Execution by lethal injection is seen by many Americans as a less barbaric alternative than older methods like hanging, firing squads and electrocution. It is easy to assume that the process must resemble euthanasia procedures for terminally ill people or pets. The reality is very different, says Corinna Barrett Lain, a law professor and death penalty expert.

Lain didn’t initially intend to make the death penalty her primary area of study, she tells the ABA Journal’s Lee Rawles in this episode of the Modern Law Library. A former prosecutor in Virginia, Lain did not begin her work out of opposition to the death penalty. But the more she discovered about the realities of the administration of lethal injections, the more she was compelled to demystify the process.

In Secrets of the Killing State: The Untold Story of Lethal Injection, Lain upends a lot of conventional wisdom about lethal injections. For example, the three-drug protocol used by most states was not a drug cocktail arrived at through scientific research. Rather, in 1977, after the U.S. Supreme Court allowed executions to resume after a 10-year hiatus, Oklahoma medical examiner Dr. Jay Chapman was asked by a state legislator to come up with an alternative to the state’s rickety electric chair. Though Chapman admitted he was “an expert in dead bodies but not an expert in getting them that way,” he proposed combining sodium thiopental, pancuronium bromide and potassium chloride. “You wanted to make sure the prisoner was dead at the end, so why not add a third drug,” the book quotes Chapman as saying. “Why does it matter why I chose it?” In contrast, an overdose of a single drug, pentobarbital, is what is commonly used by veterinarians in animal euthanasia.

“Lethal injection is not based on science,” Lain writes. “It is based on the illusion of science, the assumption of science.”

In this episode, Lain and Rawles also discuss botched executions, shady sources used by states to procure the drugs used for lethal injections, and how Lain’s scholarship has impacted her views of capital punishment as a whole.

Jorge Goldstein entered the fields of science and law at a time of immense change for them both. In the 1970s, huge strides were being made in biogenetics and microbiology, and in the 1980s, the intellectual property community was being asked to answer some giant questions they raised, like: How can you describe life, legally? Can a living being be patented? Who owns the material from your body?

The 45 years since the groundbreaking 1980 case of Diamond v. Chakrabarty, in which the U.S. Supreme Court decided that living organisms could be patented, have been an intensely busy time for microbiologists, biochemists, genetic researchers, and the patent lawyers who serve them. Goldstein, who holds a PhD in chemistry from Harvard University and a JD from George Washington University Law School, has been on hand to witness and help shape many of the resulting debates.

In Patenting Life: Tales from the Front Lines of Intellectual Property and the New Biology, Goldstein weaves stories from his own life and practice with the fascinating histories behind some well known medications, lesser known scientists, and groundbreaking court cases that will shape future scientific ventures. In this episode of the Modern Law Library, he and the ABA Journal’s Lee Rawles discuss the book and the fascinating career he’s had.

In the book, Goldstein explains many of the scientific developments behind technologies like CRISPR in a way that lay people can understand, while offering humanizing looks at the quirky and sometimes flawed scientists who made those discoveries. Large moral and ethical questions are raised about how technologies are developed, commercialized and put into practice, and he does not shy away from the discussions. He also offers his perspective on how patent law can be improved to fund further scientific advancements while also protecting innovation.

Goldstein and Rawles discuss key cases that helped shape genetic research, and some of the major changes he’s seen in legal theory over his career. They also discuss tikkun olam, a concept in Judaism about how our actions can repair and improve the world. It’s something Goldstein feels is a proper focus for science and for law, and they discuss two of the pro bono projects he has worked on with indigenous communities in which he can use patent law to protect their rights.

Finally, Goldstein offers advice to young scientists and attorneys who are interested in practicing in these fields, and shares his opinion on what artificial intelligence could mean in the patent law sphere.

Peak performance in high-stress environments. It’s the goal for the basketball players taking the court during March Madness, but just as much for players on a different kind of court. Lawyers can and should learn a lot from elite athletes, says Dr. Amy Wood.

In this episode of the Modern Law Library, Wood shares her insights with the ABA Journal’s Lee Rawles. Wood, a clinical psychologist, has focused her career on attorney wellness. She is the author of the new book Lawyer Like an Athlete: How to Up Your Game at Work and in Life, published by the ABA’s GPSolo Division. Wood first developed Lawyer Like an Athlete as a CLE program, sharing tips on achieving physical and mental wellness, as well as preparing lawyers to maximize their work performance.

There are four characteristics Wood identifies as being shared by star athletes and star attorneys: exquisite self-care, a grounded perspective, “nourishing diversions” and thriving relationships. Without attending to those elements, she says, it’s difficult for lawyers to sustain themselves in a high-stress profession.

Many lawyers enjoy extreme solo sports, like marathon running. But don’t forget about team sports. There’s much you can learn about personal performance from elite athletes, but it’s just as important to integrate lessons about team performance, Wood says. Are the people on your “team” helping you perform at your peak?

Wood and Rawles also discuss the importance of striving for a “fan’s perspective”; the importance of visualization; the cycle of workouts and recovery days; and five signs that it’s time to reach out for professional assistance.

What if we are asking the wrong questions when selecting American judges? Mark Tushnet thinks our current criteria might be off.

“We should look for judges who are likely to display good judgment in their rulings … and we shouldn’t care whether they have a good theory about how to interpret the Constitution as a whole—and maybe we should worry a bit if they think they have such a theory,” the Harvard Law professor writes in his new book, Who Am I to Judge? Judicial Craft Versus Constitutional Theory.

In looking at what qualities were shared by great Supreme Court justices, Tushnet identified five he thinks were of especial importance:

In this episode of The Modern Law Library, Tushnet and the ABA Journal’s Lee Rawles discuss how he thinks people should be evaluated for judicial positions; his experience as a clerk for former U.S. Supreme Court Justice Thurgood Marshall; what makes a well-crafted opinion; and why he thinks any overarching theory about the Constitution will fall short.

Should you need a license for that? For law professor and antitrust expert Rebecca Haw Allensworth, there are huge problems with professional licensing in America—and her solutions might not make anyone completely happy.

 In her new book, The Licensing Racket: How We Decide Who Is Allowed to Work, and Why It Goes Wrong, Allensworth takes a deep dive into the history and function of licensing in the United States. While licensing boards are put forth as a way to protect consumers, Allensworth says that in practice, their decisions can be arbitrary and their disciplinary functions flawed.

In this episode of the Modern Law Library, Allensworth and the ABA Journal’s Lee Rawles chat about a range of professions that currently require licenses, from hairdressing to law and medicine. While disciplinary procedures for lawyers are not open to the public, she was able to attend a number of proceedings for health care workers accused of wrongdoing, and what she found sometimes shocked her—and even shocked some of the people responsible for making those disciplinary decisions. She shares some of those stories in the episode.

The Licensing Racket argues that licensing should be done away with for many professions. For those that remain, however, Allensworth believes much more must be done by government agencies rather than allowing professions to self-police themselves through volunteers and licensing boards

For some people, retirement is an opportunity to kick back and finally relax. But for Roger M. Witten, it was a chance to finally tackle that book he'd been thinking about writing. With a little help from longtime friends and colleagues, Legal Briefs: The Ups and Downs of Life in the Law was born.

Witten's aim was to reach a general audience and given them an idea about what a life in the law could look like outside the most well-known bounds of a criminal justice, Law & Order career. The result is a series of short, digestible anecdotes from 20 attorneys, talking about memorable cases, clients and conundrums they had. A reader could flip to any chapter in Legal Briefs and spend an enjoyable 5-10 minutes getting a snapshot from a contributor's career.

Witten himself shares how he became an assistant special prosecutor for the Watergate Special Prosecution Force in the 1970s. In this episode of the Modern Law Library, he tells host Lee Rawles about defending a wise guy client code-named Ted, who nicknamed Witten "Witless" and threw a party with a banner reading "Ted - 1, FBI - 0" when they reached a successful plea agreement.

Many of the contributors to the book of essays were involved in government litigation and complex corporate matters. Witten himself was one of the foremost litigators handling Foreign Corrupt Practices Act cases, and before his retirement was a senior litigation partner in WilmerHale's New York office.

In this episode he also shares his perspective as a former Watergate prosecutor on current events within the federal government since the Trump Administration began, and recounts his experience with the late Sen. John McCain while defending campaign finance reforms.

A federal judge’s new book is giving readers a rare inside glimpse at how a judge determines which prisoners deserve to have their sentences overturned.

In his memoir, Disrobed: An Inside Look at the Life and Work of a Federal Trial Judge, Judge Frederic Block introduced readers to his colorful life and career. In Crimes and Punishments: Entering the Mind of a Sentencing Judge, he explained the rationale judges use when deciding sentences, and the human toll it can take. And now, in A Second Chance: A Federal Judge Decides Who Deserves It, he’s shining a light on how judges consider resentencing and compassionate release.

Without the passage of a key federal law in 2018, A Second Chance would not have been written. A bipartisan piece of legislation signed by President Donald Trump and supported by the ABA, the First Step Act was one of the biggest criminal justice reforms in the past decade. Among its sentencing reforms, it allows federal judges to reconsider sentences given out during tough-on-crime crackdowns, and for prisoners to petition for compassionate release.

Block, who is a senior judge on the U.S. District Court for the Eastern District of New York, soon found himself asked to reconsider sentences under the First Step Act. In the book, he outlines the crimes and rehabilitations (or lack thereof) of six federal prisoners. From a former police officer who assaulted an innocent Haitian immigrant to a trio of mobsters, Block selected an array that represents the types of cases he’s being asked to consider. Later in the book, he reveals the fate of each—whether life sentences were overturned or unrepentant prisoners were returned to their cells.

In this episode of the Modern Law Library, Block tells ABA Journal’s Lee Rawles how his own views on sentencing have changed since he ascended to the bench in the 1990s. In a case that made the news after A Second Chance went to press, Block overturned a sentence he gave out 27 years ago, during his second year on the bench. Block had imposed a quintuple life sentence on Walter Johnson after the man was convicted of robbery, cocaine possession and witness tampering. At 61, Johnson has now been released from prison, and Block discusses that decision in the episode.

Block sees a moral imperative for all strata of the justice system to work together to address mass incarceration. In addition to calling on judges to be open-minded when considering resentencing offenders, he encourages criminal defense attorneys to go through their lists of former clients to see whether any would be eligible for relief under the First Step Act. Most importantly, Block is calling upon citizens to lobby for sentencing reforms like the First Step Act on the state level, since the legislation only applies to federal prisoners. He points out that only about 200,000 of the approximately 2 million incarcerated Americans are federal prisoners; the vast majority are overseen by state courts.

Block also discusses the public response to President Joe Biden’s recent clemency decisions, and how collateral consequences have influenced his initial sentencing decisions.

It's the time of year when The Modern Law Library likes to look back on the media that we've enjoyed: our annual pop culture picks episode. This year, host Lee Rawles is joined by the ABA Journal reporters Danielle Braff and Anna Stolley Persky, and Victor Li, an assistant managing editor and host of the Legal Rebels Podcast.

Naturally, their favorite books are discussed. But they also have movies, TV shows, podcasts and even Broadway musicals to recommend. From presidential histories to wicked witches, listeners will find ways to occupy the holiday season and the new year.

Ami Cullen grew up loving horses and competing in hunter/jumper events. But when it came to her career, she decided that law would be her calling. She graduated from law school and began work with a firm in Maryland working on medical malpractice cases. Then a visit to a Colorado dude ranch changed everything.

 In Running Free: An Incredible Story of Love, Survival, and How 200 Horses Trapped in a Wildfire Helped One Woman Find Her Soul Cullen shares a lightly fictionalized version of the journey she’s been on for more than a decade.

Just as Cullen once did, Running Free’s main character Emme Muller visits the C Lazy U Ranch in Granby, Colorado, on a girl’s trip and falls in love with the wrangling way of life. She decides to leave her life as an East Coast lawyer to work at the ranch—initially planning it as a six-month sabbatical from her career.

Instead, she stays, eventually becoming head wrangler and marrying another employee at the dude ranch. But in October 2020, the East Troublesome Fire, the second-largest wildfire in Colorado history, imperiled the C Lazy U Ranch. Muller has to work with her employees and horse-loving community members to evacuate the ranch and save 200 horses from a relentless and rapidly shifting fire. 

That part of Running Free is also true, Cullen tells the ABA Journal’s Lee Rawles in this episode of The Modern Law Library. Now the director of equestrian operations at the C Lazy U Ranch, it was Cullen’s responsibility to save the herd of horses through two harrowing wildfire evacuations and an ice storm that sent fleeing horse trailers careening off the roads back in 2020. After the fire was out and recovery had begun, Cullen felt a compulsion to put down her experience in writing. The first attempt produced 80 pages that read like a legal brief, she tells Rawles. By fictionalizing her experiences and creating some composite characters, she was able to write Running Free, her first novel.

In this episode of The Modern Law Library, Cullen discusses what it was like to decide to leave the law, what it’s like to help run a dude ranch, leadership skills she learned from working with horses, and why you’re never too old to take up equestrianship.

J. Craig Williams believes empathy is an important quality to be a trial lawyer. It’s served him in his profession, and it’s a tool he has also been using as an author trying to get into the minds of people from past eras.

In How Would You Decide? 10 Famous Trials That Changed History, Book One, Williams examines cases and trials from history through the lens of a modern trial lawyer. He uses the accounts of the historical proceedings to illustrate current principles of litigation and civil rights, and explains what each can tell us about the rule of law. 

In this episode of The Modern Law Library, Williams tells the ABA Journal’s Lee Rawles that empathy was key in trying to understand the people involved in events like the Salem Witch trials, and figuring out how injustices could be perpetrated. He realized there were parallels to be drawn between society in late-17th century Salem and American society today.

The 10 trials featured in this first volume of How Would You Decide? are:

The case that most readers bring up when speaking with Williams is the Boston Massacre trial. Williams, who grew up in New England, says he was surprised to find during his research that there was much he hadn’t known about the case himself. Founding Father and future president John Adams was the attorney who successfully defended the British soldiers who fired into the Massachusetts crowd, an extremely risky professional and social decision. Williams and Rawles discuss Adams’s representation and what it meant for the establishment of the rule of law in the United States.

Listeners might best know Williams from his Lawyer2Lawyer podcast, which he launched in 2005, making him a pioneer in legal podcasting. Since Williams was already familiar with audio production, How Would You Decide? was a natural fit for multimedia. He launched a companion website, 10FamousTrials.com, making available more of the source material he relied on to write the book. He also partnered with Legal Talk Network to release a miniseries podcast, which is currently in production. In Dispute covers one of the 10 trials each episode, featuring commentary and reenactments drawn from trial transcripts and historical documents.

In this episode, Williams and Rawles discuss his research process, how he selected which trials to feature, and what might make it into Book Two. They also get into the holiday spirit by talking about The Sled, a Christmas story Williams and his wife wrote for their grandchildren.