Law Commons^™

Changemakers: Juris Doctorate: Saad Ahmad: Immigration Lawyer Saad Ahmad L'00 Shows That Appellate Practice Isn't Just For Large Firms, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

A Fireside Chat With A Senator Sheldon Whitehouse, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Law Library Blog (May 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Law Library Blog (March 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Law Library Blog (October 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

A False Sense Of Security: How Congress And The Sec Are Dropping The Ball On Cryptocurrency, Tessa E. Shurr

Dickinson Law Review (2017-Present)

Today, companies use blockchain technology and digital assets for a variety of purposes. This Comment analyzes the digital token. If the Securities and Exchange Commission (SEC) views a digital token as a security, then the issuer of the digital token must comply with the registration and extensive disclosure requirements of federal securities laws.

To determine whether a digital asset is a security, the SEC relies on the test that the Supreme Court established in SEC v. W.J. Howey Co. Rather than enforcing a statute or agency rule, the SEC enforces securities laws by applying the Howey test on a fact-intensive …

Law Library Blog (September 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Law Library Blog (January 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Keeping Faith With Nomos, Steven L. Winter

Touro Law Review

No abstract provided.

Law Library Blog (January 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Law Library Blog (November 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

According To The Dean: Public Service And Public Service Loan Forgiveness: A Commitment To Our State And Our Nation, Austen Parrish

Austen Parrish (2014-2022)

A student loan bill proposed by Congress is troublesome for those who worry about encouraging our best and brightest to commit to state and national service. Among other provisions, the bill – known as the PROSPER Act – would eliminate the Public Service Loan Forgiveness (PSLF) Program. The repeal apparently will do little for the federal budget, but the predictions are it will adversely affect government, the military and public-interest organizations that have relied on the program for attracting and retaining talent.

Hidden among the partisan rhetoric are issues of real importance to the state – and compelling stories about …

Preparing For The Law Library Of The Future: Required Reading, Shannon M. Roddy

Newsletters & Other Publications

Law Library Lights, vol. 60, issue 3

Am I A “Licensed Liar”?: An Exploration Into The Ethic Of Honesty In Lawyering . . . And A Reply Of “No!” To The Stranger In The La Fiesta Lounge, Josiah M. Daniel Iii

St. Mary's Journal on Legal Malpractice & Ethics

After hearing for the first time the lawyer-disparaging phrase, “licensed liar,” the author investigated its significance. This article presents the question of those two words’ meaning and explains how the author reached the conclusion that, as applied to attorneys, the phrase is an unmerited epithet. The phrase is known and utilized in nonlegal texts in fields such as fiction, poetry, literary criticism, and journalism, but the two words are absent from legal texts. The author’s discovery of the phrase in various criticisms of lawyers in other publications illuminates and confirms that the phrase constitutes the pejorative allegation that an attorney …

The Voting Rights Act And The "New And Improved" Intent Test: Old Wine In New Bottles, Randolph M. Scott-Mclaughlin

Touro Law Review

No abstract provided.

Shooing The Vultures Away From The Consumer Bankruptcy Carcass: Attorney Fees Owed By Debtors For Marital Dissolution Are Not Domestic Support Obligations, Christopher V. Davis

University of Massachusetts Law Review

This Note will focus on consumer bankruptcy related to chapter 7 and chapter 13 filings. Section I provides an introduction to DSOs and the goals of enforcing them through bankruptcy. Section I also discusses the impact of DSO status on the automatic stay, discharge, priority status for property distribution of the bankruptcy estate, capability to reach exempt property, and application to attorney fees. Section II argues that, where attorney fees are not owed to a spouse, former spouse, or child, and do not fit within an impact exception, the fees are not DSOs, but instead are merely general non-secured claims. …

The Ethics Of Lobbying Under The District Of Columbia Rules Of Professional Conduct, Michael S. Frisch

Georgetown Law Faculty Publications and Other Works

The District of Columbia is the epicenter of lobbying in the United States. With the presence of the Congress, the Executive Branch and its various Departments and independent agencies, few industries, trade associations or large businesses lack a Washington-based government relations arm. Law firms and lawyers fill in the gaps for those entities that lack a Washington presence or supplement in-house staffing with additional expertise and contacts.

Under these circumstances, it should come as no surprise that the bar authorities in the District of Columbia have examined the issue of lawyers and lobbying and implemented rules that differ from the …

Where Did My Privilege Go? Congress And Its Discretion To Ignore The Attorney-Client Privilege, Don Berthiaume, Jeffrey Ansley

Don R Berthiaume

“The right to counsel is too important to be passed over for prosecutorial convenience or executive branch whimsy. It has been engrained in American jurisprudence since the 18th century when the Bill of Rights was adopted... However, the right to counsel is largely ineffective unless the confidential communications made by a client to his or her lawyer are protected by law.”[1] So said Senator Arlen Specter on February 13, 2009, just seven months before Congress chose to ignore the very privilege he lauded. Why then, if the right to counsel is as important as Senator Specter articulated, does Congress maintain …

Abuse Prevention 2005, James J. White

Articles

Today I do not debate the empirical question (what is the cause of the increase in bankruptcy filings?) nor do I address the buried moral question (who deserves the protection of bankruptcy law?). Rather, I speculate about the consequences of 2005 amendments to the Bankruptcy Code and about the reasons it will achieve or fail to achieve the goals of its sponsors. Along the way I hope to learn something about how law changes, or fails to change behavior.

Blame It On The Bee Gees: The Attack On Trial Lawyers And Civil Justice, Robert S. Peck, John Vail

NYLS Law Review

No abstract provided.

Not So Great Moments In Trial Advocacy: Clement Vallandigham, Richard H. Underwood

Law Faculty Scholarly Articles

The subject of this comment is "The Lawyer as Hero." Being the contrarian that I am, I thought I would present the story of someone who I do not consider to have been a hero—Clement L. Vallandigham. History has not been kind to him. I am sure those of you who do remember his name think of him as a traitor and a rascal—a loathsome individual. But to some, and for a time, he was a hero and a champion in court. This just goes to show that one person's hero is another person's goat.

Independent Counsel And Vigorous Investigation And Prosecution, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This essay draws on the examples of Watergate and Iran-Contra to offer a new perspective on Independent Counsel and their ability to investigate and prosecute high-level wrongdoing. The current consensus is that an Independent Counsel, appointed by judges of the special court pursuant to the Ethics in Government Act, will invariably investigate and prosecute crimes more vigorously than a Special Prosecutor appointed by the President or the Attorney General. Watergate and Iran-Contra suggest, however, that there are institutional and political factors that make analysis of the comparative tendencies of the two types of prosecutors more complex and dependent on circumstance. …

Section 1983, Honorable George C. Pratt, Martin A. Schwartz, Leon Friedman

Touro Law Review

No abstract provided.

Making Uncle Sam Pay: A Review Of Equal Access To Justice Act Cases In The Sixth Circuit, 1983-1987, Martin Geer, Paul D. Reingold

Articles

Despite the recent admonition of the Supreme Court that a "request for attorneys' fees should not result in a second major litigation,"12 the courts have been frequently called on to interpret the often ambiguous language of the EAJA. The U.S. Court of Appeals for the Sixth Circuit has not been spared this difficult chore. While the 1985 amendments have clarified some provisions of the Act and affected some major decisions in the Sixth Circuit, the recent changes have also left other previously settled areas in a state of flux. This article will review the Sixth Circuit's EAJA decisions from 1983-1987, …

Note: United States V. Harvey: Are Criminal Defense Fees More Vulnerable Than Necessary?, Eric Easton

All Faculty Scholarship

In United States v. Harvey, the United States Court of Appeals for the Fourth Circuit held that Congress may not constitutionally require convicted racketeers and drug traffickers to forfeit property used to pay legitimate defense attorney fees. To the extent that such forfeitures and related pre-conviction restraints on transfer are authorized by provisions of the Comprehensive Forfeiture Act of 1984 (the Act), those provisions violate an accused's right to counsel of choice as secured by the Sixth Amendment.This article argues that the court's holding in Harvey was more narrowly drawn than necessary, and that as a consequence criminal defense attorney …

Appealability, Under The Collateral Order Doctrine, Of Orders Denying Motions For Appointment Of Counsel In Federal Civil Litigation After Richardson-Merrell, Inc. V. Koller, Kevin G. Dumbach

Touro Law Review

No abstract provided.

Women In The Law, James J. White

Articles

IN 1869 Belle A. Mansfield, reputedly the first female lawyer admitted to practice in the United States, was admitted to the state bar of Iowa. Others soon followed her and this dribble of women entering the legal profession has grown to a persistent and continuous trickle in the twentieth century, but it shows no signs of becoming a flood. At last count approximately 7,000 out of America's 300,000 listed lawyers were women. Since the practice of law-even in the most masculine and aggressive Perry Mason style-does not require a strong back, large muscles, or any of the other peculiarly male …