Law Commons^™

Changemakers: From The Classroom To The Courtroom: Miguel Garcia, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Clients And Lawyers Unite: The Dysfunction Of Law Firm Teams Need A Cure, Joseph Regalia, David Wallace

Scholarly Works

Attorneys and clients have made clear: Dysfunctional law firm teams are not working. Gone are the days when lawyers had to quietly endure poor management, poor planning, and all-around poor work dynamics. Growing pressure on lawyers to get more efficient and produce more value—and a welcome focus on lawyer wellbeing—means that law firms can no longer ignore their responsibility to cultivate better workplaces.

It is no secret that law firm lawyers consistently rank as among the least happy workers in the world. And team dynamics—how attorneys and other legal professionals work together—may be a bigger piece of that puzzle than …

Race And Entrepreneurship: Reclaiming Narratives, Priya Baskaran, Alicia E. Plerhoples

Georgetown Law Faculty Publications and Other Works

This essay makes the case for engaging in counter-narratives and inclusive storytelling within the transactional clinic curriculum. The authors leverage lessons from Critical Race Theory to amplify the voices and experiences of underrepresented entrepreneurs and marginalized communities in both clinic seminar and selected casework. In doing so, we challenge hegemonic narratives of entrepreneurship and expose our law students to the presence and impact of interlocking systems of subordination that minimize the existence and contributions of entrepreneurs of color. We challenge our law students and ourselves to become more creative and thoughtful lawyers to a more inclusive and diverse set of …

The First Woman Dean Of A Texas Law School: Barbara Bader Aldave At St. Mary's University, Vincent R. Johnson

Faculty Articles

Long-time St. Mary's law professor Vincent Johnson details the arrival and tenure of Barbara Bader Aldave as Dean of St. Mary's University School of Law.

How Not To Lie: A Don't-Do-It-Yourself Guide For Litigators, Leonard Niehoff

Articles

Over the past few years, a number of high-profile attorneys have been sanctioned or suspended from the practice of law because they lied. The instance that probably received the greatest media attention came in June of 2021, when the Appellate Division of the Supreme Court of the State of New York ordered the immediate suspension of Rudy Giuliani’s license because he had made demonstrably false statements to the courts, lawmakers, and the public at large concerning the 2020 presidential election. In a 33- page opinion, the court considered the arguments Giuliani raised in his defense but concluded that his pants …

Dethroning Langdell, Beth H. Wilensky

Articles

I come not to bury the case method. I come merely to dethrone it. While the case method’s monopolistic hold on the law school classroom has loosened somewhat in recent years, it is still the dominant approach to pedagogy in many law school classrooms—and especially in the first-year law student experience. That is also true of the case method’s traditional pedagogical partners, the Socratic method and the cold call: their dominance has declined somewhat, even while they still have remarkable staying power.

This Essay identifies one fault with our continued acquiescence to these pedagogical mainstays of law school classrooms: it …

Shortlisted: A Conversation Between Judge Diane Wood, Renee Knake Jefferson, And Hannah Brenner Johnson, Renee Newman Jefferson, Hannah Brenner Johnson, Diane P. Wood

Faculty Scholarship

This article includes an edited excerpt from the introduction to Shortlisted: Women in the Shadows of the Supreme Court and a discussion with the book's authors led by Judge Diane Wood, a senior judge of the United States Court of Appeals for the Seventh Circuit. They discuss the book, the women who were passed over for seats on the Court, and the lessons their stories offer — for women judges and the legal profession as a whole.

The Role Of The Aba’S “Summits” In Facilitating Global Networks And International Cross-Border Legal Practice, Laurel Terry

Faculty Scholarly Works

This Article was written for a Symposium honoring recently-retired Professor Bob Lutz. It describes fourteen gatherings that were organized by either the ABA Section of International Law’s Transnational Legal Practice Committee or by the predecessor entities to the ABA Standing Committee on International Trade in Legal Services. Professor Lutz was a driving force behind these gatherings, which were held between 2004 and 2014, and were referred to by the organizers as “Summits.” This Article examines the impact of these Summits and explains why they played a critical role in helping establish global legal profession networks among U.S. legal profession stakeholders …

Unsettling Human Rights Clinical Pedagogy And Practice In Settler Colonial Contexts, Jocelyn Getgen Kestenbaum, Caroline Bishop Laporte

Articles

In settler colonial contexts, law and educational institutions operate as structures of oppression, extraction, erasure, disempowerment, and continuing violence against colonized peoples. Consequently, clinical legal advocacy often can reinforce coloniality--the logic that perpetuates structural violence against individuals and groups resisting colonization and struggling for survival as peoples. Critical legal theory, including Third World Approaches to International Law (“TWAIL”), has long exposed colonial laws and practices that entrench discriminatory, racialized power structures and prevent transformative international human rights advocacy. Understanding and responding to these critiques can assist in decolonizing international human rights clinical law teaching and practice but is insufficient in …

Trauma-Informed (As A Matter Of) Course, Natalie Netzel

Faculty Scholarship

Law students are impacted by trauma and law professors are in a position to help by adopting a trauma-informed approach as a matter of universal precaution. The 2021 Survey of Law Student Well-Being (“SLSWB”) revealed that over twenty percent of responding law students meet criteria that indicate they should be evaluated for post-traumatic stress disorder (“PTSD”). The study also revealed that almost fifty percent of responding students reported an important motivation for attending law school was experiencing a trauma or injustice. Put differently, law schools are full of law students who have experienced trauma, many of whom are actively struggling …

Disrupting Data Cartels By Editing Wikipedia, Eun Hee Han, Amanda Levendowski, Jonah Perlin

Georgetown Law Faculty Publications and Other Works

Legal discourse in the digital public square is driven by memoranda, motions, briefs, contracts, legislation, testimony, and judicial opinions. And as lawyers are taught from their first day of law school, the strength of these genres of legal communication is built on authority. But finding that authority often depends on a duopoly of for-profit legal research resources: Westlaw and Lexis. Although contemporary legal practice relies on these databases, they are far from ethically neutral. Not only are these “data cartels” expensive-- creating significant access to justice challenges--they also are controlled by parent companies that profit by providing information to Immigration …

Unmasking Aall’S Idea Special Committee: A Closer Look At The Committee’S Process For Creating Aall’S New Diversity, Equity & Inclusion Policy, Ronald E. Wheeler

Faculty Scholarship

The goal of this column is to describe the process used by the American Association of Law Libraries (AALL) Inclusion, Diversity, and Equity Awareness (IDEA) Special Committee, which provided the foundation and resources for AALL to create the new Diversity, Equity & Inclusion Policy. The committee, initially appointed and charged by the 2020 AALL President Emily R. Florio, began meeting in 2020, and started its work with discussions aimed at defining and narrowing the scope of its charge and finding consensus on what we were setting out to accomplish. During this initial stage, our discussions helped us find commonality to …

Law Libraries And Sustainability Of Judicial Precedent In Nigerian Legal System, Emmanuel Owushi Dr

Library Philosophy and Practice (e-journal)

The study adopted descriptive study to examine law libraries and sustainability of judicial precedent in Nigerian legal system. The population involved legal educators, law librarians and practitioners in four States in different geopolitical zones of Nigeria, namely Rivers State, Lagos State, Benue State, and Anambra State. Due to the large population, the study employed multi-stage of balloting and random sampling techniques to sample 100 respondents each from the selected states. Out of the 400 samples, 389 respondents responded correctly to the questionnaire, indicating a 97.3 percent response rate. A self-designed questionnaire was utilized and means score was used to answer …

The Failed Idea Of Judicial Restraint: A Brief Intellectual History, Susan D. Carle

Articles in Law Reviews & Other Academic Journals

This essay examines the intellectual history of the idea of judicial restraint, starting with the early debates among the US Constitution’s founding generation. In the late nineteenth century, law professor James Bradley Thayer championed the concept and passed it on to his students and others, including Oliver Wendell Holmes Jr., Learned Hand, Louis Brandeis, and Felix Frankfurter, who modified and applied it based on the jurisprudential preoccupations of a different era. In a masterful account, Brad Snyder examines Justice Frankfurter’s attempt to put the idea into practice. Although Frankfurter arguably made a mess of it, he passed the idea of …

Hierarchy, Race & Gender In Legal Scholarly Networks, Nicholson W. Price, Keerthana Nunna, Jonathan Tietz

Articles

A potent myth of legal academic scholarship is that it is mostly meritocratic and mostly solitary. Reality is more complicated. In this Article, we plumb the networks of knowledge co-production in legal academia by analyzing the star footnotes that appear at the beginning of most law review articles. Acknowledgments paint a rich picture of both the currency of scholarly credit and the relationships among scholars. Building on others’ prior work characterizing the potent impact of hierarchy, race, and gender in legal academia more generally, we examine the patterns of scholarly networks and probe the effects of those factors. The landscape …

Depoliticizing Federal Prosecution, Bruce Green, Rebecca Roiphe

Articles & Chapters

There is broad agreement that federal prosecutors should not use their power to pursue partisan political objectives, but there is stark disagreement about how to prevent them from abusing their power in this way. Geoffrey Berman, a former United States Attorney for the Southern District of New York, recently argued that U.S. Attorneys should have complete autonomy and independence from the Attorney General and administration. Attorney General Bill Barr, in contrast, has insisted that Attorneys General should have full control over prosecutors so the administration can be held politically accountable. Neither view fully addresses the problem. Barr minimizes the significant …

Hoffmann, Robel Honored At Retirement Ceremony, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Two legendary members of the Indiana Law community were honored at a retirement ceremony November 16 in the Indiana Memorial Union.

Friends, family, and colleagues gathered to celebrate the remarkable careers of Professor Joe Hoffmann and Dean Emerita Lauren Robel. While both have retired from the Law School, Dean Christiana Ochoa said she is grateful that both continue to be deeply involved in various projects.

Creating Shared Understanding: Preparing Students For A Modern Client Base, Jaclyn Celebrezze, Mireille Butler

Presentations

The Legal Writing Institute hosted a series of one-day workshops at various law schools, including at CWRU, where the theme of the workshops was "Preparing Students for the Modern Practice of Law." This presentation discusses how to prepare students for a modern, globalized client base, and provides tips and tools to help create a shared understanding between clients and future practitioners.

U.S. Senate Confirms Judge Doris Pryor ’03 To Seventh Circuit, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The United States Senate on Monday (Dec. 5) confirmed an Indiana University Maurer School of Law alumna to the U.S. Court of Appeals for the Seventh Circuit.

The confirmation of the Hon. Doris L. Pryor, who earned her law degree from the Law School in 2003, was historic.

Ethical Implications Of Law Practice Technology, Eliza Boles

Scholarly Works

The following CLE materials were prepared by Eliza Boles for presentation on December 6, 2022. Materials were approved by the Tennessee Commission on Continuing Legal Education for two hours of mandated ethics credit.

December 2022 Newsletter

Ergo

No abstract provided.

Dean’S Desk: The Iu Maurer School Of Law And The Indiana Supreme Court, Christiana Ochoa

Christiana Ochoa (7/22-10/22 Acting; 11/2022-)

On Nov. 1, my first day as the 17th dean of the Indiana University Maurer School of Law, I attended the robing ceremony for Derek Molter, Indiana’s 111th Supreme Court justice. This public ceremony was an opportunity for those in attendance to celebrate Justice Molter’s formal swearing in, which had occurred privately on Sept. 1. For the IU Maurer School of Law, it was also an opportunity to celebrate Justice Molter joining three other IU Maurer alumni on the five-person court.

Established in 1816, the court precedes our law school by about 30 years. Still, for most of Indiana’s history, …

Law School News: 'More Than I Ever Could Have Asked For...', Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Vol. 63, No. 13 (November 21, 2022)

Indiana Law Annotated

No abstract provided.

Vol. 63, No. 12 (November 14, 2022)

Indiana Law Annotated

No abstract provided.

Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Vol. 63, No. 11 (November 7, 2022)

Indiana Law Annotated

No abstract provided.

Justice For All: Demanding Accessibility For Underrepresented Communities In The Law: A Roger Williams University Law Review, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Two New Faculty Members, Three Visiting Professors Join Indiana Law In 2022-23, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The Indiana University Maurer School of Law is proud to welcome Andrew Hammond to the faculty beginning in January 2023.

Hammond is currently an associate professor of law at the University of Florida Levin College of Law, where he writes and teaches in the areas of administrative law, civil procedure, and poverty law.

Practice Makes Professionalism, Virginia C. Thomas

Library Scholarly Publications

This column highlights three diverse examples of legal professionalism in our community.