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Navigating The Pitfalls Of Implicit Bias: A Cognitive Science Primer For Civil Litigators, Nicole E. Negowetti
Navigating The Pitfalls Of Implicit Bias: A Cognitive Science Primer For Civil Litigators, Nicole E. Negowetti
St. Mary's Journal on Legal Malpractice & Ethics
Cognitive science has revealed that past experiences and prior assumptions, even those of which we are not conscious, greatly influence how humans perceive the world. Emerging research has demonstrated that attorneys and judges, like everyone else, are the products of their gender, ethnicity, race, and socioeconomic status. As a consequence, legal decision-making is susceptible to the subtle influences of implicit bias. Effective and ethical client advocacy requires an attorney to understand how her own implicit biases will affect her interactions with clients. An attorney should also acknowledge that implicit biases may affect a judge’s interpretation of her client’s story and …
Why Lawyers Do What They Do (When Behaving Ethically), James Moliterno, John Keyser
Why Lawyers Do What They Do (When Behaving Ethically), James Moliterno, John Keyser
St. Mary's Journal on Legal Malpractice & Ethics
Since the early 1990s, when David Wilkins published his influential paper “Who Should Govern Lawyers” in the Harvard Law Review, legal ethics scholars and professors have paid attention to the range of processes and devices that govern lawyer behavior. This Article will report on the results of a study currently underway that seeks to provide empirical evidence to answer the question posed in this Article’s title: Do lawyers train staff in confidentiality preservation because they fear bar discipline? Because they fear malpractice liability? Because they must comply with malpractice liability carrier demands? Because they honor client confidences for their own …
Safety Over Semantics: The Case For Statutory Protection For Domestic Violence Asylum Applicants., Spencer Kyle
Safety Over Semantics: The Case For Statutory Protection For Domestic Violence Asylum Applicants., Spencer Kyle
The Scholar: St. Mary's Law Review on Race and Social Justice
Women and children make up the vast majority of the world’s refugee population. However, in the United States, the majority of successful applicants are men. Asylum seekers who assert claims of domestic violence are largely unsuccessful. The current immigration laws do not take gender into account when determining societal factors for obtaining asylum. People often misinterpret most foreign domestic violence allegations as differences of religion or cultural practices. Many believe domestic violence against women is solely a private issue and not the product of a political or social system designed to make women inferior to men. This dichotomy allows people …
A Decade's Legacy: Dashed Hopes For Gender Equality And The Status Of Afghan Women In Light Of The Ensuing Drawdown., Meredith B. English
A Decade's Legacy: Dashed Hopes For Gender Equality And The Status Of Afghan Women In Light Of The Ensuing Drawdown., Meredith B. English
The Scholar: St. Mary's Law Review on Race and Social Justice
This Comment addresses the legal structures which need to be supported in order to ensure substantial gender equality after allied forces withdraw from Afghanistan. After 2013, justice for abused women in Afghanistan stalled. Research suggests women’s rights and peace in Afghanistan are directly related. The presence of the Taliban and their restrictive rules has many Afghan women fearing for their lives and for the loss of decades of progress in the women’s rights movement. Leaders in Afghanistan must acquire a more liberal interpretation of Sharia law, while staying within the boundaries of the religious and ethnic traditions of the culture. …
The American Legal Profession In The Twenty-First Century, Stephen M. Sheppard
The American Legal Profession In The Twenty-First Century, Stephen M. Sheppard
Faculty Articles
Lawyers in the United States work in public service, private counseling, and dispute resolution, but many also work outside of traditional legal practice. The million-member American bar, second largest in the world, grows more diverse by gender, and ethnicity and older on average. All members of this learned profession must qualify by education or examination and by proof of good character and fitness before taking an oath to serve as an attorney. Thence, there are few limitations on the form of legal practice, though many law firms require an associateship before an attorney becomes an owner of the firm. Economic …