Winning a 2003 landmark U.S. Supreme Court case expanded a gay lawyer's Supreme Court practice, he says, and looking back, it's his favorite case.
Because Paul M. Smith was the editor-in-chief of the Yale Law Journal, clerked for then-U.S. Supreme Court Justice Lewis F. Powell Jr. and handled various Supreme Court cases—including for paying clients—many thought that it made sense for the Washington, D.C., lawyer to argue Lawrence v. Texas, which led to a 2003 landmark opinion that struck down state laws criminalizing sexual conduct between consenting adults of the same gender.

Attorney for Lawrence v. Texas reflects on LGBTQ rights on 20th anniversary

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When the Trump administration's policy of separating families at the country's borders was announced, opposition from the public and the legal community was swift. The outcry and judicial decisions led to a reversal of the administration's stated policy. But detention and family separation have a long history in this country, history professor Ana Raquel Minian says.
Minian, who immigrated from Mexico to the United States right before the attacks of Sept. 11, 2001, has made an academic career studying immigration, incarceration and detention. As a young adult, Minian followed the news of Guantanamo Bay Naval Base being used to detain people who might be connected to those attacks. But in researching their new book, In the Shadow of Liberty: The Invisible History of Immigrant Detention in the United States, Minian discovered the base was first used as a detention center under President George H.W. Bush to hold Haitian refugees.
Minian uses the personal experiences of four immigrants to walk readers through the history of immigrant detention in the United States: Fu Chi Hao, a Chinese Christian attempting to escape the Boxer Rebellion in 1901; Holocaust survivor Ellen Knauff, a war bride of an American GI who arrived at Ellis Island in 1948; Gerardo Mansur, a Cuban who joined the Mariel boat lift in 1979; and Fernando Arredondo, a Guatamalan asylum seeker who was separated from his daughter by border officials in 2018.
 In this episode of The Modern Law Library, Minian shares details of these stories with the ABA Journal’s Lee Rawles. They also discuss the shifting motivations behind changes in the immigration system, parole versus detention, and how attorneys can help immigrants currently in detention.

'In the Shadow of Liberty' shines light on American immigration history

The lack of diversity when it comes to race, gender, sexuality, disability and social class within the legal profession is nothing new. However, the last decade has marked a gradual increase in diversity across all fields.

The future of DEI programs in the legal industry

“Trespassing plus time equals adverse possession,” Paul Golden writes in his new book, Litigating Adverse Possession Cases: Pirates v. Zombies. When someone has occupied or used a piece of property as though they own it for long enough, a court could determine that they are the rightful owner—regardless of what the paperwork says. It’s a concept more popularly discussed as squatter’s rights.
In this episode of The Modern Law Library, Golden speaks with the ABA Journal’s Lee Rawles about the ancient concepts underlying modern adverse possession law; some quirky state laws; and why societies would allow land to be transferred in this way. They also discuss how the plain meaning of terms like “hostile” are changed when used in adverse possession cases, and Rawles raises a hypothetical—taken from real life—of a neighbor’s crooked fence.
During Golden’s first appearance on The Modern Law Library, he explained how the lack of a written contract could be navigated by a savvy lawyer. In his new book, Golden guides attorneys and their clients through the finer points of arguing for and against adverse possession claims. He shares some of the errors he’s seen pop up in adverse possession cases, and offers advice for how to avoid common pitfalls.
Modern Law Library listeners have been given a promotional discount code for Litigating Adverse Possession Cases: Pirates v. Zombies through May 10, 2024. For 20% off, go to the ABA’s online shop and enter LAPC2024 at checkout.

Users keepers: Pirates, zombies and adverse possession

James Patterson has written bestsellers in many genres. But as he tells the ABA Journal's Lee Rawles in this episode of The Modern Law Library, he has always been fascinated by legal thrillers, courtroom dramas and crime novels. He even considered becoming a lawyer, before his literary career took off.
In his newest release, The #1 Lawyer, James Patterson partnered with co-author Nancy Allen to tell the story of Stafford Lee Penney, a criminal defense attorney in Biloxi, Mississippi, who’s never lost a case. But after handing a high-profile murder trial involving the son of a mobster, Penney finds himself on the other side of the bench as a defendant himself, charged with murdering his own wife.
Patterson has written and co-written more than 300 books, including bestselling series like Alex Cross, Women’s Murder Club and Maximum Ride. He had some writing tips for attorneys, particularly on how to work collaboratively. As Patterson tells listeners in the podcast, he is open about working with other writers on many of his books, and he finds tools like outlining absolutely essential. He also shares with Rawles how he thinks co-writers should handle interpersonal communication while working together.
Patterson says one of the major benefits of working with co-authors is pulling from their experiences to make his books more accurate and true to life. When he wrote The President is Missing with Bill Clinton, the former president could tell Patterson the inside details of how a Secret Service detail worked. When he wrote Run, Rose, Run with Dolly Parton, she walked him through the production cycle for a song.
Allen, who conducted more than 30 jury trials as a prosecutor in Missouri and taught law for 15 years at Missouri State University, contributed her firsthand courtroom experience to The #1 Lawyer. Patterson says they worked to make everything as accurate as possible—while still allowing for a good story. It’s the pair’s second book together, following a previous standalone novel, Juror #3.
In this episode of The Modern Law Library, Patterson shares some of his favorite law-related pop culture picks; news about new and ongoing projects; and describes a very special birthday event with Dolly Parton. He also discusses how his children’s series Maximum Ride got caught up in Florida book bans in 2023. For fans of Patterson’s breakout success, the Alex Cross series launched in 1993 with Along Came a Spider, the author shares updates about what’s next for the intrepid detective—including details about the upcoming Amazon Prime TV series Cross, starring Aldis Hodge.

James Patterson dishes on his new legal thriller, ‘The #1 Lawyer’

Transcription technology has existed for a while now, but its accuracy has never been that high. Now, artificial intelligence could make automated transcription even more accurate. As the tech becomes better and better, is it possible that it could eventually replace human court reporters?

Attorney for Lawrence v. Texas reflects on LGBTQ rights on 20th anniversary

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