Asylum Attorney Burnout And Secondary Trauma, 2021 University of the District of Columbia David A Clarke School of Law
Asylum Attorney Burnout And Secondary Trauma, Lindsay M. Harris, Hillary Mellinger
Journal Articles
We are in the midst of a crisis of mental health for attorneys across all practice areas. Illustrating this broader phenomenon, this interdisciplinary Article shares the results of the 2020 National Asylum Attorney Burnout and Secondary Traumatic Stress Survey (“Survey”). Using well-established tools, such as the Copenhagen Burnout Inventory and the Secondary Stress Trauma Survey, the Survey assessed the well-being of over 700 immigration attorneys navigating the tumultuous asylum space. As the largest such study of United States attorneys to date, it is particularly timely. Between 2017 and 2021, the Trump administration’s extreme policies, sweeping regulatory changes, and Attorney General …
Menstruation And The Bar Exam: Model Policy And Operating Provisions, 2021 University of the District of Columbia David A Clarke School of Law
Menstruation And The Bar Exam: Model Policy And Operating Provisions, Marcy L. Karin, Margaret E. Johnson, Elizabeth B. Cooper
Menstrual Policies and the Bar
No abstract provided.
Sustaining Lawyers, 2021 University of Pennsylvania Carey Law School
Sustaining Lawyers, Seema Saifee
All Faculty Scholarship
Many lawyers are drawn to a career in social justice, in part, to help others and, in part, to fulfill their own path to wellness. Advocacy that sustains personal well-being, however, also poses considerable obstacles to well-being. Some of these obstacles are inherent to social justice work but some are embedded within organizational culture. These cultural norms impair the health of advocates, harm the communities with whom they work, and portend far-reaching consequences for the future of progressive struggles for freedom. Drawing on the author's personal experience, this Essay identifies three cultural norms, described as pathologies, that are rarely discussed …
A Reexamination Of The Parens Patriae Power, 2021 University of Tennessee College of Law
A Reexamination Of The Parens Patriae Power, Esther K. Hong
Tennessee Law Review
Juvenile law scholars are coalescing around the idea that the originating theory of the juvenile system-the theory of the state's parens patriae power-is a largely obsolete relic of the past. This theory holds that when children commit offenses or crimes, the state as a super-parent should respond in a manner that cares, treats, and advances the best interest of the youth. Rather than live up to its ideals, however, these benevolent aims often masked abuse and limited minors' constitutional rights. The new consensus in current juvenile law scholarship is that juvenile law policy and advocacy ought to rely on a …
In Defense Of A Liberal Choice-Based Approach To Residential Segregation, 2021 University of Tennessee College of Law
In Defense Of A Liberal Choice-Based Approach To Residential Segregation, W.C. Bunting
Tennessee Law Review
This Article argues that not all forms of residential segregation are alike. Certain patterns of residential segregation can be distinguished along two key dimensions: (1) voluntariness; and (2) net social impact. Voluntary residential segregation is largely incompatible with outcome-based policies designed to promote residential integration. This Article claims that the existence of voluntary spatial clustering implies that the government must adopt an ex ante choice-based approach to residential integration that seeks to protect and enable freedom of choice in housing rather than an ex post outcome-based approach that seeks to implement and maintain specific patterns of residential segregation. The central …
Ordinary Clients, Overreaching Lawyers, And The Failure To Implement Adequate Client Protection Measures, 2021 University of Connecticut School of Law
Ordinary Clients, Overreaching Lawyers, And The Failure To Implement Adequate Client Protection Measures, Leslie C. Levin
Faculty Articles and Papers
Every year, thousands of individual clients are victimized by overreaching lawyers who overcharge clients, refuse to return unearned fees, or steal their money. For more than forty years, the American Bar Association (ABA) has considered, and often proposed, client protection measures aimed at protecting clients from overreaching lawyers. These measures include requirements that lawyers use written fee agreements in their dealings with clients and rules relating to fee arbitration, client protection funds, insurance payee notification, and random audits of trust accounts. This Article examines what happened to these ABA recommendations when the states considered them and assesses the current state …
The Politics Of Bar Admission: Lessons From The Pandemic, 2021 University of Connecticut School of Law
The Politics Of Bar Admission: Lessons From The Pandemic, Leslie C. Levin
Faculty Articles and Papers
No abstract provided.
The Long Shortlist: Women Considered For The Supreme Court, 2021 Angelo State University
The Long Shortlist: Women Considered For The Supreme Court, Michael Conklin
Journal of Race, Gender, and Ethnicity
No abstract provided.
Notes On Nuance: Volume 1, 2021 University of Michigan Law School
Notes On Nuance: Volume 1, Patrick Barry
Books
To succeed in law, business, education, government, health care, and many other fields, it is becoming increasingly important to distinguish yourself as a savvy communicator. Social media has only accelerated the ways in which we all must learn to use our words to connect, compete, and create. There are features of the English language, however, that many of us haven’t taken full advantage of yet. Notes on Nuance is designed to help change that.
Drawing on a diverse collection of authors—from novelists to physicists, from ancient Greek historians to modern-day CEOs—it reveals the hidden mechanics that skilled writers use to …
Our Collective Work, Our Collective Strength, 2021 St. John's University School of Law
Our Collective Work, Our Collective Strength, Renee Nicole Allen
Faculty Publications
This essay considers the collective strength of women of color in two contexts: when we are well represented on law school faculties and when we contribute to accomplishing stated institutional diversity goals. Critical mass is broadly defined as a sufficient number of people of color. Though the concept has been socially appropriated, its origins are scientific. While much of the academic literature encourages diversity initiatives designed to reach a critical mass, social change is not a science. Diversity in numbers may positively benefit individual experiences for women of color, however, diversity alone will not change social norms at the root …
Contents, 2021 University of Tennessee College of Law
Where's Rudy?, 2021 Washington and Lee University School of Law
Where's Rudy?, James E. Moliterno
Scholarly Articles
Choice of law in lawyer discipline matters, and the language among the popular choice of law rules in use matters. The core goals of choice of law principles should not limit the choices to the states in which a lawyer has a full, formal license. Doing so undermines the modern choice of law interests analysis by eliminating jurisdictions that may have the greatest interest in the conduct.
Lawyers cross borders physically and electronically on a daily basis. Accordingly, choice of law rules are critical, especially when a lawyer engages in missions that are targeted at particular jurisdictions, as Rudy Giuliani …
January 2021 Newsletter, 2021 Maurer School of Law: Indiana University
A Clumsy Couple: The Problem Of Applying Model Rule 1.7 In Transactional Settings, 2021 Indiana University Maurer School of Law
A Clumsy Couple: The Problem Of Applying Model Rule 1.7 In Transactional Settings, Katelyn K. Leveque
Indiana Law Journal
The American Bar Association’s Model Rules of Professional Conduct (“Model Rules”) have long addressed conflicts of interest, with fluctuating degrees of stringency.1 For as long as the rules have been in place, legal scholars have grappled with how lawyers can work within the confines of the rules to serve their clients best, as well as how the rules might better align with what clients seek and expect from their legal representation. In their current form, the Model Rules address conflicts of interest in Rule 1.7. However, both this rule and the Model Rules more generally are not one size fits …
Religious Roots Of Corporate Organization, 2021 Seattle University School of Law
Religious Roots Of Corporate Organization, Amanda Porterfield
Seattle University Law Review
Religion and corporate organization have developed side-by-side in Western culture, from antiquity to the present day. This Essay begins with the realignment of religion and secularity in seventeenth-century America, then looks to the religious antecedents of corporate organization in ancient Rome and medieval Europe, and then looks forward to the modern history of corporate organization. This Essay describes the long history behind the entanglement of business and religion in the United States today. It also shows how an understanding of both religion and business can be expanded by looking at the economic aspects of religion and the religious aspects of …
Joking, Exaggerating Or Contracting?, 2021 University of Tennessee College of Law
Joking, Exaggerating Or Contracting?, William A. Drennan
Tennessee Law Review
We love the funny, and that's no exaggeration. In a joke, a duck is the funniest animal, you'll get more laughs in a red room than a blue room, 103 characters is the optimal length for a joke, and we know all this statistically because scholarly researchers often study humor. Litigators, courts, and commentators also focus on the funny when deciding whether promissory language created a binding contract. They frequently debate and decide enforceability based on whether a party was joking.
This Article asserts, for the first time, that in many of these cases the focus should be on whether …
Legal Realism And Legal Reality, 2021 University of Tennessee College of Law
Legal Realism And Legal Reality, Matthew X. Etchemendy
Tennessee Law Review
This Article critically reexamines the relationship between Legal Orthodoxy and American Legal Realism. Legal Orthodoxy is a familiar jurisprudential perspective according to which judges do not make law, the law is complete or gapless, and the answers to legal questions are determinable through autonomous inquiry. Legal Orthodoxy featured prominently in the legal thought of Christopher Columbus Langdell and Joseph Henry Beale, and the Realist critique of the Langdellian conception of legal science and education is widely viewed as a decisive refutation of Legal Orthodoxy.
Contrary to this conventional wisdom, I argue that the Realist critique of Langdellianism only justifies a …
Legal Research Just In Time: A New Approach To Integrating Legal Research Into The Law School Curriculum, 2021 University of Tennessee College of Law
Legal Research Just In Time: A New Approach To Integrating Legal Research Into The Law School Curriculum, Denitsa R. Mavrova Heinrich, Tammy Pettinato Oltz
Tennessee Law Review
No abstract provided.
A National Court For National Relief: Centralizing Requests For Nationwide Injunctions In The D.C. Circuit, 2021 University of Tennessee College of Law
A National Court For National Relief: Centralizing Requests For Nationwide Injunctions In The D.C. Circuit, Ryan Kirk
Tennessee Law Review
No abstract provided.
The Economic And Efficiency Benefits Of Expanding The § 25d Investment Tax Credit, 2021 University of Tennessee College of Law
The Economic And Efficiency Benefits Of Expanding The § 25d Investment Tax Credit, Kelsey Morgan
Tennessee Law Review
No abstract provided.