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Explore every episode of the podcast ABA Journal: Modern Law Library
Dive into the complete episode list for ABA Journal: Modern Law Library. Each episode is cataloged with detailed descriptions, making it easy to find and explore specific topics. Keep track of all episodes from your favorite podcast and never miss a moment of insightful content.
| Title | Pub. Date | Duration | |
|---|---|---|---|
| Barrister’s new mystery novel offers glimpse inside the Inner Temple | 18 Jun 2025 | 00:36:10 | |
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’ | 04 Jun 2025 | 00:41:54 | |
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. | |||
| When should life sentences be overturned? Judge shares how he decides | 08 Jan 2025 | 00:40:29 | |
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. | |||
| Interested in infectious disease litigations? Before you accept a case, read this | 10 Mar 2021 | 00:34:23 | |
A different kind of wave of coronavirus cases will be coming to courts. Here's what you should know before you take a case. | |||
| What can Texas tell us about the rise and fall of the death penalty? | 17 Feb 2021 | 01:01:23 | |
In Let The Lord Sort Them: The Rise and Fall of the Death Penalty, Maurice Chammah shares how Texas became the country's capital punishment capital. | |||
| Why do barristers wear wigs? 'Dress Codes' explores fashion and the law | 03 Feb 2021 | 00:47:59 | |
The rules surrounding what we wear can be unwritten social mores or codified in law. Dress Codes: How the Laws of Fashion Made History explains why. | |||
| How your firm can use technology to build business and keep clients | 27 Jan 2021 | 00:32:45 | |
Most lawyers are cautious about change, but in The Modern Law Firm, Heinan Landa says technology adoption is key to getting and keeping clients. | |||
| 'White Fright' author discusses historical lynch mobs and the attack on the Capitol | 13 Jan 2021 | 00:40:12 | |
White Fright author Jane Dailey discusses what America's history with lynch mobs can teach us about the attack on the Capitol. | |||
| Our favorite reads from 2020 | 23 Dec 2020 | 00:39:12 | |
Lee Rawles speaks with editor Victor Li and reporters Lyle Moran, Amanda Robert and Stephanie Francis Ward to find out which books helped them make it through 2020–and what listeners could be adding to their own 2021 reading lists. | |||
| Former corporate lawyer draws inspiration from her family for her tireless clemency work | 09 Dec 2020 | 00:37:40 | |
Brittany Barnett shares how formative experience changed her and made her identify strongly with Sharanda Jones, an incarcerated woman Barnett met during law school. | |||
| Lawyer recounts the life and legacy of the mysterious man behind Pilates | 25 Nov 2020 | 00:37:02 | |
John Howard Steel tells the ABA Journal's Lee Rawles about the unlikely history of Pilates–both the exercise phenomenon and the man himself. | |||
| Having a hard time connecting with your witness? Try these tips | 11 Nov 2020 | 00:40:58 | |
Katherine James explains to the ABA Journal's Lee Rawles how she draws from her background in the theater to advise lawyers. James shares some of her war stories from her many years as a trial consultant and offers advice to listeners about how they can achieve the best outcome for their injured clients. | |||
| Knowing when to tell your client 'no,' and other ethical dilemmas | 21 Oct 2020 | 00:31:21 | |
Legal ethics experts Lawrence J. Fox and Susan R. Martyn walk through the Six C’s” of legal ethics and share their advice for what lawyers most need to keep in mind during the COVID-19 pandemic. | |||
| Our favorite pop culture picks in 2024 | 18 Dec 2024 | 00:34:02 | |
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. | |||
| Voting rights attorney tells a tale of dark money chicanery in 'The Coyotes of Carthage' | 07 Oct 2020 | 00:30:32 | |
Steve Wright discusses how he got into creative writing, what it's been like to teach students at the University of Wisconsin Law School remotely, and the possibility of turning The Coyotes of Carthage into a TV series. | |||
| The case for separating Church and State | 23 Sep 2020 | 00:22:29 | |
Erwin Chemerinsky and Howard Gillman are sounding a warning about the direction of SCOTUS rulings on the separation of church and state. | |||
| 'Demagogue' tells the story of Sen. Joseph McCarthy's rise and fall | 09 Sep 2020 | 00:48:05 | |
What made 1950s America vulnerable to a man like Joseph McCarthy, a junior senator from Wisconsin? In Demagogue: The Life and Long Shadow of Senator Joe McCarthy, Larry Tye takes an in-depth look at McCarthy's life.
Tye tells the ABA Journal's Lee Rawles that his interest in McCarthy was piqued during his research for a previous book, Bobby Kennedy: The Making of a Liberal Icon. Ethel Kennedy's memories of McCarthy were clearly fond ones. She recollected a man who doted on children, gave her husband his first real job and "was just real fun." It was a far cry from the caricature of McCarthy that is more generally known.
With access to military, medical and personal records that have never before been shared publicly, Tye was able to make a number of revelations. One of the surprises? McCarthy had told the truth about heroics during his military service in World War II, something that had been dismissed by many as another tall tale told by a fabulist.
But Demagogue was not written solely to humanize a man who has become a cultural caricature. "I seek not to redeem the Wisconsin senator but rather to unmask fanatics and fabricators on all sides in a way that presents a truer, more fully dimensional portrait of a figure so central to the narrative of America," Tye writes. | |||
| 6 key numbers that can diagnose the financial health of your law practice | 26 Aug 2020 | 00:35:40 | |
Do you know how many billable hours you can devote to a new case? Or whether you need to add another attorney to your firm? Can you afford to take time off from your practice, and if so, how much? If you're one of the lawyers who is kept up at night with worries about your firm's finances, you are not alone. Financial consultant Brooke Lively says that law school does not prepare most people for the business side of the practice of law. Through her work with attorneys and firms, she's identified six key numbers that can tell the health of a law practice and identify what next steps a firm needs to take. They are compiled in her book From Panic to Profit: How 6 Key Numbers Can Make a 6 Figure Difference in Your Law Firm, and she walks the ABA Journal's Lee Rawles through all six. | |||
| Convicted of a crime that never occurred? It happens all too often, law prof says | 12 Aug 2020 | 00:29:31 | |
We are used to hearing about wrongful convictions where a murderer walked free because an innocent person was misidentified. But when Montclair State University professor Jessica Henry was researching material for her course on wrongful convictions, she discovered that in one-third of all known exonerations, the conviction was wrongful because there had not even been a crime.
This discovery paved the way for her new book, Smoke But No Fire: Convicting the Innocent of Crimes that Never Happened. In it, Henry recounts stories of disappearances deemed murders until the living "victim" was discovered; natural deaths deemed suspicious because of faulty forensic science; and fabricated accusations that sent innocent people to jail. More importantly, Henry identifies the lapses at every stage of the justice system that can allow for these injustices to occur: from dishonest police officers to careless forensic labs, over-zealous prosecutors, over-worked defense attorneys, and overly permissive and under-informed judges.
In this episode of the Modern Law Library, Henry speaks with the ABA Journal's Lee Rawles about some of the strange and heart-rending stories she uncovered and how the legal community can work towards eliminating such injustices. | |||
| How well-meaning social reforms created 'Prison by Any Other Name' | 22 Jul 2020 | 00:48:13 | |
At a time when the country is discussing how the justice system and policing can be reformed, it's critical that we avoid adopting reforms that have damaging consequences. In Prison by Any Other Name: The Harmful Consequences of Popular Reforms, authors Maya Schenwar and Victoria Law outline the way that well-meaning movements ended up funneling people into environments where they faced even more scrutiny and punitive measures. In this episode, the ABA Journal's Lee Rawles discusses with Schenwar and Law examples such as the school-to-prison pipeline; court-ordered drug treatment programs with no proof of success; location-monitoring devices that are expensive and set probationers up to fail; and the invasiveness of family social services in an era of mandated reporting. | |||
| How feminism worsened mass incarceration–and how it can stop | 15 Jul 2020 | 01:00:09 | |
As a law professor at the University of Colorado Law School, Aya Gruber has seen her Millennial students wrestle with a contradiction that she has long struggled with herself.
"On one side of the scale is a Black Lives Matter-informed belief that policing, prosecution and incarceration are racist, unjust, and too widespread," writes Gruber in her new book, The Feminist War on Crime: The Unexpected Role of Women's Liberation in Mass Incarceration. "This side abhors the practice of putting human bodies in cages. On the other is a #MeToo-informed preoccupation with men's out-of-control sexuality and abuse of power. This side wants to get tough."
In this episode of the Modern Law Library, Gruber shares examples of the unintended consequences of feminist criminal law reforms; discusses her personal experience as a public defender; and helps ABA Journal host Lee Rawles make peace with her interest in true crime podcasts. Gruber also describes how feminists can rethink gender justice advocacy without contributing to a discriminatory, carceral system.
Special thanks to our sponsor, Headnote. | |||
| What does police abolition look like? | 24 Jun 2020 | 00:25:53 | |
Alex S. Vitale explains the troubling origins of modern policing, why commonly suggested reforms like training and increased diversity have not been successful, and much more. | |||
| What's lost when jury trials vanish? | 10 Jun 2020 | 00:47:15 | |
Thirty years ago, between 9% to 10% of federal criminal cases actually went to trial before a jury. That may not seem like a large percentage, but by 2018, only 2% of defendants received a jury trial. To Robert Katzberg, this represents a three-fold crisis. First, citizens are unable to participate and observe the judicial system through jury service. Second, trial attorneys are unable to hone their skills in front of a jury. Third, defendants are thus deprived of experienced counsel. It inspired Katzberg to write The Vanishing Trial: The Era of Courtroom Performers and the Perils of Its Passing. Part memoir, part practical advice for litigators and part warning to the public, the book shares stories from Katzberg's four decades of litigation experience in New York City and around the country. In this episode of the Modern Law Library, he explains to the ABA Journal's Lee Rawles why he chose to praise and criticize people by name, and why jury duty is such a valuable experience.
Special thanks to our sponsor, Headnote. | |||
| Meet 9 American women shortlisted for the U.S. Supreme Court before Sandra Day O'Connor | 20 May 2020 | 00:31:06 | |
As early as the 1930s, presidents were considering putting the first woman on the U.S. Supreme Court. So who were these other candidates on the shortlist, and why did it take until 1981 for Sandra Day O'Connor to become the first female justice? In this episode of the Modern Law Library, the ABA Journal's Lee Rawles talks with Renee Knake Jefferson and Hannah Brenner Johnson about their decade-long research project into the careers and personal lives of nine other women who could have been elevated to the Supreme Court. In Shortlisted: Women in the Shadows of the Supreme Court, Jefferson and Johnson also look at the factors that helped those nine succeed as women in the law, the institutional powers that stood in the way of their nominations, and the forces that eventually broke down the court's gender barrier.
Special thanks to our sponsor, Headnote. | |||
| Horse-loving lawyer left the law to help run a Colorado ranch | 04 Dec 2024 | 00:33:38 | |
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. | |||
| Insider's guide to succeeding in law school | 06 May 2020 | 00:36:35 | |
Andrew Guthrie Ferguson says that near the end of every school year, he has law students come into his office, "usually in tears." They tell the professor that if they'd only known at the start of the year what they'd figured out by the end of the year, they'd be so much father ahead. During his time as a non-traditional law student, Jonathan Yusef Newton found himself coaching and consoling many of his peers, trying to share with them what he'd learned about the law school system. Both Ferguson and Newton independently thought that there should be a guide to law school to explain these unwritten rules–and after a discussion in Ferguson's office, they realized they could collaborate on just such a project, combining the wisdom of the law professor and the recent law grad. The Law of Law School: The Essential Guide for First-Year Law Students was the result.
In this episode, they discuss the book with the ABA Journal's Lee Rawles, and share their thoughts on how distance learning during the COVID-19 pandemic will impact the experience of law school. Ferguson, an expert on the use of data and electronic surveillance by law enforcement, and Newton, a former police officer, also share their thoughts and concerns about the use of surveillance technology to enforce public health.
Special thanks to our sponsor, Headnote. | |||
| Journalist investigating wrongful convictions turns lens on white-collar criminal case | 22 Apr 2020 | 00:29:09 | |
When Michael Segal first approached longtime Chicago journalist Maurice Possley about writing about his case, Possley was not interested. Segal's 2002 arrest and subsequent federal trial had been big news in the city, and Segal had been accused of the looting about $30 million from his Chicago company, Near North Insurance Brokerage. Possley had won the Pulitzer Prize for previous stories about wrongful convictions, but never about someone of Segal's profile: a wealthy, powerful and educated owner of the fifth largest insurance brokerage in the country. But the more Possley looked into the case, the more convinced he became that prosecutorial misconduct and vengeful former employees had unjustly cost the Segal family their company, some 1,000 employees their jobs, and Segal himself eight years in prison–for a crime that Possley doesn't believe was ever a crime in the first place.
In Conviction at Any Cost: Prosecutorial Misconduct and the Pursuit of Michael Segal, Possely delves into the motives of the various players in the case, and lays out irregularities in the way Segal was investigated and prosecuted. In this episode of the Modern Law Library, Possley speaks with the ABA Journal's Lee Rawles about his investigation, his writing partnership with Segal, some of the more surprising turns his research took, and how Chicago city politics impacted the case.
Special thanks to our sponsor, Headnote. | |||
| Develop your horse sense with equine law | 08 Apr 2020 | 00:22:39 | |
Julie Fershtman has developed a niche practice helping people who love horses deal with the particular joys and challenges that come with equine businesses. She is one of the nation's best-known lawyers serving many facets of the horse industry. Fershtman is the author of Equine Law and Horse Sense, produced with ABA Publishing. In this episode of the Modern Law Library, Fershtman introduces ABA Publishing’s Ashley Alfirevic to the world of horse sense, the dark underbelly of the Kentucky Derby and the liabilities of pony rides.
Special thanks to our sponsor, Headnote. | |||
| What should you read about COVID-19? We asked an epidemiologist | 25 Mar 2020 | 00:25:45 | |
With a barrage of information and misinformation about COVID-19 coming our way, it can be hard to evaluate what sources are trustworthy, and where to go for reliable medical news. So for this episode of the Modern Law Library, the ABA Journal's Lee Rawles called her friend Mary Lancaster, an epidemiologist for the federal government. They discuss how to evaluate social media claims, the best books and podcasts for people who want to know more about infectious diseases–and their recommendations on good fiction reads for people who need to take a break from the coronavirus news.
Special thanks to our sponsor, Headnote. | |||
| How to achieve vocal power in and out of the courtroom | 11 Mar 2020 | 00:36:33 | |
Public speaking is a crucial part of working as an attorney. It is especially important for female attorneys who are claiming their vocal authority in speaking roles in courts. In this episode of the Modern Law Library, ABA Publishing’s Olivia Aguilar speaks with Rena Cook, co-author of Her Voice in Law: Vocal Power and Situational Command for the Female Attorney, about various aspects of voice and presentation; power-stealing vocal traits; and why understanding your voice is an important first step to building confidence and strengthening your success.
Special thanks to our sponsor, Headnote. | |||
| Two families connected by LA riots collide in 'Your House Will Pay | 26 Feb 2020 | 00:33:51 | |
The riots in South Los Angeles in 1992 may be nearly three decades old, but in the present day, two families in the novel Your House Will Pay will find that the events from that time are far from over.
Shawn Matthews is a former gang member and ex-prisoner in his forties, trying to raise a family and help his cousin acclimate after a decade in prison. Grace Park is a 28-year-old pharmacist who lives at home with her Korean-immigrant parents, trying to understand the reasons behind her older sister's estrangement with the family. These two main characters have never met, but over the course of the book the reader comes to understand the web of connections between them.
In this episode of the Modern Law Library, the ABA Journal's Lee Rawles speaks with Steph Cha, author of Your House Will Pay, about the real-life incidents that provided the inspiration for her novel. They also discuss why Cha decided to go to law school–and why she decided to be a writer instead of a practicing attorney.
Special thanks to our sponsor, Headnote. | |||
| How safe is your right to vote? | 05 Feb 2020 | 00:37:44 | |
The story of voting rights in the United States is not just one of expansion; there have been periods (such as after Reconstruction) where voting rights that had once been exercised were blocked off, extinguished and suppressed. Uncounted: The Crisis of Voter Suppression in America tells the story of historical efforts of voter suppression and the modern-day dangers that face voters now. In this new episode of the Modern Law Library, Gilda R. Daniels speaks with the ABA Journal’s Lee Rawles.
Special thanks to our sponsor, Headnote. | |||
| The court of public opinion: Why litigation PR is a critical component of a case | 22 Jan 2020 | 00:29:26 | |
A lawyer’s duties do not begin and end at the courtroom door. They extend beyond to the proverbial court of public opinion. As both an attorney and a public relations consultant, author James F. Haggerty has shared how to properly handle the media aspects of litigation in the third edition of his book, In the Court of Public Opinion: Winning Strategies for Litigation Communications. In this new episode of the Modern Law Library, Haggerty speaks with Olivia Aguilar of ABA Publishing.
Special thanks to our sponsor, Headnote. | |||
| How to kick off 2020 with more productive business meetings | 08 Jan 2020 | 00:23:21 | |
When considering our New Year’s resolutions, we all want to be more resourceful with our time, especially with our workdays. We don’t realize how much time meetings can take up if they are conducted in an inefficient manner. Author and lawyer Donald Tortorice has offered a solution with his new book, The Modern Rules of Order. The fifth edition shares a modern and streamlined approach to business meetings that promotes efficiency, decorum and fairness in all settings.
Special thanks to our sponsor, Headnote. | |||
| Our favorite reads of 2019 | 18 Dec 2019 | 00:33:57 | |
If you're traveling this holiday season–or just enjoying some end-of-year downtime–you might be in need of some good book recommendations. With that in mind, in this episode of the Modern Law Library, the ABA Journal's Lee Rawles brings you a glimpse at what we've been reading around the ABA offices. Staff recommendations run the gamut from romance to horror to self-help to historical fiction. Make 2020 the year you make time to curl up with a good book, and tell us your favorite read of 2019.
Special thanks to our sponsor, Headnote. | |||
| What went wrong–and right–with 10 famous trials | 25 Nov 2024 | 00:39:17 | |
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. | |||
| What goes on in the mind of a sentencing judge? | 04 Dec 2019 | 00:27:46 | |
A new book by Judge Frederic Block gives a behind-the-scenes look at a judge’s thoughts and feelings when imposing punishments. Block is candid and self-reflective in the book and also wonders where the line should be drawn in exercising judicial powers. In this new episode of the Modern Law Library podcast, Olivia Aguilar of ABA Publishing speaks with Block about sentencing issues, the details surrounding the cases covered in the book, and the most important case that he has ever handled.
Special thanks to our sponsor, Headnote. | |||
| The Education of Brett Kavanaugh | 27 Nov 2019 | 00:33:13 | |
One year after Brett Kavanaugh's tumultuous nomination to the U.S. Supreme Court, questions that arose during the nomination hearings still linger. In this episode, the ABA Journal's Lee Rawles speaks with New York Times reporters Robin Pogrebin and Kate Kelly about their book The Education of Brett Kavanaugh: An Investigation. Progrebin and Kelly discuss what it was like to report on Kavanaugh's nomination in real time, and to speak with the women who accused him of sexual assaults dating back to his high school and college years. They discuss what they learned from people who'd known him at various points in his life, and the conclusions they came to at the end of their year-long investigation.
Special thanks to our sponsor, Headnote. | |||
| How to master the jury selection process | 06 Nov 2019 | 00:43:20 | |
As director of the National Legal Research Group’s jury research services division, Jeffrey T. Frederick is an expert on jury selection strategies. His new book, Mastering Voir Dire and Jury Selection, Fourth Edition: Gain an Edge in Questioning and Selecting Your Jury, shares how to develop and ask the questions to uncover information. In this new episode of the Modern Law Library podcast, Olivia Aguilar of ABA Publishing talks to Frederick about the significance of nonverbal cues during questioning, why open-ended questioning is the best way to secure necessary information, and how you can break the ice with a conversational tone.
Special thanks to our sponsor, Headnote. | |||
| Fighting for 9/11's first responders | 30 Oct 2019 | 00:32:32 | |
Tens of thousands of people worked at Ground Zero after the World Trade Center attacks in 2001, looking for survivors, sifting for human remains and breathing in the dust of the pulverized buildings. Their actions were heroic and lauded at the time, but as the months and years passed, many began to become gravely ill. William Groner was part of a legal team who brought a mass tort case that secured settlements for more than 10,000 such clients. In 9/12: The Epic Battle of the Ground Zero Responders, Groner and journalist Tom Teicholz tell stories about the individuals involved and the twists and turns of a legal battle with billion-dollar stakes. Groner speaks with the ABA Journal's Lee Rawles about how this battle changed him personally, the challenge of "being ahead of the science," and why the heroism his clients showed is now more important than ever.
Special thanks to our sponsor, Headnote. | |||
| New book addresses critical legal issues, policies and strategies surrounding smart technology | 09 Oct 2019 | 00:27:27 | |
From connected cars and industrial systems to toothbrushes and refrigerators, "internet of things" technology seems to be everywhere in the daily lives of consumers. With these modern conveniences, there are also privacy violations and security risks that must be considered while using them. The first comprehensive legal text focused on IoT, The Internet of Things: Legal Issues, Policy, and Practical Strategies, provides perspectives on public policy and assesses the broad range of legal issues, such as licensing, liability, electronic discovery and intellectual property, while addressing the current lack of regulation. In this new episode of the Modern Law Library podcast, Olivia Aguilar of ABA Publishing speaks with co-editor Cynthia H. Cwik about why IoT devices are some of the most vulnerable hacker targets, the impact of these devices on national security, and potential future regulatory measures.
Special thanks to our sponsor, Headnote. | |||
| African American farmer’s legal battle to save his family farm is focus of ‘Catfish Dream’ | 25 Sep 2019 | 00:24:44 | |
Ed Scott was the first ever non-white owner and operator of a catfish plant in the nation. The former sharecropper-turned-landowner was part of a class-action lawsuit that resulted in upon one of the largest civil rights settlements in U.S. history. With the settlement of Pigford v. Glickman in 1999, almost $1 billion dollars has been issued to over 13,000 African American farmers to date. In 2010, the second half of the case was settled for another $1.2 billion in Pigford II. Scott’s legal battle and personal history inspired Julian Rankin to write Catfish Dream: Ed Scott’s Fight for his Family Farm and Racial Justice in the Mississippi Delta. In this episode, Rankin speaks with his cousin, the ABA Journal’s Brenan Sharp, about how Rankin came to meet Scott; how his background in visual arts informs his writing; and what Scott’s story shows us about the struggle for racial and economic justice in the Mississippi Delta.
Special thanks to our sponsor, Headnote. | |||
| How power dynamics in the workplace shield perpetrators of sexual harassment | 11 Sep 2019 | 00:31:26 | |
We often associate the #MeToo movement with the entertainment industry, but sexual harassment is a widespread problem in all industries. The hierarchical nature of the workplace influences victims’ fear that reporting harassment will result in retaliation, and they do not feel protected by the very systems that are in place to protect them.
Lauren Stiller Rikleen addresses these structural issues in her new book, The Shield of Silence: How Power Perpetuates a Culture of Harassment and Bullying in the Workplace. This new release combines thought-provoking research, extensive interviews and strategic recommendations for addressing misconduct in a wide range of scenarios. Rikleen argues that if we are to move forward, all sectors must recognize the systemic problems that have left victims unprotected and work to create a culture of respect in the workplace.
In this episode of the Modern Law Library, ABA Publishing’s Olivia Aguilar speaks with Rikleen about how workplace structures protect those accused of misconduct, why the study of unconscious bias is critical when discussing sexual harassment, and what is next for the #MeToo movement.
Special thanks to our sponsor, Headnote. | |||
| Debut novelist's tale of Sri Lankan refugees wins the Harper Lee Prize | 28 Aug 2019 | 00:38:30 | |
In 2009 and 2010, two cargo ships packed with refugees fleeing the Sri Lankan civil war arrived on the shores of Canada. Those refugees inspired Sharon Bala's debut novel, "The Boat People," which won the 2019 Harper Lee Prize for Legal Fiction. Told through the eyes of a Sri Lankan man seeking asylum for himself and his son; a young Sri Lankan-Canadian law student reluctantly assigned to help with his case; and the granddaughter of Japanese immigrants to Canada interned during World War II, who will have to decide whether the details of his story add up. In this episode of the Modern Law Library, Bala speaks with the ABA Journal's Lee Rawles about the true stories behind her fictional novel, and what winning the prize named for the author of "To Kill a Mockingbird" means to her. | |||
| How to train your expert | 07 Aug 2019 | 00:24:47 | |
When it comes to working with an expert or expert witness, there can be a lot of moving parts to keep track of. Navigating a relationship with an expert can be challenging, but it can be done successfully if both you and your expert pay attention to each other throughout the process. Author and attorney Janet S. Kole examines the complex issue of expert witnesses in her new book How to Train Your Expert: Making Your Client’s Case. In this episode of the Modern Law Library, ABA Publishing’s Olivia Aguilar speaks with Kole about common mistakes that young lawyers make while working with an expert, the ins and outs of the written report and how to avoid “impermissible ventriloquism.”
Special thanks to our sponsor, Headnote. | |||
| Founder of The Slants talks about the band's free-speech fight | 24 Jul 2019 | 00:38:55 | |
When Simon Tam booked the first gig for The Slants, there was a major obstacle to overcome: The band did not technically have any other members yet. There was just Tam and his dream of creating a rock band made up entirely of Asian American musicians. The bassist soon recruited enough musicians to perform the gig, but that would not turn out to be The Slants' biggest challenge. That would come with a trademark battle over the band's "disparaging" name that dragged on for more than a decade until it finally reached the U.S. Supreme Court. In this episode of the Modern Law Library, Tam joins the ABA Journal's Lee Rawles to discuss his band and his new book, Slanted: How an Asian American Troublemaker Took on the Supreme Court.
Special thanks to our sponsor, Headnote. | |||
| 'Watchdogs' author has no regrets about choosing civil service over the NBA | 06 Nov 2024 | 00:44:49 | |
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. | |||
| How the Great Recession changed American law firms | 10 Jul 2019 | 00:27:11 | |
There’s no denying that law firms have gone through significant changes in the last decade. These changes continue to create unprecedented challenges for modern law firms today. So, what’s next? Randy Kiser, author of American Law Firms in Transition: Trends, Threads, and Strategies, pinpoints why the Great Recession of 2008 marked a defining moment for law firms and how the economic shift transformed the legal services landscape. In this episode of the Modern Law Library, ABA Publishing’s Olivia Aguilar speaks to Kiser about the impact of the recession on law firms, why law firm culture is crucial in today’s world and what lawyers have in common with the Pirahã tribe in Brazil.
Special thanks to our sponsor, Headnote. | |||
| How to become a federal criminal | 19 Jun 2019 | 00:23:47 | |
The good news for anyone aspiring to a life of crime is that you may be a multiple offender of federal criminal laws without even being aware of it. Mike Chase, a white-collar defense attorney, launched his popular Twitter account @CrimeADay in an attempt to begin counting how many federal crimes are on the books in the Unites States. Five years later, he's still going strong, and the exercise led him to write How to Become a Federal Criminal: An Illustrated Handbook for the Aspiring Offender. In this episode, Chase talks with the ABA Journal's Lee Rawles about crimes like impersonating a mailman; importing pregnant polar bears; selling mail-order dentures; and letting your falcon be filmed for a movie.
Special thanks to our sponsor, Headnote. | |||
| A curmudgeon's guide to surviving and thriving in BigLaw | 05 Jun 2019 | 00:18:57 | |
Who’s afraid of the big bad partner? For new law graduates and associates going into the world of BigLaw, the stakes have never been higher and neither have the expectations. As an attorney with Jones Day for over 20 years, Mark Herrmann is willing to tell you everything you wish that stoic senior lawyer would say. His book—The Curmudgeon's Guide to Practicing Law, Second Edition—explains how to succeed with a little bit of snark and a whole lot of laughs. In this episode of the Modern Law Library, ABA Publishing’s Ashley Alfirevic speaks to Herrmann about what they didn’t tell you in law school, how to work with your assistant and what’s changed in this new edition.
Special thanks to our sponsor, Headnote. | |||
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