The Economic Justice Imperative For Lawyers In Trump Country,
2018
American University Washington College of Law
The Economic Justice Imperative For Lawyers In Trump Country, Priya Baskaran
Articles in Law Reviews & Other Academic Journals
This article serves as a call to action for rural law schools to meaningfully incorporate economic justice into transactional legal education, and in doing so, train much needed rural advocates, legal experts, and local leaders. Rural areas are continuously portrayed as “Trump Country” in today’s mainstream media coverage, which largely focuses on socio-cultural differences between urban and rural areas. Many rural scholars and activists are troubled by the “Trump Country” label as it masks the structural poverty issues that lead to housing insecurity, water insecurity, poor public health indicators, unemployment, underemployment, troubled public education systems, and environmental degradation impacting both …
The Reform Of The Russian Legal Profession: Three Varying Perspectives,
2018
American University Washington College of Law
The Reform Of The Russian Legal Profession: Three Varying Perspectives, Susan Carle, Delphine Nougayrède
Articles in Law Reviews & Other Academic Journals
This Article was co-authored by Susan Carle (American University Washington College of Law), Gayane Davidyan (Moscow State University), Thomas McDonald and Delphine Nougayrède. In the Article the four authors debate various approaches to reforming the legal profession in Russia. They start out with a historical introduction followed by a presentation and discussion of the status at present. A large number of legal practitioners, including the international law firms, are currently unregulated and practice within what is sometimes referred to as the "free sector". The Russian government has for a number of years attempted to introduce reforms that would require these …
An Invitation Regarding Law And Legal Education, And Imagining The Future,
2018
University of PIttsburgh School of Law
An Invitation Regarding Law And Legal Education, And Imagining The Future, Michael J. Madison
Articles
This Essay consists of an invitation to participate in conversations about the future of legal education in ways that integrate rather than distinguish several threads of concern and revision that have emerged over the last decade. Conversations about the future of legal education necessarily include conversations about the future of law practice, legal services, and law itself. Some of those start with the somewhat stale questions: What are US law professors doing, what should they be doing, and why? Those questions are still relevant and important, but they are no longer the only relevant questions, and they are not the …
Adventures In Higher Education, Happiness, And Mindfulness,
2018
University of Colorado Law School
Adventures In Higher Education, Happiness, And Mindfulness, Peter H. Huang
Publications
This Article recounts my unique adventures in higher education, including being a Princeton University freshman mathematics major at age 14, Harvard University applied mathematics graduate student at age 17, economics and finance faculty at multiple schools, first-year law student at the University of Chicago, second- and third-year law student at Stanford University, and law faculty at multiple schools. This Article also candidly discusses my experiences as student and professor and openly shares how I achieved sustainable happiness by practicing mindfulness to reduce fears, rumination, and worry in facing adversity, disappointment, and setbacks. This Article analyzes why law schools should teach …
Celebrating Mundane Conflict,
2018
University of Colorado Law School
Celebrating Mundane Conflict, Deborah J. Cantrell
Publications
This Article interrogates the dominant conception of conflict and challenges the narrative of conflict as hard, difficult and painful to engage. The Article reveals two primary framing errors that cause one to misperceive how ubiquitous and ordinary is conflict. The first error is to misperceive conflict as categorical — something either is a conflict or it is not. People make that error as a way of trying to avoid conflict. People falsely hope that there might be a category of “not conflict,” like disagreements, that will be easier to navigate. The second error is to misperceive the world and individuals …
The Public Defender's Pin: Untangling Free Speech Regulation In The Courtroom,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Public Defender's Pin: Untangling Free Speech Regulation In The Courtroom, Michael Kagan
Scholarly Works
Recent disputes in Ohio and Nevada about whether lawyers should be allowed to wear “Black Lives Matter” pins in open court expose a fault line in First Amendment law. Lower courts have generally been unsympathetic to lawyers who display political symbols in court. But it would go too far suggest that free speech has no relevance in courtrooms. This Essay argues for a way to strike a balance.
Big Law, Public Defender-Style: Aggregating Resources To Ensure Uniform Quality Of Representation,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Big Law, Public Defender-Style: Aggregating Resources To Ensure Uniform Quality Of Representation, M. Eve Hanan
Scholarly Works
Stories abound of public defenders who, overwhelmed with high caseloads, allow defendants to languish in pre-trial detention and guilty pleas to be entered without examining the merits of the case. Most defendants cannot afford to hire an attorney, and, thus, have no choice other than to accept the public counsel appointed by the court. In this Essay, I consider whether Professor Benjamin Edwards' central argument in The Professional Prospectus: A Call for Effective Professional Disclosure '-that attorneys should provide potential clients with a prospectus disclosing their performance history-applies to criminal defense. I reject the proposition that most people charged with …
Doing Right By Nevada: Adopting The Uniform Bar Exam,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
Doing Right By Nevada: Adopting The Uniform Bar Exam, Daniel W. Hamilton
Scholarly Works
No abstract provided.
Legal Deserts: A Multi-State Perspective On Rural Access To Justice (Forthcoming),
2018
University of Maine School of Law
Legal Deserts: A Multi-State Perspective On Rural Access To Justice (Forthcoming), Danielle M. Conway
Faculty Publications
Rural America faces an increasingly dire access to justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of that crisis is the dearth of information and research regarding the extent of the problem and its impacts. This article begins to address that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, …
Contents,
2018
University of Tennessee College of Law
Rethinking An Undue Burden: Whole Woman's Healths New Approach To Fundamental Rights,
2018
University of Tennessee College of Law
Rethinking An Undue Burden: Whole Woman's Healths New Approach To Fundamental Rights, Mary Ziegler
Tennessee Law Review
No abstract provided.
The Emoji Factor: Humanizing The Emerging Law Of Digital Speech,
2018
University of Tennessee College of Law
The Emoji Factor: Humanizing The Emerging Law Of Digital Speech, Elizabeth Kirley, Marilyn Mcmahon
Tennessee Law Review
Emoji are widely perceived as whimsical, humorous or affectionate adjuncts to online communications. We are discovering, however, that they are much more: they hold a complex socio-cultural history and perform a role in social media analogous to non-verbal behavior in offline speech. This paper suggests emoji are the seminal workings of a nuanced, rebus-type language, one serving to inject emotion, creativity, ambiguity-in other words, "humanity "-into computer-mediated communications. That perspective challenges doctrinal and procedural requirements of our legal systems, particularly as they relate to such requisites for establishing guilt or fault as intent, foreseeability, consensus, and liability when things go …
Tribute To Spenser F. Powell,
2018
University of Tennessee College of Law
Tribute To Spenser F. Powell, John L. Sobieski Jr., Marshall Jensen
Tennessee Law Review
No abstract provided.
The Emerging Intersection Of Products Liability, Cybersecurity, And Autonomous Vehicles,
2018
University of Tennessee College of Law
The Emerging Intersection Of Products Liability, Cybersecurity, And Autonomous Vehicles, Ryan J. Duplechin
Tennessee Law Review
No abstract provided.
Faithful Execution: The Persistent Myth Of Widespread Prosecutorial Misconduct,
2018
University of Tennessee College of Law
Faithful Execution: The Persistent Myth Of Widespread Prosecutorial Misconduct, Timothy C. Harker
Tennessee Law Review
Professors, politicians, activists, journalists, and bloggers alike stand ready to denounce prosecutorial misconduct-the more egregious the misconduct, the more vociferous the denunciation, and rightly so. Ordinarily, such public denunciation would have a salubrious effect. Unfortunately, this remedial process has been hijacked by those who insist that prosecutorial misconduct is widespread and has infected all facets of the criminal justice system, to the detriment of defendants and the consternation of the public. Their vitriol precludes a dispassionate evaluation of the criminal justice system generally and prosecutorial misconduct specifically. This article demonstrates that, contrary to expectations, prosecutorial misconduct occurs with reassuring infrequency. …
Tribute To Professor Jonathan G. Rohr,
2018
University of Tennessee College of Law
Tribute To Professor Jonathan G. Rohr, Michael J. Higdon, Sarah E. Guthrie
Tennessee Law Review
No abstract provided.
Zombie Cinderella And The Undead Public Domain,
2018
University of Tennessee College of Law
Zombie Cinderella And The Undead Public Domain, Rebecca Schoff Curtin
Tennessee Law Review
This Article takes a recent case from the Trademark Trial and Appeal Board as the basis for an argument that trademark doctrine needs stronger protection against the exclusive commercial appropriation of characters that are in the public domain. In that case, a new doll company sought to register the mark "Zombie Cinderella" for dolls. The examining attorney initially refused registration because "Zombie Cinderella" dolls were found to be confusingly similar to "Walt Disney's Cinderella" dolls. This ruling would have implied that Disney had the exclusive right to market dolls using the "Cinderella" name, a name that carries with it the …
Defamation Per Se And Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury,
2018
University of Tennessee College of Law
Defamation Per Se And Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury, Clay Calvert, Ashton T. Hampton, Austin Vining
Tennessee Law Review
This Article uses the September 2017 defamation decision in Simmons v. American Media, Inc. as a springboard for examining defamatory meaning and reputational injury. Specifically, it focuses on cases in which judges acknowledge that plaintiffs have suffered reputational harm yet rule for defendants because promoting the cultural value of equality weighs against redress. In Simmons, a normative, axiological judgment-that the law should neither sanction nor ratify prejudicial views about transgender individuals prevailed at the trial court level over a celebrity's ability to recover for alleged reputational harm. Simmons sits at a dangerous intersection: a crossroads where a noble judicial desire …
Author Index,
2018
University of Tennessee College of Law
Restoring Fairness To Campus Sex Tribunals,
2018
University of Tennessee College of Law
Restoring Fairness To Campus Sex Tribunals, Cynthia V. Ward
Tennessee Law Review
No abstract provided.
