ABA Journal: Modern Law Library

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.