ABA Journal: Modern Law Library

After several collaborations with bestselling author James Patterson, Judge David Ellis of Illinois decided to go it alone for his latest book,Look Closer. In this episode, the ABA Journal's Matt Reynolds talks to Ellis about his Patterson partnership, his own crime fiction and how he balances his judicial work with his writing.

InNobody is Protected: How the Border Patrol Became the Most Dangerous Police Force in the United States, geographer Reece Jones argues that Supreme Court precedent, a growing workforce and mission creep have made the U.S. Border Patrol a national police force that operates without appropriate accountability. In this episode of the Modern Law Library, Jones and the ABA Journal's Lee Rawles discuss the creation of the U.S. Border Patrol in 1924 in the wake of racist immigration laws. Jones shares how a "Wild West" mentality thrived within the service in its early years; how language restricting the Border Patrol's actions to within a "reasonable" distance resulted in a 100-mile border zone; and how two California public defenders in the 1970s brought four critical cases before the U.S. Supreme Court that dealt a heavy blow to Fourth Amendment rights in the border zone. Jones describes how the original mission of the Border Patrol to curtail illegal immigration expanded to include drug searches and anti-terrorism missions. That mission creep resulted in Border Patrol agents snatching protestors off the streets of Portland, Oregon, during protests after the murder of George Floyd in the summer of 2020. They also discuss how Border Patrol checkpoints could potentially be used in states that criminalize abortions to control and monitor the travel of pregnant people within the 100-mile border zone.

Even during times less tumultuous than the one we are in now, lawyers as a profession report high levels of stress. Finding the way to keep motivated and healthy on an individual level while fighting systemic problems is no easy task. It was this challenge that lawyers Nora Bergman and Chelsy Castro set out to address in their new book,50 Lessons for Happy Lawyers. In this episode of the Modern Law Library, Bergman and Castro share experiences from their respective backgrounds in coaching and psychotherapy, and some of their work creating wellness programming tailored for the legal profession. They intend their book to be a jumping off point for attorneys looking to increase resilience and happiness in their personal and professional lives. Rather than ticking off 50 boxes, the authors encourage readers to look at50 Lessons for Happy Lawyersto find the lessons that speak to them. (For host Lee Rawles, one of those was the suggestion to make a "to don't" list to remove unnecessary tasks from her plate.) Tune in to hear Bergman and Castro discuss the research that went into50 Lessons for Happy Lawyers, the other books in the50 Lessons for Lawyersseries, and their advice for lawyers who are finding it difficult to cope with the stress of their professional and personal lives.

Are you a lawyer who plays League of Legends late at night? A World of Warcraft warrior who engages in courtroom combat during your daytime gig? And have you ever wished you could break into esports on a professional level–whether you're armed with a game controller or a briefcase? Well, esports is a growing industry, and if you'd like to make it part of your legal practice, a background in gaming can help, says Justin M. Jacobson, author ofThe Essential Guide to the Business & Law of Esports & Professional Video Gaming. Jacobson started in sports and entertainment law, and he says when representing musicians and athletes, knowing how to engage with your clients and speak in a vernacular they're accustomed to is key to forming a productive–and long-term–relationship with them. In this episode of the Modern Law Library, Jacobson speaks with the ABA Journal's Lee Rawles about his own career journey into esports management and legal representation, tips for law students on what classes could be useful for this practice niche, and the common mistakes he sees inexperienced clients make. When writing his manual, Jacobson wanted it to be useful not only to lawyers looking to practice in this area, but also people who are involved in the esports industry in other ways. In addition to a history of the video game contests that eventually developed into the multimillion-dollar esports industry, Jacobson breaks down the major stakeholders in the sector, including the event organizers, the game publishers, the teams and the talent. From contract writing to immigration issues, intellectual property disputes and tax write-offs,The Essential Guide to the Business & Law of Esports & Professional Video Gamingtouches on many different areas of law. Esports athletes or their friends, loved ones and business managers could also be served by Jacobson's clear breakdowns of issues that crop up for professional gamers. Tune in for Jacobson's advice for parents of talented young gamers who are looking to make a career in esports.

As a lawyer, Michelle Good spent years investigating the trauma that Canada’s residential school system inflicted on Indigenous people. As an author, it took her nine years to write her first novel about the lives of five teenagers who leave a church-run school and coalesce in Eastside Vancouver, British Columbia. For Good, it was imperative that she took her time to get the story right. Her patience paid off.

On the cover of Brian Hochman's bookThe Listeners: A History of Wiretapping in the United Statesis a martini cocktail, complete with skewered olive. Someone attempting to judge a book by its cover may think this is a riff on James Bond and his brethren in espionage. But international espionage is not the primary use of wiretapping in the United States; it's a longer, stranger tale than that. Hochman shares the real story that inspired the cover in this episode of the Modern Law Library with the ABA Journal's Lee Rawles. It involves a private detective with a showman's instincts, a congressional hearing and an electronic bug hidden in a martini olive. It was an incident that spooked the legislature so much that in 1968, they banned the "martini olive transmitter"–even though a working prototype had never been built. In this episode, Hochman also talks about America's long history of wiretapping, from Civil War saboteurs to confidence tricksters, from suspicious husbands to rival corporations, from drug dealers to district attorneys. Wiretapping was often seen as "a dirty business," as Justice Oliver Wendell Holmes opined in Olmstead v. United States (1928), but also as a necessary tool in the arsenal of law enforcement, particularly once the War on Crime kicked off in the wake of civil rights protests. In the late 1950s, wiretapping was considered by some to be so necessary that New York district attorney Edward S. Silver compared being asked to prosecute criminals without it to being asked to "hunt lions with a peashooter." Hochman kicks off the episode by telling the tale of the first American to be jailed for tapping a wire–and it's a tale with a twist. Special thanks to oursponsor,Posh Virtual Receptionists.

During its time as a Soviet republic within the USSR, Kazakhstan was the site of massive nuclear tests, both above and below ground. The cost to the environment and health of the Kazakh people and livestock was likewise massive, though the full scale of the effects was under-studied and suppressed for decades. Through massive public protests in the 1980s, nuclear-weapons testing in the Semipalatinsk region of Kazakhstan was brought to a halt. But when the Soviet Union dissolved and Kazakhstan became a sovereign state, it now had a conundrum: Should the country—which had no military of its own—retain the nuclear weapons and become the world’s fourth largest nuclear power, or relinquish them in return for international commitments? This is the story that Togzhan Kassenova was born to write. The nuclear policy and nonproliferation expert grew up in the capital city, Almaty, in a family with deep ties to the Semipalatinsk region. Her father, Oumirserik Kassenov, was the head of the country’s first think tank, now known as the Kazakhstan Institute for Strategic Studies, and he was charged with helping the fledgling Kazakh government make nuclear policy decisions in the 1990s. Kassenova—who now lives in a different capital city, Washington, D.C.—was also able to access and interpret archival documents from the United States, Kazakhstan and Russia. The result isAtomic Steppe: How Kazakhstan Gave Up the Bomb. In this episode of the Modern Law Library, Kassenova and the ABA Journal’s Lee Rawles discuss the challenges of writing about top-secret nuclear test programs; the brave Soviet-era medical professionals who sought to record the sicknesses and birth defects caused by nuclear radiation; and the connections between the communities in Kazakhstan and the United States impacted by nuclear testing. She also sheds light on the real international diplomacy that took place that led to Kazakhstan giving up its nuclear arsenal, which was not a foregone conclusion. Atomic Steppewas released only nine days before Russia invaded Ukraine. Kassenova also discusses the parallels between Ukrainian and Kazakh experiences, the Russian attitudes towards the former Soviet republics, and what the international community can do about the threat nuclear weapons still pose today. Special thanks to oursponsor,Posh Virtual Receptionists.

In August 2020, contract attorney Laura Frederick accepted a challenge: Post to LinkedIn once a day, every day, for a month. Frederick thought she might be able to keep up a string of several days in a row. Instead, her daily posts became a way to connect with colleagues, build business, create a brand identity, and have a social lifeline during the isolation of the pandemic. A selection of those posts also found their way into her self-published book,Practical Tips on How to Contract: Techniques and Tactics from an Ex-BigLaw and Ex-Tesla Commercial Contracts Lawyer. Frederick says that she's never been the sort of person who enjoyed the cocktail party circuit way of rainmaking. When she launched her own law practice after years of working in BigLaw and as an in-house attorney for companies including Tesla, she relied for the first year entirely on referrals. But the connections she was able to make through LinkedIn has rapidly expanded opportunities for her legal practice and for her training and skill-development company, How to Contract. Frederick tells the ABA Journal's Lee Rawles that one of her driving motivations for posting daily tips to LinkedIn has been her desire to pass along knowledge gained over the course of her career to younger attorneys. When she was a beginning attorney in the 1990s, she says she gained tremendously by being able to shadow more experienced attorneys at her firm, learning at the side of longtime contract attorneys. The same opportunities are not available now, particularly when so many young attorneys are launching their own solo or small firm practices. She hopes that bothPractical Tips on How to Contractand her continuing daily posts to LinkedIn–she's now written more than 400–can help fill that gap. She adds that engaging with her commenters has also taught her lessons that improved her own legal work. In this episode, Frederick talks about the practical steps to building a brand and self-publishing; how she expanded into creating legal cartoons; and what it was like to be an attorney for Tesla. Special thanks to oursponsor,Posh Virtual Receptionists.

Detroit has been the site of many civil rights and labor rights battles, and many notable Black attorneys have called the city home. The first Black president of the ABA, Dennis Archer, came from the Detroit legal community, as does the current ABA president, Reginald Turner. But the full story of one of the city's pioneering legal figures has not been told–until now. InNo Equal Justice: The Legacy of Civil Rights Icon George W. Crockett Jr., co-authors Edward J. Littlejohn and Peter J. Hammer have filled in this blank with an absorbing history of Crockett's Floridian childhood, his law school years at the University of Michigan,his defense of Communist activists at the height of the Red Scare,his harrowing search for the murdered Freedom Riders in 1964, his time as a judge on Detroit's Recorder Court, and his election to the U.S. House of Representatives. For this episode of the Modern Law Library, Hammer joined the ABA Journal's Lee Rawles to discuss the research that went into the book, some of Crockett's most high-profile cases, how Crockett ended up serving four months in prison for contempt of court, and to explain why Crockett was one of the Detroit police department's most-hated public figures. Special thanks to oursponsor,Posh Virtual Receptionists.

Retired judge and bestselling novelist Martin Clark had to deal with his fair share of rejection before he finally broke in more than two decades ago with his debut novel,The Many Aspects of Mobile Home Living.After several false starts, that book got Clark’s career up and running. In this episode, the ABA Journal's Matt Reynolds finds out what made the difference for Clark, and gets tips for other lawyers itching to write their first book. Special thanks to our sponsor,Posh Virtual Receptionists.