Listen to the ABA Journal Podcasts for analysis and discussion of the latest legal issues and trends. Podcasts include ABA Legal Rebels and ABA Asked and Answered, brought to you by Legal Talk Network.
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Legal thriller author David Ellis's day job? Appellate court justice
Season 1 · Episode 221
Thursday, August 29, 2024 • Duration 47:18
Justice David W. Ellis has served on the Illinois Appellate Court for the 1st District for nearly 10 years. But readers may know him better as author David Ellis, writer of more than a dozen legal thrillers.
Ellis had enjoyed creative writing as a youth, he tells the ABA Journal’s Lee Rawles in this episode of The Modern Law Library. But during his college and law school years, he was focused solely on his legal career path. It wasn’t until he had been in practice for a few years that this changed. During a vacation at the beach, he suddenly decided that he was going to write a novel—and once that goal was set, he worked relentlessly towards it. And in 2002, he won a prestigious Edgar Award from the Mystery Writers of America for that first novel, Line of Vision.
Both branches of Ellis’s career have seen tremendous returns. He made national news in 2009 as the prosecutor of the impeachment of Illinois Gov. Rod Blagojevich before the state senate. He was the youngest-serving justice in 2014 when he joined the Illinois Appellate Court for the 1st District, which serves Chicago and Cook County. And along the way, he published 11 novels, including the four-book Jason Kolarich series. He was a finalist for the ABA Journal-sponsored Harper Lee Prize for Legal Fiction in 2012 and 2013. He has also co-written nine books with James Patterson, the latest of which (Lies He Told Me) will be released in September.
In this episode, Ellis and Rawles discuss his July release, The Best Lies. The germ of an idea that became The Best Lies started off with the notion of a main character who was a diagnosed pathological liar. When the book opens, Leo Balanoff, a criminal defense attorney in Chicago, has just been arrested for murder. Police have collected DNA and fingerprints at the scene that are a match for a college-era bar fight Leo was charged for, and the victim had an ugly history with one of Leo’s clients. Over the course of The Best Lies, twists and turns across multiple timelines and through multiple points of view begin to reveal what really happened. Ellis weaves a tale combining corporate espionage, violin concertos, police corruption and the Estonian mob.
Ellis also discusses his writing process, his 3:30 a.m. wake-up time, the similarities in his creative and legal writing, and how his judicial ethics concerns sometimes impact his editorial decisions.
Tests into and out of law schools—what's changing and why
Season 1 · Episode 109
Wednesday, August 14, 2024 • Duration 36:25
The LSAT is facing competition from the JD-Next exam, and many states are reconsidering their licensing methods as the bar exam as we’ve known it sunsets in 2028. Kellye Testy, the executive director and CEO of the Association of American Law Schools, talks with the ABA Journal’s Julianne Hill about why those changes are happening now and what it means for law schools and students.
When states’ rights and healthcare access clash
Season 1 · Episode 215
Wednesday, May 15, 2024 • Duration 49:51
From COVID-19 response to the overturning of Roe v. Wade, the results of 50 states having individual approaches to public health, medical outcomes and healthcare access raise troubling questions. A husband-and-wife team of University of Utah professors dig into the ethics of the American healthcare system in States of Health: The Ethics and Consequences of Policy Variation in a Federal System.
Leslie P. Francis is a professor of law and philosophy with a background in bioethics, and John G. Francis is a professor of political science with a focus on European comparative politics, federalism and comparative regulatory policy. The spouses had partnered on three previous books together. When looking for their next project, they decided to examine the consequences of states opting out of Medicaid expansion and what power federalism could have in protecting American citizens’ health. But soon more news events and landmark cases expanded their focus.
The result is States of Health. The book examines the tensions between state and federal powers in a number of areas, including reproductive rights; gender-affirming care; medical marijuana; public health and pandemics; right-to-try laws; patient confidentiality; and care quality and life expectancies.
In this episode of The Modern Law Library, the ABA Journal’s Lee Rawles speaks with the Francises about their collaborative writing process, and what conclusions they have drawn about the benefits of federalism and states’ rights.
The Francises argue that since it is the federal government that determines citizenship and census decisions, state differences go too far when they make “basic decisions about who counts at all, and what it means to count.” They add, “Movement is a critical aspect of who counts: the ability to come and go, or to leave one state more permanently for another.” The Francises argue that freedom of movement for the purpose of medical treatment is crucial for patients, but also point out when states control licensure for medical providers, that too can restrict freedom of movement.
The value of 50 individual laboratories of democracy can be appealing to a scientific mind. But at what point can it be argued in the healthcare space that a federal government needs to step in, if the outcomes in some of those laboratories are decreased lifespans and higher mortality?
How–and why–Kazakhstan gave up its Soviet-era nuclear weapons
Season 1 · Episode 166
Wednesday, April 20, 2022 • Duration 48:15
During its time as a Soviet republic within the USSR, Kazakhstan was the site of massive nuclear tests, both above and below ground. The cost to the environment and health of the Kazakh people and livestock was likewise massive, though the full scale of the effects was under-studied and suppressed for decades. Through massive public protests in the 1980s, nuclear-weapons testing in the Semipalatinsk region of Kazakhstan was brought to a halt.
But when the Soviet Union dissolved and Kazakhstan became a sovereign state, it now had a conundrum: Should the country—which had no military of its own—retain the nuclear weapons and become the world’s fourth largest nuclear power, or relinquish them in return for international commitments?
This is the story that Togzhan Kassenova was born to write. The nuclear policy and nonproliferation expert grew up in the capital city, Almaty, in a family with deep ties to the Semipalatinsk region. Her father, Oumirserik Kassenov, was the head of the country’s first think tank, now known as the Kazakhstan Institute for Strategic Studies, and he was charged with helping the fledgling Kazakh government make nuclear policy decisions in the 1990s. Kassenova—who now lives in a different capital city, Washington, D.C.—was also able to access and interpret archival documents from the United States, Kazakhstan and Russia.
The result is Atomic Steppe: How Kazakhstan Gave Up the Bomb. In this episode of the Modern Law Library, Kassenova and the ABA Journal’s Lee Rawles discuss the challenges of writing about top-secret nuclear test programs; the brave Soviet-era medical professionals who sought to record the sicknesses and birth defects caused by nuclear radiation; and the connections between the communities in Kazakhstan and the United States impacted by nuclear testing. She also sheds light on the real international diplomacy that took place that led to Kazakhstan giving up its nuclear arsenal, which was not a foregone conclusion.
Atomic Steppe was released only nine days before Russia invaded Ukraine. Kassenova also discusses the parallels between Ukrainian and Kazakh experiences, the Russian attitudes towards the former Soviet republics, and what the international community can do about the threat nuclear weapons still pose today.
Special thanks to our sponsor, Posh Virtual Receptionists.
TurnSignl app seeks to provide real-time legal assistance and de-escalation of tension during traffic stops
Season 1 · Episode 81
Wednesday, April 13, 2022 • Duration 19:15
Like many Americans, Jazz Hampton and two of his friends, Andre Creighton and Mychal Frelix, watched in horror as two fellow Minnesotans, Philando Castile and George Floyd, were killed by police officers following what seemed to be routine traffic stops. If only there had been a way to de-escalate those situations while protecting the rights of the person detained, as well as the law enforcement officer involved. So they came up with one.
Special thanks to our sponsors, Alert Communications and Smokeball.
Ex-Tesla attorney leveraged her contract expertise into a book and thriving LinkedIn community
Season 1 · Episode 165
Wednesday, April 6, 2022 • Duration 34:18
In August 2020, contract attorney Laura Frederick accepted a challenge: Post to LinkedIn once a day, every day, for a month. Frederick thought she might be able to keep up a string of several days in a row. Instead, her daily posts became a way to connect with colleagues, build business, create a brand identity, and have a social lifeline during the isolation of the pandemic. A selection of those posts also found their way into her self-published book, Practical Tips on How to Contract: Techniques and Tactics from an Ex-BigLaw and Ex-Tesla Commercial Contracts Lawyer.
Frederick says that she's never been the sort of person who enjoyed the cocktail party circuit way of rainmaking. When she launched her own law practice after years of working in BigLaw and as an in-house attorney for companies including Tesla, she relied for the first year entirely on referrals. But the connections she was able to make through LinkedIn has rapidly expanded opportunities for her legal practice and for her training and skill-development company, How to Contract.
Frederick tells the ABA Journal's Lee Rawles that one of her driving motivations for posting daily tips to LinkedIn has been her desire to pass along knowledge gained over the course of her career to younger attorneys. When she was a beginning attorney in the 1990s, she says she gained tremendously by being able to shadow more experienced attorneys at her firm, learning at the side of longtime contract attorneys. The same opportunities are not available now, particularly when so many young attorneys are launching their own solo or small firm practices.
She hopes that both Practical Tips on How to Contract and her continuing daily posts to LinkedIn–she's now written more than 400–can help fill that gap. She adds that engaging with her commenters has also taught her lessons that improved her own legal work.
In this episode, Frederick talks about the practical steps to building a brand and self-publishing; how she expanded into creating legal cartoons; and what it was like to be an attorney for Tesla.
Special thanks to our sponsor, Posh Virtual Receptionists.
'No Equal Justice' shares George Crockett Jr.'s civil rights legacy
Season 1 · Episode 164
Wednesday, March 30, 2022 • Duration 48:35
Detroit has been the site of many civil rights and labor rights battles, and many notable Black attorneys have called the city home. The first Black president of the ABA, Dennis Archer, came from the Detroit legal community, as does the current ABA president, Reginald Turner. But the full story of one of the city's pioneering legal figures has not been told–until now.
In No Equal Justice: The Legacy of Civil Rights Icon George W. Crockett Jr., co-authors Edward J. Littlejohn and Peter J. Hammer have filled in this blank with an absorbing history of Crockett's Floridian childhood, his law school years at the University of Michigan, his defense of Communist activists at the height of the Red Scare, his harrowing search for the murdered Freedom Riders in 1964, his time as a judge on Detroit's Recorder Court, and his election to the U.S. House of Representatives.
For this episode of the Modern Law Library, Hammer joined the ABA Journal's Lee Rawles to discuss the research that went into the book, some of Crockett's most high-profile cases, how Crockett ended up serving four months in prison for contempt of court, and to explain why Crockett was one of the Detroit police department's most-hated public figures.
Special thanks to our sponsor, Posh Virtual Receptionists.
Want to be a successful litigator? Come to the office, say 2 BigLaw trial lawyers
Season 1 · Episode 180
Monday, March 28, 2022 • Duration 47:12
For young litigators who want to be considered “a lawyer’s lawyer,” careers spent mostly working from home may not get you to where you want to be, according to Robert Giuffra and Evan Chesler, two Wall Street partners who have been trying cases for more than 30 years.
Special thanks to our sponsor, LawPay.
With alternative dispute rising in popularity, this platform aims to help mediators and arbitrators
Season 1 · Episode 80
Wednesday, March 23, 2022 • Duration 32:12
As a young personal injury litigator in Georgia, Gino Brogdon Jr. says he was accustomed to using different technology tools to manage his practice. But when Brogdon began working as a mediator, he realized that there were limited tech options to assist him in the alternative dispute resolution realm.
Special thanks to our sponsors, Alert Communications and Smokeball.
The justice system is the antagonist in retired judge's legal thriller novel
Season 1 · Episode 163
Wednesday, March 16, 2022 • Duration 29:19
Retired judge and bestselling novelist Martin Clark had to deal with his fair share of rejection before he finally broke in more than two decades ago with his debut novel, The Many Aspects of Mobile Home Living. After several false starts, that book got Clark’s career up and running. In this episode, the ABA Journal's Matt Reynolds finds out what made the difference for Clark, and gets tips for other lawyers itching to write their first book.
Special thanks to our sponsor, Posh Virtual Receptionists.
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