Aba Journal: Modern Law Library

Studies have shown that implicit bias is something that affects everyone to some degree. So what steps can legal professionals at all ranks take to make the justice system fairer and more equitable? In this episode of the Modern Law Library, the ABA Journal’s Lee Rawles speaks with Judge Bernice Donald of the Cincinnati-based 6th U.S. Circuit Court of Appeals and Prof. Sarah E. Redfield about Enhancing Justice: Reducing Bias, a book which Redfield edited and Donald contributed to. They discuss the latest research on bias, and give concrete tips for managing it.

As violent crime in New York City peaked from 1988-1991, policy makers were desperate for ways to combat and prevent it. In 1994, a new theory was embraced by the NYPD: that by controlling low-level “quality-of-life” violations like vandalism, noise complaints, traffic violations and aggressive panhandling, the police would ward off violent crime and more serious property crimes. Violent crime numbers had already begun to dip, but now misdemeanor arrests shot up, pulling in tens of thousands of people with no prior criminal record. In this episode of the Modern Law Library, Prof. Issa Kohler-Hausmann explains to the ABA Journal’s Lee Rawles the impact this change in tactics had for New York City police, courts and residents, and discusses her new book, “Misdemeanorland: Criminal Courts and Social Control in an Age of Broken Windows Policing.”

In the 45 years since Roe v. Wade was decided, it has been a focal point for both anti-abortion and pro-abortion rights groups. But the opinion in the 1973 case has also been used by activists of liberal, libertarian and conservative ideologies to develop privacy arguments for issues ranging from access to experimental drugs to euthanasia to personal data security to sex worker rights. In this episode of the Modern Law Library, the ABA Journal's Lee Rawles speaks with Mary Ziegler, author of the new book Beyond Abortion: Roe v. Wade and the Battle for Privacy. Ziegler discusses what Roe v. Wade's legacy has been, and how it advanced–or failed to advance–Americans' right to privacy.

When we think of civil rights movements, the first to spring to mind might be the battles against African-American segregation or for women's suffrage. But one of the longest, most successful–and least-known–of these movements in America has been made on behalf of corporations. In this episode of the Modern Law Library, Prof. Adam Winkler, author of We the Corporations: How American Businesses Won Their Civil Rights, shares what he learned from his investigation into how corporations have achieved constitutional protections ranging from the right to sue and be sued, to individual rights like religious liberty protections and freedom of speech.

For nearly two decades, Dr. Steven Hayne and Dr. Michael West were the go-to experts that Mississippi law enforcement and prosecutors relied on when there was a potential homicide. Haynes performed the bulk of the autopsies in the state, while West was a dentist who touted his skill in bite-mark analysis. But after years of investigations and countless testimonies from the men, their claims of expertise began to fall apart–and wrongful convictions began coming to light. In The Cadaver King and the Country Dentist: A True Story of Injustice in the American South, authors Radley Balko and Tucker Carrington lay out how the state’s legal system aided and abetted the use of flawed forensic evidence; how systemic racism influenced Mississippi’s coroner system; and the stories of some of the innocent people whose lives were derailed. Carrington, the founding director of the Mississippi Innocence Project and Clinic at the University of Mississippi School of Law, joins the ABA Journal’s Lee Rawles for this episode of

Being trapped on an elevator leads to romance for the hero and heroine in The Wedding Date, written by attorney Jasmine Guillory. When a pediatric surgeon impulsively asks the mayor's chief of staff to be his date to his ex-girlfriend's wedding that weekend, sparks fly. But can the two make a long-distance relationship work? In this episode of the Modern Law Library, Guillory tells the ABA Journal's Lee Rawles that writing served as a stress release from her legal work and functioned as her creative outlet. She discusses the challenges of representation for women of color in the romance industry, and the issues she had to consider when writing about an interracial couple falling in love. Guillory also shares how her background in legal aid helped inspire a subplot of the book, as the heroine tries to win funding for a diversionary program for at-risk teens.

As general counsel for the Teamsters Union Local 810, Mark Torres spends his days arguing for workers' rights. But another of his passions is writing; he published his debut crime novel in 2015. So when he was approached by Hard Ball Press to write a bilingual children's book explaining the importance of labor unions in ways that kids could connect with, Torres agreed. In this episode of the Modern Law Library, he shares with the ABA Journal's Lee Rawles what the process of writing the children's book “Good Guy Jake” was like, why he feels it's necessary for kids to learn about the modern labor movement and how the book has been received by kids and Teamsters alike.

To Bryan Garner, editor in chief of Black’s Law Dictionary, Justice Antonin Scalia was a friend, a mentor, a collaborator and a fellow lover of words. In the wake of Scalia’s death on Feb. 13, 2016, Garner reflected back over their relationship, from their first brief introduction in 1988 to the trip they took to Asia together in the last weeks of Scalia’s life. In this episode of the Modern Law Library, Garner speaks with the ABA Journal’s Lee Rawles about what gave him the confidence to ask a sitting Supreme Court justice to co-author two books; the four style issues he and Scalia were never able to agree on; and what it was like to write his first memoir.

You have reason to believe you’re being monitored by the government, that they are following you and cataloging everywhere you go and everyone you talk to. The knowledge haunts you, and has a chilling effect on everything you do. But can you sue to stop it? In this month’s episode, the ABA Journal’s Lee Rawles speaks with Jeffrey Vagle about his new book, Being Watched: Legal Challenges to Government Surveillance about the current challenges to government surveillance, and a seminal Supreme Court case in 1972 whose effects are still being felt today. Vagle tells the story of Arlo Tatum, a Quaker and anti-war activist who went to prison twice as a conscientious objector rather than sign up for the WWII and Korean War drafts. When he discovered in 1970 that U.S. military intelligence had been following and gathering intelligence on him, he sued the Secretary of Defense. What happened next has had lingering ramifications.

In this month’s Modern Law Library, we read a thrilling tale of dueling toymakers, corporate espionage and a group of brats taking on the queen of the DreamHouse. Prof. Orly Lobel, author of “You Don’t Own Me: How Mattel v. MGA Entertainment Exposed Barbie’s Dark Side,” speaks to the ABA Journal’s Lee Rawles about how an intellectual property dispute between the maker of Barbie and the creator of Bratz spun into a legal battle that would last more than a decade.

As a former federal prosecutor in Washington, D.C., Paul Butler once worked to put people in prison. Now, he has come to believe that prisons should be abolished. In this episode of the Modern Law Library, Butler speaks with the ABA Journal's Lee Rawles about the racial inequities built into the system; his advice for young black men interacting with the police; and his view that radical re-imagining, rather than incremental reform, is the only way to fully address the harm done to civil rights by the criminal justice system.

With resource-strapped police departments facing pressure to avert crime and end racially discriminatory police practices, many are turning to data-driven surveillance technology with the thought that it could be both more objective and more effective. But without transparency into what technology police are using and how the data is gathered, can the public have confidence that these tools will be used responsibly or effectively? In this episode of the Modern Law Library, the ABA Journal's Lee Rawles speaks with Andrew Guthrie Ferguson, author of The Rise of Big Data Policing: Surveillance, Race, and the Future of Law Enforcement. Ferguson discusses how these tools became popular, how they can be used and misused, how implicit bias can taint results, and the limits of predictive technology. He also shares suggestions for how citizens can have an impact on how data is used to police their community.

Fifty years ago, the U.S. Supreme Court struck down laws against interracial marriage in Loving v. Virginia. But Richard and Mildred Loving were not the first American couple to love across race boundaries. The history of what we would now consider interracial relationships in America extends back to the first European explorations of the continent. In this episode of the Modern Law Library, the ABA Journal's Lee Rawles speaks with Sheryll Cashin, a professor of law at Georgetown University and author of Loving: Interracial Intimacy in America and the Threat to White Supremacy. Cashin discusses how the concept of race was introduced in America; how the doctrine of white supremacy was used as a method to divide slaves and free blacks from indentured servants; how flimsy the rationale for racial classification was; and the stories of some men and women who ignored those barriers and formed relationships anyway. She also shares her thoughts on how a younger generation's "cultural dexterity" could help battle the

If you mention a terrorist attack in which a Libyan suitcase bomb brought down an airliner, most people will be quick to remember Pan Am Flight 103, which crashed on Dec. 21, 1988 in Lockerbie, Scotland, killing 270 people. But there is another, similar attack that happened nine months later, on Sept. 19, 1989. When UTA Flight 772 was downed over the Ténéré Desert in Niger, 170 people lost their lives, including seven Americans. Though it is far less known, it was family members of Flight 772 victims who successfully brought suit against the Libyan government in the American court system. Stuart Newberger, author of “The Forgotten Flight: Terrorism, Diplomacy and the Pursuit of Justice,” represented the families in their court case against the Libyan government. He speaks with the ABA Journal’s Lee Rawles about the incredible French investigation into the crash, the years he spent representing the families, and how diplomatic decisions complicated the families’ search for justice and recompense.

The rights to free speech and freedom of the press guaranteed in the Bill of Rights. But when it was first passed–and for its first hundred or so years–the First Amendment was not the robust defense we think of today. Legendary civil rights attorney Floyd Abrams joins the ABA Journal’s Lee Rawles to discuss his book “The Soul of the First Amendment” in this episode of the Modern Law Library. Abrams shares how First Amendment jurisprudence changed over time, and what dangers he sees ahead for free speech in the era of fake news and a presidential administration that is hostile to the press.

What do lawyers and lexicographers have in common? The main job of both is to argue over the meaning of words. In this episode of the Modern Law Library, the ABA Journal's Lee Rawles talks with Kory Stamper about her work as a lexicographer and editor for Merriam-Webster; her new book, “Word by Word: The Secret Life of Dictionaries”; and her position as chief defender of the word "irregardless." We explore the difference between the prescriptivists—whose champion, Bryan A. Garner, writes a column for the ABA Journal—and the descriptivists, and why using the dictionary definition of a word should not end all arguments. We also find out what goes on behind the scenes to produce the newest edition of a Merriam-Webster dictionary.

In this special mega episode of the Modern Law Library, the ABA Journal's Lee Rawles speaks with all three finalists for this year's Harper Lee Prize for Legal Fiction. Jodi Picoult, author of Small Great Things, shares how research for this novel changed her views on race and racism. Graham Moore, author of The Last Days of Night, discusses how he approaches writing historical fiction about real people like Thomas Edison and Nicola Tesla. And James Grippando, author of Gone Again, talks about how he's been able to balance his work as a mystery writer with actively practicing law.

Richard Rothstein spent years studying why schools remained de facto segregated after Brown v. Board of Education. He came to believe that the problem of segregated schools could not be solved until the problem of segregated neighborhoods was addressed–and that neighborhoods were de jure segregated, not de facto. In this episode of the Modern Law Library, the ABA Journal’s Lee Rawles speaks to Rothstein about his new book, The Color of Law: A Forgotten History of How Our Government Segregated America. Rothstein says that federal, state and local governments passed laws and created policies which promoted racial discrimination in housing and destroyed previously integrated neighborhoods. In this interview, Rothstein discusses his findings and proposes remedies to rectify the injustice experienced by generations of African-Americans.

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.

Almost 30 years before Linda Brown and her parents took on the Topeka Board of Education in Brown v. Board of Education, Martha Lum's parents Jeu Gong and Katherine sued to try to stop Rosedale, Mississippi, from barring their Chinese-American children from the local "white" school. Their case, Gong Lum v. Rice, made it to the U.S. Supreme Court in 1927, but rather than granting them relief, the unanimous Supreme Court decision led to even stricter school segregation. For this episode of the Modern Law Library, in honor of Asian Pacific American Heritage Month, the ABA Journal's Lee Rawles discusses this little known chapter of history with Adrienne Berard. Berard is the author of “Water Tossing Boulders: How a Family of Chinese Immigrants Led the First Fight to Desegregate Schools in the Jim Crow South.” Berard discusses the bravery of the family's decision, and the complicated state of race relations in 1920s Mississippi in which the debate over whether the "colored" category applied to Asian Americans too