ABA Journal

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NY appeals court overturns Harvey Weinstein's rape conviction

Hollywood producer Harvey Weinstein’s 2020 rape conviction was overturned Thursday by the New York Court of Appeals, a shocking reversal of a landmark case that helped launch the #MeToo movement.



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Supreme Court likely to side with Starbucks, curtail labor board authority

The Supreme Court appeared prepared to side with Starbucks in its request to curtail the National Labor Relations Board’s authority in determining whether fired union activists should get their jobs back in a case that was argued before the court Tuesday.



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Stand-up Student: One attorney's journey from the classroom to the comedy club

Liz Glazer loves to joke that she took the traditional route to becoming a comedian. After nine years, teaching more than 25 classes and publishing about a dozen scholarly publications, Glazer finally hit the road to perform at comedy clubs, open mic nights and at law schools.



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FTC bans contracts that keep workers from jumping to rival employers

The Federal Trade Commission on Tuesday banned noncompete agreements for most U.S. workers, a move that will affect an estimated 30 million employees bound by contracts that restrict workers from switching employers within their industry.



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Bail Project doesn't have duty to control behavior of people after it posts bond, appeals court says

A group that bailed out criminal defendants isn’t liable for posting bond for a man who was later accused of crashing a stolen car into a vehicle driven by a teenage girl, causing her death, the Kentucky Court of Appeals has ruled.



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Motion for sanctions against David Boies 'is itself deserving of sanctions,' law firm says



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The fate of emergency abortion care rests with Supreme Court

Shanae Smith-Cunningham arrived at Memorial Regional Hospital on Dec. 21, 2022 - five days after her water broke, only halfway through her pregnancy. Despite her pleas for treatment and the risks to her health, staff at the Hollywood, Fla., hospital turned her away amid the state’s new abortion restrictions.



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Nearly three-quarters of Americans think US democracy is getting weaker, ABA poll finds

Seventy-four percent of U.S. residents say American democracy is weaker than five years ago, according to an ABA poll released in advance of Law Day on May 1.



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Lawyer who argued Nixon-Watergate case fears SCOTUS might expand presidential immunity for Trump

Philip Lacovara, counsel to the Watergate special prosecutor, spoke with the ABA Journal about his experience with U.S. v. Nixon and his concerns about Trump v. United States. “When the Nixon case was decided, I thought that while it would give subsequent presidents the opportunity to claim executive privilege, which was not an established doctrine, I never thought it would lead to a former president claiming immunity from criminal prosecution. Yet here we are.”



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Court program bets on autistic kids

In 2018, Justice Sunny Bailey created the Detention Alternative for Autistic Youth. When autistic youths arrive in the Las Vegas 8th Judicial District court charged with crimes ranging from battery to sexual assault, they have the opportunity to go to DAAY Court, which connects those children and teens with the help they need free of charge.



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LexisNexis launches newest version of generative artificial intelligence platform

LexisNexis launched the newest version of its generative artificial intelligence, Lexis+ AI, on Tuesday, offering users faster results and more resources. The second generation LexisNexis legal tool is expected to be available in early May.



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Supreme Court will hear challenge to Biden administration rule on ghost guns

The Supreme Court on Monday said it would weigh a challenge to a Biden administration rule on “ghost guns,” weapons made from homemade kits that can be assembled into firearms.



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Supreme Court divided over homeless ban and rights of the unhoused

Supreme Court justices expressed concern on Monday about punishing homeless people for sleeping outside when they have nowhere else to go, while also struggling with how to ensure local and state leaders have flexibility to deal with the growing number of unhoused individuals nationwide.



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More 2023 law school grads find full-time jobs than in past 10 years, new ABA data shows

More recent law school grads are employed 10 months after graduation than any class of the past decade, according to recently released data by the ABA’s Section of Legal Education and Admissions to the Bar.



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DEI ‘lives on’ after Supreme Court ruling, but critics see an opening

The Supreme Court’s unanimous decision this week in favor of a St. Louis police sergeant was almost universally cast as a win for workers, who now have a lower bar for proving discrimination claims. But it’s also being held up by conservative activists intent on dismantling diversity, equity and inclusion initiatives, who say it will give them added firepower to quash workplace programs reserved for minorities, women and other underrepresented groups.



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Biden Title IX rules set to protect trans students, survivors of abuse

The Biden administration on Friday finalized sweeping new rules barring schools from discriminating against transgender students and ordering significant changes for how schools adjudicate claims of sexual harassment and assault on campus.



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Ex-BigLaw partner can't get cyberstalking injunction against blogger, judge says

A former Greenberg Traurig partner can’t get a cyberstalking injunction against a blogger who posted videos of the lawyer yelling and telling his wife that he hates her, a Florida state judge has ruled.



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Supreme Court will consider whether criminalizing homelessness violates Eighth Amendment

Few doubt that the court’s decision in City of Grants Pass v. Johnson will be consequential for the nation’s homeless population and for those trying to help. “This case is really about whether the Constitution protects unhoused people against punishment when there is no shelter or housing available to them.”



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Pulling the Weed: Bankruptcy opinion shows debt restructure path for cannabis workers

While 24 states have legalized recreational marijuana use, it remains a criminal activity under the federal Controlled Substances Act, and bankruptcy courts generally have been a rather hostile forum for debtors employed in the marijuana industry.



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Job transfers can be discriminatory without needing to show significant harm, SCOTUS rules

The U.S. Supreme Court unanimously ruled Wednesday that people suing under the main federal job-bias law don’t have to show a transfer caused them a significant disadvantage. Writing for the court, Justice Elena Kagan said Congress required only that employees show some sort of harm, even if it’s not a major one.



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4th Circuit allows transgender girl to stay on West Virginia track team

A transgender middle-schooler in West Virginia cannot be barred from participating in cross-country running and track with other girls, the U.S. Court of Appeals for the 4th Circuit has ruled.



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Smartmatic and OANN settle lawsuit over 2020 election coverage

The voting technology company Smartmatic agreed Tuesday to settle its lawsuit against the conservative cable television network One America News over its coverage of the 2020 election.



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Law schools examine pedagogy as NextGen bar exam looms

Updated: With the dawn of the NextGen bar exam approaching, some law schools are adjusting curricula to better prepare students for the test’s specific demands.



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SCOTUS seems divided over obstruction charge in Jan. 6 case

The Supreme Court seemed deeply divided Tuesday over a challenge to a federal law that prosecutors used to charge more than 350 people who were part of the pro-Donald Trump mob that attacked the U.S. Capitol on Jan. 6, 2021.



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