Courts & Judiciary The Impact of Justice Sandra Day O’Connor: Reflections by Her Law Clerks Hon. Ruth McGregor, Deborah Merritt, Barbara Bennett Woodhouse, Sharon L. Beckman, Rebecca A. Beynon, Hon. Michelle Friedland, and RonNell Andersen Jones Law clerks to the former justice reflect on her work and life.
Diversity & Inclusion The Trials and Tribulations of Women Litigators Roberta D. Liebenberg Women are still underrepresented in lead counsel roles. Why?
Diversity & Inclusion Why Diversity Matters in the Selection and Engagement of Outside Counsel: An In-House Counsel’s Perspective Dev Stahlkopf An in-house counsel explains why she thinks diverse teams are stronger.
Evidence A Fool for a Witness: The Testifying Lawyer Dan Stephenson Whether you’re thinking of testifying or your opponent is going to do so, proceed with caution.
Bias & Discrimination The Nineteenth Amendment and Gender Identity Discrimination Adam P. Romero In many states, transgender people face hurdles to voting and other discrimination to which the amendment could apply.
Litigation & Trials Interview with Roberta Kaplan Eliot Turner The lawyer who argued against the Defense of Marriage Act before the Supreme Court discusses her career and important cases she has worked on.
Lawyer Wellness Best Thinking in Worst-Case Scenarios: Improving Decision-Making under Stress Barbara J. Dawson Our profession is an honorable calling but also one that can take an extraordinary personal toll.
Courts & Judiciary Reflections on 21 Years Behind the Bench: An Interview with Magistrate Judge Sidney I. Schenkier Hon. Sunil R. Harjani Magistrate judges are a critical part in the efficient administration of justice.
Litigation & Trials The Consequences of Documents That Are Incorrectly [Redacted] Andrea L. D’Ambra and Susana Medeiros Mistakes can lead to potentially significant consequences both for lawyers and their clients.
Business & Corporate Internal Investigations and the Specter of State Action Frederick T. Davis While successful and, for attorneys, profitable, internal investigations may be facing a threat.
Litigation & Trials What Have the Muses Got to Do with Legal Writing? George D. Gopen We can be persuaded by prose that with ease and grace leads us forward to value some words or some ideas more than others; we are persuaded because we arrive at our perception of the ideas with such ease, grace, and power.
Copyright Does Genius Steal? Robert E. Shapiro The Copyright Act’s two approaches to creativity collide from a practical standpoint.
Ethics Keep Your Nose Clean Kenneth P. Nolan It's easy to justify immorality in our selfish society, which worships wealth and power.
Model Rules of Professional Conduct Client Fees from Crowdfunding Michael Downey If there is a significant risk the lawyer’s personal interest or obligations to the payers may materially limit the lawyer’s representation of the client, then the lawyer needs to get the client’s consent confirmed in writing.
First Amendment What Does Your Body Say About You? Not Enough, the Ninth Circuit Says Chuck Tobin and Kristel Tupja Even the lack of clothing, in the right circumstances, will move the Court’s First Amendment needle to a finding of “expressive conduct.”
Courts & Judiciary Judge Phyllis Kravitch Anne Emanuel In 1979, Kravitch became the third woman to ever serve on a U.S. court of appeals.
Model Rules of Professional Conduct Handling Confidences Carefully Bruce A. Green At least in theory, lawyers who ignore warnings to a client’s detriment may be disciplined under Rule 1.6(c) for failing to take reasonable precautions.
