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Finding Certainty In Cert: An Empirical Analysis Of The Factors Involved In Supreme Court Certiorari Decisions From 2001-2015, Adam Feldman, Alexander Kappner 2016 University of Southern California

Finding Certainty In Cert: An Empirical Analysis Of The Factors Involved In Supreme Court Certiorari Decisions From 2001-2015, Adam Feldman, Alexander Kappner

University of Southern California Legal Studies Working Paper Series

The Supreme Court annually grants approximately 5% of the petitions to hear cases it receives. It denies petitions from the federal government, from large corporations, and from high-profile attorneys. The decisions of which petitions for writ of certiorari the Court grants sets the Court’s agenda each term and defines the issues which the Court will engage. With such a low likelihood that the Court hears any particular case, what makes a petition more or less likely to be granted? The focus of much of the existing scholarship on certiorari deals with the theoretical underpinnings of these judicial decisions. In ...


Who Wins In The Supreme Court? An Examination Of Attorney And Law Firm Influence, Adam Feldman 2016 University of Southern California

Who Wins In The Supreme Court? An Examination Of Attorney And Law Firm Influence, Adam Feldman

University of Southern California Legal Studies Working Paper Series

Who are the most successful attorneys in the Supreme Court? A novel way to answer this question is by looking at attorneys' relative influence on the course of the law. This article performs macro and micro-level analyses of the most successful Supreme Court litigators by examining the amount of language shared between nearly 9,500 Supreme Court merits briefs and their respective Supreme Court opinions from 1946 through 2013. The article also includes analyses of the most successful law firms according to the same metric.


Vol. 50, No. 03 (February 1, 2016), 2016 Maurer School of Law: Indiana University

Vol. 50, No. 03 (February 1, 2016)

Indiana Law Annotated

No abstract provided.


Reconsidering The Constitutionality Of Mandatory Minimum Sentences Under Section 231(5)(E) Post-Luxton, Laura Metcalfe 2016 University of Ottawa Faculty of Law

Reconsidering The Constitutionality Of Mandatory Minimum Sentences Under Section 231(5)(E) Post-Luxton, Laura Metcalfe

Western Journal of Legal Studies

Section 231(5)(e) of the Criminal Code elevates murder to first-degree murder when a death is caused while committing unlawful confinement per s. 279 of the Criminal Code. The corresponding mandatory sentence is life imprisonment with no eligibility for parole until 25 years have been served. The Supreme Court of Canada held that this provision was constitutional in R v Luxton, since it did not violate the principles of fundamental justice and was not considered cruel and unusual punishment, contrary to s. 7 and 12 of the Canadian Charter of Rights and Freedoms, respectively.

However, lower courts ought to ...


Champions For Justice 2016, Roger Williams University School of Law 2016 Roger Williams University

Champions For Justice 2016, Roger Williams University School Of Law

Conferences, Lectures & Events

No abstract provided.


Green Ethics For Lawyers, Tom Lininger 2016 University of Oregon School of Law

Green Ethics For Lawyers, Tom Lininger

Boston College Law Review

The ethical rules for lawyers encourage zealous advocacy on behalf of clients, but do not incentivize lawyers to take steps that could minimize harm to the environment. This Article proposes a comprehensive set of amendments to the American Bar Association (“ABA”) Model Rules of Professional Conduct. The goal is to establish not only opportunities, but also obligations, for lawyers to promote environmental health. Certain proposals in this Article represent only a small extension of the present rules, and deserve consideration for immediate adoption, including a proposed liberalization of confidentiality rules to permit disclosures in the case of imminent environmental harm ...


Vol. 50, No. 02 (January 25, 2016), 2016 Maurer School of Law: Indiana University

Vol. 50, No. 02 (January 25, 2016)

Indiana Law Annotated

No abstract provided.


The Special Role Of Career Services Professionals In The Development And Success Of Law School Incubator Programs, Sumana Wolf, Erica Edwards-Oneal 2016 Touro College Jacob D. Fuchsberg Law Center

The Special Role Of Career Services Professionals In The Development And Success Of Law School Incubator Programs, Sumana Wolf, Erica Edwards-Oneal

Journal of Experiential Learning

No abstract provided.


Implementing Psychological Resilience Training In Law Incubators, M. Mark Heekin 2016 Touro College Jacob D. Fuchsberg Law Center

Implementing Psychological Resilience Training In Law Incubators, M. Mark Heekin

Journal of Experiential Learning

No abstract provided.


A Custom Tailored Form Of Post-Graduate Legal Training: The Rhode Island Center For Justice, Robert McCreanor 2016 Touro College Jacob D. Fuchsberg Law Center

A Custom Tailored Form Of Post-Graduate Legal Training: The Rhode Island Center For Justice, Robert Mccreanor

Journal of Experiential Learning

No abstract provided.


Creating A Post-Graduate Incubator Program Through A Law School-Bar Association Partnership, Robyn L. Meadows, J. Palmer Lockard, Elizabeth G. Simcox 2016 Touro College Jacob D. Fuchsberg Law Center

Creating A Post-Graduate Incubator Program Through A Law School-Bar Association Partnership, Robyn L. Meadows, J. Palmer Lockard, Elizabeth G. Simcox

Journal of Experiential Learning

No abstract provided.


Innovate, Collaborate & Serve: Louisiana’S “Lift” – A Legal Incubator And Accelerator Program Startup Guide, Amy Duncan 2016 Touro College Jacob D. Fuchsberg Law Center

Innovate, Collaborate & Serve: Louisiana’S “Lift” – A Legal Incubator And Accelerator Program Startup Guide, Amy Duncan

Journal of Experiential Learning

No abstract provided.


The Pro Bono Requirement In Incubator Programs: A Reflection On Structuring Pro Bono Work For Program Attorneys, Davida Finger 2016 Touro College Jacob D. Fuchsberg Law Center

The Pro Bono Requirement In Incubator Programs: A Reflection On Structuring Pro Bono Work For Program Attorneys, Davida Finger

Journal of Experiential Learning

No abstract provided.


Incubating Community Law Practices: Post-Graduate Models For Lawyer Training And Access To Law, Luz E. Herrera 2016 Touro College Jacob D. Fuchsberg Law Center

Incubating Community Law Practices: Post-Graduate Models For Lawyer Training And Access To Law, Luz E. Herrera

Journal of Experiential Learning

No abstract provided.


Law School Based Incubators And Access To Justice – Perspectives From Deans, Patricia E. Salkin, Ellen Suni, Niels Schaumann, Mary Lu Bilek 2016 Touro College Jacob D. Fuchsberg Law Center

Law School Based Incubators And Access To Justice – Perspectives From Deans, Patricia E. Salkin, Ellen Suni, Niels Schaumann, Mary Lu Bilek

Journal of Experiential Learning

No abstract provided.


Incubator Development At Home And Abroad: Anecdotal Stories From The Trenches, Fred Rooney 2016 Touro College Jacob D. Fuchsberg Law Center

Incubator Development At Home And Abroad: Anecdotal Stories From The Trenches, Fred Rooney

Journal of Experiential Learning

No abstract provided.


Table Of Contents, 2016 Touro College Jacob D. Fuchsberg Law Center

Table Of Contents

Journal of Experiential Learning

No abstract provided.


Martin Luther King, Jr. Celebration Keynote Address: The Honorable Carlton W. Reeves, United States District Court For The Southern District Of Mississippi, Roger Williams University School of Law 2016 Roger Williams University

Martin Luther King, Jr. Celebration Keynote Address: The Honorable Carlton W. Reeves, United States District Court For The Southern District Of Mississippi, Roger Williams University School Of Law

Conferences, Lectures & Events

No abstract provided.


Vol. 50, No. 01 (January 18, 2016), 2016 Maurer School of Law: Indiana University

Vol. 50, No. 01 (January 18, 2016)

Indiana Law Annotated

No abstract provided.


What Gideon Did, Sara Mayeux 2016 University of Pennsylvania

What Gideon Did, Sara Mayeux

Faculty Scholarship

Many accounts of Gideon v. Wainwright’s legacy focus on what Gideon did not do—its doctrinal and practical limits. For constitutional theorists, Gideon imposed a preexisting national consensus upon a few “outlier” states, and therefore did not represent a dramatic doctrinal shift. For criminal procedure scholars, advocates, and journalists, Gideon has failed, in practice, to guarantee meaningful legal help for poor people charged with crimes.

Drawing on original historical research, this Article instead chronicles what Gideon did—the doctrinal and institutional changes it inspired between 1963 and the early 1970s. Gideon shifted the legal profession’s policy consensus on ...


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