not to overestimate clients’ attachment to having a human lawyer if their goal is simply to avoid legal pitfalls and they can rely on an AI system to accomplish that.

In this episode, Susskind discusses the promise of AI for increasing access to justice, and talks about some of the ethical decisions that will have to be made with Rawles, who is more of an AI skeptic.

‘Secrets of the Killing State’ exposes realities of lethal injection

Ally Kvidt — Wed, 23 Apr 2025 11:00:04 +0000

Execution by lethal injection is seen by many Americans as a less barbaric alternative than older methods like hanging, firing squads and electrocution. It is easy to assume that the process must resemble euthanasia procedures for terminally ill people or pets. The reality is very different, says Corinna Barrett Lain, a law professor and death penalty expert.

Lain didn’t initially intend to make the death penalty her primary area of study, she tells the ABA Journal’s Lee Rawles in this episode of the Modern Law Library. A former prosecutor in Virginia, Lain did not begin her work out of opposition to the death penalty. But the more she discovered about the realities of the administration of lethal injections, the more she was compelled to demystify the process.

In Secrets of the Killing State: The Untold Story of Lethal Injection, Lain upends a lot of conventional wisdom about lethal injections. For example, the three-drug protocol used by most states was not a drug cocktail arrived at through scientific research. Rather, in 1977, after the U.S. Supreme Court allowed executions to resume after a 10-year hiatus, Oklahoma medical examiner Dr. Jay Chapman was asked by a state legislator to come up with an alternative to the state’s rickety electric chair. Though Chapman admitted he was “an expert in dead bodies but not an expert in getting them that way,” he proposed combining sodium thiopental, pancuronium bromide and potassium chloride. “You wanted to make sure the prisoner was dead at the end, so why not add a third drug,” the book quotes Chapman as saying. “Why does it matter why I chose it?” In contrast, an overdose of a single drug, pentobarbital, is what is commonly used by veterinarians in animal euthanasia.

“Lethal injection is not based on science,” Lain writes. “It is based on the illusion of science, the assumption of science.”

In this episode, Lain and Rawles also discuss botched executions, shady sources used by states to procure the drugs used for lethal injections, and how Lain’s scholarship has impacted her views of capital punishment as a whole.

‘Patenting Life’ shares tales from a career on the cutting edge of science and the law

Ally Kvidt — Wed, 09 Apr 2025 11:00:33 +0000

Jorge Goldstein entered the fields of science and law at a time of immense change for them both. In the 1970s, huge strides were being made in biogenetics and microbiology, and in the 1980s, the intellectual property community was being asked to answer some giant questions they raised, like: How can you describe life, legally? Can a living being be patented? Who owns the material from your body?

The 45 years since the groundbreaking 1980 case of Diamond v. Chakrabarty, in which the U.S. Supreme Court decided that living organisms could be patented, have been an intensely busy time for microbiologists, biochemists, genetic researchers, and the patent lawyers who serve them. Goldstein, who holds a PhD in chemistry from Harvard University and a JD from George Washington University Law School, has been on hand to witness and help shape many of the resulting debates.

In Patenting Life: Tales from the Front Lines of Intellectual Property and the New Biology, Goldstein weaves stories from his own life and practice with the fascinating histories behind some well known medications, lesser known scientists, and groundbreaking court cases that will shape future scientific ventures. In this episode of the Modern Law Library, he and the ABA Journal’s Lee Rawles discuss the book and the fascinating career he’s had.

In the book, Goldstein explains many of the scientific developments behind technologies like CRISPR in a way that lay people can understand, while offering humanizing looks at the quirky and sometimes flawed scientists who made those discoveries. Large moral and ethical questions are raised about how technologies are developed, commercialized and put into practice, and he does not shy away from the discussions. He also offers his perspective on how patent law can be improved to fund further scientific advancements while also protecting innovation.

Goldstein and Rawles discuss key cases that helped shape genetic research, and some of the major changes he’s seen in legal theory over his career. They also discuss tikkun olam, a concept in Judaism about how our actions can repair and improve the world. It’s something Goldstein feels is a proper focus for science and for law, and they discuss two of the pro bono projects he has worked on with indigenous communities in which he can use patent law to protect their rights.

Finally, Goldstein offers advice to young scientists and attorneys who are interested in practicing in these fields, and shares his opinion on what artificial intelligence could mean in the patent law sphere.

How thinking like an athlete can make you a better lawyer

Ally Kvidt — Wed, 19 Mar 2025 16:00:28 +0000

Peak performance in high-stress environments. It’s the goal for the basketball players taking the court during March Madness, but just as much for players on a different kind of court. Lawyers can and should learn a lot from elite athletes, says Dr. Amy Wood.

In this episode of the Modern Law Library, Wood shares her insights with the ABA Journal’s Lee Rawles. Wood, a clinical psychologist, has focused her career on attorney wellness. She is the author of the new book Lawyer Like an Athlete: How to Up Your Game at Work and in Life, published by the ABA’s GPSolo Division. Wood first developed Lawyer Like an Athlete as a CLE program, sharing tips on achieving physical and mental wellness, as well as preparing lawyers to maximize their work performance.

There are four characteristics Wood identifies as being shared by star athletes and star attorneys: exquisite self-care, a grounded perspective, “nourishing diversions” and thriving relationships. Without attending to those elements, she says, it’s difficult for lawyers to sustain themselves in a high-stress profession.

Many lawyers enjoy extreme solo sports, like marathon running. But don’t forget about team sports. There’s much you can learn about personal performance from elite athletes, but it’s just as important to integrate lessons about team performance, Wood says. Are the people on your “team” helping you perform at your peak?

Wood and Rawles also discuss the importance of striving for a “fan’s perspective”; the importance of visualization; the cycle of workouts and recovery days; and five signs that it’s time to reach out for professional assistance.

This Harvard Law prof thinks constitutional theory is a terrible way to pick a judge

Ally Kvidt — Wed, 05 Mar 2025 12:00:49 +0000

What if we are asking the wrong questions when selecting American judges? Mark Tushnet thinks our current criteria might be off.

“We should look for judges who are likely to display good judgment in their rulings … and we shouldn’t care whether they have a good theory about how to interpret the Constitution as a whole—and maybe we should worry a bit if they think they have such a theory,” the Harvard Law professor writes in his new book, Who Am I to Judge? Judicial Craft Versus Constitutional Theory.

In looking at what qualities were shared by great Supreme Court justices, Tushnet identified five he thinks were of especial importance:

Longevity and age
Location in political time
Prior experience in public life
NOT A JUDGE (“I put this in capital letters because it’s common today to think that justices have to have been judges,” Tushnet wrote. He doesn’t see having a past judicial career as disqualifying, but points out that many great justices were not sitting judges when appointed.)
Intellectual curiosity

In this episode of The Modern Law Library, Tushnet and the ABA Journal’s Lee Rawles discuss how he thinks people should be evaluated for judicial positions; his experience as a clerk for former U.S. Supreme Court Justice Thurgood Marshall; what makes a well-crafted opinion; and why he thinks any overarching theory about the Constitution will fall short.

‘The Licensing Racket’ takes aim at professional licensing in America

Ally Kvidt — Wed, 19 Feb 2025 12:00:58 +0000

Should you need a license for that? For law professor and antitrust expert Rebecca Haw Allensworth, there are huge problems with professional licensing in America—and her solutions might not make anyone completely happy.

In her new book, The Licensing Racket: How We Decide Who Is Allowed to Work, and Why It Goes Wrong, Allensworth takes a deep dive into the history and function of licensing in the United States. While licensing boards are put forth as a way to protect consumers, Allensworth says that in practice, their decisions can be arbitrary and their disciplinary functions flawed.

In this episode of the Modern Law Library, Allensworth and the ABA Journal’s Lee Rawles chat about a range of professions that currently require licenses, from hairdressing to law and medicine. While disciplinary procedures for lawyers are not open to the public, she was able to attend a number of proceedings for health care workers accused of wrongdoing, and what she found sometimes shocked her—and even shocked some of the people responsible for making those disciplinary decisions. She shares some of those stories in the episode.

The Licensing Racket argues that licensing should be done away with for many professions. For those that remain, however, Allensworth believes much more must be done by government agencies rather than allowing professions to self-police themselves through volunteers and licensing boards

Former Watergate prosecutor and friends reflect on life in ‘Legal Briefs’

Ally Kvidt — Wed, 05 Feb 2025 21:00:53 +0000

For some people, retirement is an opportunity to kick back and finally relax. But for Roger M. Witten, it was a chance to finally tackle that book he’d been thinking about writing. With a little help from longtime friends and colleagues, Legal Briefs: The Ups and Downs of Life in the Law was born.

Witten’s aim was to reach a general audience and given them an idea about what a life in the law could look like outside the most well-known bounds of a criminal justice, Law & Order career. The result is a series of short, digestible anecdotes from 20 attorneys, talking about memorable cases, clients and conundrums they had. A reader could flip to any chapter in Legal Briefs and spend an enjoyable 5-10 minutes getting a snapshot from a contributor’s career.

Witten himself shares how he became an assistant special prosecutor for the Watergate Special Prosecution Force in the 1970s. In this episode of the Modern Law Library, he tells host Lee Rawles about defending a wise guy client code-named Ted, who nicknamed Witten “Witless” and threw a party with a banner reading “Ted – 1, FBI – 0” when they reached a successful plea agreement.

Many of the contributors to the book of essays were involved in government litigation and complex corporate matters. Witten himself was one of the foremost litigators handling Foreign Corrupt Practices Act cases, and before his retirement was a senior litigation partner in WilmerHale’s New York office.

In this episode he also shares his perspective as a former Watergate prosecutor on current events within the federal government since the Trump Administration began, and recounts his experience with the late Sen. John McCain while defending campaign finance reforms.

When should life sentences be overturned? Judge shares how he decides

Ally Kvidt — Wed, 08 Jan 2025 15:30:04 +0000

A federal judge’s new book is giving readers a rare inside glimpse at how a judge determines which prisoners deserve to have their sentences overturned.

In his memoir, Disrobed: An Inside Look at the Life and Work of a Federal Trial Judge, Judge Frederic Block introduced readers to his colorful life and career. In Crimes and Punishments: Entering the Mind of a Sentencing Judge, he explained the rationale judges use when deciding sentences, and the human toll it can take. And now, in A Second Chance: A Federal Judge Decides Who Deserves It, he’s shining a light on how judges consider resentencing and compassionate release.

Without the passage of a key federal law in 2018, A Second Chance would not have been written. A bipartisan piece of legislation signed by President Donald Trump and supported by the ABA, the First Step Act was one of the biggest criminal justice reforms in the past decade. Among its sentencing reforms, it allows federal judges to reconsider sentences given out during tough-on-crime crackdowns, and for prisoners to petition for compassionate release.

Block, who is a senior judge on the U.S. District Court for the Eastern District of New York, soon found himself asked to reconsider sentences under the First Step Act. In the book, he outlines the crimes and rehabilitations (or lack thereof) of six federal prisoners. From a former police officer who assaulted an innocent Haitian immigrant to a trio of mobsters, Block selected an array that represents the types of cases he’s being asked to consider. Later in the book, he reveals the fate of each—whether life sentences were overturned or unrepentant prisoners were returned to their cells.

In this episode of the Modern Law Library, Block tells ABA Journal’s Lee Rawles how his own views on sentencing have changed since he ascended to the bench in the 1990s. In a case that made the news after A Second Chance went to press, Block overturned a sentence he gave out 27 years ago, during his second year on the bench. Block had imposed a quintuple life sentence on Walter Johnson after the man was convicted of robbery, cocaine possession and witness tampering. At 61, Johnson has now been released from prison, and Block discusses that decision in the episode.

Block sees a moral imperative for all strata of the justice system to work together to address mass incarceration. In addition to calling on judges to be open-minded when considering resentencing offenders, he encourages criminal defense attorneys to go through their lists of former clients to see whether any would be eligible for relief under the First Step Act. Most importantly, Block is calling upon citizens to lobby for sentencing reforms like the First Step Act on the state level, since the legislation only applies to federal prisoners. He points out that only about 200,000 of the approximately 2 million incarcerated Americans are federal prisoners; the vast majority are overseen by state courts.

Block also discusses the public response to President Joe Biden’s recent clemency decisions, and how collateral consequences have influenced his initial sentencing decisions.

Our favorite pop culture picks in 2024

Ally Kvidt — Wed, 18 Dec 2024 15:30:08 +0000

It’s the time of year when The Modern Law Library likes to look back on the media that we’ve enjoyed: our annual pop culture picks episode. This year, host Lee Rawles is joined by the ABA Journal reporters Danielle Braff and Anna Stolley Persky, and Victor Li, an assistant managing editor and host of the Legal Rebels Podcast.

Naturally, their favorite books are discussed. But they also have movies, TV shows, podcasts and even Broadway musicals to recommend. From presidential histories to wicked witches, listeners will find ways to occupy the holiday season and the new year.

Horse-loving lawyer left the law to help run a Colorado ranch

Ally Kvidt — Wed, 04 Dec 2024 22:00:42 +0000

Ami Cullen grew up loving horses and competing in hunter/jumper events. But when it came to her career, she decided that law would be her calling. She graduated from law school and began work with a firm in Maryland working on medical malpractice cases. Then a visit to a Colorado dude ranch changed everything.

In Running Free: An Incredible Story of Love, Survival, and How 200 Horses Trapped in a Wildfire Helped One Woman Find Her Soul Cullen shares a lightly fictionalized version of the journey she’s been on for more than a decade.

Just as Cullen once did, Running Free’s main character Emme Muller visits the C Lazy U Ranch in Granby, Colorado, on a girl’s trip and falls in love with the wrangling way of life. She decides to leave her life as an East Coast lawyer to work at the ranch—initially planning it as a six-month sabbatical from her career.

Instead, she stays, eventually becoming head wrangler and marrying another employee at the dude ranch. But in October 2020, the East Troublesome Fire, the second-largest wildfire in Colorado history, imperiled the C Lazy U Ranch. Muller has to work with her employees and horse-loving community members to evacuate the ranch and save 200 horses from a relentless and rapidly shifting fire.

That part of Running Free is also true, Cullen tells the ABA Journal’s Lee Rawles in this episode of The Modern Law Library. Now the director of equestrian operations at the C Lazy U Ranch, it was Cullen’s responsibility to save the herd of horses through two harrowing wildfire evacuations and an ice storm that sent fleeing horse trailers careening off the roads back in 2020. After the fire was out and recovery had begun, Cullen felt a compulsion to put down her experience in writing. The first attempt produced 80 pages that read like a legal brief, she tells Rawles. By fictionalizing her experiences and creating some composite characters, she was able to write Running Free, her first novel.

In this episode of The Modern Law Library, Cullen discusses what it was like to decide to leave the law, what it’s like to help run a dude ranch, leadership skills she learned from working with horses, and why you’re never too old to take up equestrianship.

What went wrong–and right–with 10 famous trials

Ally Kvidt — Mon, 25 Nov 2024 12:00:03 +0000

J. Craig Williams believes empathy is an important quality to be a trial lawyer. It’s served him in his profession, and it’s a tool he has also been using as an author trying to get into the minds of people from past eras.

In How Would You Decide? 10 Famous Trials That Changed History, Book One, Williams examines cases and trials from history through the lens of a modern trial lawyer. He uses the accounts of the historical proceedings to illustrate current principles of litigation and civil rights, and explains what each can tell us about the rule of law.

In this episode of The Modern Law Library, Williams tells the ABA Journal’s Lee Rawles that empathy was key in trying to understand the people involved in events like the Salem Witch trials, and figuring out how injustices could be perpetrated. He realized there were parallels to be drawn between society in late-17th century Salem and American society today.

The 10 trials featured in this first volume of How Would You Decide? are:

The Trial of Jesus
The Salem Witch Trials
Boston Massacre Trial
Civil War Tipping Point and Aftermath Trials (Dred Scott, John Brown, Plessy v. Ferguson)
O.K. Corral Shootout Trial of Wyatt Earp and Doc Holliday
The Black Sox Trial
The Scopes “Monkey Trial”
The Lindy Chamberlain Trial
The McMartin Preschool Trial
The O.J. Simpson Murder Trial

The case that most readers bring up when speaking with Williams is the Boston Massacre trial. Williams, who grew up in New England, says he was surprised to find during his research that there was much he hadn’t known about the case himself. Founding Father and future president John Adams was the attorney who successfully defended the British soldiers who fired into the Massachusetts crowd, an extremely risky professional and social decision. Williams and Rawles discuss Adams’s representation and what it meant for the establishment of the rule of law in the United States.

Listeners might best know Williams from his Lawyer2Lawyer podcast, which he launched in 2005, making him a pioneer in legal podcasting. Since Williams was already familiar with audio production, How Would You Decide? was a natural fit for multimedia. He launched a companion website, 10FamousTrials.com, making available more of the source material he relied on to write the book. He also partnered with Legal Talk Network to release a miniseries podcast, which is currently in production. In Dispute covers one of the 10 trials each episode, featuring commentary and reenactments drawn from trial transcripts and historical documents.

In this episode, Williams and Rawles discuss his research process, how he selected which trials to feature, and what might make it into Book Two. They also get into the holiday spirit by talking about The Sled, a Christmas story Williams and his wife wrote for their grandchildren.

‘Watchdogs’ author has no regrets about choosing civil service over the NBA

Ally Kvidt — Wed, 06 Nov 2024 12:00:35 +0000

Glenn Fine’s career-long crusade against corruption might have its roots in his college days. As a point guard for the Harvard basketball team, Fine had his personal best game on Dec. 16, 1978, the same day he interviewed for–and received–a Rhodes scholarship. He put up 19 points against Boston College, including eight steals, and the team nearly eeked out a win against the favored Boston players. A remarkable day.

What Fine would later discover was that mobsters had bribed Boston College players to play worse to keep the game tight and not cover the point spread. Henry Hill and Jimmy Burke–later portrayed by Ray Liotta and Robert De Niro in the movie Goodfellas were part of the point-shaving scheme.

Fine would later be drafted in the 10th round of the NBA draft by the San Antonio Spurs, but it was the anti-corruption law that stuck, not basketball.

Fine took a job out of law school as a prosecutor in Washington, D.C., and joined the Office of the Inspector General at the Department of Justice in 1995. He would go on to serve as Inspector General at the DOJ from 2000 to 2011, then at the Department of Defense from 2015 until 2020. He was one of the five inspectors general fired by then-President Donald Trump in what the Washington Post referred to as the “slow-motion Friday night massacre of inspectors general.”

But what do inspectors general do? It’s a question Fine wants to answer with his book, Watchdogs: Inspectors General and the Battle for Honest and Accountable Government. In this episode of the Modern Law Library, Fine and the ABA Journal’s Lee Rawles discuss the function, history and importance of the position, along with ways Fine believes government oversight can be improved.

As of the book’s publication in 2024, there are 74 inspector general offices at the federal level, with more than 14,000 employees. As the IG for the Department of Defense, Fine oversaw the largest office, with some 1,700 employees. Inspectors general conduct independent, non-partisan oversight investigations into waste, fraud, misconduct and best practices, and deliver their reports and recommendations to Congress and the agencies involved. The IGs cannot enforce the adoption of recommendations, but their work acts as the “sunshine” for disinfection, Fine says.

One major recommendation Fine makes in Watchdogs is that an inspector general be established for the U.S. Supreme Court and the federal judiciary, who could perhaps file their reports to the chief justice or the head of the Administrative Office of the U.S. Courts. Fine points to judicial ethics concerns and polls finding public trust in the Supreme Court at historic lows, and argues one way to increase public trust is through the transparency provided by an inspector general.

Also in this episode, Fine offers advice for anyone considering a career in public service. Rawles and Fine discuss stories of his own investigations, including evaluating the claims of a whistleblowing scientist at the FBI laboratory and looking into how the infamous double-agent spy Robert Hanssen was able to fool his FBI superiors and pass intel to Soviets and Russians.

Meet the sheriffs who believe they are ‘The Highest Law in the Land’

Ally Kvidt — Thu, 24 Oct 2024 18:30:50 +0000

The first image conjured in your mind by the word “sheriff” might be the protagonist of a Wild West movie or Robin Hood’s foe, the Sheriff of Nottingham. But unless you’re a resident of Alaska, Connecticut, Hawaii and Rhode Island, there’s likely an elected law-enforcement official in your area who holds that title.

In The Highest Law in the Land: How the Unchecked Power of Sheriffs Threatens Democracy, lawyer and journalist Jessica Pishko takes a deep dive into the history of this position in American life, and at a far-right movement hoping to co-opt the role of sheriff to advance extreme conservative policies.

There are some 3,000 sheriffs in the United States, one per county (or county equivalent). In this episode of The Modern Law Library, Pishko and the ABA Journal’s Lee Rawles discuss how the rural/urban divide impacts the demographics of sheriffs. Ninety-seven percent of the land area in the United States is considered rural, but only 20% of the people live in those rural areas. In the 2020 census, Greene County, Alabama, had 7,730 residents and one sheriff. Cook County, Illinois, which contains the city of Chicago, had 5,275,541 residents and one sheriff. This leads to a larger proportion of sheriffs representing a rural and more conservative demographic, Pishko says.

Pishko explains the “constitutional sheriff” movement, including its similarities to other fringe movements like the sovereign citizens. Adherents claim that sheriffs alone have the power to interpret how the Constitution and the first 10 Amendments should be enforced in their counties. They claim that state governments, the federal government, the president and the U.S. Supreme Court have no power over sheriffs, and that as elected officials, sheriffs are answerable only to their constituents.

In this episode, Pishko also describes the large role sheriffs have in incarcerations, how their enforcement powers differ or overlap with police, and what disciplinary or oversight measures are available when a sheriff abuses their office. Pishko and Rawles also discuss the roles sheriffs might have in local elections, and whether they might have an impact on the 2024 presidential election.

‘Company’ is the perfect short story collection for spooky season

Ally Kvidt — Wed, 09 Oct 2024 21:00:58 +0000

Most—though not all—of the 13 short stories in Company deal with members of the Collins family. Three generations of narrators bear witness to the changing fortunes of the family, and as with any witness statement, everyone has a different perspective on what actually happened. Also, there are ghosts—and at least one witch.

The matriarch and patriarch of the Collins family ran a jazz club in Atlantic City. Their four daughters and eight grandchildren face issues of race and class, fecundity and infertility, marriage and divorce.

In this episode of The Modern Law Library, the ABA Journal’s Lee Rawles speaks with author Shannon Sanders about the similarity between crafting a perfect brief and a short story, and its differences from novel writing. They discuss the ways families are built, through biology, shared experiences and legal paperwork.

Sanders shares how she balances her full-time legal work, her family life and her work as a writer. She also offers tips for people looking to publish their short stories in magazines and literary journals. The hardback version of Company is available now, and the paperback will be released on Nov. 12.

The Supreme Court is a liberal body–when it comes to legal writing

Ally Kvidt — Wed, 25 Sep 2024 11:00:31 +0000

Jill Barton spent the first decade of her career working as a journalist, with the Associated Press Stylebook always at hand to determine word usage and punctuation choices. But when she became an attorney, she says, she realized that there was no single equivalent style guide when it came to legal writing—and she had to adjust to using the Oxford comma.

As a professor of legal writing at the University of Miami, she also began to notice a contrast between the classic 19th and 20th century court opinions her students were being given to read and the style of writing coming out of the U.S. Supreme Court in the 21st century. Standards were changing at the highest court of the land, but the wider legal community wasn’t necessarily aware of it. Barton spent five years analyzing more than 10,000 pages from Supreme Court opinions, and The Supreme Guide to Writing is the result.

In this episode of the Modern Law Library, Barton and the ABA Journal’s Lee Rawles discuss her findings, and what some of the bigger surprises were. One of her biggest takeaways is that the justices are not a conservative bunch when it comes to writing style.

For example, during most of Justice Antonin Scalia’s tenure on the court, he was a strident opponent of contractions—can’t, don’t, shouldn’t were always cannot, do not, should not. But in his final years, Scalia did sprinkle in a few contractions, and his replacement, Justice Neil Gorsuch, is “King of the Contractions,” Barton says.

The justices were willing to depart from grammar rules if adhering to them caused stilted writing, Barton found. Chief Justice John Roberts uses commas based on cadence rather than simply following strict English grammar guidance. All the justices showed a marked preference for active verbs and shorter, simpler phrases. They have adapted to using pronouns that match litigants’ gender identities, and to using the singular “they” rather than “he or she.”

The Supreme Guide to Writing notes when the court shows unanimity in a usage rule, and when there is disagreement. While each justice shows internal consistency with how they show a possessive when a singular noun ends in “s,” there is no group consensus on apostrophe-s versus a single apostrophe. Barton discusses her research process, offers more insight into the way legal language is evolving, and shares how practitioners can use her book to modernize their own writing.

Legal thriller author David Ellis’s day job? Appellate court justice

Ally Kvidt — Thu, 29 Aug 2024 11:00:39 +0000

Justice David W. Ellis has served on the Illinois Appellate Court for the 1st District for nearly 10 years. But readers may know him better as author David Ellis, writer of more than a dozen legal thrillers.

Ellis had enjoyed creative writing as a youth, he tells the ABA Journal’s Lee Rawles in this episode of The Modern Law Library. But during his college and law school years, he was focused solely on his legal career path. It wasn’t until he had been in practice for a few years that this changed. During a vacation at the beach, he suddenly decided that he was going to write a novel—and once that goal was set, he worked relentlessly towards it. And in 2002, he won a prestigious Edgar Award from the Mystery Writers of America for that first novel, Line of Vision.

Both branches of Ellis’s career have seen tremendous returns. He made national news in 2009 as the prosecutor of the impeachment of Illinois Gov. Rod Blagojevich before the state senate. He was the youngest-serving justice in 2014 when he joined the Illinois Appellate Court for the 1st District, which serves Chicago and Cook County. And along the way, he published 11 novels, including the four-book Jason Kolarich series. He was a finalist for the ABA Journal-sponsored Harper Lee Prize for Legal Fiction in 2012 and 2013. He has also co-written nine books with James Patterson, the latest of which (Lies He Told Me) will be released in September.

In this episode, Ellis and Rawles discuss his July release, The Best Lies. The germ of an idea that became The Best Lies started off with the notion of a main character who was a diagnosed pathological liar. When the book opens, Leo Balanoff, a criminal defense attorney in Chicago, has just been arrested for murder. Police have collected DNA and fingerprints at the scene that are a match for a college-era bar fight Leo was charged for, and the victim had an ugly history with one of Leo’s clients. Over the course of The Best Lies, twists and turns across multiple timelines and through multiple points of view begin to reveal what really happened. Ellis weaves a tale combining corporate espionage, violin concertos, police corruption and the Estonian mob.

Ellis also discusses his writing process, his 3:30 a.m. wake-up time, the similarities in his creative and legal writing, and how his judicial ethics concerns sometimes impact his editorial decisions.

‘Shaping the Bar’ author says bar exam protects legal profession, not public

Ally Kvidt — Wed, 24 Jul 2024 11:00:48 +0000

The goal of the bar exam is to be a gatekeeper for the legal profession and protect the public. But the current system, dominated by the Uniform Bar Examination, gets a failing grade from Joan Howarth, an academic, an attorney and the author of Shaping the Bar: The Future of Attorney Licensing.

Summer reading picks and why a YMCA-funded crusade against obscenity matters today

Ally Kvidt — Wed, 10 Jul 2024 20:15:05 +0000

Do you need some distractions during vacation travel or while lying directly under your A/C unit and sweating? It’s time for The Modern Law Library’s summer recommendations episode, in which host Lee Rawles shares her pop culture picks with you, plus a re-airing of one of our older episodes with current relevance.

As states navigate a post-Dobbs world, a series of federal and state regulations known as Comstock Laws are being discussed as avenues to further restrict access to abortion drugs and birth control. In 2018, with Roe v. Wade still the law of the land, Rawles and Amy Werbel discussed the fiery namesake of those laws and Werbel’s book Lust on Trial: Censorship and the Rise of American Obscenity in the Age of Anthony Comstock. It sheds light on how a 19th-century U.S. Postal Service agent funded by the Young Men’s Christian Association created obscenity restrictions so sweeping that medical textbooks were seized and destroyed for displaying anatomical diagrams.

Rawles also shares some favorites from what she’s been reading and listening to since our 2023 year-end pop culture picks episode. If you have your own favorite reads so far in 2024, send your recommendations to books@abajournal.com with a brief description, and we may choose to highlight them on our social media.

Mentioned in the episode:

BOOKS

The Three Dahlias, A Very Lively Murder and Seven Lively Suspects by Katy Watson
The Appeal and The Mysterious Case of the Alperton Angels by Janice Hallett
Buried in the Sky: The Extraordinary Story of the Sherpa Climbers on K2’s Deadliest Day, by Peter Zuckerman and Amanda Padoan
Scurvy: How a Surgeon, a Mariner, and a Gentlemen Solved the Greatest Medical Mystery of the Age of Sail, by Stephen J. Bown

PODCASTS

‘The Lawyer Millionaire’ author shares the 7 biggest money mistakes lawyers can make

Ally Kvidt — Wed, 19 Jun 2024 11:00:51 +0000

Finances are a fraught area for many attorneys. Despite a high earning potential, new lawyers often start out with a financial disadvantage due to the opportunity cost of the years devoted to school and bar prep, coupled with high student loans. People who chose to get JDs instead of MBAs often find themselves having to operate as entrepreneurs to launch a small firm or solo practice. In The Lawyer Millionaire: The Complete Guide for Attorneys on Maximizing Wealth, Minimizing Taxes, and Retiring With Confidence, Darren P. Wurz addresses both personal finances and firm finances.

“A financial plan starts with goals,” writes Wurz, who has a master’s degree in financial planning and is a certified financial planner. “Be aware that money itself is not the ultimate goal of this plan. Rather, it is what that money can do for you that is the goal.”

In this episode of The Modern Law Library, Wurz gives advice for attorneys at the beginning, middle and end of their working careers and tells the ABA Journal’s Lee Rawles about the seven biggest money mistakes attorneys can make.

Wurz, who also hosts The Lawyer Millionaire Podcast, says retirement often looks different for attorneys than other professionals. Many lawyers would like to continue to practice at least part-time even past the age most other people retire. He says the goal of many of his clients is to have the financial security to have a “work-optional lifestyle” that will allow them to take on only the cases that really interest them.

One of the messages Wurz wants to convey to older attorneys is that their most important asset might be something they didn’t realize could be sold: their practice itself. The time and effort put into building a book of clients can also pay off at the end of your career, not just during your active years of practice. While it might take more time and planning to arrange than selling a piece of real estate, selling your practice to a younger attorney can provide continuity for your clients and a financial boon to your retirement.

While Wurz offers tips for how newly minted attorneys can start off on the right financial foot, he and Rawles also discuss options for mid-career professionals who are only now getting a handle on their finances. He also shares what his general advice would be for the thousands who have recently had their student debt unexpectedly erased through programs like Public Service Loan Forgiveness.

‘The Originalism Trap’ author wants to see originalism dead, dead, dead

Ally Kvidt — Wed, 05 Jun 2024 11:00:50 +0000

Originalism is the ascendant legal theory espoused by conservative legal thinkers, including the majority of U.S. Supreme Court justices. But far from being an objective framework for constitutional interpretation, says author and attorney Madiba Dennie, its true purpose is to achieve conservative political aims regardless of the historical record.

In The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back, Dennie traces the roots of originalism as a legal theory back to Brown v. Board of Education of Topeka, though the Supreme Court rejected the arguments in the 1954 case. Its adherents argue the meaning of the Constitution must solely be determined by “the original public meaning of the Constitution at the time it was drafted,” and that there is a discernible correct answer to what that meaning would have been.

The theory gained popularity in the 1980s, with the late Robert Bork and Justice Antonin Scalia as two influential proponents. Scalia famously said the Constitution is “not a living document. It’s dead, dead, dead.” Today, originalism has formed the basis for decisions such as Justice Samuel Alito’s Dobbs v. Jackson Women’s Health Organization opinion overturning Roe v. Wade.

“Despite originalism’s reputation as a serious intellectual theory, it’s more like dream logic: It seems reasonable at first, but when you wake up, you can recognize it as nonsense,” Dennie writes. “Originalism deliberately overemphasizes a particular version of history that treats the civil-rights gains won over time as categorically suspect. The consequences of its embrace have been intentionally catastrophic for practically anyone who isn’t a wealthy white man, aka the class of people with exclusive possession of political power at the time the Constitution’s drafters originally put pen to paper (or quill to parchment).”

In this episode of The Modern Law Library, Dennie and the ABA Journal’s Lee Rawles discuss how conservative originalists prioritize the time period of the Founding Fathers over the Reconstruction Era that produced the Thirteenth, Fourteenth and Fifteenth Amendments. “We can’t fulfill the Reconstruction Amendments’ radical vision of full equality and freedom if we can’t be attentive to the ways in which we have been made unequal and unfree,” Dennie writes in The Originalism Trap.

While Dennie believes there are portions of the historical record that support broad civil liberty protections, she says she does not think originalism is a useful tool for progressives to use as a legal framework.

In place of originalism, Dennie has a bold proposal: inclusive constitutionalism. “Inclusive constitutionalism means what it says: the Constitution includes everyone, so our legal interpretation must serve to make the promise of inclusive democracy real. When the judiciary is called upon to resolve a legal ambiguity or when there are broad principles at issue, the application of which must be made specific, it is proper for courts to consider how cases may relate to systemic injustices and how different legal analyses would impact marginalized people’s ability to participate in the country’s political, economic and social life.”

Rawles and Dennie also discuss how lawyers and judges can push back against originalism; the legal rights and protections achieved by groups like Jehovah’s Witnesses and the LGBTQ+ community; why she dropped Jurassic Park references into the book; and how she keeps an optimistic outlook on the expansion of civil liberties.

“Justice for all may not be a deeply rooted tradition,” Dennie writes, “but fighting for it is.”

How to strike up conversations that build your book of business

Ally Kvidt — Wed, 29 May 2024 13:00:21 +0000

Networking is something that comes naturally to some people. But if the idea of talking to strangers makes you break out into a cold sweat, there’s help and hope, says Deb Feder, author of the book After Hello: How to Build a Book of Business, One Conversation at a Time.

“You have picked a profession that is never finished meeting people,” Feder writes of lawyers. A practicing lawyer for many years, Feder now works as a business development coach.

In this episode of The Modern Law Library, Feder explains to the ABA Journal’s Lee Rawles that her goal is to help attorneys have “curious, confident conversations.” They discuss conversation stoppers v. conversation starters; how not to panic when targeting the “cool client”; and how young attorneys can get past “the kids table.”

Lining up a roster of ideal clients doesn’t start at cocktail party mingling, Feder warns. A key to building relationships with the clients you actually want to work with lies in identifying what legal work you’re looking to do, and that requires some inner work. It also involves owning your value, Feder says, and she shares a story about how a partner in her firm impressed that lesson on her when she was a young attorney.

In After Hello, she says she meets people who feel too overwhelmed by keeping up with their legal work and personal lives to contemplate business development. “How do you balance the chaos of the day and allow technology to be the support and solution, rather than part of the challenge; how do you let it serve, not destroy you?” Feder asks. She lays out strategies to organize and cope, including how to stop letting your email inbox overwhelm you.

Feder and Rawles also discuss After Hello’s “30 Conversations in 30 Days Challenge” and the most common mistakes Feder sees lawyers making on LinkedIn.”

When states’ rights and healthcare access clash

Ally Kvidt — Wed, 15 May 2024 21:30:34 +0000

From COVID-19 response to the overturning of Roe v. Wade, the results of 50 states having individual approaches to public health, medical outcomes and healthcare access raise troubling questions. A husband-and-wife team of University of Utah professors dig into the ethics of the American healthcare system in States of Health: The Ethics and Consequences of Policy Variation in a Federal System.

Leslie P. Francis is a professor of law and philosophy with a background in bioethics, and John G. Francis is a professor of political science with a focus on European comparative politics, federalism and comparative regulatory policy. The spouses had partnered on three previous books together. When looking for their next project, they decided to examine the consequences of states opting out of Medicaid expansion and what power federalism could have in protecting American citizens’ health. But soon more news events and landmark cases expanded their focus.

The result is States of Health. The book examines the tensions between state and federal powers in a number of areas, including reproductive rights; gender-affirming care; medical marijuana; public health and pandemics; right-to-try laws; patient confidentiality; and care quality and life expectancies.

In this episode of The Modern Law Library, the ABA Journal’s Lee Rawles speaks with the Francises about their collaborative writing process, and what conclusions they have drawn about the benefits of federalism and states’ rights.

The Francises argue that since it is the federal government that determines citizenship and census decisions, state differences go too far when they make “basic decisions about who counts at all, and what it means to count.” They add, “Movement is a critical aspect of who counts: the ability to come and go, or to leave one state more permanently for another.” The Francises argue that freedom of movement for the purpose of medical treatment is crucial for patients, but also point out when states control licensure for medical providers, that too can restrict freedom of movement.

The value of 50 individual laboratories of democracy can be appealing to a scientific mind. But at what point can it be argued in the healthcare space that a federal government needs to step in, if the outcomes in some of those laboratories are decreased lifespans and higher mortality?

‘In the Shadow of Liberty’ shines light on American immigration history

Ally Kvidt — Wed, 01 May 2024 11:00:14 +0000

When the Trump administration’s policy of separating families at the country’s borders was announced, opposition from the public and the legal community was swift. The outcry and judicial decisions led to a reversal of the administration’s stated policy. But detention and family separation have a long history in this country, history professor Ana Raquel Minian says.

Minian, who immigrated from Mexico to the United States right before the attacks of Sept. 11, 2001, has made an academic career studying immigration, incarceration and detention. As a young adult, Minian followed the news of Guantanamo Bay Naval Base being used to detain people who might be connected to those attacks. But in researching their new book, In the Shadow of Liberty: The Invisible History of Immigrant Detention in the United States, Minian discovered the base was first used as a detention center under President George H.W. Bush to hold Haitian refugees.

Minian uses the personal experiences of four immigrants to walk readers through the history of immigrant detention in the United States: Fu Chi Hao, a Chinese Christian attempting to escape the Boxer Rebellion in 1901; Holocaust survivor Ellen Knauff, a war bride of an American GI who arrived at Ellis Island in 1948; Gerardo Mansur, a Cuban who joined the Mariel boat lift in 1979; and Fernando Arredondo, a Guatamalan asylum seeker who was separated from his daughter by border officials in 2018.

In this episode of The Modern Law Library, Minian shares details of these stories with the ABA Journal’s Lee Rawles. They also discuss the shifting motivations behind changes in the immigration system, parole versus detention, and how attorneys can help immigrants currently in detention.

Users keepers: Pirates, zombies and adverse possession

Ally Kvidt — Wed, 10 Apr 2024 11:00:38 +0000

Modern Law Library listeners have been given a promotional discount code for Litigating Adverse Possession Cases: Pirates v. Zombies through May 10, 2024. For 20% off, go to the ABA’s online shop and enter LAPC2024 at checkout.

James Patterson dishes on his new legal thriller, ‘The #1 Lawyer’

Ally Kvidt — Wed, 20 Mar 2024 14:45:19 +0000

In his newest release, The #1 Lawyer, James Patterson partnered with co-author Nancy Allen to tell the story of Stafford Lee Penney, a criminal defense attorney in Biloxi, Mississippi, who’s never lost a case. But after handing a high-profile murder trial involving the son of a mobster, Penney finds himself on the other side of the bench as a defendant himself, charged with murdering his own wife.

Patterson says one of the major benefits of working with co-authors is pulling from their experiences to make his books more accurate and true to life. When he wrote The President is Missing with Bill Clinton, the former president could tell Patterson the inside details of how a Secret Service detail worked. When he wrote Run, Rose, Run with Dolly Parton, she walked him through the production cycle for a song.

Allen, who conducted more than 30 jury trials as a prosecutor in Missouri and taught law for 15 years at Missouri State University, contributed her firsthand courtroom experience to The #1 Lawyer. Patterson says they worked to make everything as accurate as possible—while still allowing for a good story. It’s the pair’s second book together, following a previous standalone novel, Juror #3.

In this episode of The Modern Law Library, Patterson shares some of his favorite law-related pop culture picks; news about new and ongoing projects; and describes a very special birthday event with Dolly Parton. He also discusses how his children’s series Maximum Ride got caught up in Florida book bans in 2023. For fans of Patterson’s breakout success, the Alex Cross series launched in 1993 with Along Came a Spider, the author shares updates about what’s next for the intrepid detective—including details about the upcoming Amazon Prime TV series Cross, starring Aldis Hodge.

‘When Rape Goes Viral’ looks at why cases like Steubenville happen

Ally Kvidt — Wed, 06 Mar 2024 15:45:56 +0000

Three high-profile cases of sexual assault in 2012 followed a basic pattern: A teenage girl was sexually assaulted at a house party by one or more teenage boys while she was incapacitated by alcohol. The attacks were recorded and the photos, videos and stories were shared on social media or via texts. The photos and videos were used to ridicule the victims among their peers. Those texts and posts later became evidence in criminal cases. These incidents took place in Steubenville, Ohio; Maryville, Missouri; and Saratoga, California, and sparked national conversations about youth, technology and sexual assault in 2013.

“The question gnawing at everyone, myself included, was: What were these kids thinking?” writes Anna Gjika, a sociology professor who studies crime and gender issues. More than 10 years later, Gjika has attempted to answer that question in her new book, When Rape Goes Viral: Youth and Sexual Assault in the Digital Age. She took a close look at the three attacks in 2012, but identifies a number of similar instances that have happened more recently.

One of the elements the public found shocking about the cases was how many bystanders filmed or photographed the unconscious girls or the sexual assaults as they were occurring, without intervening. In talking to people involved in the cases and to teens in general as part of her research, Gjika found that the young people did not think of their social media as archival so much as “of the moment.” They filmed and posted what was happening around themselves because they were used to doing that. “Sharing an experience has become an integral part of the experience,” Gjika writes.

In this episode of The Modern Law Library, Gjika and the ABA Journal’s Lee Rawles discuss her research into generational attitudes towards social media and sexual assault; the promises and pitfalls of digital evidence in sexual assault cases; how social media can be empowering or degrading for survivors; the social responsibility held by the legal community and the tech industry; and what interventions could be effective to prevent such assaults from taking place.

Digital evidence like cellphone videos and texts can be extremely beneficial to prosecutors looking to prove incidents of sexual assault, particularly when victims are unable to recount their experience because they were unconscious or impaired during the attacks. But Gjika explains that this kind of evidence is not uncomplicated. The way juries perceive the evidence will still be filtered through societal expectations and prejudices. Defense attorneys do not have the same access to digital evidence from tech companies, and usually lack capacity to process immense amounts of data. The expertise, willingness and resources of police departments and prosecutors’ offices to seek out this evidence also vary widely. And the victims can be further traumatized by the use in court of images and video of their assaults, and the knowledge that the images continue to be disseminated on the internet.

In closing, Rawles and Gjika discuss what actions can be taken by schools, the legal community and the tech industry to prevent such attacks or to assist victims whose assaults have been digitally documented. Gjika believes educational programs and trainings for teens need to focus on peer groups and norms, rather than emphasizing individual responsibility, and “must be grounded within adolescents’ lived experiences, rather than on adult fears and anxieties.” She also argues that adults as well as teens would benefit from “ethical digital citizenship initiatives,” where concepts like privacy and online decision-making could be discussed. And she suggests the creation of government-funded organizations to assist survivors with removing digital content from the internet.

NY law prof is calling on ‘Lawyer Nation’ to reform

Ally Kvidt — Wed, 28 Feb 2024 12:00:08 +0000

Ray Brescia, a law professor at Albany Law School, has taken a hard look at the country’s legal system in his new book, Lawyer Nation: The Past, Present and Future of the American Legal Profession.

In this episode of The Modern Law Library, Brescia tells the ABA Journal’s Lee Rawles about the efforts in the late 19th and early 20th century to exclude people from the legal profession who were not part of the dominant social class, and how access-to-justice issues persist today as a result of some of those measures. The early American Bar Association is one of the organizations he names as a participant in the exclusionary efforts through its law school accreditation program, and he and Rawles discuss the ABA’s current efforts to increase diversity, equity and inclusion.

As someone who has worked in academia, the non-profit world, legal aid organizations and as a clerk at the U.S. District Court for the Southern District of New York, he says he’s come across many people who care deeply and want the justice system to function better. But without fundamental changes to the ways legal services are delivered, he does not think the access-to-justice issues can be solved.

A large part of Brescia’s concern that he expresses in Lawyer Nation is for legal professionals themselves. Brescia says the mental illness and substance-use levels within the profession demonstrate that greater care has to be shown for lawyers’ well-being and work-life balance. He shares his advice for making the profession more sustainable for the incoming generation. He also discusses how law schools and legal education can change.

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

Ally Kvidt — Wed, 14 Feb 2024 15:30:30 +0000

In Police & the Empire City: Race & the Origins of Modern Policing, 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.”

From the beginning, race and ethnicity had a major impact in the policing of New York City. In a city where the top echelons of power were held by Anglo-Dutch Protestants, the streets were patrolled by Irish and German immigrant police officers, sometimes enforcing the Fugitive Slave Act by snatching Black people off the streets and sending them back to enslavement in the South.

In this episode of the Modern Law Library, Guariglia and the ABA Journal’s Lee Rawles discuss what the early period of policing in New York City can tell us about policing today. Rawles shares her own ancestor’s path from immigrant to police court judge on the West Side of Chicago (though the dates she cites in the interview are incorrect–Michael J. O’Donoghue emigrated from Ireland in the 1874 and was appointed to the police court in 1901.)

For Irish and German immigrants, a job on the police force was a path out of poverty and towards whiteness and political power, but you would be asked to prove yourself by visiting violence on your own community. African American community leaders hoped the appointment of Black policemen would curb police brutality, but the city was slower than other metropolises like Chicago, who hired James L. Shelton as the city’s first Black officer in 1871. Samuel Battle became the NYPD’s first Black police officer in 1911, eventually rising to the rank of lieutenant and being appointed a parole commissioner.

Meanwhile, in neighborhoods like Chinatown, entire communities went without police officers who spoke the same language as inhabitants. The first Chinese-speaking officer was hired in 1904. That same year, the General Slocum disaster sent the city administration scrambling for German-speaking police officers to locate relatives in Kleindeutschland to identify bodies of the thousand victims of the burned shipwreck. Fears of “the Black Hand” led to the creation of the Italian Squad, and Guariglia shares the story of how the Italian Squad’s founder, Joseph Petrosino, ended up assassinated while on assignment in Sicily.

“Empire City” is an apt name for New York City, as it had international reach and drew on former colonial administrators. One influential police commissioner, Gen. Francis Vinton Greene, had been involved in the U.S. occupation of the Philippines after the Spanish-American War. Tactics first used to subjugate colonists were put to use in the city. As the Progressive Era led to a preoccupation with eugenics, the New York City police were involved in international conversations about the characteristics of criminals and race science. The idea of molding the perfect police officers also caught hold. In this episode, Guariglia shares how the police departments decided they had to teach their officers how to stand and chew properly.

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

Ally Kvidt — Wed, 31 Jan 2024 12:00:45 +0000

While every book he writes is for his students, Fiss says, he hopes Why We Vote can impress upon a broader audience the privilege and duty of voting and participating in a democracy.

Access to justice can be achieved, says ‘Law Democratized’ author–but not without change

Ally Kvidt — Wed, 10 Jan 2024 12:00:12 +0000

In 2013, the ABA Journal named Renee Knake Jefferson a Legal Rebel for her work co-founding the Michigan State University’s ReInvent Law Laboratory and rethinking how legal services could be delivered to consumers. In 2024, she’s taking a look back at more than a decade of research and experimental programs aimed at improving access to justice–the successes and the failures.

On this episode of the Modern Law Library, Jefferson and the ABA Journal’s Lee Rawles discuss her new book, Law Democratized: A Blueprint for Solving the Justice Crisis. The scale of the issue is daunting: Jefferson cites a study finding that 87% of American households facing legal issues don’t even attempt to seek legal assistance.

“Civil legal disputes—think child support, citizenship, consumer complaints, custody, divorce, employment, guardianship, housing, medical needs—make their way to more than fifteen thousand courts throughout the United States each year,” Jefferson writes. “Whatever the root cause, a massive delivery problem clearly exists for personal legal services.”

Jefferson shares examples of alternative business structures and access-to-justice projects from around the world that challenged old client models. Some–like offering legal services inside British grocery stores–were not successes.

“In theory, consumers could pick up a will with a loaf of bread or a gallon of milk, allowing them to resolve legal problems in a place they already regularly transact,” Jefferson writes. “But grocery store law never flourished.”

Other ventures fared better, and Law Democratized compiles a number of suggestions based on research findings and real-world experiences. Jefferson says she intends the book to not only be a record of what’s been tried, but to also serve as a user-friendly way for the public to learn about changes they could be advocating for at local, state and national levels.

Much of the discussion around improving access to justice involves regulatory reform, and Jefferson shares what has been discovered in states like Utah and Texas through the establishment of regulatory sandboxes. Jefferson also shares ideas about how law schools can be serving their communities as well as their students. Law Democratized suggests ways antitrust law and the First Amendment could be used to expand the public’s access to civil legal services without the direct use of lawyers.

Jefferson and Rawles also discuss her expertise in legal ethics, and what she thinks about the use of artificial intelligence by legal professionals. Jefferson, who writes the Legal Ethics Roundup newsletter on Substack, explains why she doesn’t see the need for an immediate rewriting of the ABA Model Rules of Professional Conduct to address the new technology.

How to plan your post-law life

Ally Kvidt — Wed, 20 Dec 2023 12:00:12 +0000

There are lawyers who love the practice of law so much, they’ll only leave it feet first, in a box. But for those who’d prefer to exit the bar before closing time, Kevin McGoff has advice on planning that next chapter.

In his book, Finding Your Landing Zone: Life Beyond the Bar, McGoff describes his dawning realization that he was missing out on experiences while his life was dominated by his legal practice. He approached his law firm management team with a proposal to gradually decrease his hours and hand off his client work to younger successors.

A big believer in purposeful planning, McGoff offers a series of worksheets to help readers kickstart their own plans for what a life after the practice of law might look like. For McGoff, one of the big dreams of his life—which began while he was stationed in Europe with the U.S. Army—was to spend more time traveling, and to one day live in France. He studied French and even sponsored a club at his children’s school to promote the French language. He and his wife, Patty, loved their trips to France. So when they discussed what the next chapter of their lives would look like, they decided to finally make it happen. A major goal for McGoff in writing Finding Your Landing Zone is to help readers identify what their own equivalent dream would be, and how to find their own France.

In this episode of the Modern Law Library, McGoff and the ABA Journal’s Lee Rawles discuss his motivation to write the book, his advice for planning a financial future, the importance of mentoring younger attorneys, and how he and Patty finally made their dream of living in France happen. He shares tips on building a succession plan and getting your firm on board, and how to actually (mostly) cut down on your hours.

Our favorite pop culture picks in 2023

Ally Kvidt — Wed, 06 Dec 2023 12:00:42 +0000

It’s the time of year when The Modern Law Library hosts like to look back on the media we’ve enjoyed, our annual pop culture picks episode. This year, host Lee Rawles is joined by three ABA Journal reporters: Julianne Hill, Amanda Robert and the Journal’s newest employee, Anna Stolley Persky. Naturally, the four discuss their favorite books, but they also have movies, TV shows, podcasts and even a play to recommend. From documentaries to audiobooks, listeners will find ways to occupy the holiday season and the new year. For the full list of recommendations, go to ABAJournal.com/2023picks.

How is the true crime genre impacting the way people think about innocence?

Ally Kvidt — Wed, 22 Nov 2023 12:00:25 +0000

Human beings have told stories about violence and victims from our earliest records. In the nineteenth and twentieth centuries, newspapers and magazines flourished on crime coverage. Hollywood has churned out crime movies and TV shows, based both in fiction and non-fiction. But after the incredible success experienced by the podcast Serial in 2014 and the documentary series Making a Murderer in 2015, a new wave of popular media exploring real cases of potential wrongful convictions burst upon the scene.

While Diana Rickard didn’t consider herself a “podcast person,” her interest as an academic was piqued. The criminology professor began listening to Serial, and became fascinated by what she saw as a new expression of the true crime genre, dubbing it the “New True.”

“These series deserve our attention for what they reveal about our societal understanding of crime and punishment,” Rickard writes in her book The New True Crime: How the Rise of Serialized Storytelling Is Transforming Innocence. “Through them, audiences are receiving ideological messages about punishment. They are also sites where inequality, power and racism are openly examined, playing a role in our public conversations about who is and is not deserving of punishment and who is and is not protected by law. In addition, by using the term ‘New True,’ I am also suggesting these series indicate a new way of constructing truth itself. Questioning the finality of verdicts, framing facts as in the eye of the beholder, the new series unmoor our faith in what is knowable.”

In this episode of the Modern Law Library, Rickard explains how she sees the New True podcasts and documentary series as differing from older media. She and the ABA Journal’s Lee Rawles discuss the differences between crime reporting and this serialized storytelling, and whether the New True series are managing to avoid some of the ethical pitfalls of traditional crime reporting. They also delve into whether debunking things like flawed forensic science or false confessions for the general public may have shifted the way people think about wrongful convictions.

Rickard shares what she has heard from legal experts in the innocence community about the benefits—and drawbacks—of cases catching the eyes of New True producers. She also reveals what surprised her most when she researched the Reddit communities that gather to discuss New True cases.

Law grad turns culinary passion into TikTok fame and a brand new cookbook

Ally Kvidt — Wed, 08 Nov 2023 12:00:52 +0000

Like many others, Jon Kung figured law school would be a safe harbor to weather the storms of the Great Recession. But after emerging from the University of Detroit Mercy School of Law in 2011, Kung changed course.Kung, who is non-binary, says the realization the practice of law was not for them hit after they helped the local prosecutor’s office achieve a conviction in a murder trial. They received a full-time job offer with that office, but decided to turn down the job offer and look for other work. Over the next several years, they established themselves in the Detroit culinary scene, hosting secret pop-up dinners and dumpling classes, and honing their take on “Third Culture cuisine.”

Kung was born in Los Angeles, and spent their childhood in Hong Kong and Toronto before landing in Michigan for college and law school. Their recipes combine elements of Chinese and North American cuisines and cooking techniques.

“This new fusion that I’m referring to as ‘third culture’ takes a more thoughtful approach to the genre,” Kung writes in the introduction to their new cookbook, Kung Food: Chinese American Recipes from a Third-Culture Kitchen. “Third culture embraces each side as equal, drawing from a lived experience that is immersed in both or multiple cultrues, once again taking the mentality of the American culinary renaissance that came around in the 2010s and granting the rest of us the ability to take part in it.”

In this episode of the Modern Law Library, Kung discusses their new cookbook with the ABA Journal’s Lee Rawles—who made the Beef & Broccoli Potpie, the Shrimp Paste Dumplings and the Parmesan-Curry Egg Fried Rice from the book—and shares their favorite meal tips for starving law school students. Kung also shares how they went from word-of-mouth pop-ups to social media fame.

In 2020, when the pandemic made their pop-up meals impossible and the murder of George Floyd prompted massive protests in their home state, Kung began using their TikTok account @jonkung as a place to find community and share recipes. They quickly began gaining followers, and started being approached to partner with brands on projects like developing recipes based on anime series. Kung shares the story of how they were offered the publishing deal for Kung Food, and what it’s like to be a social media influencer.

How reckoning with trauma can help you, your clients and the legal profession

Ally Kvidt — Wed, 25 Oct 2023 20:30:25 +0000

“You can’t think yourself out of trauma,” the introduction to Trauma-Informed Law: A Primer for Lawyer Resilience and Healing warns. “An analytical response is insufficient. As lawyers and law students, we have been trained to learn only with our minds. But there are other epistemologies—other ways of knowing and interacting with the world.”

Trauma-Informed Law, published by the ABA Law Practice Division, arose as a collaborative effort between Canadian lawyers Helgi Maki and Myrna McCallum and American lawyers Marjorie Florestal and J. Kim Wright. It seeks to suggest not only how lawyers can provide better client service to traumatized people, but also how lawyers, law students and judges can deal with their own traumas.

Maki points out many people say that while the initial incident that brought them into contact with the court system was difficult—be it a divorce, an assault or a contract dispute—their experiences once inside the judicial system were harder to bear and caused more emotional damage. What other profession, she asks, would accept that as an outcome for its clients?

In this episode of the Modern Law Library, Maki and the ABA Journal’s Lee Rawles discuss the impact of trauma on the legal profession, and the ways researchers have seen it impact people on a personal and systemic level. Lawyers may be reluctant to label their own experiences trauma, but Maki explains vicarious trauma, and how burnout is a “cousin” to trauma.

One element the book stresses is how important it can be for judges to become aware of how trauma can impact everyone in a courtroom, and basic measures that can be taken to decrease the risk of causing further harm during courtroom proceedings. The ABA House of Delegates recently called for more research to be done on how court workers are impacted by what they see at work and by threats to their personal security.

Maki and Rawles also discuss ways legal professionals can build support systems without endangering client confidentiality, and how law schools can prep law students for the inevitable challenges they will face in the profession.

Transform your negotiations with a win-win-win mindset, says author Sarah Federman

Ally Kvidt — Wed, 11 Oct 2023 11:00:19 +0000

Moving from a “win-lose” mentality to a “win-win” mentality has been a central focus of the field of negotiation and conflict resolution since the 1980s, says Sarah Federman. Working to walk away with a deal that pleases both sides was a huge departure from the idea that one side of a transaction will necessarily lose.

But Federman, author of Transformative Negotiation: Strategies for Everyday Change and Equitable Futures, proposes that we can and should adapt our framing to encompass a “win-win-win” mentality. A win-win mentality “attends to the interests only of the signatories, not of those who live out the consequences of the agreement,” Federman writes. “A win-win-win model requires paying attention to those usually not at the negotiation table.”

In this episode of the Modern Law Library, Federman discusses with the ABA Journal’s Lee Rawles how traditional advice around negotiations—from salaries and corporate contracts to landlord disputes and personal lives—makes assumptions based on what’s worked for people who have traditionally held positions of power. Those assumptions could be outdated, unhelpful or actually harmful to minorities and others who have been economically or socially disadvantaged.

Transformative Negotiations was written with four goals, Federman tells Rawles: To help people move “from precarity to stability;” to expose the blind spots in the field of negotiation studies; to propose a new approach to negotiations that addresses oppression; and to show people who do have bargaining power how they can use it to “create more equitable futures.”

Advice Federman shares in this episode includes how woman can approach salary negotiations, how to achieve more economic stability through “inbox colonics,” and why being the nosy neighbor can get people through tough times. She also discusses why bonding events like firm happy hours can actually backfire on employee morale, and how firms can not only hire diverse workforces but successfully retain them.

Tales of 3 generations of Black women intertwine to form ‘Memphis’

Ally Kvidt — Wed, 27 Sep 2023 11:00:53 +0000

Admittedly, Tara M. Stringfellow became an attorney simply because her first book of poetry didn’t sell and she needed an income. But after a few years at Crown Castle in Chicago doing family and real estate law, she left, heading straight to the Master of Fine Arts program in creative writing at Northwestern University to get back into the writing game—this time with a lawyer’s sharpened pencil.

Complex litigation judge has 50 ideas to simplify the courts

Ally Kvidt — Wed, 06 Sep 2023 11:00:08 +0000

As both an attorney and judge, Thomas Moukawsher has spent the majority of his career dealing in complex litigation. And the Connecticut Superior Court judge would like to make the legal system—well, less complex.

In this episode of the Modern Law Library, Moukawsher and the ABA Journal’s Lee Rawles discuss his ideas and his new book, The Common Flaw: Needless Complexity in the Courts and 50 Ways to Reduce It. Instead of advocating for legislation to simplify the court process, Moukawsher says many of his ideas could be immediately put into practice by judges.

Many of Moukawsher’s theories were developed in the wake of having to make changes in court proceedings during the COVID-19 pandemic while court buildings were closed. He says being forced to reexamine the habitual ways cases were heard was actually beneficial. Realizing how much could be conducted remotely gave him confidence that broader systemic changes in that direction are worth trying. One such suggestion is to conduct more jury trials remotely to increase juror numbers and diversity.

The Common Flaw contains many concrete suggestions for lawyers and attorneys to streamline trials, but it was also written to be enjoyed by the public, Moukawsher tells Rawles. To that end, concepts are liberally illustrated with cartoons, and despite having 51 chapters, the book is not doorstopper-length.

Speaking of length, one of Moukawsher’s largest concerns is that the length of time many cases drag on decreases public confidence in the legal system as a whole. He says he sees this often in family court, where conflicts that could be handled in weeks stretch out through months or years and can lead to bankruptcy.

He and Rawles also discuss his thoughts on the billable hour; how his ADHD helped him prune away unnecessary flummery in court processes; how he would rethink the job duties of law clerks; and his top tips for not fumbling cross-examinations.

Summer reading and back-to-law-school tips

Ally Kvidt — Wed, 23 Aug 2023 11:00:10 +0000

It’s time for the Modern Law Library’s summer recommendations episode, in which host Lee Rawles shares her pop culture picks with you, plus a re-airing of one of our older episodes with current relevance.

This year, that episode is our 2018 interview with Kathryne M. Young about How to Be Sort of Happy in Law School. Young used her background in sociology to gather data from students, alumni, faculty and law-school dropouts on their experiences during and after law school. Based on her findings—and her own experiences as a law student and professor—she offers advice on protecting your mental health; choosing courses and activities to pursue; managing the practical aspects of your household and budget; and forming relationships with mentors and peers. She also discusses how to decide when if it’s time to leave law school altogether.

Rawles also shares some favorites from what she’s been reading, watching and listening to since our 2022 year-end pop culture picks episode.

If you have your own favorite reads so far in 2023, send your recommendations to books@abajournal.com with a brief description, and we may choose to highlight them on our social media.

Trial lawyer’s tales include wins, losses and international intrigue

Ally Kvidt — Wed, 09 Aug 2023 11:00:27 +0000

The year was 1961. Freshly minted attorney James J. Brosnahan had been on the job as a federal prosecutor in Phoenix for two days when he was handed his first trial: a capital murder case. Twelve days into the job, he’d won his first jury trial, and caught the trial bug. (Though to his relief, the two young defendants escaped the death penalty.) For the next six decades, Brosnahan chased every opportunity to present to a jury, in both civil and criminal court.

In his new memoir, Justice at Trial: Courtroom Battles and Groundbreaking Cases, Brosnahan selected 19 of the more than 150 cases he brought before a jury. Each case reflects an issue he sees as being critical to current cultural events, and he feels the losses are as important to share as the victories. He’s fought for press freedom, a woman’s religious right to give sanctuary to undocumented migrants, and for a female corporate chairperson unfairly targeted because of her gender. His international experiences include trying to prevent a client from being framed by dictator Ferdinand Marcos of the Philippines, and fighting for justice for assassinated lawyers in Northern Ireland.

In this episode of the Modern Law Library, Brosnahan shares some of these stories with the ABA Journal’s Lee Rawles, elaborating on the most important lessons he’s learned about juries, offering tips for aspiring litigators, and sharing what it was like to be Ruth Bader Ginsburg’s classmate at Harvard Law.

Is family court too flawed to be fixed?

Ally Kvidt — Wed, 26 Jul 2023 11:00:43 +0000

Jane M. Spinak did not set out to write a book arguing for the abolition of family court. She thought she would be making the case for a set of sensible reforms. But the more she dug into the history of the family court system, the previous attempts at reform, and the examples of real world harms the system had caused, the more she began to believe there was no saving it.

In this episode of the Modern Law Library, Spinak speaks with the ABA Journal’s Lee Rawles about her philosophical journey and the writing of her new book, The End of Family Court: How Abolishing the Court Brings Justice to Children and Families.

Spinak walks Rawles through the origins of the family court system at the turn of the 20th century. The movement began with Northern and Midwestern progressives, usually white middle- and upper-class women, who felt there needed to be a way to make the children of recent immigrants into “real Americans.” They also believed, as Spinak does, that adult court was not a place for juvenile offenders.

Over the next century, the purpose and purview of family courts expanded and changed. Today, family court judges may consider juvenile criminal offenses, status offenses, custody cases, adoption, the removal of children from their parents and truancy cases. What has remained constant is the uneven enforcement of child safety laws, which fall primarily on poor and minority families.

“It is doubtless true that many children of the well-to-do are saved from coming before the courts because their families have greater resources and are often able to obtain special care for their children,” reads a report from the Children’s Bureau in the 1930s cited in The End of Family Court. “Whereas the children of the poor are more likely to be referred to courts or committed to institutions when they develop serious behavior problems.”

In this episode, Spinak shares experiences from her four decades in the family law arena, discusses how the children and families impacted by family court are leading movements for change, and explains how family court jurisdictions could shrink as communities step up to support families.

Didn’t get it in writing? There may still be a way, says author of ‘Litigating Constructive Trusts’

Ally Kvidt — Wed, 12 Jul 2023 11:00:29 +0000

“If you don’t have it in writing, you’re out of luck.” That’s the common wisdom you’ll hear from TV judges, helpful uncles, well-meaning friends and even lawyers in your life. But while getting an agreement in writing is a best practice, in some cases you—or your clients—might have more options than you think to enforce a unwritten agreement.

While the foundational principle of the Statute of Frauds holds that contracts must be written and signed to be enforced, there is a tool to create an exception. This tool is laid out in detail by Paul Golden in his new book, Litigating Constructive Trusts: The Last Resort in Fighting Inquity and Inequity. Golden, who has extensive experience in real estate litigation, believes far too few attorneys are aware of the potential benefits of constructive trusts.

In this episode of the Modern Law Library, Golden explains the concept of a constructive trust to the ABA Journal’s Lee Rawles. A constructive trust is a “legal fiction,” where (broadly speaking) a judge decides that between two parties with a relationship where trust could be assumed, there has been an egregious betrayal of that trust and an unjust enrichment to the betrayer. The judge can then retroactively declare that even without a written contract, a defendant had a fiduciary duty to the victim, and victim’s property must be returned to them.

“Traitorous partners, gold-digging girlfriends, old ladies being tricked out of preparing a fair will, and plain old murder,” writes Golden in the book. “These have been, and will continue to be, the subjects of constructive trusts. The facts in some constructive trust cases are so outrageous, one often feels like a voyeur, but without the shame.”

Golden explains the special benefits of a constructive trust, as well as defenses that can be made if your client is the subject of a constructive trust claim. Different jurisdictions have different standards for constructive trusts, and Golden and Rawles discuss the state of New York’s 4-prong test in detail. Most constructive trusts are based on case law, but some states do have civil code about them. Golden offers advice to lawyers looking to use a constructive trust argument, and lists common trial issues they might face, including how to convince a judge they have the power to act to avert a deep injustice from continuing.

‘My Mom, the Lawyer’ explores women’s work and personal lives through the eyes of their children

Ally Kvidt — Wed, 21 Jun 2023 11:00:00 +0000

As Michelle Browning Coughlin, of counsel at ND Galli Law in Louisville, Kentucky, was raising her two daughters, she wanted her kids to understand what lawyers do. She worried that children only knew the type of lawyers who commonly appeared in courtrooms on television shows.

SCOTUS faces ‘a catastrophic loss of institutional legitimacy,’ warns author

Ally Kvidt — Wed, 07 Jun 2023 11:00:04 +0000

In his new book, The Supermajority: How the Supreme Court Divided America, Michael Waldman identifies three times the U.S. Supreme Court caused a public backlash against itself—and warns the court may be well along the path to a fourth massive public backlash.

In this episode of the Modern Law Library, Waldman walks the ABA Journal’s Lee Rawles through the prior episodes of backlash, starting with the fallout from the Dred Scott decision in 1857. He explains the “switch in time that saved nine,” when in 1937 the court narrowly avoided President Franklin D. Roosevelt’s plan to change the makeup of the court by unexpectedly upholding the constitutionality of New Deal legislation. And he posits that much of the contentious legal wrangling of the past half-century can be seen as a backlash to the Warren Court’s decisions like Brown v. Board of Education.

Waldman, a constitutional lawyer who is the president and CEO of the Brennan Center for Justice at the New York University School of Law and a former speechwriter for President Bill Clinton, says that over the period of three days in June 2022, “the Supreme Court changed America.” With decisions overturning Roe v. Wade, loosening gun restrictions and reducing the authority of the Environmental Protection Agency, Waldman argues that the court’s six conservative justices signaled a sea change for the court. He warns that the change from a 5-4 ideological balance to what he terms a “supermajority” of conservative justices will mean a more turbulent relationship between the public and the Supreme Court.

In this episode, Waldman shares his thoughts on the position of Chief Justice Roberts in the new balance, his advice on how the public can respond when the Supreme Court acts in opposition to the public will, and a counter-intuitive theory on why having more former politicians on the Supreme Court might have made the court less politically divisive.

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

Legal Talk Network — Wed, 17 May 2023 11:00:43 +0000

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

Ally Kvidt — Wed, 10 May 2023 11:00:48 +0000

As chunks of the Berlin Wall were being torn down by jubilant crowds on November 9, 1989, James Silkenat was serving his term as chair of the ABA International Law Section. But he is the first to admit he did not immediately anticipate what that event would mean for the Cold War, or that monumental changes that soon be taking place across Europe and Central Asia. It was that event, however, that spurred discussions within the section about the need to help support countries working to establish a new rule of law. And those discussions would lead to a global volunteer effort spanning more than 100 countries over the next three decades.

In Building the Rule of Law: Firsthand Accounts from a Thirty-Year Global Campaign, dozens of those volunteers share their experiences from what began as the ABA Central European and Eurasian Law Initiative (known as CEELI) in the 1990s to the expansion into the ABA Rule of Law Initiative (known as ROLI), which now operates with five divisions covering Africa; Asia and the Pacific; Europe and Eurasia; Middle East and North Africa; and Latin America and the Caribbean. From fighting gender-based violence in Jordan to advising on judicial ethics in Kazakhstan to advocating for the rights of journalists in Indonesia, ROLI is involved in a myriad of efforts that have been supported by hundreds of volunteers as well as staff.

The first-person narratives in Building the Rule of Law range from heart-rending accounts of helping to catalog war crimes to slapstick misunderstandings in foreign taxi cabs, and were compiled by editors Silkenat and Gerald W. Libby, who is also a past chair of the International Law Section. In this episode of the Modern Law Library, Silkenat speaks about the project of compiling these histories and personal photographs, but also about how he has been changed by his work with ROLI. Silkenat, who served as ABA president from 2013-2014, is still heavily involved in ROLI, and returned from a volunteer trip to Zambia the day before the recording.

As for why so many lawyers, judges, and even U.S. Supreme Court justices wanted to volunteer their time for ROLI initiatives, Silkenat says there were a number of motivations. “Many saw a chance to help shape legal systems of countries that would later become leading players on the global stage,” he told the ABA Journal’s Lee Rawles. “Many were motivated, in part, by the interest in public service that originally caused them to go to law school. Other volunteers wanted the chance to experience life abroad with a specific professional goal to accomplish, and finally, many were encouraged to participate by the very persuasive views of CEELI/ROLI’s early leaders. If Justice [Sandra Day] O’Connor and Secretary of State [Madeleine] Albright thought this was a good activity, then maybe it was something to be pursued seriously.”

In this episode, Silkenat and Rawles also discuss concerns about the strength of the rule of law in the United States, the World Justice Project‘s tracking of the rule of law around the world (the United States was ranked 26th out of 140 in the group’s last report), and opportunities for other legal professionals to become involved in ROLI or other rule of law projects.

Author and lawyer explores English family’s ties to Nazi Germany in ‘The Mitford Affair’

Ally Kvidt — Wed, 19 Apr 2023 11:00:25 +0000

Heather Terrell, who writes under the pen name Marie Benedict, has written about novelist Agatha Christie in The Mystery of Mrs. Christie, and in Lady Clementine, she looked back on the life of Winston Churchill’s wife, Clementine Churchill. Now, in her historical novel The Mitford Affair, she has turned her attention to three English sisters—Unity, Nancy and Diana Mitford—with the rise of Nazi Germany as a backdrop.

‘Never Far from Home’ brings readers from NYC projects to 90s hip-hop scene to Microsoft offices

Legal Talk Network — Wed, 05 Apr 2023 15:30:21 +0000

Bruce Jackson grew up shuttling between Brooklyn and Manhattan public housing projects. His journey led him to Hofstra University, then Georgetown Law. He ditched a white-shoe firm job to launch a career in entertainment law, and represented some of the hottest hip-hop and rap artists in the 1990s. When Napster changed the music industry, Jackson left for Seattle and Microsoft, where he traded in his sharp suits for polos and khakis, and sick beats for mosh pits–briefly. As he tells the ABA Journal’s Lee Rawles in this episode of the Modern Law Library, one exposure to a Seattle grunge concert had him packing his bags to return to New York City.

But Jackson didn’t leave Microsoft—where he now serves as an associate general counsel—and a major focus of his career at the company has been to increase the tech giant’s diversity, equity and inclusion efforts. In Never Far From Home: My Journey from Brooklyn to Hip Hop, Microsoft, and the Law, Jackson reflects on the people and programs that made his own career possible, and is unflinching about the dangers he faced, the racism he encountered, and the mistakes he made in his personal life as he pursued professional success. Jackson tells Rawles that before demanding others share their stories with us, it important to tell our truths as well.

In this episode of the podcast, Jackson shares how his childhood love of musical theater dovetailed with his skill at accountancy and tax law while representing his clients in the hip-hop music scene. He discusses his top tips for improving the diversity pipeline within organizations, and reflects on finding commonality with people from entirely different backgrounds to his own.

Why NYT v. Sullivan mattered in 1964 and is under attack today

Legal Talk Network — Wed, 29 Mar 2023 11:00:24 +0000

The 1964 decision in New York Times v. Sullivan protected the civil rights movement, established the “actual malice” standard, and is the basis for modern American libel law. But in recent years, criticism of the case has grown among conservatives, with U.S. Supreme Court Justice Clarence Thomas calling it “policy-driven decisions masquerading as constitutional law” and suggesting that the decision should be reconsidered.

In her new book Actual Malice: Freedom of the Press and Civil Rights in New York Times v. Sullivan, law professor Samantha Barbas uses archival documents to shine light on the history behind the case, and introduces readers to the pivotal figures involved. She outlines the path libel law jurisprudence had taken prior to 1964, and explains why the New York Times v. Sullivan case was such a departure.

In this episode of the Modern Law Library, Barbas tells the ABA Journal’s Lee Rawles about the curious journalistic spat that led to the litigation, as well as the legal tactics used by the pro-segregationists who brought the suit. Barbas also gives listeners a glimpse at the complex and sometimes counterintuitive characters involved in New York Times v. Sullivan, explains the stakes the case holds for the 21^st century, and shares the story of perhaps the only lawyer who’s ever had to argue before the Supreme Court without wearing any socks.

In ‘Her Honor,’ trailblazing women judges take center stage

Legal Talk Network — Wed, 08 Mar 2023 15:00:59 +0000

When Lauren Stiller Rikleen was approached in 2020 by the ABA Judicial Division to help compile autobiographical stories from women judges in America, a powerful motivating factor for her was to capture stories of the barriers the judges overcame in their own words.

Rikleen, a former law firm partner and consultant who writes and speaks about the importance of cross-generational communication, tells the ABA Journal’s Lee Rawles that she hopes millennial and Gen Z readers will benefit from the reflections of women judges from the Silent Generation, baby boomers and Gen X. Some of the challenges they faced will not similarly impede younger generations, but other obstacles are familiar, formidable and still present.

“[E]ven as gains are made, biases are deep and systemic, requiring the vigilance of every generation to continue the difficult work of achieving full equity for all,” Rikleen writes in her introduction to Her Honor: Stories of Challenge and Triumph from Women Judges.

Bookended by essays about the former Justice Sandra Day O’Connor and the late Justice Ruth Bader Ginsburg, Her Honor compiles reflections by the living jurists or essays about the lives of judges who have passed on. The 25 women jurists are all honorees of the Margaret Brent Women Lawyers of Achievement Awards, selected by the Commission on Women in the Profession. Rikleen herself has received a Margaret Brent award, and says it was a fair-handed way to narrow down participants. Past Margaret Brent honorees who also contributed to Her Honor include previous guests of the Modern Law Library podcast, Judge Bernice Bouie Donald and Judge M. Margaret McKeown. The judges write about the paths they took to the judiciary; their struggles to balance their work and personal lives; the people who mentored and encouraged them; and their triumphs and regrets.

“They are different in every particular, yet what unites them in the aggregate is profound: This is a book about imagination, and what it took and still takes for women, and by extension other minorities invisible to the Constitution and the law, to imagine themselves into a structure that didn’t include them,” Dahlia Lithwick, senior legal correspondent at Slate, wrote in the forward to the book.

In addition to discussing Her Honor, Rikleen and Rawles get into another project to which Rikleen has devoted her time. She is the executive director of Lawyers Defending American Democracy, a nonprofit, nonpartisan group that works to uphold democratic norms and the rule of law. They also discuss the “three Cs” promoted by ABA President Deborah Enix-Ross: civics, civility and collaboration.

In ‘Myth America,’ historians challenge misinformation about our past

Legal Talk Network — Wed, 22 Feb 2023 12:00:18 +0000

Some American patriotic myths are harmless; George Washington may have chopped down a cherry tree at some point in his life, but the popular story told to children where young George fesses up to the deed by saying “I cannot tell a lie” is made up from whole cloth. However, there are much more pernicious lies and misinformation circulated about our past as a country, and that misinformation is used for political ends.

Princeton University historians Kevin M. Kruse and Julian E. Zelizer say they have been alarmed about this uptick in misinformation, censorship and rewriting of history. Having previously co-written Fault Lines: A History of the United States Since 1974, they decided to partner as editors of a book responding to this wave of false history. They commissioned a number of other prominent historians to contribute, and the result is Myth America: Historians Take On the Biggest Legends and Lies About Our Past.

In this episode of the Modern Law Library, Kruse and Zelizer speak with the ABA Journal’s Lee Rawles about how their project began and what they see as the greatest challenges facing modern historians. They offer tips on how to evaluate claims about history as a non-historian. They also discuss one of the most pervasive myths in the legal community: the true importance of Federalist Paper No. 10.

Bestselling author relished collaboration for ‘Heat’ follow-up

Legal Talk Network — Wed, 08 Feb 2023 12:00:50 +0000

When former lawyer and bestselling author Meg Gardiner teamed up with Michael Mann for the follow-up novel to his 1995 crime thriller movie Heat, working with the legendary filmmaker was an eye-opener. “All the legends about his proclivities for research are accurate,” Gardiner told the ABA Journal’s Matt Reynolds. “If you want to find out how to perform a tunnel heist in a Chicago bank, you better get a bank robber on the phone and chat with him for a couple of hours.”

From Amanda Knox to Kyle Rittenhouse, lawyer discusses justice and due process in the digital age

Legal Talk Network — Wed, 25 Jan 2023 12:00:41 +0000

In Anne Bremner’s work as a Seattle-based trial attorney, she saw a disturbing pattern—that high-profile cases often trending on Twitter challenge the concept “innocent until proven guilty,” as cases are tried online, as well as in courtroom proceedings. In this episode, the ABA Journal’s Julianne Hill speaks to Bremner about the case of Amanda Knox and why it prompted her to write Justice in the Age of Judgment: From Amanda Knox to Kyle Rittenhouse and the Battle for Due Process in the Digital Age.

Lawyer digs into big data for new legal thriller ‘Code 6’

Legal Talk Network — Wed, 04 Jan 2023 12:00:59 +0000

Lawyer and author James Grippando made a name for himself writing legal thrillers, including the bestselling series of novels featuring Miami criminal defense attorney Jack Swyteck. He wanted to try something a little different for his new novel, Code 6, and explore the dangers of big data and tech.

This lawyer tackled lifelong anxiety to free herself from ‘The Box’

Legal Talk Network — Wed, 21 Dec 2022 12:00:38 +0000

Since childhood, Wendy Tamis Robbins experienced debilitating anxiety and panic attacks. Her perfectionism pushed her to achieve in sports and academics, and her high level of achievement masked her mental anguish from public view. While she found success in her legal and political careers, Robbins was negotiating with her own brain to get through her days, minute by minute.

Robbins began writing her memoir, The Box: An Invitation to Freedom from Anxiety, while still in the process of recovery. It began as a series of writing exercises she used to make sense of her meditation practices. But it became an investigation into the mental and emotional barriers she constructed since childhood to protect herself–and a blueprint for dismantling the barriers that no longer served her.

In this episode of the Modern Law Library, the ABA Journal’s Lee Rawles talks to Robbins about dealing with anxiety in law school and law practice; the positive reaction at her law firm when she opened up about her mental health struggles; and what Robbins finds unhelpful about self-help books. They discuss the difference between being “productive” and being mentally well, and how Robbins overcame her aversion to mindfulness as part of her healing process. They also talk about how people with anxiety respond when the dangers they perceive are real, such as during the COVID-19 pandemic.

In the months since the 2021 publication of The Box, Robbins has also dealt with a cancer diagnosis and many career changes, and she shares updates on her progress and projects.

Our favorite pop culture picks in 2022

Legal Talk Network — Wed, 07 Dec 2022 18:00:43 +0000

In our annual Year in Review episode, Lee Rawles speaks to her ABA Journal colleagues Blair Chavis, Julianne Hill and Stephanie Francis Ward to find out how they spent their downtime in 2022.

We cover the usual lineup of our favorite books, movies and TV shows, but each participant also provides more niche content. Hill, who recently joined the Journal full-time after freelancing for the magazine, has a background in film, and she shares her favorite documentary projects she watched in 2022. Chavis, a dedicated home cook, shares her favorite recipe sources for making meals with her partner. Ward, the host of the Journal’s Asked & Answered podcast, has podcast picks for those who like a little gossip and spice to their stories. And Rawles, who has been on a mystery kick, shares the series of audiobooks she’s been listening to for the past few months.

Do you have own favorites, or suggestions for what the Modern Law Library should be reading in 2023? Email them to us at books@abajournal.com, and you may hear them featured in a future episode.

Can change really come from within the system? These 13 prosecutors think so

Legal Talk Network — Wed, 30 Nov 2022 12:00:28 +0000

Miriam Aroni Krinsky worked as a prosecutor in Los Angeles County in the 1980s and 1990s as the War on Drugs was waged. Mandatory minimum sentences and tough-on-crime laws sent prison populations soaring and ripped apart families and communities. Krinsky believed that change was needed–and that it could come from prosecutors themselves.

In 2016, she tells the ABA Journal’s Lee Rawles, there was enough of a political movement behind the idea of reform prosecutors that the nonprofit Fair and Just Prosecution was founded to help elected local prosecutors promote “a justice system grounded in fairness, equity, compassion and fiscal responsibility.” Krinsky became its executive director.

Over the course of two years, Krinsky interviewed 13 elected prosecutors from a variety of different backgrounds who share the dream of reforming the criminal justice system. These oral histories were then paired with portraits of those prosecutors created by formerly incarcerated artists thanks to a partnership with Mural Arts Philadelphia. It became the bookChange From Within: Reimagining the 21st-Century Prosecutor.

In this episode, Krinsky discusses insights from the election cycles FJP has observed; the difficulty of producing a book like Change From Within during the COVID-19 pandemic; and some of her favorite anecdotes she learned from the prosecutors she interviewed. She also responds to critics of the concept of reform prosecutors from both the tough-on-crime advocates and abolitionists who object to the carceral system entirely. Krinsky explains how prosecutors’ discretionary power can be used to avert injustice in the system, and urges young lawyers and law students to consider that career path in addition to public defense positions to battle injustice.

‘By Hands Now Known’ shines light on cold cases of lynchings and racial violence

Legal Talk Network — Wed, 16 Nov 2022 21:30:28 +0000

In the summer of 2020, when the murder of George Floyd was igniting protests in Minneapolis and around the country, it occurred to Margaret A. Burnham that “George Floyd” was a common-sounding name. Burnham is the founder and director of the Civil Rights and Restorative Justice Project at the Northwestern University School of Law, where she is also a professor.

She went into the CRRJ’s archive of Jim Crow racial homicides, and a search revealed another George Floyd. The account of the jailhouse death of this first George Floyd appeared in a 1945 letter to Thurgood Marshall from a Floridian chapter of the NAACP. Floyd, a 46-year-old turpentine worker, was arrested in St. Augustine, Florida, accused of public intoxication. When Floyd protested a second search of his person at the local jail, he was beaten to death by the arresting officer. Aside from a coroner’s report, Burnham and her colleagues could find no evidence that the officer who killed Floyd in 1945 faced any investigation.

“It was not entirely unforeseeable that we would find this name-fellow in our archive, pleading to be exhumed and put in conversation with the iconic inspiration for what would come to be known as the 2020 ‘reckoning’ with Black death at the hands of the state,” writes Burnham in her new book,By Hands Now Known: Jim Crow’s Legal Executioners. “We count, and contest, because George Floyd counted. Number 1. And Number 2.”

InBy Hands Now Known, Burnham looks at three interrelated themes: The way the federal government enabled the subjugation of Black Americans through both action and inaction; the relationship between racial violence and political power; and community resistance to Jim Crow that predates the “official” Civil Rights Era from 1954 to 1967.

Burnham’s first chapter examines one such area that shows elements of all three themes: Rendition cases gave attorneys the opportunity to try to prevent the extradition of Black men and women to jurisdictions where they faced lynching or other violence. William Henry Huff, a Black lawyer in Illinois, successfully handled 77 such cases, Burnham found in her research.

In this episode of the Modern Law Library, Burnham discusses her book with the ABA Journal’s Lee Rawles. She describes talking to family members of victims who never thought the full story of their loved ones’ deaths would ever be told; the way shopkeepers or bus drivers were essentially deputized to violently enforce rules against Black people in the South; and how her work in 1990s South Africa with truth and reconciliation efforts impacts her view of the potential for reparations efforts in the United States. She also contends that the lack of enforcement made the kidnapping of Black people by white people not a criminal offense, regardless of what laws were on the books.

Burnham, along with her partner Melissa Nobles of the Massachusetts Institute of Technology, has also made her research available through the CRRJ’s Burnham-Nobles Digital Archive. Primary source documents such as FBI interviews, news articles and jury inquests into anti-Black killings in the American South during the early to mid-20th century are available, as well as more than 900 case pages for individual incidents.

How do you calculate damages in injury trials?

Legal Talk Network — Wed, 26 Oct 2022 11:00:47 +0000

For any plaintiff who’s been injured or any young attorney just starting out in the field of tort law, it can be daunting to calculate what monetary damages–and nonmonetary damages like pain and suffering–they should be asking for if they win a civil trial or are evaluating a settlement offer. Estimating what the future would have looked like if an accident had never occurred can seem more like a thought experiment than a scientific process.

But there is a science behind it, says Dr. Michael Shahnasarian, and he has written a book, The Valuation of Monetary Damages in Injury Cases: A Damages Expert’s Perspective, to explain the methodology.

Shahnasarian has a PhD in psychology, and he’s focused his practice on vocational rehabilitation and life care planning. As an expert witness, he’s participated in at least 5,000 cases, he tells Lee Rawles in this episode of the Modern Law Library podcast. The Valuation of Monetary Damages in Injury Cases walks through the forensic process he and others use to estimate what someone’s earning potential might have been without an accident, as well as the amount of money it may take to cover the person’s living and healthcare expenses in the future.

In this episode, Shahnasarian offers advice to young lawyers interested in tort cases; gives his expert-witness opinion on how best to reach jurors with information without overwhelming them; and shares with listeners his core beliefs about the value and dignity of work.

Listeners of this podcast can get a 20% discount on The Valuation of Monetary Damages in Injury Cases: A Damages Expert’s Perspective by entering the code VMDCDEP22 at checkout at the ABA store. The discount code is valid until 8/31/2023.

Author and lawyer Scott Turow made generational leap for new legal thriller

Legal Talk Network — Wed, 12 Oct 2022 11:00:09 +0000

Author and lawyer Scott Turow’s latest legal thriller Suspect reintroduces readers to Clarice “Pinky” Granum, the granddaughter of attorney Sandy Stern—a character from the author’s novels The Last Trial and his blockbuster debut Presumed Innocent.

Nina Totenberg’s early life, NPR legacy and friendship with the Notorious RBG

Legal Talk Network — Wed, 21 Sep 2022 11:00:38 +0000

In this special two-part episode of the Modern Law Library, the ABA Journal’s Lee Rawles speaks with Lisa Napoli, author of Susan, Linda, Nina & Cokie: The Extraordinary Story of the Founding Mothers of NPR, and we hear from Nina Totenberg herself about her new book, Dinners With Ruth: A Memoir on the Power of Friendships. Totenberg appeared at an American Bar Foundation event to celebrate the launch of the Ruth Bader Ginsburg Endowed Fund for Research in Civil Rights & Gender Equality.

The history of National Public Radio, the outlet that made Nina Totenberg a household name, is shorter than many people imagine. Its first broadcast hit the airwaves in 1971. Napoli shares how NPR helped craft the careers of women like Susan Stamberg, Linda Linda Wertheimer, Cokie Roberts and Totenberg, but also how these women helped shape the network and national conversations. Totenberg changed the way the Supreme Court was reported on, says Napoli, and she discusses defining moments of Totenberg’s career.

The second half of the episode is made of highlights from Totenberg’s conversation with E. Thomas Sullivan, the president of the ABF, in front of a Washington, D.C., audience that included former Ginsburg clerks. Totenberg spoke about her book, her friendship with Ruth Bader Ginsburg, and what the justice really thought about the Notorious RBG meme. She reflects on Justice Ginsburg’s relationship with Sandra Day O’Connor; the current “grey” makeup of the U.S. Supreme Court; and why Ginsburg chose not to retire in 2013.

9th Circuit judge shines light on Justice William O. Douglas’ environmental campaigns

Legal Talk Network — Wed, 07 Sep 2022 11:00:29 +0000

Justice William O. Douglas could be known for his fiery opinions, turbulent personal life and longtime presidential ambitions. But Judge M. Margaret McKeown is shining a light on his groundbreaking environmental advocacy in Citizen Justice: The Environmental Legacy of William O. Douglas—Public Advocate and Conservation Champion.

McKeown, who sits on the San Francisco-based 9th U.S. Circuit Court of Appeals, was on a hike when she came upon a cabin belonging to two friends of the justice, Olaus and Margaret Murie. Learning more about the Muries’ history as environmental advocates and preservationists brought her down the path that led to Citizen Justice, she tells the ABA Journal’s Lee Rawles in this episode of the Modern Law Library.

Seeing himself as entitled to advocate as a citizen for causes he believed in—despite his seat on the U.S. Supreme Court—Douglas did not hesitate to lobby federal agencies and the general public to protect wilderness areas from development. McKeown discusses how this could conflict with the code of ethics that she and other federal judges–but not U.S. Supreme Court justices–are bound by, and the implications for public trust.

Douglas’ childhood in Yakima, Washington, was marked by frailty and illness, but he became an avid outdoorsman and hiker in his adolescence and adulthood, keeping up a brisk clip and covering many miles per day. One of his favorite areas to hike in the Washington, D.C., area was along the disused Chesapeake & Ohio Canal. When the editorial board of the Washington Post advocated for the construction of a parkway on top of the old canal, Douglas wrote a letter strenuously objecting, and invited the editors to join him on a 187-mile hike of the length of the C&O Canal to see the wilderness he wanted to protect. It became the first of his “protest hikes,” and marked one of his favorite methods for convincing others of the importance of conservation: taking people on camping, fishing and hiking trips into wilderness areas.

A loyal New Dealer, one of the few areas of disagreement Douglas had with President Franklin D. Roosevelt was FDR’s bend towards conservation over preservation on public lands, McKeown says. She discusses the development of the conservation and environmental movements, in which Douglas was a powerful player. Douglas was the first justice to even use the word “environmental” in a Supreme Court opinion. She also delves into Douglas’ positions on Native American rights, which were supportive—unless they were pitted against the interests of fish.

Sick of meetings that go off the rails? Robert’s Rules of Order can help

Legal Talk Network — Wed, 24 Aug 2022 11:00:38 +0000

It’s no secret that lawyers are asked to attend or preside over many kinds and types of meetings. From attending a professional association’s annual meeting with hundreds of fellow attorneys (as the ABA just held in August) to being asked to chair a non-profit board or preside at an HOA meeting, lawyers are often looked to for guidance. But not everyone has formal training in running a meeting, and there are huge differences between a small firm’s partner meeting with six lawyers in a board room and a Zoom meeting with 3,000 attendees.

The good news–according to author, attorney and parliamentarian Jim Slaughter–is that no matter the size or composition of a meeting, Robert’s Rules of Order has advice for that. But you find the 816-page Robert’s Rules of Order, 12th Edition daunting, Slaughter has written Robert’s Rules of Order Fast Track to give people a slim and accessible guide, and will soon be releasing Notes and Comments on ‘Robert’s Rules,’ Fifth Edition.

Rather than hindering or slowing down a meeting, Robert’s Rules of Order can provide a structure that heads off potential problems at the pass. In his fast track guide, Slaughter brings up common problem areas and how to deal with them. He and the ABA Journal’s Lee Rawles discuss the viral videos of city council or school board meetings that have gone off the rails with attendees who are deliberately being disruptive. But Slaughter points out that sometimes a meeting participant derails a meeting by virtue of a talkative personality, and that, too, can be addressed by a chair who has a good command ofRobert’s Rules. Abiding by Robert’s Rules can also help groups avoid legal jeopardy.

In this episode of the Modern Law Library, Slaughter and Rawles discuss why a book first written in the 19th century is useful today; best practices for running Zoom or hybrid meetings; the common mistakes Slaughter sees most often; and the misconceptions people have about meeting minutes.

Summer Pop Culture Picks and What Else We Lost When Roe was Overturned

Legal Talk Network — Wed, 10 Aug 2022 11:00:05 +0000

It’s time for the Modern Law Library’s summer recommendations episode, where host Lee Rawles shares her pop culture picks with you, plus a re-airing of one of our older episodes that has become relevant again. In this case, it’s a 2018 conversation with Mary Ziegler about her book Beyond Abortion: Roe v. Wade and the Battle for Privacy. Ziegler shares information about other areas of the law in which Roe was used as precedent beyond reproductive rights. Tune in to hear about what Lee has been reading, watching and listening to this summer.

Recommendations:

BOOKS

Medicus series by Ruth Downie
Sparks & Bainbridge mysteries by Allison Montclair
An Elderly Lady is Up to No Good and An Elderly Lady Must Not Be Crossed by Helene Tursten
Dial A for Aunties and Four Aunties and a Wedding by Jesse Q. Sutanto
Mastering the Art of Soviet Cooking (memoir) and Please to the Table (cookbook) by Anya Von Bremzen
How to Keep House While Drowning: A Gentle Approach to Cleaning and Organizing by KC Davis
Denali’s Howl: The Deadliest Climbing Disaster on America’s Wildest Peak by Andy Hall
New Handbook for a Post-Roe America: The Complete Guide to Abortion Legality, Access, and Practical Support by Robin Marty

MOVIES

PODCASTS

TV SHOWS

After collaborating with bestselling author, judge discusses new solo book

Legal Talk Network — Wed, 27 Jul 2022 11:00:36 +0000

After several collaborations with bestselling author James Patterson, Judge David Ellis of Illinois decided to go it alone for his latest book, Look Closer. In this episode, the ABA Journal’s Matt Reynolds talks to Ellis about his Patterson partnership, his own crime fiction and how he balances his judicial work with his writing.

The modern US Border Patrol is a national police force with dangerous capabilities, author warns

Legal Talk Network — Wed, 13 Jul 2022 11:00:30 +0000

In Nobody is Protected: How the Border Patrol Became the Most Dangerous Police Force in the United States, geographer Reece Jones argues that Supreme Court precedent, a growing workforce and mission creep have made the U.S. Border Patrol a national police force that operates without appropriate accountability.

In this episode of the Modern Law Library, Jones and the ABA Journal’s Lee Rawles discuss the creation of the U.S. Border Patrol in 1924 in the wake of racist immigration laws. Jones shares how a “Wild West” mentality thrived within the service in its early years; how language restricting the Border Patrol’s actions to within a “reasonable” distance resulted in a 100-mile border zone; and how two California public defenders in the 1970s brought four critical cases before the U.S. Supreme Court that dealt a heavy blow to Fourth Amendment rights in the border zone.

Jones describes how the original mission of the Border Patrol to curtail illegal immigration expanded to include drug searches and anti-terrorism missions. That mission creep resulted in Border Patrol agents snatching protestors off the streets of Portland, Oregon, during protests after the murder of George Floyd in the summer of 2020.

They also discuss how Border Patrol checkpoints could potentially be used in states that criminalize abortions to control and monitor the travel of pregnant people within the 100-mile border zone.

Authors of ’50 Lessons for Happy Lawyers’ share some top tips

Legal Talk Network — Wed, 29 Jun 2022 11:00:34 +0000

Even during times less tumultuous than the one we are in now, lawyers as a profession report high levels of stress. Finding the way to keep motivated and healthy on an individual level while fighting systemic problems is no easy task. It was this challenge that lawyers Nora Bergman and Chelsy Castro set out to address in their new book, 50 Lessons for Happy Lawyers.

In this episode of the Modern Law Library, Bergman and Castro share experiences from their respective backgrounds in coaching and psychotherapy, and some of their work creating wellness programming tailored for the legal profession. They intend their book to be a jumping off point for attorneys looking to increase resilience and happiness in their personal and professional lives. Rather than ticking off 50 boxes, the authors encourage readers to look at 50 Lessons for Happy Lawyers to find the lessons that speak to them. (For host Lee Rawles, one of those was the suggestion to make a “to don’t” list to remove unnecessary tasks from her plate.)

Tune in to hear Bergman and Castro discuss the research that went into 50 Lessons for Happy Lawyers, the other books in the 50 Lessons for Lawyers series, and their advice for lawyers who are finding it difficult to cope with the stress of their professional and personal lives.

Do you have what it takes to break into esports?

Legal Talk Network — Wed, 08 Jun 2022 14:00:06 +0000

Are you a lawyer who plays League of Legends late at night? A World of Warcraft warrior who engages in courtroom combat during your daytime gig? And have you ever wished you could break into esports on a professional level–whether you’re armed with a game controller or a briefcase?

Well, esports is a growing industry, and if you’d like to make it part of your legal practice, a background in gaming can help, says Justin M. Jacobson, author of The Essential Guide to the Business & Law of Esports & Professional Video Gaming. Jacobson started in sports and entertainment law, and he says when representing musicians and athletes, knowing how to engage with your clients and speak in a vernacular they’re accustomed to is key to forming a productive–and long-term–relationship with them.

In this episode of the Modern Law Library, Jacobson speaks with the ABA Journal’s Lee Rawles about his own career journey into esports management and legal representation, tips for law students on what classes could be useful for this practice niche, and the common mistakes he sees inexperienced clients make.

When writing his manual, Jacobson wanted it to be useful not only to lawyers looking to practice in this area, but also people who are involved in the esports industry in other ways. In addition to a history of the video game contests that eventually developed into the multimillion-dollar esports industry, Jacobson breaks down the major stakeholders in the sector, including the event organizers, the game publishers, the teams and the talent. From contract writing to immigration issues, intellectual property disputes and tax write-offs, The Essential Guide to the Business & Law of Esports & Professional Video Gaming touches on many different areas of law.

Esports athletes or their friends, loved ones and business managers could also be served by Jacobson’s clear breakdowns of issues that crop up for professional gamers. Tune in for Jacobson’s advice for parents of talented young gamers who are looking to make a career in esports.

Work for Canadian residential school survivors informs lawyer’s debut novel

Legal Talk Network — Wed, 25 May 2022 11:01:52 +0000

As a lawyer, Michelle Good spent years investigating the trauma that Canada’s residential school system inflicted on Indigenous people. As an author, it took her nine years to write her first novel about the lives of five teenagers who leave a church-run school and coalesce in Eastside Vancouver, British Columbia. For Good, it was imperative that she took her time to get the story right. Her patience paid off.

Wiretapping’s origins might surprise you

Legal Talk Network — Wed, 11 May 2022 11:01:08 +0000

On the cover of Brian Hochman’s book The Listeners: A History of Wiretapping in the United States is a martini cocktail, complete with skewered olive. Someone attempting to judge a book by its cover may think this is a riff on James Bond and his brethren in espionage. But international espionage is not the primary use of wiretapping in the United States; it’s a longer, stranger tale than that.

Hochman shares the real story that inspired the cover in this episode of the Modern Law Library with the ABA Journal’s Lee Rawles. It involves a private detective with a showman’s instincts, a congressional hearing and an electronic bug hidden in a martini olive. It was an incident that spooked the legislature so much that in 1968, they banned the “martini olive transmitter”–even though a working prototype had never been built.

In this episode, Hochman also talks about America’s long history of wiretapping, from Civil War saboteurs to confidence tricksters, from suspicious husbands to rival corporations, from drug dealers to district attorneys. Wiretapping was often seen as “a dirty business,” as Justice Oliver Wendell Holmes opined in Olmstead v. United States (1928), but also as a necessary tool in the arsenal of law enforcement, particularly once the War on Crime kicked off in the wake of civil rights protests. In the late 1950s, wiretapping was considered by some to be so necessary that New York district attorney Edward S. Silver compared being asked to prosecute criminals without it to being asked to “hunt lions with a peashooter.”

Hochman kicks off the episode by telling the tale of the first American to be jailed for tapping a wire–and it’s a tale with a twist.

Special thanks to our sponsor, Posh Virtual Receptionists.

How–and why–Kazakhstan gave up its Soviet-era nuclear weapons

Legal Talk Network — Wed, 20 Apr 2022 11:00:02 +0000

During its time as a Soviet republic within the USSR, Kazakhstan was the site of massive nuclear tests, both above and below ground. The cost to the environment and health of the Kazakh people and livestock was likewise massive, though the full scale of the effects was under-studied and suppressed for decades. Through massive public protests in the 1980s, nuclear-weapons testing in the Semipalatinsk region of Kazakhstan was brought to a halt.

But when the Soviet Union dissolved and Kazakhstan became a sovereign state, it now had a conundrum: Should the country—which had no military of its own—retain the nuclear weapons and become the world’s fourth largest nuclear power, or relinquish them in return for international commitments?

This is the story that Togzhan Kassenova was born to write. The nuclear policy and nonproliferation expert grew up in the capital city, Almaty, in a family with deep ties to the Semipalatinsk region. Her father, Oumirserik Kassenov, was the head of the country’s first think tank, now known as the Kazakhstan Institute for Strategic Studies, and he was charged with helping the fledgling Kazakh government make nuclear policy decisions in the 1990s. Kassenova—who now lives in a different capital city, Washington, D.C.—was also able to access and interpret archival documents from the United States, Kazakhstan and Russia.

The result is Atomic Steppe: How Kazakhstan Gave Up the Bomb. In this episode of the Modern Law Library, Kassenova and the ABA Journal’s Lee Rawles discuss the challenges of writing about top-secret nuclear test programs; the brave Soviet-era medical professionals who sought to record the sicknesses and birth defects caused by nuclear radiation; and the connections between the communities in Kazakhstan and the United States impacted by nuclear testing. She also sheds light on the real international diplomacy that took place that led to Kazakhstan giving up its nuclear arsenal, which was not a foregone conclusion.

Atomic Steppe was released only nine days before Russia invaded Ukraine. Kassenova also discusses the parallels between Ukrainian and Kazakh experiences, the Russian attitudes towards the former Soviet republics, and what the international community can do about the threat nuclear weapons still pose today.

Special thanks to our sponsor, Posh Virtual Receptionists.

Ex-Tesla attorney leveraged her contract expertise into a book and thriving LinkedIn community

Legal Talk Network — Wed, 06 Apr 2022 11:00:20 +0000

In August 2020, contract attorney Laura Frederick accepted a challenge: Post to LinkedIn once a day, every day, for a month. Frederick thought she might be able to keep up a string of several days in a row. Instead, her daily posts became a way to connect with colleagues, build business, create a brand identity, and have a social lifeline during the isolation of the pandemic. A selection of those posts also found their way into her self-published book, Practical Tips on How to Contract: Techniques and Tactics from an Ex-BigLaw and Ex-Tesla Commercial Contracts Lawyer.

Frederick says that she’s never been the sort of person who enjoyed the cocktail party circuit way of rainmaking. When she launched her own law practice after years of working in BigLaw and as an in-house attorney for companies including Tesla, she relied for the first year entirely on referrals. But the connections she was able to make through LinkedIn has rapidly expanded opportunities for her legal practice and for her training and skill-development company, How to Contract.

Frederick tells the ABA Journal’s Lee Rawles that one of her driving motivations for posting daily tips to LinkedIn has been her desire to pass along knowledge gained over the course of her career to younger attorneys. When she was a beginning attorney in the 1990s, she says she gained tremendously by being able to shadow more experienced attorneys at her firm, learning at the side of longtime contract attorneys. The same opportunities are not available now, particularly when so many young attorneys are launching their own solo or small firm practices.

She hopes that both Practical Tips on How to Contract and her continuing daily posts to LinkedIn–she’s now written more than 400–can help fill that gap. She adds that engaging with her commenters has also taught her lessons that improved her own legal work.

In this episode, Frederick talks about the practical steps to building a brand and self-publishing; how she expanded into creating legal cartoons; and what it was like to be an attorney for Tesla.

Special thanks to our sponsor, Posh Virtual Receptionists.

‘No Equal Justice’ shares George Crockett Jr.’s civil rights legacy

Legal Talk Network — Wed, 30 Mar 2022 11:01:11 +0000

Detroit has been the site of many civil rights and labor rights battles, and many notable Black attorneys have called the city home. The first Black president of the ABA, Dennis Archer, came from the Detroit legal community, as does the current ABA president, Reginald Turner. But the full story of one of the city’s pioneering legal figures has not been told–until now.

In No Equal Justice: The Legacy of Civil Rights Icon George W. Crockett Jr., co-authors Edward J. Littlejohn and Peter J. Hammer have filled in this blank with an absorbing history of Crockett’s Floridian childhood, his law school years at the University of Michigan, his defense of Communist activists at the height of the Red Scare, his harrowing search for the murdered Freedom Riders in 1964, his time as a judge on Detroit’s Recorder Court, and his election to the U.S. House of Representatives.

For this episode of the Modern Law Library, Hammer joined the ABA Journal’s Lee Rawles to discuss the research that went into the book, some of Crockett’s most high-profile cases, how Crockett ended up serving four months in prison for contempt of court, and to explain why Crockett was one of the Detroit police department’s most-hated public figures.

Special thanks to our sponsor, Posh Virtual Receptionists.

The justice system is the antagonist in retired judge’s legal thriller novel

Legal Talk Network — Wed, 16 Mar 2022 11:00:08 +0000

Retired judge and bestselling novelist Martin Clark had to deal with his fair share of rejection before he finally broke in more than two decades ago with his debut novel, The Many Aspects of Mobile Home Living. After several false starts, that book got Clark’s career up and running. In this episode, the ABA Journal’s Matt Reynolds finds out what made the difference for Clark, and gets tips for other lawyers itching to write their first book.

Special thanks to our sponsor, Posh Virtual Receptionists.

Tough decision to make? Here’s how to break it down like a lawyer

Legal Talk Network — Wed, 23 Feb 2022 12:00:56 +0000

Law professor Kim Wehle is used to helping her students begin to think like lawyers. But the methodology behind making tough decisions as a legal professional can also benefit the general public. It’s why How To Think Like A Lawyer—and Why: A Common-Sense Guide to Everyday Dilemmas was a natural follow-up to her two previous books, How to Read the Constitution—and Why and What You Need to Know About Voting—and Why.

Wehle’s previous books attempted to fill in civics education gaps for the general public. With her newest book, Wehle is hoping to give the general public alternatives to kneejerk or strictly partisan decision-making by encouraging a more methodical approach. In How to Think Like a Lawyer—and Why, Wehle shares what she calls the B-I-C-A-T Method. The five steps to the B-I-C-A-T Method are:

1. Break the problem down.

2. Identify your values and your aim.

3. Collect lots of information.

4. Argue both sides of each point.

5. Tolerate the fact that people may disagree with your choice and that you might feel conflicted about your decision.

In this episode of the Modern Law Library, Wehle and the ABA Journal’s Lee Rawles discuss how she chose the five different spheres of life highlighted in her book as areas where a lawyerly mind could be particularly useful: work, family life decisions, civic life, health care and when it’s time to hire an actual lawyer. They also take the B-I-C-A-T Method for a spin in a hypothetical situation that’s a real-life dilemma for many parents around the world: How to approach masking in school.

Special thanks to our sponsor, Posh Virtual Receptionists.

Regulate cryptocurrencies and fintech products before it’s too late, urges author

Legal Talk Network — Wed, 09 Feb 2022 12:00:35 +0000

Hilary J. Allen isn’t sorry if you find her new book scary. In fact, she’s hoping that Driverless Finance: Fintech’s Impact on Financial Stability can spook enough people to create momentum for change.

Allen was involved in the Financial Crisis Inquiry Commission that was formed by Congress to study the causes behind the 2008 financial crisis. Now she sees the possibility of financial collapse on an even greater scale with AI technology being used in the financial industry; “smart contracts” that could bring down banks before human intervention is possible; cryptocurrency and non-fungible token sales being made for the purpose of speculation; and tech giants like Apple, Facebook, Amazon and Google contemplating offering financial services. In the future, she warns, banks might not be the only entities that become “too big to fail.”

While the public is concerned about the safety of driverless cars, there’s much less awareness about driverless finance, and the dangers it could pose to the global financial system are real, says Allen.

In this episode of the Modern Law Library, Allen speaks with the ABA Journal’s Lee Rawles about the promise and downsides of some “cutting-edge” financial products, and why innovation is not inherently good. She suggests some avenues for regulation and oversight, urges that regulators be given the technology and access to expertise they need to keep up with new financial products and markets, and explains what an NFT is–and what it isn’t.

Special thanks to our sponsor, Posh Virtual Receptionists.

Need to sharpen your legal writing? 10th Circuit Court judge shares his tips

Legal Talk Network — Wed, 26 Jan 2022 12:00:06 +0000

But Bacharach decided he wanted to dive deeper, to see what the science of psycholinguistics could teach lawyers and judges about how written words persuade an audience. The result was his new book, Legal Writing: A Judge’s Perspective on the Science and Rhetoric of the Written Word, published by the ABA.

Legal Writing is a slim volume, but it’s packed with tips. It considers details as microscopic as a serif on a letter and as macroscopic as how to create an outline for an argument. In this episode of the Modern Law Library podcast, Bacharach chats about his own writing process; shares his top takeaways from the psycholinguists he consulted; and offers his advice for young litigators looking to hone their skills.

Outcomes in state supreme courts aren’t as simple as Blue vs. Red

Legal Talk Network — Wed, 12 Jan 2022 12:00:00 +0000

Most of the spotlights are on the U.S. Supreme Court when it comes to legal cases that impact civil rights. But state supreme courts are the final arbiters of what each state’s own constitution dictates. They can have enormous influence on Americans’ civil rights and daily lives—and there isn’t nearly as much scholarship available on them, particularly when it comes to civil rather than criminal cases. Political scientists James L. Gibson and Michael J. Nelson hope to change this with their new book, Judging Inequality: State Supreme Courts and the Inequality Crisis.

When Gibson and Nelson set themselves the task of analyzing civil cases and the court makeups of all 50 state supreme courts, they realized without additional manpower it would be a daunting one, they tell Lee Rawles in this episode of the Modern Law Library podcast. With the help of students, they created a database to track the outcomes of seven kinds of civil cases that would come before each court, and looked to see which courts tended to support the “haves” against the “have nots.” They also analyzed the backgrounds of each justice, to the best of their ability. One of their most important findings? It’s not as facile as a red state/blue state divide.

In this episode, Gibson and Nelson discuss the work that went into their study, the results they found most surprising, and what they as political scientists think that the legal profession should be discussing when it comes to the highest courts in each state.

In ‘All Her Little Secrets,’ the death of an attorney’s boss could bring her secrets to light

Legal Talk Network — Wed, 22 Dec 2021 12:00:10 +0000

In her debut novel, All Her Little Secrets, attorney Wanda M. Morris has written a legal thriller full of corporate intrigue and small-town secrets. Morris takes readers inside Atlanta boardrooms and back into the past of her heroine, Ellice Littlejohn.

What would possess someone to react to the sight of her boss (and longtime married lover) shot to death in his office by closing the door and walking away without alerting anyone? The trauma behind Littlejohn’s actions becomes clearer as readers discover more about her background, and they may have a hard time putting down the novel as Littlejohn tries to discover the real reason behind her subsequent promotion at work. Is she a pawn, a token or a fall guy? Can she protect the people she loves and make sure her long-buried secrets don’t rise from the grave?

In this episode of the Modern Law Library, Morris discusses her 13-year journey towards publication, tips she has for fellow lawyers who want to write books, and the motivations behind her characters’ actions with the ABA Journal’s Lee Rawles. While this interview remains spoiler-free, Morris reveals the backstories behind some of the characters in her book, and shares her thoughts on the real-life racism that is reflected in Littlejohn’s experiences as the only Black woman attorney in an executive suite.

Our favorite pop culture picks in 2021

Legal Talk Network — Wed, 08 Dec 2021 15:10:05 +0000

In our annual year-in-review episode, Lee Rawles speaks to her ABA Journal colleagues Blair Chavis, Matt Reynolds and Amanda Robert to find out how they spent their free time in 2021. Like many people, we’ve found it more difficult during the pandemic to read for pleasure, so this year we’re also sharing what TV shows, movies and podcasts we would recommend, in addition to our favorite books and audiobooks. We also share what we’re adding to our to-read and to-watch lists in 2022. Have your own favorites? Email them to us at books@abajournal.com, and you may hear them featured in a future episode.

America’s fights over medical treatment choices didn’t start with COVID-19 and Ivermectin

Legal Talk Network — Wed, 24 Nov 2021 12:00:02 +0000

Like the legal profession, the practice of medicine in the United States is highly regulated. But it hasn’t always been, and the idea that a person has the right to try the medical therapies of their choice has a much longer history. In Choose Your Medicine: Freedom of Therapeutic Choice in America, law professor Lewis A. Grossman introduces readers to a fractious history with some unexpected combatants–and comrades.

From his research, Grossman discovered that skepticism towards medical authorities has been the historical attitude Americans have held through the majority of the country’s history. Instead, the deviation was the confidence and trust in science that held sway in the 1930s through the 1960s. In this episode of the Modern Law Library, Grossman discusses these historical attitudes with the ABA Journal’s Lee Rawles, and what these attitudes could mean for the country’s public health.

Grossman points out that views on medical choice don’t map directly onto political views. During the AIDS crisis in the 1980s and 1990s, liberal gay activists teamed up with anti-regulation conservatives to demand the FDA change its policies and let HIV-positive people try drug treatments that hadn’t yet completed the approval process. During the COVID-19 pandemic it appears conservatives are more likely to demand unproven drugs and treatments like hydroxychloroquine (touted by former President Trump) and the anti-parasitic drug Ivermectin, but there are numerous instances of vaccine hesitancy on either side of the political spectrum.

Choose Your Medicine takes readers back to the time of “heroic medicine,” where doctors advocated for extreme (and sometimes deadly) treatments like purgatives and bloodletting in the hope that some progress would be made towards cures. The book looks at pre-Civil War efforts to regulate the practice of medicine, and shows how they failed. It illuminates once-popular movements like Thomsonianism, practiced by followers of a 19th century herbalist named Samuel Thomson.

One chapter of the book deals with the changes brought by the 1970s health movements. A cautionary tale from that time is Laetrile–a “medicine” made from apricot pits–which was touted as a wonder drug that could fight cancer. In practice, Laetrile did no such thing. But not all lobbying for alternative treatments has been a failure: Supporters of medical cannabis have been able to completely shift laws and attitudes towards marijuana over a relatively short amount of time. Other alternative treatments like acupuncture and chiropractic practices have become mainstream and successful.

In this episode, Grossman–who started writing the book long before the COVID-19 pandemic began–discusses what it’s been like to see a new field of battle develop over medical choice. He talks about the constitutional theories advocates have used to push for therapeutic choice. He also shares a story he tells his students at the beginning of every semester: the story of a college student named Abigail Burroughs, who was dying from cancer and seeking an experimental drug.