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American Bar Association


Living in a Cyber World: Avoiding Pitfalls While Using Social Media in Investigations

By Lily Chinn

Technology is evolving faster than the law can respond.


Four Factors to Consider Before Trademarking a Hashtag

By Christi Schofield

Can you trademark a hashtag?


The Seven Apps Attorneys Absolutely Should Not Live Without

By Patrick Soon and Rebecca Bellow

Smartphone apps have come a long way. Download the best of the bunch for litigators.


Attorney Spotlight: Meeting Connie Montoya

By William Panlilio and Licelle Cobrador

Minority lawyers are practicing in a "fortuitous" time.


The 2015 Amendments to the Federal Rules of Civil Procedure

By Karen A. Henry and Diana Palacios

Significant changes to the FRCP are changing the way civil litigants operate in federal court.


Pleading Patent Infringement after Elimination of Form 18

By Peter H. Kang and Sue Wang

The abrogation of Federal Rule of Civil Procedure 84 and its form pleadings may have an impact on patent litigation.


Deposition Tips for Young Lawyers

By Jim Shelson and R. Gregg Mayer

Get organized, and keep it simple.


The Art of the Blind Cross-Examination: 8 Tips for When You Don't Know the Answers

By Sanket J. Bulsara and Adam Hornstine

What is an attorney to do when he or she confronts a witness who has not yet been deposed?


Overworked and Underfunded: A Fair Trial Issue for Indigent Defendants

By Lori Mullins

To uphold the Sixth Amendment's right to a fair trial, public defenders need more resources.


Adapting the Collections Process to Accommodate Nontraditional Data Sources

By Steve Ramey and Katie Askey

Computer forensic investigation of mobile devices and social media requires unique considerations for each source.


Surety's Defense Against "Pay-If-Paid" Construction Clauses

By Michael Jay Rune II and Dana Chaaban

Despite a lack of privity with contractors during negotiations, courts may not enforce pay-if-paid clauses against sureties.


Tips on Effective Editing

By Ashley Burkett

Editing can be the difference between a brief that gets read and one that gets skimmed.


Sure I Can or Sure I Can't?

By Michael Jay Rune II and Dana Chaaban

A surety's defense in the unsettled legal world of "pay-if-paid" construction contractual provision.


Beyond Document Review: The Discoverability of Nontraditional Sources

By Katie Askey and Colleen M. Yushchak

Although the electronic discovery reference model is a good starting point for addressing structured data, a customized solution may be necessary.


For Now, Drones Will Fly the Uncertain Skies

By Joseph M. Hanna

The FAA has proposed federal drone regulations, but for now it is up to the states to police drone operations.


Public-Private Partnerships

By John W. Ferrara

PPPs used to finance and operate public services are complex but have great potential if properly understood.

How to Take a Deposition

By Dan Goldman and Mor Wetzler

For lawyers learning how to take depositions, there are a few guiding principles to keep in mind and a number of traps to avoid.


Radical Cross-Examinations

By Nilay U. Vora

Consider strategically foregoing a deposition and cross-examining a witness "cold" at trial.

Persuasive Techniques for the Defense of Employment Cases

By Portia R. Moore

Develop your story of the case at the onset of litigation, and use it as your theme at trial.


Procedural Due Process Rights in Cases of Prosecutorial Misconduct

By Michelle D. Golden

The legal system can preserve procedural due process rights by remedying prosecutorial misconduct.

Preparing for Your First Trial

By David Dobin

Two comprehensive checklists to make the experience less daunting.


Ray Rice, Roger Goodell, and an Explosive Legal Showdown

By Joseph M. Hanna

Rice challenges NFL's indefinite suspension, arguing the "one penalty" rule.

NBA Leads in Gender Equity

By Joseph M. Hanna

Women are stepping into the world of America's professional men's sports.


Fair Hiring Initiatives to Curb Disparate Impact Discrimination

By Nikki Odom

EEOC issues guidelines encouraging employers to discard bright-line rules in favor of a job-related targeted criminal background screen that is consistent with business necessity.

Three's a Crowd: The Impact of Third-Party Observers on Neuropsychological Exams

By Matthew R. Shindell, Robert J. McCaffrey, and Graham M. Silk-Eglit

Research shows that third-party observation can affect performance on an array of tests.

Birth of a Generation of Protections for Pregnant Employees

By Aisha Broderick

EEOC guidelines protect working mothers and mothers-to-be on pregnancy-related discrimination, recognizing they have both a right to reproduce and a right to work.

A Dreaded Situation: Title VII and Grooming Policies

By Pamela E. Palmer

Employers might find themselves in a hairy situation if their grooming policies extend beyond mutable characteristics, such as hairstyle, to immutable characteristics, such as race.

Eleventh Circuit Flip-Flops in Consorcio Ecuatoriano

By Leigh-Ann A. Buchanan

Court now recognizes private foreign arbitration proceedings as qualified for section 1782 discovery assistance from U.S. courts.

Review by U.S. Courts of Investment Treaty Awards

By William B. Panlilio

Lessons learned and potential impact of BG Group PLC v. Republic of Argentina.

Fraudulent Practices and Foreign Judgments: Don't Try This at Home

By Guy Kamealoha Noa

Will the fraud ruling in Chevron Corp. v. Donziger impact the success of enforcing foreign judgments in the U.S.?

Closing Arguments—Not Just a "Free-for-All," Part Two

By Christopher G. Floreale

This time, it's personal.

Closing Arguments: Not Just a "Free-for-All," Part One

By Christopher G. Floreale

What crosses the line? Breaking down the boundaries established by courts.

Cross-Examining Snitches

By Carlos F. Gonzalez

Some rules for the road.

Preparing for Your First Trial

By David Dobin

Two comprehensive checklists to make the experience less daunting.

Influence Your Verdict by Changing Jurors' Perceptions of Expert Witnesses, Part One

By Joseph M. Hanna

A critical factor that significantly influences how jurors analyze a case is their long-standing predispositions.

The End of an Era: Analysis of the Shelby County v. Holder Decision

By Marc R. Shapiro

Seemingly emboldened by the Supreme Court's ruling, several states have acted quickly to tighten their voting rules.

The Aftermath of the Downfall of Section 5 of the Voting Rights Act

By Jorge R. Delgado

A look at the impact of the Court's decision to strike down the coverage formula of Section 5.

Understanding the Ramifications of the Nassar Ruling

By Quinton M. Herbert

The heightened causation burden may stifle valid retaliation claims.

Separate But Unequal

By Audwin F. Levasseur

Garden State Equality v. Dow and the effect of United States v. Windsor.

Selection Bias: The Great Asian American Divide on Affirmative Action in Fisher

By Stella M. Tsai

When it comes to school admission policies, is there such a thing as "too many Asians"?

The In-House Client: An Interview with Don H. Liu of Xerox

By Patricia Astorga

"You have to attack the elephant in the room."

The In-House Client: An Interview with Jennifer E. Constantinou of Wyndham

By Joseph M. Hanna

"Not only does this keep us at the leading edge in business, but diversity leads to more discussion and better decision making."

The Religiously Preoccupied Client

By Melissa C. Lee

A look at legal disparity in psychiatric civil commitment cases.

The Right to Effective Assistance of Counsel in Immigration Proceedings

By Thomas K. Ragland

The attorney general has affirmed the right to competent counsel in removal proceedings and restored the process for seeking reopening.

Gideon at 50: One Step Forward, Two Steps Back?

By Amanda Fischer and Carissa Byrne Hessick

Lack of guidance, funding, and enforcement of standards by the courts have left the full promise of Gideon unfulfilled.

The "Outrageous" Advocate: Sanford Rubenstein

By Leigh-Ann A. Buchanan

The lauded civil rights attorney shares lessons gleaned from 40 years of championing victims' rights.

If DOMA Falls, Immigration Will Rise

By Rio Guerrero

A host of benefits available to those seeking to immigrate to the United States hinge on the legal definitions of "marriage" and "spouse."

Book Review: Justice Sonia Sotomayor's My Beloved World

By Kim N. Nguyen

A glimpse into a world that many of us will be able to relate to.

Affirmative Action under Siege

By Joseph M. Hanna

Whatever the outcome, the Supreme Court's decision on the Fisher case will change the composition of the nation's law schools.

Climate for Change: Overhauling a Broken Immigration System

By Rio M. Guerrero

Is comprehensive reform finally on the horizon?

Giving It the "Old College Try"

By Joseph M. Hanna and Saleel V. Sabnis

Will Pennsylvania win one for Penn State football in its lawsuit against the NCAA?

The Slippery Slope of Regulating Social Media

By Leigh-Ann A. Buchanan

Employers should be wary of enforcing policies that unduly restrict employees' rights.

Title IX and the Drive for Gender Equality in Sports

By Molly M. Ryan

Since the landmark legislation passed 40 years ago, we as a society and a legal system have come a long way.

The Race and Gender Challenges of a Small-Firm and Solo Practitioner

By Christina L. Dixon

At times, hard work is not enough to overcome the pressures one feels as a minority attorney.

Got the Interview? Now Get Your First Law Job

By Dorcas Adekunle

The job market is rough for both soon-to-be and newly admitted attorneys.

Tips from Women Who Have Navigated the Transition to In-House

By Anna D. Torres

Making the move from a law-firm environment to an in-house corporate department may require unique adjustments.

Women in the Legal Profession in the Middle East

By Khadija S. Ali

The challenges faced by women lawyers in the Middle East are not that different from elsewhere.

Was Dharun Ravi a Hater?

By Kenneth E. Sharperson

This is a cautionary tale to all students that cyber-bullying and harassment may subject them to criminal charges.

Supreme Court Issues Decision in Arizona Immigration Case

By Karen Munoz

Controversy surrounds the Supreme Court's decision to strike down much of the Arizona immigration law while upholding the "show me your papers" provision.

Voter ID Laws and the 2012 Election

By Brian L. Josias

There is a strong likelihood that new voter registration and ID laws will have a dramatic impact on the 2012 presidential election.

Paving the Way to Fair Jury Trials: Using Batson Challenges

By Shana Pollack

Parties may not use peremptory challenges to exclude jurors from the venire pool in criminal or civil cases based on racial or gender prejudice.

Are You Ready for Your First Civil Jury Trial?

By Anika Campbell and James Sparkman

Here is a quick guide to assist you with streamlining your case and hopefully eradicating some pretrial anxiety to get you prepared for your first jury trial.

Top Tips for Presenting an Insurer's Case to a Jury

By Anna D. Torres

Jurors may come into the courtroom already rooting for the "underdog" insured to prevail over the big, powerful insurance company. Follow these tips to combat this bias.

Eradicating Discrimination in Private Country Clubs

By Joseph M. Hanna and Melanie J. Beardsley

Despite actions taken by the top professional golf leagues to end discriminatory practices in the sport, private country clubs and golf courses have not followed suit.

Being a Partner: Not All Glitz and Glamour

By Deidrie Buchanan

A sense of accountability, ownership, and responsibility, along with a focus on growing the business, is what being a partner is all about.

Lessons from a Bean Counter

By Ed Romero

Attorneys who oversee the litigation budget ensure that the ship of justice does not run aground before a client gets its day in court.

Is Diversity under Siege?

By John Thurmond

Some data suggests that the day-to-day pressures of running a law firm in the recession make it implausible or impossible to maintain diversity initiatives over time.

Are You Partner Material?

By Anna D. Torres

You are partner material if you are willing to evaluate your strengths and weaknesses and are willing to do whatever it takes to make your firm succeed.

The Murky Legal Waters of Workplace Appearance Codes, Part Two

By Rita B. Trivedi

Existing Title VII doctrine does not allow for a nuanced analysis of transgender employees who face discrimination or limitations based on their appearance.

The Murky Legal Waters of Workplace Appearance Codes, Part One

By Rita B. Trivedi

Part one of this article centers on an employer's ability to regulate an employee's appearance in the workplace in light of his or her beliefs.

Increase, Decrease, or Revolutionize: Proposals to Reform Federal Taxation

By Peter Wesley Nye

Influential policymakers and presidential hopefuls from many parts of the political spectrum are proposing tax reform to reduce the deficit.

Influence Your Verdict by Changing Jurors' Perceptions of Expert Witnesses, Part Two

By Joseph M. Hanna

One of the primary methods of impeaching an expert witness is to cast doubt on his or her qualifications.

Deposition and Witness Preparation Tips Learned from The Office

By Kenneth Sharperson

The Office highlights important lessons about what not to do while preparing for or taking a deposition.

Emerging Second Amendment Jurisprudence

By Bobbie K. Ross

The practice area of firearms law has become much more intriguing to lawyers at all levels of experience.

Influence Your Verdict by Changing Jurors' Perceptions of Expert Witnesses, Part One

By Joseph M. Hanna

A critical factor that most significantly influences how jurors analyze a case is their long-standing predispositions.

The Fundamentals of Mediation Practice: A Brief Refresher

By Sarah X. Fang

Achieving a successful result in mediation requires that an attorney consider the distinctions between the traditional legal process and alternative dispute resolution.

Ronald Dworkin's Insightful, but Flawed, Unified Theory of Justice

By Peter Wesley Nye

Justice for Hedgehogs is a presentation of Ronald Dworkin's integrated ethical and moral theory of basic rights, morality, and political issues.

Why Trial Lawyers Should Love Arbitration

By John Arrastia Jr.

Arbitration provides trial lawyers with the best opportunity to experience trying cases to a decision.

An Approach to a Meritless Lawsuit in Louisiana

By Troy Nathan Bell

The author recommends asking the court to award court costs up front before filing any pleadings in the action.

English-Only Policies: Advising Employers and Navigating Multilingual Waters

By Rita B. Trivedi

The Equal Employment Opportunity Commission has recently made the investigation of language-based discrimination a priority of the agency’s agenda.

A Comparative Look at Discrimination in the Olympic Games

By Ayanna London

An examination of three Olympic host cities reveals how Olympic and government officials either succeeded or neglected to maximize the benefits of the event to include minorities.

The NFL's Diversity Report Card

By Joseph M. Hanna and S. Philip Unwin

The NFL's recent grade from the Institute for Diversity and Ethics in Sport is the highest grade ever received for its hiring practices.

Societal Prejudices Against Muslim Americans: The Need for Legal Advocacy

By Navid Zarrinnal

The American legal system has the power to slowly change societal attitudes and redress the wrongs of discrimination.

Attending an ABA Event as a First-Timer

By Jonathan Adler

Attending a networking event can be daunting if you don't know anyone.

Taking Depositions Through an Interpreter

By Joseph M. Hanna and Daniel B. Moar

An attorney should ensure that the interpreter, witnesses, and opposing counsel understand the interpreter's role in a deposition.

Labor Disputes May Lead to Union Decertification in the NBA and NFL

By Brian Josias

The interplay between antitrust and labor laws may lead to the decertification of the NBA Player's Association and NFL Player's Association.

HIV, AIDS, and Barring Discovery

By Jessie Zaylía

The McNight case represents a case of legislative privacy protection versus the right to discover.

Life as a Young Lawyer in Canada

By Christina Khoury

Being a young lawyer in Canada affords one the opportunity to learn through international legal issues.

Taking Foreign Witness Depositions

By Joseph M. Hanna and Daniel B. Moar

An attorney can take steps to ensure as accurate an interpretation of a non-English speaking witness as possible.

Culturally Sensitive Dressing: A Tool for Success in Any Setting

By Olga M. Pina

Your appearance is an integral part of the tools you bring to any important transaction, whether it is a business negotiation, an appearance in court, or the mediation or resolution of any legal dispute.

Notes on the Practice of Law in Puerto Rico

By Manuel San Juan

Puerto Rico is a part of the United States and operates within the U.S. legal framework, but is more akin to a foreign country in its history, language, and culture.

Book Review: Charles Ogletree Reflects on Race Relations

By Taneka Campbell-Larmond

Ogletree discusses how racial injustice is an embedded problem in the criminal justice system that continues today.

Decisive Moves Still Necessary to Promote Minority Partners

By Joseph M. Hanna and Soo-Young Chang

Minority representation in partnership roles has improved but there are still advances to be made.

The End of Expert Practice as Usual: Proposed Changes to Rule 26

By Calvin Cheng

The Judicial Conference recently approved the proposed amendments to Federal Rule of Civil Procedure 26 concerning expert witnesses.

Competing as a Minority-Owned Law Firm in the Global Marketplace

By Jorge Mestre and Ana Munoz

The art of thriving as a minority-owned law firm in a world overpopulated by name-brand rivals relates more than ever to the art of war.

Curb Your Enthusiasm: The Ethical Bounds of Zealous Advocacy

By Jennifer B. Bechet

Some lawyers have tried to play the “zealous advocacy” card to escape the consequences of their misbehavior.


Social Justice Lawyering: The Rule and the Limits of Law

By Charles Ogletree Jr.

The genius of Dr. Martin Luther King, Thurgood Marshall, and others helped shape and propel the civil rights movement of the 1960s.