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March 21, 2011
Justice in jeopardy

The Hill, op-ed by Stephen N. Zack
The words ‘equal justice under law’ are so fundamental to our culture they’re carved in stone above the entrance to the United States Supreme Court. But today, the opportunity to access justice in our courts is becoming as much a luxury as a Louis Vuitton bag. … The problems outlined at the first national hearing of the ABA Task Force on the Preservation of the Justice System sounded like a report from a third world country. The state court funding crisis stretches coast to coast. There are courts begging for pens because their office supply budget is so low. Other courts are demanding that filers bring their own paper. … We need Congress to act now and make it clear that legal aid is simply off limits in this economy.
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March 17, 2011
Panel urges TSA to implement ‘trusted travelers’ program

Washington Post
Treating every airport passenger as a potential terrorist slows the security system, is needlessly frustrating and deters some people from flying, according to a report that recommends ways to ease bottlenecks at security checkpoints.… In a keynote speech to the American Bar Association two weeks ago, Pistole said it was time to ‘streamline’ the checkpoint process for most passengers. ‘The vast majority of the 628 million [passengers who pass through TSA checkpoints each year] present little to no risk of committing an act of terrorism,’ Pistole said. ‘My vision is to accelerate TSA’s evolution into a truly risk-based, intelligence-driven organization in every way. . . . We want to focus our limited resources on higher-risk passengers while speeding and enhancing the passenger experience at the airport.
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March 16, 2011
Apps, Google, websites … and much more

Financial News and Daily Record
Want to find a few ways to be more efficient? As The JBA board member chair of the Bulletin and Communication, I invite you to read on for a list of practical ideas, tools and websites that can make you more productive, efficient and knowledgeable. Many of these suggestions are easy to incorporate into your daily routine, are customizable, and some are free! … If you want to learn even more about how you can use Google to improve your practice, order a copy of a new book published by the American Bar Association Law Practice Management Section, ‘Google for Lawyers: Essential Search Tips and Productivity Tools,’ which provides guidance on accessing the full power of Google as a search engine, as well as tips on using Google’s free and low-cost tools that can help any attorney compete with the big firms and their large research and technology budgets.
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March 16, 2011
Bobby Unser vs the Feds

The Foundry
In 1997 three-time Indy 500 winner Bobby Unser was convicted of a federal crime that exposed him to a $5,000 fine and a six month prison sentence. What did Unser do that so angered the federal government? He got lost in a blizzard. That’s it. How did getting lost in a blizzard become a crime? Watch the attached video or click through to Heritage analyst Brian Wash’s Commentary, below… What do former Indianapolis 500 champion Bobby Unser and small-businessman Abbie Schoenwetter have in common? Both are victims of ‘overcriminalization,’ a trend that has caused the number of federal laws to spike dramatically in recent decades. …Fortunately, a wide array of individuals and organizations do understand the dangers of overcriminalization and are promoting sensible, non-partisan ideas for criminal justice reform. The Heritage Foundation, National Association of Criminal Defense Lawyers, American Bar Association, American Civil Liberties Union, Cato Institute, Constitution Project, Families Against Mandatory Minimums, Manhattan Institute, National Federation of Independent Businesses, and Washington Legal Foundation are all part of this coalition.
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March 16, 2011
Stephen Zack

LatinVision Leaders
LatinVision interviews Stephen Zack, Administrative Partner at Boies, Schiller & Flexner LLP; First Hispanic President of the American Bar Association. In a Q&A session, Zack discusses his business, his influences and the sacrifices he’s made to become a success.
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March 15, 2011
Young lawyers scraping for work

Fort Wayne Journal Gazette
…The recession has hit law firms hard, experts say, particularly those tied closely to banking and other industries at the forefront of the economic collapse. The result has been a marked slowdown in offers for new lawyers and a dearth of the summer jobs that are critical for law students hoping to make initial contacts. …’The law firm economics have changed drastically,’ said Stephen Zack, president of the American Bar Association. ‘You see major law firms disappear overnight. And as businesses and industries consolidated, so have their legal needs.’
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March 15, 2011
Labor Department inundated with worker complaints

The Baltimore Sun
Not me, of course, but lots of workers complain about their bosses. In fact, tens of thousands of employees each year go so far as to take their concerns to the Department of Labor — more grievances than the agency can handle. Now there’s backup help. The Labor Department has established a first-of-its-kind program with the American Bar Association. The agency would put workers whose complaints it won’t take up in touch with private employment lawyers. The Bridge to Justice program focuses on potential violations of overtime, minimum wage and family medical leave laws. Catherine Ruckelshaus, legal co-director of the National Employment Law Project that advocates for low-wage workers, says her group has long sought such a program, pointing to a ‘dearth of enforcement’ of basic wage and hour laws.
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March 15, 2011
Divorcing Hype From Reality in Facebook Stats

The Wall Street Journal
My print column this week examines a widely reported claim that one in five divorces is linked to Facebook. This stat originated more than a year and a half ago with a U.K. online divorce-service company, and got new life last week when a Loyal University press release mistakenly attributed the stat to the American Academy of Matrimonial Lawyers, before being corrected. … Some lawyers do say that they see Facebook playing a bigger role in divorce these days, that doesn’t mean the site destroys marriages. ‘People have met online for years,’ said Randall M. Kessler, chair-elect of the family-law section of the American Bar Association. ‘Using the Internet to create relationships is not anything new. It predates Facebook.’ Kessler added that Facebook’s role isn’t always one of instigating infidelity; it can also reveal it. ‘While most photos are innocent, a photo of a spouse having a good time with someone other than their own spouse, is truly worth a thousand words,’ Kessler wrote in an email.
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March 15, 2011
ABA president urges Congress to fund legal aid

Minnesota Lawyer Blog
In written testimony submitted to the Committee on Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies today, American Bar Association President Stephen N. Zack called on Congress to fund the Legal Services Corporation at $450 million, citing increased need for assistance for the poor and working class during tough economic times. ‘Appropriations for the Legal Services Corporation is not just about funding another federal agency. This is about providing legal services for the 57 million Americans at or below the poverty line, including 19 million children, who are eligible for assistance,’ said Zack. Zack added that the most important issues on the minds of every American are jobs and the economic climate. ‘Programs like LSC that keep working class and poor people from falling into a legal and financial tailspin are essential,’ he said. ‘Every cent spent helping families deal with crises such as eviction, child support and custody, or a domestic violence restraining order ultimately saves taxpayer money.’
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March 15, 2011
For the ABA, a never-ending war

National Law Journal
The American Bar Association knows the drill. Trying to beat back the repeated attempts over the years to slash funding for the Legal Services Corp. is a familiar exercise. ‘We’ve fought this battle many times,’ said ABA President Stephen Zack. …The current battle over House Republicans’ proposal to hack more than $75 million from the corporation’s budget is of a different, more distressing nature, said Thomas Susman, director of the ABA Office of Government Affairs. ‘The influence of a populist movement — that’s a new element,’ he said. Susman said Congress is trying to sort out what constituents really want versus the outcry from ‘a large group of people,’ including Tea Party members, who are vocally pushing for outright elimination of all sorts of federal programs. At the same time, the competition for money among all federal programs — always an issue when doling out the dollars — is tighter than ever, he said.
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March 14, 2011
United States: ABA National Institute On White Collar Crime Conference: 2011 Enforcement Priorities And Trends

Mondaq
The American Bar Association’s 25th Annual National Institute on White Collar Crime (March 2-4, 2011) featured, among other panelists, senior members from the U.S. Department of Justice (‘DOJ’), various state and federal prosecutors, representatives from federal regulatory bodies, members of the federal judiciary and leading practitioners from the white collar defense bar. This Update highlights several of the most significant trends in white collar prosecution signaled by these panelists as likely to shape 2011’s enforcement landscape. This year, the government used strong rhetoric to demonstrate its intensified commitment to prosecute white collar crime with an emphasis on prosecuting individuals, not just corporations. The government is also evaluating cooperators with greater scrutiny prior to recommending any credit for them.
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March 14, 2011
U.S. Court of Appeals validates Red Flag exemptions

Association of Corporate Counsel
On March 4, 2011, the US Court of Appeals for the District of Columbia ruled that a case brought by the American Bar Association was rendered moot by The Red Flag Program Clarification Act of 2010.1 This decision further validates that attorneys and physicians are exempted from the Red Flags Rule.






