Legal Profession Commons^™

Foreword, The Honorable L. A. Harris Jr.

University of Richmond Law Review

“Your writing is so bad you will not be considered for Law Review and there is some question about your admittance to Law School.”

Life is strange and ironic. In 1974 as a second year law student at the T. C. Williams School of Law at the University of Richmond, I was invited to submit an article to determine if I would be permitted to serve on the Law Review. A member of the Law Review evaluated my article and met with me. In summation he said my writing was so bad that I would not be considered for Law …

2023 Women In Robes, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Law School News: A Courtroom Drama Worth Watching 10-22-2023, Suzi Morales

Life of the Law School (1993- )

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Ethics At The Speed Of Business, James A. Doppke Jr.

DePaul Business & Commercial Law Journal

This paper discusses several ways in which the Illinois Rules of Professional Conduct, and the Illinois Supreme Court Rules, construct barriers that prevent lawyers and businesses from accomplishing reasonable commercial goals. Often, those barriers arise from outdated concepts, or terminology that does not reflect current business realities. The paper argues for the amendment of specific Rules to enhance lawyers’ and businesses’ respective abilities to conduct their affairs more efficiently, without sacrificing public protection in the process.

Law School News: A More Perfect Union Through A Diverse Judiciary 08-07-2023, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.

The Unfulfilled Promise Of Self-Determination In Court-Connected Mediation, Peter Reilly

Faculty Scholarship

In the context of mediation, party self-determination refers to the ability of disputants to have power, control, and autonomy in the process. There are numerous process design questions involved in running a mediation, no matter its subject matter. Consider just one example: “Should the mediation be conducted in-person, or virtually?” The answer to this question can have a profound impact on the direction and course of a mediation, including its outcome. Yet, in the context of court-connected mediation, disputing parties are not consistently provided the opportunity to give input on how such process design questions are resolved. In fact, these …

Legal Clutter: How Concurring Opinions Create Unnecessary Confusion And Encourage Litigation, Meg Penrose

Faculty Scholarship

Good judges are clear writers. And clear writers avoid legal clutter. Legal clutter occurs when judges publish multiple individually written opinions that are neither useful nor necessary. This essay argues that concurring opinions are the worst form of legal clutter. Unlike majority opinions, concurring opinions are legal asides, musings of sorts—often by a single judge—that add length and confusion to an opinion often without adding meaningful value. Concurring opinions do not change the outcome of a case. Unlike dissenting opinions, they do not claim disagreement with the ultimate decision. Instead, concurring opinions merely offer an idea or viewpoint that failed …

Bureaucratic Overreach And The Role Of The Courts In Protecting Representative Democracy, Katie Cassady

Helm's School of Government Conference - 2021-2024

Although only four departments at the United States’ founding, the American bureaucracy has expanded to address nearly every issue of public life. While these agencies are ostensibly under congressional oversight through monetary allowance and the supervision of the President as part of the executive branch, they consistently usurp their discretionary authority and bypass the Founders’ design of legislative power vested solely in a bicameral legislature.

The Supreme Court holds an indispensable role in mitigating the overreach of bureaucratic agencies. However, despite their obligation to protect the rights of the American people, the courts’ inability to hold bureaucrats accountable has diluted …

Peran Notaris Pada Pembuatan Akta Jaminan Fidusia Dengan Objek Jaminan Berupa Hak Cipta, Abiandri Fikri Akbar

Indonesian Notary

Undang Undang Nomor 28 Tahun 2014 Tentang Hak Cipta mengatur bahwa Hak Cipta sebagai benda bergerak tidak berwujud dapat dijadikan sebagai objek jaminan fidusia. Pada Undang-Undang Nomor 42 Tahun 1999 tentang Jaminan Fidusia diatur bahwa pembebanan benda jaminan fidusia harus dibuat dengan akta notaris dengan setidak-tidaknya memuat nilai benda yang menjadi objek jaminan fidusia.. Hal tersebut menimbulkan permasalahan terutama mengenai mekanisme penilaian dan pemuatan hak cipta sebagai jaminan karena sifatnya yang merupakan benda bergerak tidak berwujud sehingga sulit untuk dinilai. Penelitian ini dilakukan secara yuridis-normatif dengan melakukan lapangan wawancara terhadap pihak yang berkaitan dengan pembuatan akta jaminan fidusia. Tujuan dari …

Konsep Dan Bentuk Perlindungan Hak Penguasaan Atas Tanah Masyarakat Hukum Adat Di Indonesia (Studi Kasus Putusan Pengadilan Negeri Balige No. 42/Pdt.Plw/2016/Pn Blg), Ernila Erfa

Indonesian Notary

Tanah Ulayat merupakan tanah yang dikuasai secara bersama oleh warga masyarakat hukum adat, di mana pengaturan pengelolaannya dilakukan oleh pemimpin adat (Kepala Adat) dan pemanfaatannya diperuntukan baik bagi warga masyarakat hukum adat yang bersangkutan maupun orang luar. Untuk dapat menyatakan bahwa suatu hak ulayat di suatu tempat tertentu masih eksis, ada tiga unsur pokok yang harus dipenuhi yaitu unsur masyarakat, unsur wilayah dan unsur hubungan antara masyarakat hukum adat dengan wilayahnya. Terdapat dua permasalahan dalam penelitian ini yakni pembuktian atas pemilikan tanah adat berdasarkan UUPA dan pertimbangan hakim pada Putusan Pengadilan Negeri No. 42/Pdt.Plw/2016/Pn Blg serta konsep dan bentuk perlindungan …

Law School News: Joyce And Bill Cummings Of Cummings Foundation To Deliver Keynote Address At Rwu Commencement 4-20-2023, Jill Rodrigues

Life of the Law School (1993- )

No abstract provided.

Law School News: A Voice For Justice 3-1-2023, Janine L. Weisman, Roger Williams University School O Law

Life of the Law School (1993- )

No abstract provided.

101 Lawyers: Attorney Appearances In Twitter V. Musk, Andrew K. Jennings

Faculty Articles

In summer 2022, Twitter sued Elon Musk, the world’s richest person, in Delaware’s Court of Chancery over his refusal to close his agreed-to $44 billion acquisition of the social-media company. Twitter v. Musk had the makings of corporate law’s trial of the century. Leading law firms represented Twitter, Musk, and third parties in a dispute with enormous financial, social, and political implications. In the lead up to trial, however, Musk relented and closed the deal. The corporate trial of the century was a bust, over almost as soon as it began.

But in the meantime, in Twitter’s eighty-six days …

Thoughts On Law Clerk Diversity And Influence, Todd C. Peppers

Scholarly Articles

It is my great good fortune to have been asked to comment on the remarkable Article Law Clerk Selection and Diversity: Insights from Fifty Sitting Judges of the Federal Courts of Appeals by Judge Jeremy D. Fogel, Professor Mary S. Hoopes, and Justice Goodwin Liu. Drawing on a rich vein of data gathered pursuant to a carefully crafted research design and extensive interviews, the authors provide the most detailed account to date regarding the selection criteria used by federal appeals court judges to select their law clerks. The authors pay special attention to the role that diversity plays in picking …

Bad Faith Prosecution, Ann Woolhandler, Jonathan R. Nash, Michael G. Collins

Faculty Articles

There is no shortage of claims by parties that their prosecutions are politically motivated, racially motivated, or just plain arbitrary. In our increasingly polarized society, such claims are more common than ever. Donald Trump campaigned on promises to lock up Hillary Clinton for her handling of State Department-related emails, but he subsequently complained that the special counsel's investigation of his campaign's alleged contacts with Russian operatives was a politically motivated witch hunt. Kenneth Starr's pursuit of investigations of Bill Clinton evoked similar arguments of political motivation.

The advent of "progressive" prosecutors will no doubt increase claims of bad faith prosecution, …

Social Media On Trial: How The Supreme Court Could Permanently Alter The Future Of The Internet By Limiting Section 230'S Broad Immunity Shield, J. Tyler Wampler

Tennessee Law Review

Section 230 of the Communications Decency Act has allowed the internet to develop and flourish at an unprecedent pace. The law has been interpreted broadly to grant immunity to interactive computer services like social media platforms from liability for content posted by users. Wielding this immunity, internet platforms are empowered to act innovatively without fear of frivolous lawsuits. However, there are ongoing concerns that this broad interpretation shields modern tech companies from liability for actions that were never intended to be protected.

Two companion cases interpreting Section 230 are currently before the U.S. Supreme Court, where the Court is being …

Vega V. Tekoh, Elizabeth M. Hudson

Tennessee Law Review

No abstract provided.

Legal Philosophy For Lawyers In The Age Of A Political Supreme Court, Patrick J. Borchers

Tennessee Law Review

Legal Philosophy has long been concerned with the question of what brands a norm as legal, as opposed to a non-legal norm of justice or morality. This central question has occupied the attention of philosophers and lawyers for centuries. Roughly speaking, the Naturalist school contends that legal norms are inextricably intertwined with norms of morality and justice (and in its strongest form contends that law-like pronouncements that are immoral or unjust are not fully laws), while the Positivist school argues that a social construct (often called the Rule of Recognition) brands selected norms as legal, and thus legal norms may …

Educating Judges & Advancing Inclusion: The Evolution Of Gendered Language In U.S. Courts, Sarah Mcconnell

Roger Williams University Law Review

No abstract provided.

The World The Fire Wrought: A Tribute To Fran Ansley - Part 1, Jennifer Gordon

Tennessee Law Review

No abstract provided.

Professor Muneer Ahmad's Comments - Panel 2, Muneer Ahmad

Tennessee Law Review

No abstract provided.

Professor Sherley Cruz's Comments - Panel 2, Sherley Cruz

Tennessee Law Review

No abstract provided.

Cecilia Prado's Comments - Phase 2, Cecilia Prado

Tennessee Law Review

No abstract provided.

Dr. Meghan Conley's Comments - Panel 2, Meghan Conley

Tennessee Law Review

No abstract provided.

Jj Rosenbaum's Comments - Panel 2, Jj Rosenbaum

Tennessee Law Review

No abstract provided.

Reconstructing The Past And Our Reconstruction Present: The Long Struggle To Teach Divisive Concepts - Panel 3, Robert D. Bland

Tennessee Law Review

"In our present moment, as we see just as many signs of a Third 'Redemption,' as we see of a Third Reconstruction, it is important to remember the previous struggles over history and memory ..."

Histories For Our Present And Future Struggles - Panel 3, Jessica Wilkerson

Tennessee Law Review

"Working out how to build democratic movements and institutions in the South and beyond requires understanding the impact of oppressive systems on people, from those people ..."

Van Turner's Comments - Panel 3, Van D. Turner Jr.

Tennessee Law Review

No abstract provided.

Remembering The Bottom: The Street And Feets Exhibit - Panel 3, Enkeshi El-Amin

Tennessee Law Review

'Almost seventy years after a neighborhood is destroyed, how is it remembered? ... What I learned in trying to answer this question is that with public memory being a site of contestation, it depends on who you ask ..."