A Socially Beneficial False Claims Act?,
2021
University of Tennessee College of Law
A Socially Beneficial False Claims Act?, Elissa Philip Gentry
Tennessee Law Review
No abstract provided.
Avoiding The Great Divide: Assuring Court Technology Lightens The Load Of Low-Income Litigants Post-Covid-19,
2021
University of Tennessee College of Law
Avoiding The Great Divide: Assuring Court Technology Lightens The Load Of Low-Income Litigants Post-Covid-19, Katherine L.W. Norton
Tennessee Law Review
No abstract provided.
Covid's Constitutional Conundrum: Assessing Individual Rights In Public Health Emergencies,
2021
University of Tennessee College of Law
Covid's Constitutional Conundrum: Assessing Individual Rights In Public Health Emergencies, James G. Hodge Jr., Jennifer L. Piatt, Emily Carey, Hanna N. Reinke
Tennessee Law Review
Considerable legal challenges alleging infringements of constitutional rights have arisen against governments imposing social distancing or other restrictive measures to quell the COVID-19 pandemic. Courts assess these claims largely under two approaches. Consistent with constitutional re-balancing, judges weigh the application of rights against governments' compelling interests to protect public health and safety in emergencies. Alternatively, a minority of courts temporarily set aside existing rights to effectuate emergency responses. Both approaches insufficiently account for the flexible nature of rights and freedoms in exigencies pursuant to the Constitution's cohesive design. In public health emergencies, courts should engage in guided assessments focused on …
Property Rights And Involuntary Contracting,
2021
University of Tennessee College of Law
Property Rights And Involuntary Contracting, Taorui Guan
Tennessee Law Review
No abstract provided.
Annual Index Volume 88,
2021
University of Tennessee College of Law
Editorial Board,
2021
University of Tennessee College of Law
Contents,
2021
University of Tennessee College of Law
Preserving The Fruits Of Labor: Impediments To University Inventor Mobility,
2021
University of Tennessee College of Law
Preserving The Fruits Of Labor: Impediments To University Inventor Mobility, Brenda M. Simon
Tennessee Law Review
Academic inventors must overcome numerous obstacles when they seek to leave their parent universities. The results of their work are often intertwined in what I call "innovation-essential components," which are important aspects of the. innovative process that create strong ties to the parent university, such as data, patents, trade secrets, grants, contracts, materials, and other agreements and restrictions. Innovation-essential components effectively bind university inventors to their parent institutions, making departure unworkable without the university's approval. Universities sometimes further complicate inventor mobility by entering into unlawful agreements with other academic institutions in their efforts to prevent inventor movement or by engaging …
The Modest Impact Of The Modern Confrontation Clause,
2021
University of Tennessee College of Law
The Modest Impact Of The Modern Confrontation Clause, Jeffrey Bellin, Diana Bibb
Tennessee Law Review
The Sixth Amendment's Confrontation Clause grants criminal defendants the right "to be confronted with the witnesses against" them. A strict reading of this text would transform the criminal justice landscape by prohibiting the prosecution's use of hearsay at trial. But until recently, the Supreme Court's interpretation of the Clause was closer to the opposite. By tying the confrontation right to traditional hearsay exceptions, the Court's longstanding precedents granted prosecutors broad freedom to use out-of-court statements to convict criminal defendants.
The Supreme Court's 2004 decision in Crawford v. Washington was supposed to change all that. By severing the link between the …
The Simultaneity Puzzle: Lawyers Working At Multiple Law Firms,
2021
University of Tennessee College of Law
The Simultaneity Puzzle: Lawyers Working At Multiple Law Firms, Paul R. Tremblay
Tennessee Law Review
No abstract provided.
Practical Abolition: Universal Representation As An Alternative To Immigration Detention,
2021
University of Tennessee College of Law
Practical Abolition: Universal Representation As An Alternative To Immigration Detention, Matthew Boaz
Tennessee Law Review
No abstract provided.
Lawyers For White People?,
2021
University of Pittsburgh School of Law
Lawyers For White People?, Jessie Allen
Articles
This article investigates an anomalous legal ethics rule, and in the process exposes how current equal protection doctrine distorts civil rights regulation. When in 2016 the ABA Model Rules of Professional Conduct finally adopted its first ever rule forbidding discrimination in the practice of law, the rule carried a strange exemption: it does not apply to lawyers’ acceptance or rejection of clients. The exemption for client selection seems wrong. It contradicts the common understanding that in the U.S. today businesses may not refuse service on discriminatory grounds. It sends a message that lawyers enjoy a professional prerogative to discriminate against …
Who Wants To Be A Prosecutor? And Why Care? Law Students’ Career Aspirations And Reform Prosecutors’ Goals,
2021
Cleveland-Marshall College of Law, Cleveland State University
Who Wants To Be A Prosecutor? And Why Care? Law Students’ Career Aspirations And Reform Prosecutors’ Goals, Shih-Chun Steven Chien, Stephen Daniels
Law Faculty Articles and Essays
Often called “progressive” or “reform” prosecutors, a number of reform-minded prosecutors have been elected recently across the United States—promising a distinctive vision of criminal justice and signaling that their role will be more attuned to issues of race and equity than “law and order.” Furthering this vision requires dramatic changes to the working cultures—the norms, practices, and even personnel—of their offices. Diversity plays a major role.
One central challenge is identifying, attracting, and hiring newly-minted lawyers who can, over time, be socialized into and sustain a changing organizational culture. This article empirically examines that challenge, which involves two sides of …
All Rise: Suiting Up When Showing Up For The Practice Of Law In The Covid-19 Virtual Legal Environment,
2021
CUNY New York City College of Technology
All Rise: Suiting Up When Showing Up For The Practice Of Law In The Covid-19 Virtual Legal Environment, Marissa Moran
Publications and Research
The age-old advice: “No matter how you feel, get up, dress up, and show up for work and life!” may be worth remembering as more legal professionals participate in virtual environments due to the COVID-19 mandated court closures.
Virtual court hearings, mediations, and meetings are taking place. Attorneys and legal educators have adapted to changes in how we meet clients and students by utilizing Blackboard Collaborative, Zoom, Cisco WebEx, Microsoft Teams, Google Meet/Hangouts, and Skype. Do such changes in our ways of meeting and communicating-within the virtual environment-bring with them a corresponding change in expectations of what is appropriate attire …
On Being First, On Being Only, On Being Seen, On Charting A Way Forward,
2021
Duke Law School
On Being First, On Being Only, On Being Seen, On Charting A Way Forward, Veronica Root Martinez
Faculty Scholarship
This Essay reflects upon my professional experiences as a Black woman both at Notre Dame and beyond. It argues that it is important for students to have demographically diverse professors within their educational environments. It calls for the Notre Dame Law School community to continue to create a diverse, equitable, and inclusive culture.
Microaggressions, Questionable Science, And Free Speech,
2021
University of Missouri - Kansas City, School of Law
Microaggressions, Questionable Science, And Free Speech, Edward Cantu, Lee Jussim
Faculty Works
The topic of microaggressions is hot currently. Diversity administrators regularly propagate lists of alleged microaggressions and express confidence that listed items reflect what some psychologists claim they do: racism that is, at the very least, unconscious in the mind of the speaker. Legal academics are increasingly leveraging microaggression research in theorizing law and proposing legal change. But how scientifically legitimate are claims by some psychologists about what acts constitute microaggressions? The authors—one a law professor, the other a psychologist—argue that the answer is “not much.” In this article, the authors dissect the studies, and critique the claims, of microaggression researchers. …
The Trial Preparation Procedures—Civil,
2021
West Virginia University College of Law
The Trial Preparation Procedures—Civil, Will Rhee, L. Richard Walker
Law Faculty Scholarship
In an effort to provide scholarship immediately useful to the litigator, this Article proposes a detailed systems workflow to plan and coordinate preparing for federal civil trials called the Trial Preparation Procedures—Civil or "TrialPrepPro—Civil" for short. Although there is an abundance of anecdotal "learning from doing" trial preparation guidance, empirically testable "learning about doing" trial preparation guidance is rare. We present our TrialPrepPro to learn more about doing.
The TrialPrepPro is modeled after the battle-proven U.S. Army Troop Leading Procedures used, with modifications, by all U.S. military services, our NATO allies, and many other foreign militaries. Although there is ample …
Rwu Law Equity Scorecard February 2021,
2021
Roger Williams University
Rwu Law Equity Scorecard February 2021, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Changemakers: Coming Full Circle,
2021
Roger Williams University
Changemakers: Coming Full Circle, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Change At The Speed Of Leadership,
2021
Cleveland-Marshall College of Law, Cleveland State University
Change At The Speed Of Leadership, Lee Fisher
Law Faculty Articles and Essays
“The most dangerous leadership myth is that leaders are born—that there is a genetic factor to leadership. . . That’s nonsense; in fact, the opposite is true. Leaders are made rather than born.”
“Lawyers are in the anomalous position of serving as leaders but generally lacking leadership training and skills. Competency in lawyering skills often functions as a proxy for leadership skills, despite the evidence that leadership skills are distinct and may take years to develop. Our neglect of leadership skills is reaching crisis proportions because nearly half of all current law firm partners will retire within the next ten …
