October 2019 Washington Letter

Mandatory Life for Juvenile Offenders

The United States Supreme Court has held that mandatory sentences of life without parole (LWOP) for juvenile offenders are unconstitutional. However, are these sentences prohibited because they are too severe for juveniles or because they are mandatory and don’t consider the immaturity or corruptible behavior of the offender? The Supreme Court is now considering this question in Mathena v. Malvo.

Trademarks

Enforcing Copyright Claims

In this era of political gridlock, one area of bi-partisan agreement is on the need for small creators to have an avenue to pursue their low value claims of copyright infringement. Both chambers of Congress will soon be voting on the Copyright Alternative in Small-Claims Enforcement Act of 2019 (the “CASE Act”) which would create an alternative forum inside the U.S. Copyright Office to pursue these low value claims.

ABA Fights to Protect Courts’ Authority Over Litigation Attorneys

In the latest threat to the courts’ inherent authority to regulate and oversee the litigation activities of all attorneys appearing before them, the Consumer Financial Protection Bureau is seeking to codify the controversial “meaningful attorney involvement” concept that would impose special due diligence requirements just on creditor litigation attorneys.

Rule Of Law

Advocacy Beyond Borders

The ABA advocates beyond our nation’s borders. Our efforts to improve laws and regulations aimed at opening jurisdictions to U.S. law firms, strengthening the rule of law, and improving the quality of laws through education, law reform, and advocacy work often escape notice, but they are important components of the ABA’s voice globally. Here is but a sampling of those efforts.

Climate Change Takes Center Stage

As drastic weather and natural disasters continue to dominate today’s headlines, reducing greenhouse gas emissions and preparing for the impacts of climate change must take on an even greater urgency than before, according to a policy adopted by the ABA in August.

Immigration

ABA president to reporters: Immigration system is in crisis

ABA President Judy Perry Martinez made the case for an independent immigration court system – free from the control of the Justice Department – to reporters at the National Press Club in Washington, D.C., on Sept. 27.