ABA Journal Podcasts - Legal Talk Network

Latest Episodes:

ABA Journal: Legal Rebels : Bench trial by video? This lawyer says it went better than expected Aug 19, 2020

Show notes

Chicago lawyer Kathy Ehrhart and her firm represented two of the three defendants in a civil case focused on alleged breach of contract concerning a real estate transaction. Though the video proceedings were not without some technical challenges, Ehrhart says the overall experience was better than she expected. "I think as time went on through the trial, we all felt an increasing ability to recapture some of those things that otherwise are lost," she says.

Special thanks to our sponsor Alert Communications.

ABA Journal: Modern Law Library : Convicted of a crime that never occurred? It happens all too often, law prof says Aug 12, 2020

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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.

ABA Journal: Asked and Answered : 2020 Harvard Law grad postpones bar exam and her wedding plans because of COVID-19 Jul 27, 2020

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This past spring, when few people realized that most July bar exams would ultimately be canceled, Molly Coleman decided to forgo the test, for the time being, despite her lawyer father’s objections. Coleman chats with ABA Journal Senior Writer Stephanie Francis Ward about moving back to St. Paul, Minnesota—her hometown—less than a week before the area erupted in protests following the Minneapolis police killing of George Floyd in late May. She was joined by her fiance—a University of Michigan Law School student—and the couple postponed their September wedding to 2021, given health concerns with large gatherings.

Special thanks to our sponsor, LawPay.

ABA Journal: Modern Law Library : How well-meaning social reforms created 'Prison by Any Other Name' Jul 22, 2020

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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.

ABA Journal: Asked and Answered : What can we expect from the all-virtual 2020 ABA Annual Meeting? Jul 16, 2020

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When COVID-19 closed ABA offices in March, staff sprang into work figuring out how the association could convert its meetings and events to virtual environments. In this bonus episode of Asked and Answered, we're giving you a sneak peek at how the 2020 ABA Annual Meeting came together, some of the exciting guests and speakers who have been lined up, and what exactly it will be like to attend an all-virtual meeting. ABA President Judy Perry Martinez and Marty Balogh of the Meetings and Travel Group spoke with the ABA Journal's Lee Rawles to share behind-the-scenes information about the annual meeting, which is free to all ABA members. Register before July 27, then attend sessions and events at your leisure from July 29-Aug. 4.

ABA Journal: Modern Law Library : How feminism worsened mass incarceration–and how it can stop Jul 15, 2020

Show notes

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.

ABA Journal: Legal Rebels : Legal reform advocates need to more actively engage the public Jul 15, 2020

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Supporters of broad reforms to how the legal profession is regulated must do a better job drawing the public into ongoing conversations in several states about such issues, says Paula Littlewood, the former longtime executive director of the Washington State Bar Association. "We need to break outside what I call the echo chamber of the profession and really start bringing the consumer and the public to the table to understand what changes could really enhance their ability to access legal services," Littlewood tells the ABA Journal's Lyle Moran in this episode of the Legal Rebels Podcast. "If you talk to a family member, you talk to a taxi driver and you explain the concept of a limited license legal technician, I can guarantee you that nine times out of 10 the answer is, 'Well, that totally makes sense.'"

Special thanks to our sponsor Alert Communications.

ABA Journal: Asked and Answered : COVID-19 hasn't stopped this lawyer from advocating for wellness and recovery Jun 29, 2020

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Lawyer and author Brian Cuban chats with ABA Journal Senior Writer Stephanie Francis Ward about how he’s been focusing on what he can control during the COVID-19 pandemic, rather than what he can’t, and what he misses the most. For Cuban, that includes hugs from family and friends, and he’s not sure that they’ll ever be given as freely as they once were.

Special thanks to our sponsor, LawPay.

ABA Journal: Modern Law Library : What does police abolition look like? Jun 24, 2020

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Recent protests over police brutality have raised the volume on calls to defund the police. But while police abolition may be new to some, it's a concept that has been studied and discussed for decades. In his 2017 book, The End of Policing, Alex S. Vitale explains the troubling origins of modern policing, why commonly suggested reforms like training and increased diversity have not been successful, and how slashing social services has placed police officers in situations they are unequipped to deal with. In this episode, Vitale also shares with the ABA Journal's Lee Rawles how he explains the issue to sceptics, and ways that lawyers can help rethink the ways that the criminal justice system re-enforces inequality.

Special thanks to our sponsor, Headnote.

ABA Journal: Legal Rebels : BigLaw firm’s legal tech subsidiary has launched a steady stream of COVID-19 tools Jun 17, 2020

Show notes

When the novel coronavirus began rapidly spreading across the United States earlier this year, Kimball Dean Parker says he felt a strong desire to help consumers and businesses in need. Utah-based SixFifty set out to do what it does best: develop online tools to assist consumers of all types tackle complex legal challenges without breaking the bank.

Special thanks to our sponsor Alert Communications.