Digital Commons Network^™

How Class Action Fees Work In The Eleventh Circuit, Jeffrey G. Casurella

Mercer Law Review

Litigating the reasonableness of attorney’s fees in a Federal Rule 23 class action is no picnic. Usually, payment of legal fees is set from a contractual arrangement between attorney and client. That is often quick and easy. Conversely, payment of class action legal fees is set by a district court. That process can be drawn out and labor intensive. In this latter situation, a district court must be persuaded, ultimately, that the amount of the award is reasonable. But what does “reasonable” mean? It is a tricky question—class action math always is—and litigating it can become contact sport.

The parties …

Creating Lightbulb Moments: Developing Higher-Order Thinking In Family Law Classrooms Through Court Observations, Sonia M. Gipson Rankin

The Journal of Law and Education

No abstract provided.

When We Fight, We Win: Eviction Defense As Subversive Lawyering, Eloise Lawrence

Fordham Law Review

This Essay will examine the “sword and shield” model in action to explore the meaning of “subversive lawyering” in the housing context, particularly in eviction defense. In this model, we—the lawyers and law students— provide the “shield” (i.e., legal defense), while the organizers and members of grassroots housing justice organizations provide the “sword” (i.e., public pressure and protest). The lawyers are shielding tenants and foreclosed homeowners in the courts, which allows these “defendants” to simultaneously work with organizers to take necessary extralegal actions to ensure they are protected from displacement.

Equal Speech Protection, Francesca L. Procaccini

Vanderbilt Law School Faculty Publications

Political speech is not special. No type of speech is. First Amendment doctrine ubiquitously claims to value speech on a hierarchy, with political speech occupying the highest and most-protected position, followed by commercial speech and speech on private matters, with low-value speech on the bottom, least-protected rung. This hierarchy is a myth. The true but hidden framework of free speech law is actually one of equal speech protection. All speech, including political speech, receives comparable protection--and that level of protection is quite moderate across the board. Specifically, the equal protection speech receives permits the state to regulate speech in order …

Aba Model Rule 8.4(G), Discriminatory Speech, And The First Amendment, Bruce Green, Rebecca Roiphe

Articles & Chapters

The ABA adopted Model Rule 8.4(g), which targets certain speech and conduct that are based on “race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status.” In particular, according to the accompanying comment, Rule 8.4(g) reaches speech that is “derogatory and demeaning” or that “manifests bias or prejudice towards others” and is “harmful” (including, presumably, emotionally harmful). This rule targets a significant amount of speech that would be constitutionally protected if it were uttered by a nonlawyer. This article argues that there is no justification for treating lawyers differently from others in many …

Rwu Law News: The Newsletter Of Roger Williams University School Of Law, Michael M. Bowden, Gregory W. Bowman, Brooklyn Crockton

Life of the Law School (1993- )

No abstract provided.

Annotated Legal Bibliography

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

The Exclusion Of Public Legal Education From Mandatory And Aspirational State Pro Bono Service Requirements, Amy Wallace

Articles & Chapters

Pro bono service is embedded in legal education and practice. Every year, lawyers and law students across the United States engage in countless hours of pro bono service. There are over 1.3 million lawyers in the country and more than one hundred thousand law students enrolled in law school. Lawyers perform an average of thirty-seven hours of pro bono work each year. They reference several factors that motivate them to perform this work but the desire to help people in need ranks highest. Professional duty is also listed as an important factor for lawyers choosing to perform pro bono work. …

The Color Of Justice, Alexis Hoag

Michigan Law Review

A Review of Free Justice: A History of the Public Defender in Twentieth-Century America. By Sara Mayeux.

Reconstructing Rural Discourse, Bailey Tulloch

Michigan Law Review

A Review of Where the Crawdads Sing. By Delia Owens.

Evaluating Legal Needs, Luz E. Herrera, Amber Baylor, Nandita Chaudhuri, Felipe Hinojosa

Faculty Scholarship

This article is the first to explore legal needs in the Rio Grande Valley of Texas––a region that is predominantly Latinx and has both rural and urban characteristics. There are few legal needs assessments of majority Latinx communities, and none that examine needs in areas that are also U.S. border communities. Access to justice studies often overlook this area of the U.S. and this segment of the population despite their unique qualities. Latinos are projected to constitute the largest ethnic group in the country by 2060, making it imperative that we study access to justice-related assets, needs, opportunities, and barriers …

From Pandemic To Pedagogy: Teaching The Technology Of Lawyering In Law Clinics, Sarah R. Boonin, Luz E. Herrera

Faculty Scholarship

The COVID-19 pandemic has transformed the nation’s approach to work and learning. Law schools, law firms, courts, and administrative agencies abruptly closed their offices and quickly reimagined how to perform their daily functions remotely. Many of these institutions have plans to maintain aspects of remote operations and services post-pandemic. With this in mind, the authors of this Article conducted a survey of law school clinical faculty during the winter of 2021 to better understand how clinicians pivoted their instruction and practice using technology during the pandemic. The authors use the survey results to show how the COVID-19 experience positions clinical …

Infusing Leadership Competencies Into 1l Professional Identity Formation, Aric Short

Faculty Scholarship

Law schools across the country are beginning to address the growing need to incorporate leadership training into their curricula; however, very few explicitly cover leadership in the 1L year. This article argues for the value of providing leadership training to 1Ls as part of a required course on professional identity formation. Because foundational leadership concepts overlap in meaningful ways with core lawyering competencies, such integration is both practical and efficient. Beginning leadership in the 1L year allows law schools to build on that foundational material in later clinics, externships, upper-level classes, and other experiences, creating deeper leadership skills in their …

The Gender Pay Gap And High-Achieving Women In The Legal Profession, Milan Markovic, Gabrielle Plickert

Faculty Scholarship

Although women have made significant strides in the legal profession, female attorneys continue to earn far less than male attorneys. Relying on survey data from a large sample of full-time attorneys in Texas, we find a gender pay gap of thirty-five thousand dollars at the median that cannot be explained by differences in human capital or occupational segregation. We also provide evidence that the legal market especially disadvantages women who excel in law school. Whereas high academic achievement boosts male lawyers’ incomes substantially, it does not have the same effect on female lawyers’ incomes. High-achieving female lawyers earn less than …

Sparking A Movement: A Coordinated, Bottom-Up Approach To Increase Voluntary Pro Bono Service And Mend The Justice Gap, David W. Lannetti, Jennifer L. Eaton

Richmond Public Interest Law Review

For decades, the legal profession has tried and tried again to increase pro

bono representation and reduce the ill effects of the Justice Gap. A common

and increasing theme has been a top-down approach focused on laudable

platitudes, jurisdictional reporting policies, and aspirational guidelines to

inspire attorneys to voluntarily serve low-income Americans. These efforts

have enjoyed very little success, however, and with the Justice Gap only getting

worse, a new solution is needed. This Article shifts the focus away from

these top-down methods and mandates, which lack accountability and incentives,

to a bottom-up approach that offers a more viable solution …

Hambatan Dan Prospek Hukum Penyelenggaraan Jasa Notaris Secara Elektronik Di Indonesia Memasuki Era Society 5.0, Muhammad Ricky Ilham Chalid

Jurnal Hukum & Pembangunan

The development of technology, information and communication in the era of society 5.0 makes notaries have to be able to keep up with their ability to provide the best legal services, the best solution for notaries in facing the challenges of changing times is to implement cyber notaries and remote notaries, but this is not immune from the clash of the Indonesian legal system. Things that need to be considered are the reasons why Indonesia has not implemented it, such as the suitability of the application of long distance notaries and cyber notaries from common law to the Indonesian legal …

Protection Of Online Gender-Based Violence Victims: A Feminist Legal Analysis, Gisela Violin, Yvonne Kezia Nafi

The Indonesian Journal of Socio-Legal Studies

The complexity of the digital era, especially throughout the COVID-19 pandemic, has led to increasing cases of gender-based violence online (GBVO). However, this issue has not yet received attention in the realm of Indonesian law, especially when it comes to protecting the rights of the victims. This paper aims to see how the current legal framework in Indonesia handles GBVO cases and whether it is sufficient to provide protection for victims. This paper also wants to show that the practice of GBVO is often more detrimental to women through the elaboration of several examples of cases that are widely discussed …

The Global Benefits Of The Law & Economics Framework In Legal Education: Overview (Part 1), Patrick H. Gaughan

Akron Law Review

This is the first in a series of articles that overarchingly proposes that the globalization of markets necessitates the integration of the Law & Economics Framework into legal education across all legal systems. The goal of this article is to introduce readers to the Law & Economics Framework by providing an overview of relevant terms, concepts, and historical background. This article discusses the interplay of lawyers and globalization; defines the Law & Economic Framework and its origins; details relevant principles of economics; and delves into some criticisms of the Framework. The remainder of the series will be devoted to demonstrating …

Judicial Impartiality In The Judicial Council Act 2019: Challenges And Opportunities, Brian M. Barry Dr

Articles

The Judicial Council is tasked with promoting and maintaining high standards of judicial conduct. The Judicial Council Act 2019 identifies judicial impartiality as a principle of judicial conduct that Irish judges are required to uphold and exemplify. Despite its ubiquity, judicial impartiality is perhaps under-explained and under-examined.

This article considers the nature and scope of judicial impartiality in contemporary Irish judging. It argues that the Judicial Council ought to take a proactive, multi-faceted approach to promote and maintain judicial impartiality, to address contemporary challenges that the Irish judiciary face including increasingly sophisticated empirical research into judicial performance, the proliferation of …

The Migrant Protection Protocols: Two Administrations, One Outcome, Alexandria Doty

Immigration and Human Rights Law Review

Immigrants have long seen the southern border of the United States as the last stop before they are able to enter the land of the free. The Department of Homeland Security, however, strives to make the southern border as inhospitable as possible to those hoping to cross. The Migrant Protect Protocols is the latest attempt from Washington to block access to the United States to immigrants who are detained by forcibly returning them to Mexico to await their deportation proceedings. While Americans have read stories of families being torn apart at the border or listened to interviews of politicians promising …

Canada, Angela E. Weaver, Honorable Del W. Atwood, Jacqueline Bart, Melissa N. Burkett, Sunita D. Doobay, Daniel G.C. Glover, Julia L. Johnson, Sergio R. Karas, Adam Mauntah, Taha Qureshi, Taylor Schappert, Carrie A. Wright

The Year in Review

No abstract provided.

Transnational Legal Practice, Laurel Terry

The Year in Review

No abstract provided.

Strengthening Immigration Support For Agricultural Labor Migration And Ending Modern Day “Harvest Of Shame” A Comparative Study Of The American And Australian Approaches, Dr. Ying Chen

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Third Annual Women In Law Leadership Lecture: A Fireside Chat Featuring Amy Barasch, Esq., Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Me, Myself And My Digital Double: Extending Sara Greene’S Stealing (Identity) From The Poor To The Challenges Of Identity Verification, Michele E. Gilman

All Faculty Scholarship

Identity is an essential part of the human condition. When one’s identity is stolen or when a state rejects a citizen’s identity, the consequences can be devastating to one’s notion of selfhood as well as undermine their economic security. In Stealing (Identity) from the Poor, Sara Greene explores the serious harms suffered by low-income people who are victimized by identity theft. She explains that our plutocratic regime of identity theft laws serves the interests of wealthier Americans at the expense of those experiencing poverty.

This Essay extends Greene’s analysis and framing to the harms of identity verification systems, particularly in …

Moving Law Schools Forward By Design: Designing Law School Curricula To Transfer Learning From Classroom Theory To Clinical Practice And Beyond, April Land, Aliza Organick

Journal of Legal Education

No abstract provided.

Designing A Fulfilling Life In The Law, Bridgette Carr, Vivek Sankaran, Taylor J. Wilson

Journal of Legal Education

No abstract provided.

Book Review Of Shaping The Bar: The Future Of Attorney Licensing, Marsha Griggs, Andrea A. Curcio

Journal of Legal Education

No abstract provided.

Public Administration And Policy Degree Programs In Legal Education: The Mcgeorge School Of Law Case Study, John Kirlin, Jeffrey Michael, Francis J. Mootz Iii

Journal of Legal Education

No abstract provided.

Growing Number Of Leadership Programs And Courses Supports Professional Identity Formation, Teague, Leah

Santa Clara Law Review

Through service and leadership, lawyers influence people and impact organizations and communities. Law students need to be aware of their opportunity for influence as part of their professional identity and they need to be prepared for the obligations of service that accompany the privilege of acquiring a law degree. The number of law schools with leadership development courses and programs has grown rapidly over the last ten years to: encourage law students to embrace their obligation to serve clients and society; better equip law students for positions of leadership and influence (including building relationships with clients); and inspire them to …