Legal Profession Commons^™

Lost In The Compromise: Free Speech, Criminal Justice, And Attorney Pretrial Publicity, Margaret Tarkington

Margaret C Tarkington

Publicity by the prosecution and defense in the criminal proceedings against George Zimmerman again raised the question of the appropriate scope of First Amendment protection for attorney pretrial publicity. The Supreme Court, the Model Rules of Professional Conduct, and many scholars have viewed restrictions on attorney pretrial publicity as a compromise between the constitutional guarantees of free speech and a fair trial. Nevertheless, scholars advocate widely divergent levels of free speech protection for attorney pretrial publicity—ranging from core free speech protection to extremely limited protection. Traditional First Amendment doctrines fail to elucidate the proper scope of free speech rights for …

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 …

Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun

Daniel M Braun

In this new Millennium -- an era of increasingly complex cases -- it is critical that lawyers keep a keen eye on trial strategy and tactics. Although scientific evidence today is more sophisticated than ever, the art of effectively engaging people and personalities remains prime. Scientific data must be contextualized and presented in absorbable ways, and attorneys need to ensure not only that they correctly understand jurors, judges, witnesses, and accused persons, but also that they find the means to make their arguments truly resonate if they are to formulate an effective case and ultimately realize justice. A decades-old case …

Panelist, Can Law Schools Prepare Students To Be Practice Ready?, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.

Strategic Austerity: How Some Law School Affordability Initiatives Could Actually Improve Learning Outcomes, R. Michael Cassidy

R. Michael Cassidy

The legal profession is facing profound and perhaps irreversible changes. Whether you view these striking demographics as a “crisis” likely depends on the location of your perch. If you are a tenured professor at a T14 law school or a senior partner at an NLJ 250 firm, you may view the trends we have been discussing today as cyclical corrections. If you are an unemployed graduate looking for work or an untenured professor at a lower-tier school that is struggling to stay afloat, you may be more likely to view these trends as permanent and paradigm shifting.

While applications to …