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The History, Meaning, And Use Of The Words Justice And Judge, Jason Boatright 2018 Texas Fifth Court of Appeals

The History, Meaning, And Use Of The Words Justice And Judge, Jason Boatright

St. Mary's Law Journal

The words justice and judge have similar meanings because they have a common ancestry. They are derived from the same Latin term, jus, which is defined in dictionaries as “right” and “law.” However, those definitions of jus are so broad that they obscure the details of what the term meant when it formed the words that eventually became justice and judge. The etymology of jus reveals the kind of right and law it signified was related to the concepts of restriction and obligation. Vestiges of this sense of jus survived in the meaning of justice and judge.

Although justice and ...


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

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

Law Library Newsletters/Blog

No abstract provided.


The Journey To Universal Legal Aid: Protecting The Criminally Accuseds' Charter Rights By Introducing A Public Defender System To Ontario, Benjamin D. Schnell 2018 Western University

The Journey To Universal Legal Aid: Protecting The Criminally Accuseds' Charter Rights By Introducing A Public Defender System To Ontario, Benjamin D. Schnell

Western Journal of Legal Studies

There is a significant gap between the demand for legal aid and Legal Aid Ontario (LAO)'s ability to fulfill that demand, meaning that there is a sizeable percentage of the population who, when facing criminal charges, neither qualify for legal aid nor can afford legal representation. This has the effect of denying the accused their Charter protected right to a fair trial and their ability to make full answer and defence, as studies show that a self-represented accused faces significant barriers at trial leading to negative outcomes. The few mechanisms available to help assist a self- represented accused with ...


Law School News: Rwu Law Remembers President Donald J. Farish 07-05-2018, Ed Fitzpatrick, Michael Bowden 2018 Roger Williams University

Law School News: Rwu Law Remembers President Donald J. Farish 07-05-2018, Ed Fitzpatrick, Michael Bowden

Life of the Law School (1993- )

No abstract provided.


The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell 2018 Texas Thirteenth Court of Appeals

The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell

St. Mary's Journal on Legal Malpractice & Ethics

The legal profession is bound by ethical rules that govern and guide our conduct and actions as lawyers. One of the under-appreciated, but profoundly important set of guidelines is the Texas Standards for Appellate Conduct. These Standards serve as an excellent practice guide for appellate practitioners and appellate courts and as a model code of conduct for the Bar as a whole.

The goal of this Article is to dissect the Texas Standards for Appellate Conduct and provide useful commentaries for the readers to better appreciate and understand each element of the Standards. The commentaries provide direct case examples and ...


The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, Donald E. Campbell 2018 Mississippi College School of Law

The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, Donald E. Campbell

St. Mary's Journal on Legal Malpractice & Ethics

This Article addresses an issue courts across the country continue to struggle with: When are ethics rules appropriately considered enforceable substantive obligations, and when should they only be enforceable through the disciplinary process? The question is complicated by the ethics rules themselves. Paragraph 20 of the Scope section of the Model Rules of Professional Conduct includes seemingly contradictory guidance; it states the Rules are not to be used to establish civil liability, but also that they can be “some evidence” of a violation of a lawyer’s standard of care. Most states have adopted this paradoxal Paragraph 20 language. Consequently ...


Causation And "Legal Certainty" In Legal Malpractice Law, Vincent R. Johnson 2018 St. Mary's University School of Law

Causation And "Legal Certainty" In Legal Malpractice Law, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

A line of California cases holds that causation of damages in legal malpractice actions must be proven with “legal certainty.” This Article argues that judicial references to legal certainty are ambiguous and threaten to undermine the fairness of legal malpractice litigation as a means for resolving lawyer-client disputes. Courts should eschew the language of legal certainty and plainly state that damages are recoverable if a legal malpractice plaintiff proves, by a preponderance of the evidence, that those losses were factually and proximately caused by the defendant’s breach of duty.


"Dirty" Experts: Ethical Challenges Concerning, And A Comparative Perspective On, The Use Of Consulting Experts, David S. Caudill 2018 1567

"Dirty" Experts: Ethical Challenges Concerning, And A Comparative Perspective On, The Use Of Consulting Experts, David S. Caudill

St. Mary's Journal on Legal Malpractice & Ethics

U.S. attorneys often hire consulting experts who potentially never get named as testifying experts. The same practice is evident in Australia, where the colloquial distinction is between a “clean” and a “dirty” expert, the latter being in the role of a consultant who is considered a member of the client’s “legal team.” A “clean” expert named as a witness is then called “independent,” signaling that he or she is not an advocate. In contrast to the U.S. discourse concerning consulting and testifying experts, focused on discovery issues, the conversation in Australia betrays immediate ethical concerns that both ...


Consumer Law Immersion, Kevin M. McDonald, Karl Hochkammer, Steven Wernikoff 2018 Cleveland State University

Consumer Law Immersion, Kevin M. Mcdonald, Karl Hochkammer, Steven Wernikoff

The Global Business Law Review

As part of Washington University School of Law’s (WashULaw) Online Master of Legal Studies (MLS) program, students attend optional weekend immersion courses at the law school in St. Louis in both the spring and fall. We recently taught a course on consumer law over the spring 2018 weekend session held on March 23-25, 2018. In attendance were twenty-two students, most of whom were enrolled in the MLS program. Several were foreign lawyers and one was an LL.M. student. This article summarizes our three-day experience and concludes with our key learnings that incorporate feedback we received from students both ...


Tweets To A Young 1l, Rachel I. Gurvich 2018 University of North Carolina School of Law

Tweets To A Young 1l, Rachel I. Gurvich

Faculty Publications

A series of eleven tweets ruminating about the author's law school experience received a positive and enthusiastic response from many lawyers, law professors, and law students, and ultimately caught the eye of one of the Green Bag’s editors. This short piece unpacks and contextualizes those tweets. The original tweets appear below, numbered as they first appeared on Twitter.


Incorporating Litigation Perspectives To Enhance The Business Associations Course, Ann M. Scarlett 2018 Selected Works

Incorporating Litigation Perspectives To Enhance The Business Associations Course, Ann M. Scarlett

Ann M. Scarlett

No abstract provided.


Lessons For Academic Leaders From Modern Restructuring Practice, Robert K. Rasmussen 2018 University of Southern California

Lessons For Academic Leaders From Modern Restructuring Practice, Robert K. Rasmussen

University of Southern California Legal Studies Working Paper Series

Financial distress has hit higher education. More and more universities and colleges are facing existential challenges as the competition for a dwindling number of students has put a strain on revenues. Unlike leaders in other industries, the presidents and chancellors of a financially distressed institutions of higher education cannot explore the possibility of a Chapter 11 filing under the Bankruptcy Code to restructure their obligations so that they align better with their revenues. Federal law prohibits Title IV loans – the lifeblood of virtually every university and college – from being made to students who attend a school that is in an ...


De-Grading Assessment: Rejecting Rubrics In Favor Of Authentic Analysis, Deborah L. Borman 2018 Seattle University School of Law

De-Grading Assessment: Rejecting Rubrics In Favor Of Authentic Analysis, Deborah L. Borman

Seattle University Law Review

Assigning grades is the least joyful duty of the law professor. In the current climate of legal education, law professors struggle with issues such as increased class size, providing “practice-ready” graduates, streamlining assignments, and accountability in assessment. In an effort to ease the burden of grading written legal analyses, individual professors or law school writing programs or both may develop articulated rubrics to assess students’ written work. Rubrics are classification tools that allow us to articulate our judgment of a written work. Rubrics may be as extensive as twenty categories and subcategories or may be limited to only a few ...


Law School News: Dean Yelnosky Applauds Uniform Bar Exam Decision 06-08-2018, Roger Williams University School of Law 2018 Roger Williams University

Law School News: Dean Yelnosky Applauds Uniform Bar Exam Decision 06-08-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Self-Directedness And Professional Formation: Connecting Two Critical Concepts In Legal Education, Larry O. Natt Gantt II, Benjamin V. Madison III 2018 University of St. Thomas, Minnesota

Self-Directedness And Professional Formation: Connecting Two Critical Concepts In Legal Education, Larry O. Natt Gantt Ii, Benjamin V. Madison Iii

University of St. Thomas Law Journal

No abstract provided.


Bringing Purposefulness To The American Law School's Support Of Professional Identity Formation, Louis D. Bilionis 2018 University of St. Thomas, Minnesota

Bringing Purposefulness To The American Law School's Support Of Professional Identity Formation, Louis D. Bilionis

University of St. Thomas Law Journal

No abstract provided.


Is There Sufficient Human Resource Capacity To Support Robust Professional Identity Formation Learning Outcomes?, Jerome M. Organ 2018 University of St. Thomas School of Law

Is There Sufficient Human Resource Capacity To Support Robust Professional Identity Formation Learning Outcomes?, Jerome M. Organ

University of St. Thomas Law Journal

No abstract provided.


Picturing Professionals: The Emergence Of A Lawyer's Identity, Barbara Glesner Fines 2018 University of St. Thomas, Minnesota

Picturing Professionals: The Emergence Of A Lawyer's Identity, Barbara Glesner Fines

University of St. Thomas Law Journal

No abstract provided.


Practical Lessons Learned While Building A Required Course For Professional Identity Formation, Danny DeWalt 2018 University of St. Thomas, Minnesota

Practical Lessons Learned While Building A Required Course For Professional Identity Formation, Danny Dewalt

University of St. Thomas Law Journal

No abstract provided.


Fostering Wholehearted Lawyers: Practical Guidance For Supporting Law Students' Professional Identity Formation, Susan L. Brooks 2018 University of St. Thomas, Minnesota

Fostering Wholehearted Lawyers: Practical Guidance For Supporting Law Students' Professional Identity Formation, Susan L. Brooks

University of St. Thomas Law Journal

No abstract provided.


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