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Across the pond

18 September 2015 / Roger Smith
Issue: 7668 / Categories: Opinion
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Roger Smith surveys legal news on the other side of the Atlantic

A summer stay in Saratoga Springs, once famous for its spas and now for its racecourse, has reawakened an interest in US legal developments. This was largely because I was staying on a lake with a fellow lawyer interested in discussing such matters. He also encouraged me to renew my digital subscription to The New York Times, whose coverage of legal—as other—issues puts even the best of the British press in the shade. But, had I been more aware of history at the time, it might also have been—as a judge later pointed out to me—because the city was the birthplace of the American Bar Association (ABA) in 1878. This had from the beginning high aspirations for its members. They were to be “attorneys of unquestionable professional attainments, men who made waves in their community, state and nation”. Certainly, there are enough issues to detain men, and now women, of such eminence—many of them very similar to those over here.

Terrorism & the rule

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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