ABA Journal Magazine Stories

Russia Claws at the Rule of Law

Wed, 01 Jul 2009 23:40:19 -0500

The courtroom gallery brimmed with lawyers during the trial in January of four men accused of murdering Anna Politkovskaya, a reporter for the Russian newspaper Novaya Gazeta who was gunned down in 2006 at the elevator of her Moscow apartment.

Justice in the Rough

Wed, 01 Jul 2009 23:30:38 -0500

In the early morning hours of May 17, 2008, Willy Moya had just closed the V-Bar, one of several popular nightspots he owned in the Pronaf section of Ciudad Juarez, when a couple of friends wandered in and told him they were hungry. Moya decided he could use a bite, so he offered to send one of his bodyguards out for pizza.

The ‘Roach Motel’

Wed, 01 Jul 2009 23:19:21 -0500

The government’s evidence linking reputed mob figures Vincent “the Animal” Ferrara and Pasquale “Patsy” Barone to a 1985 murder was pretty thin—an accomplice who escaped prosecution in exchange for testimony against the pair.

Wrangling Genes

Wed, 01 Jul 2009 23:10:44 -0500

Note: Register for this month's CLE, "The Patent Law Cure," from 1-2 p.m. ET on Wednesday, July 15.

The Journal’s Sea Change

Wed, 01 Jul 2009 23:00:13 -0500

I write to compliment you on your excellent article on the Alaska fishing industry and its accident record, “The Cemetery Sea,” May. The extensive research writer Lynda Edwards did made your article informative, interesting and readable. Your article far exceeded the usual ABA Journal articles, which lack depth and background research, and end up having little that is informative, interesting or worth the time to read. Please pass on to the editors these comments from a 40-year member of the ABA. Roger V. Stageberg Minneapolis

Take Advantage of Association Offerings

Wed, 01 Jul 2009 22:50:13 -0500

The American Bar Association is always committed to helping you enhance your employment and business prospects, career development, and other professional and lifestyle needs. This is truer today more than ever.

First Amendment Footloose

Wed, 01 Jul 2009 22:40:13 -0500

There are many ways to celebrate Thomas Jefferson’s April 13 birthday: a visit to the nation’s capital; a reading of the Declaration of Independence; cupcakes, perhaps.

Chicken Not-So-Little

Wed, 01 Jul 2009 22:30:41 -0500

If, five years ago, you asked members of local government in a major city what was likely to be one of the hot-button issues of today, it is unlikely that chickens would have made anyone’s top-10 list. But since that time, the “locavore” movement has taken off and, with it, hatched a surprising new legal problem for local governments nationwide: urban chickens.

By The Numbers

Wed, 01 Jul 2009 22:20:26 -0500

As the economic downturn continues to plague law firms, many are resorting to attorney layoffs as a way to cut costs. But the Project for Attorney Retention, part of the University of California’s Hastings College of the Law in San Francisco, says not so fast.

Bad Seed

Wed, 01 Jul 2009 22:10:13 -0500

Perhaps it will be some consolation for Brittany Donovan that the semen used to create her came from a sperm bank in New York. Brittany, a mentally disabled 13-year-old Pennsylvania girl, was thrust into the limelight earlier this year after her mother sued the sperm bank for selling her what she maintains was defective product.

Repeat After Me

Wed, 01 Jul 2009 22:00:13 -0500

Stress, says Paulina Bandy, figures prominently in bar exam failures. She should know. Bandy passed the California bar exam in 2007—on her 14th try.

Stats ‘n’ Studies

Wed, 01 Jul 2009 21:50:13 -0500

I Shoulda Been a Doctor Practicing lawyers aren’t the only ones feeling the recession’s pinch. The economy also is affecting law school recruiting, according to NALP. Based on fall 2008 recruiting at the nation’s law schools, the market for entry-level legal employment has tightened drastically. Across employers of all sizes, the median number of offers extended by member law firms dropped to 10 in the fall of 2008 from 15 in 2007. At firms with more than 700 lawyers, the median number of offers dropped from 30 to 18.5, and the percentage of callback interviews resulting in job offers dropped to 46 percent from 60 percent. Acceptance rates, by contrast, jumped to 32.5 percent—the highest since 2002. Source: Perspectives on Fall 2008 Law Student Recruiting, NALP.

Makin’ ‘em Walk the Plank

Wed, 01 Jul 2009 21:40:13 -0500

It’s been a long time since a pirate faced his reckoning on the island of Manhattan. Abduwali Abdiqadir Muse certainly hadn’t anticipated the possibility. The youthful Somali has “virtually no understanding of the U.S. system of justice,” starting with the role of the lawyers appointed to represent him, says one of those lawyers, Philip Weinstein of the New York City public defender’s office.

No More Pencils, No More Facebooks

Wed, 01 Jul 2009 21:30:13 -0500

When he was a high school senior, Justin Layshock created a fake profile of Eric Trosch, his school’s principal, on MySpace.

Narrowing the Courthouse Door

Wed, 01 Jul 2009 21:19:13 -0500

It’s been nearly six months since former President George W. Bush went home to Texas, but he left behind in Washington a fierce debate over whether Bush administration officials could be held legally accountable for a series of questionable war-on-terrorism policies.

The Arsenal of Persuasion

Wed, 01 Jul 2009 21:10:28 -0500

Last night’s bar association program with Angus and Judge Standwell was on final argument, and the room was packed. I didn’t even see that Professor Warbler was there, with several copies of his book, Killer Kross, until the judge asked me to open a few of the windows in the back of the room to let in more air.

Playing with Fire

Wed, 01 Jul 2009 21:00:13 -0500

As the recession puts a dent in legal work along with just about every other segment of the economy, many attorneys are being tempted by a business opportunity that shows no signs of slacking off: working with foreclosure consultants.

Meet the Neighbors

Wed, 01 Jul 2009 20:50:13 -0500

Los Angeles, California, population 3.8 million. Unemployment is topping 10 percent, and the city is looking at a record-breaking $400 million budget.

Not Just for Apartments and Used Guitars

Wed, 01 Jul 2009 20:40:13 -0500

It’s free, easy to find and use, and provides access to a wide audience. And while there are downsides to Craigslist, solo and small-firm practitioners say the website can be a useful practice-building tool as long as you know what to expect.

Countdown to Savings

Wed, 01 Jul 2009 20:30:13 -0500

While the term audit often draws the same reaction as root canal, a technology audit can do much for lawyers. Especially in tough times, even a simple technology audit can pay big dividends.

Letting It All Hang Out

Wed, 01 Jul 2009 20:20:13 -0500

Economic meltdown, thousands of lost lawyer jobs, big-firm careers teetering on the brink: What could be worse for an attorney trying to build a successful and balanced life? Or, really, what could be better?

Out of a Job, But Not Off the Hook

Wed, 01 Jul 2009 20:10:13 -0500

News reports that have Thacher Proffitt & Wood adding insult to injury for its jobless young associates are untrue (sort of), the dissolving firm avers.

Serving Gays on the Net

Wed, 01 Jul 2009 20:00:13 -0500

It was the 2004 election, and Lindalisa Severo was distressed. The Atlanta lawyer and gay rights activist was disturbed by the number of anti-gay-marriage amendments on state ballots (including in her own state of Georgia) and thought other gays and lesbians were being systematically denied legal rights available to the general population.

Doing “Work Necessary To Win”

Wed, 01 Jul 2009 19:50:13 -0500

The red light on Camilla Taylor’s office phone is blinking; she has a voice mail.

Aid in disasters

Wed, 01 Jul 2009 19:40:13 -0500

The ABA is teaming up with the Legal Services Corp., the national Legal Aid & Defender Association, and Pro Bono Net on a website to help disaster victims locate legal assistance. National Disaster Legal Aid, at disasterlegalaid.org, is a central resource for legal aid and pro bono lawyers across the country on legal issues related to all types of disasters. The site also helps recruit and mobilize pro bono lawyers in the aftermath of a disaster, and provides information on legal issues related to disasters affecting low- and moderate-income individuals.

Standing Together

Wed, 01 Jul 2009 19:30:13 -0500

The scramble by state governments to make ends meet under the financial squeeze of the recession is causing the fissures that sometimes come between the three branches—executive, legislative and judicial—to open a little wider and to be a little more jagged than they are during less stressful times.

Warming Trend

Wed, 01 Jul 2009 19:20:03 -0500

Momentum is building on Capitol Hill for legislation that would strengthen the Legal Services Corp.’s support for delivery of legal services to poor people throughout the United States.

ABA Announcements

Wed, 01 Jul 2009 19:10:13 -0500

Passport to Court

Wed, 01 Jul 2009 19:00:13 -0500

Apparently the sky’s the limit when it comes to airlines charging fees—$15 to check a bag, $20 to choose an aisle seat, and don’t forget the infamous obesity tax.

July 11, 1921

Wed, 01 Jul 2009 18:50:13 -0500

Of America’s 26 lawyer-presidents, William Howard Taft is the only chief executive to serve as chief justice of the United States. Warren G. Harding nominated him nearly a decade after Taft’s unsuccessful bid for a second presidential term. The Senate confirmed him the very same day.

Advertisers in This Issue

Wed, 01 Jul 2009 01:08:26 -0500

In-House Is No Haven

Mon, 01 Jun 2009 23:40:26 -0500

Logic suggests that when the economy tanks, opportunities for in-house lawyers ought to improve. After all, legal disputes rise when the Dow takes a dive, and who better to tackle this growing workload than cost-efficient staff attorneys? Yet the nation’s in-house bar—however vital its role in hard times—is shrinking at a rate that tracks the widening job losses across corporate America.

Virtually Practicing

Mon, 01 Jun 2009 23:30:24 -0500

Legal work for large transactions requires a team approach, says San Francisco lawyer Andrea Chavez, but thanks to technology the team doesn’t always have to be in the same building. Her firm, Virtual Law Partners, has no physical office, and everyone works remotely. Owning up to no-office status is taken to the extreme. Described as a “Web-based law firm,” its homepage plainly states that all lawyers and staff “work mostly from home."

A Reluctant Rebellion

Mon, 01 Jun 2009 23:19:59 -0500

Jon Hanson committed a despicable crime for which everyone, including the defendant, agreed he needed to be punished.

More Tips on Top Sites

Mon, 01 Jun 2009 23:10:14 -0500

“Law Firm Websites That Work,” April, was of particular interest to me, as law is a career change and I have worked in the fields of advertising, marketing and public relations. Before becoming an attorney in 1999, I did dabble in lawyer advertising as far back as the mid-80s and did work on websites for lawyers in the ’90s. I now maintain and market my own website.

Allowing Our Differences to Unite Us

Mon, 01 Jun 2009 23:00:24 -0500

Every lawyer, every person contributes to a diverse profession and society by offering unique perspectives and life experiences.

Social Studies

Mon, 01 Jun 2009 22:50:24 -0500

In February, social networking behemoth Facebook announced changes to its terms of service. The highly publicized dustup that followed was much like most others: one part misinterpretation, one part overreaction and one part grain of truth.

Where’d the Dough Go?

Mon, 01 Jun 2009 22:40:24 -0500

With Ponzi-scheme charges in the news lately, you might wonder about some of the more unusual places fraudulent gains have been found.

Meet the Neighbors

Mon, 01 Jun 2009 22:30:24 -0500

The law firm of Feldstein Grinberg Stein & Mckee sits between two downtown Pittsburgh college campuses, but few students—or professors— realized it, says partner Alison T. Smith, because the seven-story building had no signage.

Lessig’s Lesson

Mon, 01 Jun 2009 22:20:24 -0500

Some tasks get easier when everybody pitches in. Apparently, revising a book just isn’t one of them.

Code v1 vs. Code v2

Mon, 01 Jun 2009 22:10:24 -0500

See "Lessig's Lesson."

A Prescription for Silence

Mon, 01 Jun 2009 22:00:24 -0500

Once consumer websites began rating everything from restaurants to dog groomers, it was only a matter of time before doctors found their care and bedside manner critiqued online.

Last of the Old Guard

Mon, 01 Jun 2009 21:50:03 -0500

Washington watchers were stunned this spring by the fast sequence of Pennsylvania Sen. Arlen Specter’s switch from the Republican Party and Justice David H. Souter’s decision to leave the U.S. Supreme Court.

The Future in Black and White

Mon, 01 Jun 2009 21:40:24 -0500

For much of this term, the U.S. Supreme Court spent its time tweaking the law in relatively narrow cases. But in late April, the justices took up several disputes with broader stakes. None looks to be more important than the pair of cases on race and civil rights. Both are legacies of the 1960s and the national commitment to end racial discrimination.

The EEOC’s Brave New World

Mon, 01 Jun 2009 21:30:57 -0500

Sci-fi movies and novels have featured people who were targeted because of their genetic makeup, but the issue also is a growing concern in the real world and a new area of enforcement for the Equal Employment Opportunity Commission.

Conflict Management

Mon, 01 Jun 2009 21:20:10 -0500

Mary Archuleta walked into the First Federal Soup and Sandwich Shop, looking annoyed.

Pay Cut for Public Service

Mon, 01 Jun 2009 21:10:24 -0500

It’s not often that a lawyer asks for a $100,000 pay cut. but that’s what three idealistic young lawyers at Simpson Thacher & Bartlett chose to do. Starting this summer, first-year associates David Edwards, Serena Orloff and Jonathan Taylor will forfeit their $160,000 annual salaries to spend a year working for not-for-profit organizations on a $60,000 stipend provided by the firm.

Pensions Howling at The Door

Mon, 01 Jun 2009 21:00:47 -0500

Unfunded pension liabilities like the one that helped bring down the century-old law firm of WolfBlock are an issue consultant Robert Denney has been screaming about for a very long time.

Where There’s a Will

Mon, 01 Jun 2009 20:49:24 -0500

A recessionary economy and changes in tax law can create unexpected estate tax results. Just as lawyers advise clients to review estate plans that may have spent years in a desk drawer, they should be doing the same to their own financial plans to determine whether adjustments need to be made.

How Low Will Pay Go?

Mon, 01 Jun 2009 20:40:19 -0500

David Hooker says his firm didn’t cut associate salaries by $17,500 for the remainder of 2009 from a position of weakness. “We don’t believe we’re vulnerable or at risk,” says the Cleveland-based managing partner of Thompson Hine. “We did it to position ourselves for this economy and to be a long-term survivor.”

Taking a Break

Mon, 01 Jun 2009 20:30:07 -0500

Christopher Manning, a partner in a small Washington, D.C., firm, knows the importance of being accessible to his clients. But he also likes his vacations.

Pressure Points

Mon, 01 Jun 2009 20:19:24 -0500

The U.S. legal profession has been through financial downturns before. In the past, law firms generally would get through the turbulence pretty well and often even take advantage by nimbly moving into new practice areas.

How I Spent My ABA Day in Washington

Mon, 01 Jun 2009 20:10:24 -0500

When I was a law student a dozen years ago, I had an experience that would forever change my life. For a whole semester as an intern in the office of John McCain, one of the senators representing my home state of Arizona, I freely roamed the halls of the U.S. Capitol, taking in its history at every turn of the marble pathways.

ABA Announcements

Mon, 01 Jun 2009 20:00:24 -0500

(Too) Easy For You To Say

Mon, 01 Jun 2009 19:50:24 -0500

Freedom of speech might be one of our most cherished rights, but spouting off online can sure get a person in some deep doo-doo.

June 1, 1942

Mon, 01 Jun 2009 19:40:54 -0500

In Justice Oliver Wendell Holmes’ most inglorious written opinion, the U.S. Supreme Court in 1927 upheld a Virginia law that authorized the involuntary sterilization of those in state custody deemed “hereditary imbeciles.”

Advertisers in This Issue

Mon, 01 Jun 2009 00:01:24 -0500

In The Cross-Heirs

Fri, 01 May 2009 23:40:49 -0500

Standing on a bare stretch of beach in early February, Billy Freeman is not alone. His memories, his family, his ghosts are here with him in North Carolina, at the edge of the ocean.

The Born Prophecy

Fri, 01 May 2009 23:30:23 -0500

Shortly after she was named to head the Commodity Futures Trading Commission in 1996, Brooksley E. Born was invited to lunch by Federal Reserve Chairman Alan Greenspan.

Salvage Plan

Fri, 01 May 2009 23:19:00 -0500

Note: Register for this month's CLE, "A New Landscape in Real Estate Law," from 1-2 p.m. ET on Wednesday, May 20.