ABA Journal: Modern Law Library

Being trapped on an elevator leads to romance for the hero and heroine in The Wedding Date, written by attorney Jasmine Guillory. When a pediatric surgeon impulsively asks the mayor's chief of staff to be his date to his ex-girlfriend's wedding that weekend, sparks fly. But can the two make a long-distance relationship work? In this episode of the Modern Law Library, Guillory tells the ABA Journal's Lee Rawles that writing served as a stress release from her legal work and functioned as her creative outlet. She discusses the challenges of representation for women of color in the romance industry, and the issues she had to consider when writing about an interracial couple falling in love. Guillory also shares how her background in legal aid helped inspire a subplot of the book, as the heroine tries to win funding for a diversionary program for at-risk teens.

As general counsel for the Teamsters Union Local 810, Mark Torres spends his days arguing for workers' rights. But another of his passions is writing; he published his debut crime novel in 2015. So when he was approached by Hard Ball Press to write a bilingual children's book explaining the importance of labor unions in ways that kids could connect with, Torres agreed. In this episode of the Modern Law Library, he shares with the ABA Journal's Lee Rawles what the process of writing the children's book “Good Guy Jake” was like, why he feels it's necessary for kids to learn about the modern labor movement and how the book has been received by kids and Teamsters alike.

To Bryan Garner, editor in chief of Black’s Law Dictionary, Justice Antonin Scalia was a friend, a mentor, a collaborator and a fellow lover of words. In the wake of Scalia’s death on Feb. 13, 2016, Garner reflected back over their relationship, from their first brief introduction in 1988 to the trip they took to Asia together in the last weeks of Scalia’s life. In this episode of the Modern Law Library, Garner speaks with the ABA Journal’s Lee Rawles about what gave him the confidence to ask a sitting Supreme Court justice to co-author two books; the four style issues he and Scalia were never able to agree on; and what it was like to write his first memoir.

You have reason to believe you’re being monitored by the government, that they are following you and cataloging everywhere you go and everyone you talk to. The knowledge haunts you, and has a chilling effect on everything you do. But can you sue to stop it? In this month’s episode, the ABA Journal’s Lee Rawles speaks with Jeffrey Vagle about his new book, Being Watched: Legal Challenges to Government Surveillance about the current challenges to government surveillance, and a seminal Supreme Court case in 1972 whose effects are still being felt today. Vagle tells the story of Arlo Tatum, a Quaker and anti-war activist who went to prison twice as a conscientious objector rather than sign up for the WWII and Korean War drafts. When he discovered in 1970 that U.S. military intelligence had been following and gathering intelligence on him, he sued the Secretary of Defense. What happened next has had lingering ramifications.

In this month’s Modern Law Library, we read a thrilling tale of dueling toymakers, corporate espionage and a group of brats taking on the queen of the DreamHouse. Prof. Orly Lobel, author of “You Don’t Own Me: How Mattel v. MGA Entertainment Exposed Barbie’s Dark Side,” speaks to the ABA Journal’s Lee Rawles about how an intellectual property dispute between the maker of Barbie and the creator of Bratz spun into a legal battle that would last more than a decade.

As a former federal prosecutor in Washington, D.C., Paul Butler once worked to put people in prison. Now, he has come to believe that prisons should be abolished. In this episode of the Modern Law Library, Butler speaks with the ABA Journal's Lee Rawles about the racial inequities built into the system; his advice for young black men interacting with the police; and his view that radical re-imagining, rather than incremental reform, is the only way to fully address the harm done to civil rights by the criminal justice system.

With resource-strapped police departments facing pressure to avert crime and end racially discriminatory police practices, many are turning to data-driven surveillance technology with the thought that it could be both more objective and more effective. But without transparency into what technology police are using and how the data is gathered, can the public have confidence that these tools will be used responsibly or effectively? In this episode of the Modern Law Library, the ABA Journal's Lee Rawles speaks with Andrew Guthrie Ferguson, author of The Rise of Big Data Policing: Surveillance, Race, and the Future of Law Enforcement. Ferguson discusses how these tools became popular, how they can be used and misused, how implicit bias can taint results, and the limits of predictive technology. He also shares suggestions for how citizens can have an impact on how data is used to police their community.

Fifty years ago, the U.S. Supreme Court struck down laws against interracial marriage in Loving v. Virginia. But Richard and Mildred Loving were not the first American couple to love across race boundaries. The history of what we would now consider interracial relationships in America extends back to the first European explorations of the continent. In this episode of the Modern Law Library, the ABA Journal's Lee Rawles speaks with Sheryll Cashin, a professor of law at Georgetown University and author of Loving: Interracial Intimacy in America and the Threat to White Supremacy. Cashin discusses how the concept of race was introduced in America; how the doctrine of white supremacy was used as a method to divide slaves and free blacks from indentured servants; how flimsy the rationale for racial classification was; and the stories of some men and women who ignored those barriers and formed relationships anyway. She also shares her thoughts on how a younger generation's "cultural dexterity" could help battle the forces of racism and white supremacy.

If you mention a terrorist attack in which a Libyan suitcase bomb brought down an airliner, most people will be quick to remember Pan Am Flight 103, which crashed on Dec. 21, 1988 in Lockerbie, Scotland, killing 270 people. But there is another, similar attack that happened nine months later, on Sept. 19, 1989. When UTA Flight 772 was downed over the Ténéré Desert in Niger, 170 people lost their lives, including seven Americans. Though it is far less known, it was family members of Flight 772 victims who successfully brought suit against the Libyan government in the American court system. Stuart Newberger, author of “The Forgotten Flight: Terrorism, Diplomacy and the Pursuit of Justice,” represented the families in their court case against the Libyan government. He speaks with the ABA Journal’s Lee Rawles about the incredible French investigation into the crash, the years he spent representing the families, and how diplomatic decisions complicated the families’ search for justice and recompense.

The rights to free speech and freedom of the press guaranteed in the Bill of Rights. But when it was first passed–and for its first hundred or so years–the First Amendment was not the robust defense we think of today. Legendary civil rights attorney Floyd Abrams joins the ABA Journal’s Lee Rawles to discuss his book “The Soul of the First Amendment” in this episode of the Modern Law Library. Abrams shares how First Amendment jurisprudence changed over time, and what dangers he sees ahead for free speech in the era of fake news and a presidential administration that is hostile to the press.