Ethics For Media Lawyers: The Lessons Of Ferguson,
2015
University of Michigan Law School
Ethics For Media Lawyers: The Lessons Of Ferguson, Leonard M. Niehoff
Articles
Ferguson, Missouri, has a population of roughly 21,000 people. Thirty cities in Missouri have larger populations. The Edward Jones Dome, where the St. Louis Rams play football, seats three times as many people. Most of us had never heard of Ferguson prior to August 9, 2014, when a police oficer named Darren Wilson shot and killed an unarmed black teenager named Michael Brown. But, to paraphrase the grim observation of Ambrose Bierce, war is how Americans learn geography. So, as violence and vandalism erupted on its streets, the nation turned its attention toward Ferguson and labored to understand the place, …
But What Can We Do? How Juvenile Defenders Can Disrupt The Schoolto-Prison Pipeline,
2015
Gonzaga University School of Law
But What Can We Do? How Juvenile Defenders Can Disrupt The Schoolto-Prison Pipeline, Jonathon Arellano-Jackson
Seattle Journal for Social Justice
No abstract provided.
Listening From The Bench Fosters Civility And Promotes Justice,
2015
Seattle University School of Law
Listening From The Bench Fosters Civility And Promotes Justice, Paula Lustbader
Seattle Journal for Social Justice
No abstract provided.
Making "Friends" With The #Ethics Rules: Avoiding Pitfalls In Professional Social Media Use,
2015
University of Pennsylvania Carey Law School
Making "Friends" With The #Ethics Rules: Avoiding Pitfalls In Professional Social Media Use, Cynthia Laury Dahl
All Faculty Scholarship
Lawyers’ professional use of social media is widespread and a critical component to running a successful practice. Yet some common uses of social media easily – and often innocently -- violate the professional rules of ethics. The American Bar Association recently passed amendments to the Model Rules of Professional Conduct to include topics related to social media use, but the amendments still do not address all issues. Likewise, advisory opinions of state and local bar associations and court opinions give scant and sometimes contradictory advice about when a use does or does not violate a Rule. This essay discusses four …
Gradually Exploded: Confrontation Vs. The Former Testimony Rule.,
2015
St. Mary's University
Gradually Exploded: Confrontation Vs. The Former Testimony Rule., Tim Donaldson
St. Mary's Law Journal
Observing live court testimony allows a jury to determine witness credibility. This is called demeanor evidence. Allowing the introduction of transcripts of prior testimony by a witness offends a defendant's right to confrontation guaranteed by the Sixth Amendment of the United States Constitution. Loss of demeanor evidence can heighten sensitivity surrounding the constitutional demands of unavailability and an opportunity for cross-examination. But the loss of this evidence is discounted when dealing with the admissibility of prior testimony as long as a defendant was formerly afforded an opportunity to cross-examine. Demeanor evidence, however, is still treated as a non-essential component of …
An Employer's Relationship With Its Recruiting Firm - Something More Than An Arm's-Length Transaction.,
2015
St. Mary's University
An Employer's Relationship With Its Recruiting Firm - Something More Than An Arm's-Length Transaction., Hannah L. Hembree
St. Mary's Law Journal
Taking advantage of the perfect storm created by an increased demand for professional services and a shortage of qualified candidates, recruiting firms search for permanent employees on behalf of employers across the nation. These searches are often characterized by non-exclusive contingency agreements wherein a recruiting firm’s entitlement to remuneration is directly tied to successful placement—ranging from 15% to 30% of a candidate’s first year salary. Though communication from interested applicants constitutes the easiest path to placement, passive candidates are quickly becoming the primary target of zealous recruiters. Passive candidates are those currently employed but open to the possibility of changing …
The Economic Loss Doctrine As An Obstacle To Claims Of Contractual Strangers.,
2015
St. Mary's University
The Economic Loss Doctrine As An Obstacle To Claims Of Contractual Strangers., Richard L. Reed, Richard L. Reed Jr.
St. Mary's Law Journal
Home owners, contractors, and subcontractors entering a contract to build in accordance with another’s design must be aware of their respective risks under the economic loss doctrine. The economic loss doctrine bars recovery due purely to economic loss by a party that is a contractual stranger. In a typical construction contract, a homeowner may separately contract with a contractor and a design professional. In this situation, the contractor does not have privity with the design professional and the economic loss doctrine bars the contractor from suing the design professional for economic loss. Likewise, if the homeowner hires a contractor and …
Cueing Democracy: Replacing The Texas Election Code's Title Prohibition.,
2015
St. Mary's University
Cueing Democracy: Replacing The Texas Election Code's Title Prohibition., Christopher M. Childree
St. Mary's Law Journal
Abstract Forthcoming.
Anti-Retaliation Protection For Internal Whistleblowers Under Dodd-Frank Following The Fifth Circuit Decision In Asadi.,
2015
St. Mary's University
Anti-Retaliation Protection For Internal Whistleblowers Under Dodd-Frank Following The Fifth Circuit Decision In Asadi., Tapas Agarwal
St. Mary's Law Journal
Abstract Forthcoming.
Brookshire Bros.: Cleanup On Aisle 9 - The Current Messy State Of Spoliation Law.,
2015
St. Mary's University
Brookshire Bros.: Cleanup On Aisle 9 - The Current Messy State Of Spoliation Law., Xavier Rodriguez
St. Mary's Law Journal
Abstract Forthcoming.
Enforcement Of Noncompetition Agreements: Protecting Public Interests Through An Entrepreneurial Approach.,
2015
St. Mary's University
Enforcement Of Noncompetition Agreements: Protecting Public Interests Through An Entrepreneurial Approach., Griffin Toronjo Pivateau
St. Mary's Law Journal
Abstract Forthcoming.
Hamrick V. Ward: Clarifying Implied Easement Law.,
2015
St. Mary's University
Hamrick V. Ward: Clarifying Implied Easement Law., Courtney R. Potter
St. Mary's Law Journal
Abstract Forthcoming.
Professor Aloysius A. Leopold: An Extraordinary Man.,
2015
St. Mary's University
Professor Aloysius A. Leopold: An Extraordinary Man., Gerry W. Beyer
St. Mary's Law Journal
Abstract Forthcoming.
The Ancient Magna Carta And The Modern Rule Of Law: 1215 To 2015.,
2015
St. Mary's University
The Ancient Magna Carta And The Modern Rule Of Law: 1215 To 2015., Vincent R. Johnson
St. Mary's Law Journal
This article argues the text of the Magna Carta, now 800 years old, and reflects many of the values that are at the center of the modern concept of the Rule of Law. A careful review of its provisions reveals the Magna Carta demonstrates a strong commitment to the resolution of disputes based on rules and procedures that are consistent, accessible, transparent, and fair; and to the development of a legal system characterized by official accountability and respect for human dignity.
Texas Inventory Tax: Appraisal Districts' Misunderstanding Of The Law Causing Texas Retailers To Pay The Price.,
2015
St. Mary's University
Texas Inventory Tax: Appraisal Districts' Misunderstanding Of The Law Causing Texas Retailers To Pay The Price., Timothy Johnson
St. Mary's Law Journal
Abstract Forthcoming.
Something's Afoot And It's Time To Pay Attention: Thinking About Lawyer Regulation In A New Way,
2015
Penn State Dickinson Law
Something's Afoot And It's Time To Pay Attention: Thinking About Lawyer Regulation In A New Way, Laurel Terry
Faculty Scholarly Works
No abstract provided.
"Teaching" Formation Of Professional Identity,
2015
University of Denver
"Teaching" Formation Of Professional Identity, David I.C. Thomson
Sturm College of Law: Faculty Scholarship
This Article is my attempt to provide a guide to what professional identity formation is—as distinct from more familiar concepts of professionalism and ethics—and what legal educators are doing, and could do in the future, to foster this sort of professional formation in their courses and curricula. In Part I, I offer some background and history of the topic, which supports a new definition provided in the Article for lawyer professional identity formation. I describe in Part II what some schools are doing to “teach” formation of professional identity and argue that those efforts have some significant limitations. I argue …
Conceptualizing Student Practice For The 21st Century: Educational And Ethical Considerations In Modernizing The District Of Columbia Student Practice Rules,
2015
Georgetown University Law Center
Conceptualizing Student Practice For The 21st Century: Educational And Ethical Considerations In Modernizing The District Of Columbia Student Practice Rules, Wallace J. Mlyniec, Haley D. Etchison
Georgetown Law Faculty Publications and Other Works
This article traces the history of the amendment process. It provides a short history of student practice rules and then, using the student practice rule in effect in the District of Columbia prior to the 2014 amendments, describes the various components of those rules that courts and bars across the nation have implemented to assist courts, advance legal education, and preserve advocates’ ethical obligations to clients. It then describes some of the comments to the proposed amendments offered by the District of Columbia Bar and other D.C. lawyers during the public comment period and the modifications to the District of …
Monroe Freedman: Servant Leader, Bridge Builder,
2015
Texas A&M University School of Law
Monroe Freedman: Servant Leader, Bridge Builder, Susan Saab Fortney
Faculty Scholarship
Without question, Monroe was dedicated to serving others, wholeheartedly committed to helping clients and community members achieve their potential. As many have attested, Monroe epitomized the servant leader who freely gives time and support to others. I hope that the many people whom Monroe touched will continue to be sustained by Monroe’s ethic of service.
Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory,
2015
Georgia State University College of Law
Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio
Faculty Publications By Year
Understanding subconscious biases, their pervasiveness, and their impact on perceptions, interactions, and analyses, helps prepare lawyers to represent people from cultural and racial backgrounds different from their own, and to address both individual and institutional injustice. Two law student surveys suggest many students believe lawyers are less susceptible than clients to having, or acting upon, stereotypes or biases. The survey results also indicate that many students suffer from bias blind spot – i.e. they believe that while others cannot recognize when they are acting based upon stereotypical beliefs and biases, the students know when they are doing so. The survey …
