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Articles 1 - 6 of 6
Full-Text Articles in Legal Profession
Bringing Light To The Halls Of Shadow, Richard J. Peltz-Steele
Bringing Light To The Halls Of Shadow, Richard J. Peltz-Steele
Richard J. Peltz-Steele
Appellate judges operate in the shadows. Though they don’t see it that way. “We are judged by what we write,” said U.S. Supreme Court Justice Anthony Kennedy. True too, court proceedings and records are presumptively open to the public. The West Wing of the White House is certainly not so vulnerable to public scrutiny, and the backrooms of legislative chambers are famously smoke-filled. Yet the parts of court activity that we see and hear seem only to whet our appetite for the rest of the process. In this Preface, the author introduces the subject of the journalist and the court, …
Has Skinner Killed The Katz? Are Society's Expectations Of Privacy Reasonable In Today's Techological World?, Jason Forcier
Has Skinner Killed The Katz? Are Society's Expectations Of Privacy Reasonable In Today's Techological World?, Jason Forcier
Jason Forcier
The right to privacy has and will remain a hotly contested debate about American liberties. In 2012, a 3-0 decision by the Sixth Circuit Court of Appeals, in United States v. Melvin Skinner, the court held that there is no “reasonable expectation of privacy in the data given off by. . . cellphone[s].” Given today’s explosion of cellular technology and use of smart phones, is it unreasonable to believe a person should remain secure in their "person" and “effects," as guaranteed under the Fourth Amendment, from unreasonable searches and seizures? Furthermore, with police requiring only a subpoena to a obtain …
Bad Briefs, Bad Law, Bad Markets: Documenting The Poor Quality Of Plaintiffs’ Briefs, Its Impact On The Law, And The Market Failure It Reflects, Scott A. Moss
Scott A Moss
For a major field, employment discrimination suffers surprisingly low-quality plaintiff’s lawyering. This Article details a study of several hundred summary judgment briefs, finding as follows: (1) the vast majority of plaintiffs’ briefs omit available caselaw rebutting key defense arguments, many falling far below basic professional standards with incoherent writing or no meaningful research; (2) low-quality briefs lose at over double the rate of good briefs; and (3) bad briefs skew caselaw evolution, because even controlling for won/loss rate, bad plaintiffs’ briefs far more often yield decisions crediting debatable defenses. These findings are puzzling; in a major legal service market, how …
Report To The Connecticut Judicial Branch Access To Justice Commission, Melanie B. Abbott, Leslie C. Levin, Stephen Wizner
Report To The Connecticut Judicial Branch Access To Justice Commission, Melanie B. Abbott, Leslie C. Levin, Stephen Wizner
Leslie C. Levin
No abstract provided.
The Court And The Visual: Images And Artifacts In U.S. Supreme Court Opinions, 88 Chicago-Kent Law Review 331 (2013) (Symposium)., Nancy S. Marder
The Court And The Visual: Images And Artifacts In U.S. Supreme Court Opinions, 88 Chicago-Kent Law Review 331 (2013) (Symposium)., Nancy S. Marder
Nancy S. Marder
No abstract provided.
The "Reason Giving" Lawyer: An Ethical, Practical, And Pedagogical Perspective, Donald J. Kochan
The "Reason Giving" Lawyer: An Ethical, Practical, And Pedagogical Perspective, Donald J. Kochan
Donald J. Kochan
Whether as a matter of duty or utility, lawyers give reasons for their actions all the time. In the various venues in which legal skills must be employed, reason giving is required in some, expected in others, desired in many, and useful in most. This Essay underscores the pervasiveness of reason giving in the practice of law and the consequent necessity of lawyers developing a skill at giving reasons. This Essay examines reason giving as an innate human characteristic related directly to our need for answers and our constant yearning to understand the answer to the question “why.” It briefly …