ABA Journal: Modern Law Library

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  • 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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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.
アート 就職活動 政治学 文学史・文学批評 経済学
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  • What went wrong–and right–with 10 famous trials

    What went wrong–and right–with 10 famous trials
    2024/11/25
    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.
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    41 分
  • 'Watchdogs' author has no regrets about choosing civil service over the NBA

    'Watchdogs' author has no regrets about choosing civil service over the NBA
    2024/11/06
    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.
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    47 分
  • Meet the sheriffs who believe they are ‘The Highest Law in the Land’

    Meet the sheriffs who believe they are ‘The Highest Law in the Land’
    2024/10/24
    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.
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    44 分

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