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ABA Journal: Modern Law Library

Legal Talk Networkwww.abajournal.com
Listen to the ABA Journal Podcast for analysis and discussion of the latest legal issues and trends the first Monday of each month. Also hear discussions with authors for The Modern Law Library books podcast series.
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Episodes

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

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...

Jul 09, 202534 minSeason 1Ep. 240

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

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...

Jun 18, 202538 minSeason 1Ep. 239

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

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 lynch...

Jun 04, 202544 minSeason 1Ep. 239

What today’s rainmakers do differently

Matthew Dixon, co-founder of DCM Insights, is a researcher who’s spent much of his career studying the shared characteristics and behaviors of successful B2B salespeople. In 2011, he released a study called “The Challenger Sale.” While giving a keynote on his findings at an annual partner retreat, an audience member stood up and challenged him. “He said, ‘Dr. Dixon, you’ve been talking for 45 minutes about sales effectiveness and salespeople and selling and sales process, and it’s all very fasci...

May 21, 202551 minSeason 1Ep. 237

Perplexed about AI? Richard Susskind wants to help

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, h...

May 07, 202550 minSeason 1Ep. 236

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

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 o...

Apr 23, 202545 minSeason 1Ep. 232

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

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...

Apr 09, 20251 hr 7 minSeason 1Ep. 231

How thinking like an athlete can make you a better lawyer

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...

Mar 19, 202555 minSeason 1Ep. 233

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

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 Th...

Mar 05, 202540 minSeason 1Ep. 232

'The Licensing Racket' takes aim at professional licensing in America

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 say...

Feb 19, 202547 minSeason 1Ep. 229

Former Watergate prosecutor and friends reflect on life in 'Legal Briefs'

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 re...

Feb 05, 202533 minSeason 1Ep. 230

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

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 C...

Jan 08, 202542 minSeason 1Ep. 229

Our favorite pop culture picks in 2024

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 ...

Dec 18, 202436 minSeason 1Ep. 228

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

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...

Dec 04, 202436 minSeason 1Ep. 227

What went wrong–and right–with 10 famous trials

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 rig...

Nov 25, 202441 minSeason 1Ep. 226

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

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 player...

Nov 06, 202447 minSeason 1Ep. 224

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

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 A...

Oct 24, 202444 minSeason 1Ep. 224

'Company' is the perfect short story collection for spooky season

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 ...

Oct 09, 202445 minSeason 1Ep. 223

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

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...

Sep 25, 202441 minSeason 1Ep. 222

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

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 chang...

Aug 29, 202449 minSeason 1Ep. 221

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

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 .

Jul 24, 202452 minSeason 1Ep. 220

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

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...

Jul 10, 202459 minSeason 1Ep. 219

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

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...

Jun 19, 202444 minSeason 1Ep. 218

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

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 l...

Jun 05, 202447 minSeason 1Ep. 217

How to strike up conversations that build your book of business

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, Fede...

May 29, 202448 minSeason 1Ep. 216

When states’ rights and healthcare access clash

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. Fr...

May 15, 202450 minSeason 1Ep. 215

'In the Shadow of Liberty' shines light on American immigration history

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 st...

May 01, 202454 minSeason 1Ep. 214

Users keepers: Pirates, zombies and adverse possession

“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 anc...

Apr 10, 202433 minSeason 1Ep. 213

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

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 neve...

Mar 20, 202437 minSeason 1Ep. 212

'When Rape Goes Viral' looks at why cases like Steubenville happen

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...

Mar 06, 20241 hr 6 minSeason 1Ep. 211
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