Law Commons^™

Large Language Models: Ai's Legal Revolution, Adam Allen Bent

Pace Law Review

This article contemplates and advocates for the use of Artificial Intelligence (“AI”) through Large Language Models (“LLM”) in legal practice. The author ultimately addresses the need to orient LMMs within varying legal contexts including academia, private practice, as well as the U.S. court system. Additionally, the author emphasizes the inevitability of AI and LLM systems infiltrating legal practice, and the reality that the industry must acknowledge and accept these systems to regulate and to provide better while still ethical legal services. Large Language Models: AI’s Legal Revolution, begins by walking the reader through the history of technological innovation of AI, …

Movement Lawyering In The Time Of The Climate Crisis, Camila Bustos

Pace Environmental Law Review

While climate litigation has emerged as a tool to tackle rising emissions and its devastating consequences, climate litigation as a strategy and movement has yet to be thoroughly analyzed through the lens of movement lawyering. Thus, this paper seeks to draw from existing literature on movement lawyering to explore the relationship between climate litigation and movement lawyering principles, addressing separate yet related questions: What does it mean to be a movement lawyer working on climate change? How do principles of climate justice shape movement lawyering and thus, climate litigation? How do lawyers think about accountability to their clients and the …

A Random Stroll Amongst Anthony Trollope's Lawyers, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

Anthony Trollope (1815-1882) resides in the pantheon of nineteenth century English literature. Overcoming a miserable childhood, he became an official with the post office and is credited with introducing the familiar red mailbox. While working full time in his postal position until 1867, he still managed to publish 47 novels, travel books, biographies, short stories, collections of essays, and articles on various topics. Trollope has been described as the novelist of the ordinary for his realistic description of English society. Law and legal issues flow through Trollope’s fiction. The legal system held a special importance to him as the skeleton …

How To Train Your Supervisor, Kris Franklin, Paula J. Manning

Pace Law Review

No abstract provided.

Menstruation And The Bar Exam: Unconstitutional Tampon Bans, Bridget J. Crawford

Elisabeth Haub School of Law Faculty Publications

Some states have policies that prevent bar exam candidates from bringing their own menstrual products to the test. Via social media, awareness of these policies achieved new heights in the weeks leading up to the July 2020 bar exam. While states adopted different approaches to administering the bar exam during the COVID-19 pandemic, a small number of jurisdictions responded to public criticism by permitting test-takers to bring menstrual products with them to exams. Not all states have adopted permissive policies, however. This essay explains why outright bans on menstrual products at the bar exam likely are unconstitutional. So-called alternate policies, …

Rudolph Giuliani And The Ethics Of Bullshit, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

Lawyers are communicators. They communicate with clients, courts, adversaries, juries, witnesses, and the public. Lawyers have a special responsibility for the quality of justice. Their communications, therefore, are hedged by various ethical rules to ensure that their statements are knowledgeable, truthful, respectful, and not prejudicial to the administration of justice. But lawyers are not always knowledgeable of the facts. In fact, they sometimes behave disrespectfully, and stray from the truth. False statements by lawyers may be made unwittingly, sometimes intentionally, and sometimes with an indifference, even a contempt for the truth. Discourse of the latter kind may be characterized as …

A Penal Colony For Bad Lawyers, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

In this article I set out what I believe is an extreme and unconventional way to discipline egregiously bad lawyers. For starters, I think it might be useful to survey briefly the kinds of lawyering conduct currently subject to disciplinary sanctions. Regulation of the conduct of defense lawyers in the U.S. is hedged by various legal and professional rules that are enforced by courts and disciplinary bodies essentially to ensure a minimum level of competent and ethical representation. The Sixth Amendment right to counsel--the so-called “sacred” right--seeks to ensure at least a reasonable degree of lawyering skill. Also, professional codes …

Eying The Body: The Impact Of Classical Rules For Demeanor Credibility, Bias, And The Need To Blind Legal Decision Makers, Daphne O’Regan

Pace Law Review

This Article focuses on law students and attorneys, not parties, witnesses, experts, and others. Part I briefly provides background: the pivotal role of classical rhetoric in western education, including the United States, the dispositive position of demeanor credibility in oral trial, and the persistent doubts about its reliability—doubts turned into certainty over two decades of research. Part II compares modern and ancient manuals to explain the rules of elite demeanor and its ideological claim to truth. Part III compares ancient and modern understanding of popular delivery; that is, choices in non-verbal communication that run counter to the elite rules and …

Festschrift For Michelle Simon, Harriet R. Feldman

Pace Law Review

While Interim Provost, one of the outstanding ideas Michelle came to me with was to establish the Pace Community Law Practice. The practice would have a dual mission, to employ and continue to build the skills of a select group of graduates and to provide quality, affordable legal services to individuals in need. In view of the employment situation overall and specifically as it affected those new to the profession of law, I thought this was a great idea. I quickly gave my endorsement to move forward. This has become a respectable operation and one that has great merit for …

Festschrift For Dean Simon, Leslie Garfield, Audrey Rogers

Pace Law Review

We write together about our dear friend Michelle Simon because of her enormous contribution to our professional and personal lives. Working with someone who becomes more than a colleague, but a friend as well, is a special gift. Michelle not only paved our path, she became a trail blazer in legal education. The professional trajectory of Michelle Simon speaks volumes to her talent, tenacity, and consensus building skills.

A Triumphant Day In Pace Law School’S History: Justice Sonia Sotomayor’S November 12, 2012 Visit To Our Campus, Emily Gold Waldman

Pace Law Review

“Read through and then we can discuss. Don’t forward to anyone,” stated a March 2012 e-mail from Dean Emeritus Michelle Simon to me. The e-mail’s subject line was unremarkable – “FW: Your Pace Visit” – but its actual subject was anything but: Associate Supreme Court Justice Sonia Sotomayor had officially agreed to visit Pace Law School. It was time for intensive planning to begin. The fruition of that planning – Justice Sotomayor’s full-day visit to our campus on November 12, 2012, the first-ever visit of a Supreme Court Justice to Pace Law School – was a wonderful highlight of Michelle’s …

A Dean For All Seasons, Steven H. Goldberg

Pace Law Review

The average tenure of a law school dean in the United States is three years, in large part because the task is both eclectic and difficult. Michelle Simon, the longest tenured Dean at our law school, was able to surpass that average because she was a dean for all seasons: Leadership and care of faculty; attention to student concerns; financial acumen; curricular relevance; keeping the day-to-day operation of a multi-faceted institution on track; maintaining a close but arms-length relationship with the university; and managing external relations on all fronts.

Festschrift For Dean Simon, Jay C. Carlisle

Pace Law Review

Others in the Festschrift will list Dean Simon’s many decanal accomplishments and initiatives, and I join them in their praise. I understand and accept the principle that law school faculty should be primarily engaged in teaching and scholarship, but I will always remember Dean Simon’s commitment to encouraging and supporting faculty involvement in outreach activities that benefit legal reform, the bench and bar, and the citizens of our community and state. I hope her successors will continue her outreach work and wish my old friend and valued colleague Dean Michelle Simon many more years of professional success and personal happiness.

Franz Kafka’S “Before The Law”: A Parable, Geoffrey L. Brackett

Pace Law Review

Despite Francis Bacon’s cautionary note, I have always been a fan of parables, and perhaps the most poignant one to speak for perils of the legal profession is Franz Kafka’s “Vor dem Gesetz” (“Before the Law”), one of the relatively few works to be published in his lifetime. It was seen first in the almanac Vom Jüngsten Tag: Ein Almanach Neuer Dichtung in December 1915 before it was included in his novel Der Prozess (The Trial), which was unpublished in his lifetime. He wrote it at one sitting on December 13, 1914, and in fewer than 650 words, Kafka illustrates …

Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?, Nicola A. Boothe-Perry

Pace Law Review

This article will demonstrate how the unregulated use of social media by participants in the justice system (judges, attorneys and jurors specifically) affects the public perception and subsequently the integrity of our justice system. The article will provide a holistic review of social media use by judges, attorneys and jurors, and demonstrate why their use of social media should be harnessed in a manner to ensure compliance with ethical rules and reduce potential negative effects to the social contract between law and society.

Social media is like a culvert. It catches pictures, novelties, personal profiles, gossip, news, unfiltered opinions, and …

Measuring The Justice Gap: Flaws In The Interstate Allocation Of Civil Legal Services Funding And A Proposed Remedy, Dion Chu, Matthew R. Greenfield, Peter Zuckerman

Pace Law Review

With the supply of legal services not particularly responsive to demand, we conclude that the justice gap could be narrowed simply by reforming the way in which policymakers distribute legal services funds while holding constant the total amount of funds distributed.

In reaching this conclusion, we proceed in two parts. First, drawing largely from Access Across America and LSC data, we analyze the supply of legal services funding across states. Since eligibility for Legal Services Corporation (LSC) funds is principally determined by income (only individuals in households with income at or below 125% of the federal poverty level are LSC …

Towards Engaged Scholarship, John R. Nolon, Michelle Bryan Mudd, Michael Burger, Kim Diana Connolly, Nestor Davidson, Matthew Festa, Jill I. Gross, Lisa Heinzerling, Keith Hirokawa, Tim Iglesias, Patrick C. Mcginley, Sean Nolon, Uma Outka, Jessica Owley, Kalyani Robbins, Jonathan Rosenbloom, Christopher Serkin

Pace Law Review

The presenting question for the 2012 Symposium was how can engaged scholarship enhance teaching to prepare students for the legal profession and help to solve the critical problems of the day.12 The event employed a format designed to discover new ways of thinking about engaged scholarship. Each participant was asked to draft and submit in advance brief reflections on this question. At the Symposium, each professor attended seven breakout sessions held throughout the day. At each of these sessions, one participant presented to a small group of professors for ten minutes on her reflections, pinpointing issues, challenges, and themes involved …

Reversing Course: A Critique Of The Court Of Appeals New Rules For Unjust Enrichment And Criminal Legal Malpractice Actions, Jay C. Carlisle Ii

Elisabeth Haub School of Law Faculty Publications

This article will discuss recent developments by the New York Court of Appeals on the doctrine of unjust enrichment and on the elimination of non-pecuniary damages in criminal legal malpractice actions. Specifically, the article will examine the cases of Georgia Malone & Co. v. Ralph Rieder and Dombrowski v. Bulson.

Effective Keyword Selection Requires A Mastery Of Storage Technology And The Law, Daniel B. Garrie

Pace Law Review

Selecting keywords for searching large volumes of electronically stored information (“ESI”) is an unavoidable, but necessary step in the process of electronic discovery. The parties to a case, or the court, may choose the terms for the search. However, an efficient alternative to both options involves a mediator, neutral, or special master with a thorough understanding of the legal elements of the case and the technology systems that will be subject to keyword search. This alternative can benefit both parties, as well as the court, because a “technology-aware” mediator can expedite an agreement that allows both parties to maintain oversight …

Inconsistent Responsiveness Determination In Document Review: Difference Of Opinion Or Human Error?, Maura R. Grossman, Gordon V. Cormack

Pace Law Review

This Article analyzes the inconsistency between different document review efforts on the same document collection to determine whether that inconsistency is due primarily to ambiguity in applying the definition of responsiveness to particular documents, or due primarily to human error. By examining documents from the TREC 2009 Legal Track, the Authors show that inconsistent assessments regarding the same documents are due in large part to human error. Therefore, the quality of a review effort is not simply a matter of opinion; it is possible to show objectively that some reviews, and some review methods, are better than others.

Social Media And Ediscovery: Emerging Issues, Adam Cohen

Pace Law Review

Courts, as well as private sector and government policymakers, have only just begun to address the practical litigation issues raised by the proliferation of social media channels and content. This Article comments on some of those issues as they relate to electronic discovery (“eDiscovery”) and examines how they have been approached in emerging case law. It does not address proposed legislation on a domestic and international level that may impact social media’s use in litigation, nor does it purport to be in any way comprehensive in its coverage of developments and potential developments in the legal implications of social media.

Continuing The White-Collar Unionization Movement: Imagining A Private Attorneys’ Union, Kimberly Y. Chin

Pace Law Review

Given the still-rebounding legal market and the secrecy that characterized the employment decisions at many of the nation’s top law firms during the height of attorney layoffs, this Article imagines the formation of private attorney labor unions as a possible solution. Part I briefly discusses the National Labor Relations Act of 1935, the primary piece of legislation that governs employees’ right to organize and collectively bargain, focusing primarily on who is covered with particular attention placed on the inclusion of professional employees. Part II introduces an understanding of white-collar professionals as a distinct economic class, highlighting specifically its similarities and …

Race To The Finish Line: Legal Education, Jobs, And The Stuff Dreams Are Made Of, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

It is true that the recession of 2008–2009 seriously undermined the job market for both new and experienced lawyers. It is also true that legal education is expensive, and many students pay for it through loans that have to be repaid after graduation. And it is well documented that some law schools misstated employment and other statistics in the tight, competitive job market of recent years. But connecting the dots in this case does not lead to a conclusion that our system of legal education is bankrupt or that law school is not an excellent career choice for many students. …

"Screening” New York’S New Rules—Laterals Remain Conflicted Out, Fallyn B. Reichert

Pace Law Review

No abstract provided.

Managing A Law Practice: What You Need To Learn In Law School, Gary A. Munneke

Pace Law Review

No abstract provided.

A Tribute To William F. Harrington, Jay C. Carlisle Ii, Richard L. Ottinger

Pace Law Review

No abstract provided.

The Soul Of The Profession, Mario M. Cuomo

Pace Law Review

No abstract provided.

Revealing The Naked Truth About Solos, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Like most tabloid journalism, the truth about solos is a lot less titillating than the headlines. This group of lawyers makes up the largest segment of legal practitioners in New York and every other state in the United States. Outside of metropolitan areas, solos represent the bulk of most law practices, and even a “large” firm in many small towns likely will have five lawyers or fewer.

Maybe Mom And Dad Were Right: Musings On The Economic Downturn, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This issue of the Journal takes a look at the legal profession as it confronts the most serious economic downturn since the Great Depression, but the focus is not on what went wrong, or why. The articles in this issue examine how lawyers and law firms can survive, and thrive again when the economy improves.

Women And The Law: How Far We've Come And Where We Need To Go, Michelle S. Simon

Pace Law Review

No abstract provided.