Digital Commons Network^™

How The Fusion Of Technology And The Law Will Serve As A Catalyst For Legal Evolution, Andrabi, Nayef

Santa Clara High Technology Law Journal

HOW THE FUSION OF TECHNOLOGY AND THE LAW WILL SERVE AS A CATALYST FOR LEGAL EVOLUTION

Whole Health: A Community Approach To Healthcare Keynote #2, Professor Larry Van Horn, Professor Leah R. Fowler

Belmont Health Law Journal

No abstract provided.

Whole Health: A Community Approach To Healthcare Panel, Tera Hambrick, Mark Ison, Dr. Jeanne James, Caitlyn Page, William Wright

Belmont Health Law Journal

No abstract provided.

William & Mary Law School Clinic News (Spring), William & Mary Law School

William & Mary Law School Clinical Program Newsletter

No abstract provided.

A "Meaningful" Seat At The Table: Contemplating Our Ongoing Struggle To Access Democracy, James M. Binnall

SMU Law Review Forum

In recent years, felon-voter disenfranchisement has received considerable attention from academics, policymakers, and the media. In turn, a number of jurisdictions have eased record-based voter restriction statutes. And while those efforts represent a significant step toward full civic reintegration for those with a felony criminal history, they are far from comprehensive, as they regularly omit citizens with certain types of felony convictions and typically address only one form of civic marginalization. Focusing on recent reform in the area of civic restrictions, this Article suggests that incomplete civic restoration comes with significant consequences that ought to be considered during legislative negotiations. …

Forming Start-Up Companies: Who’S My Client?, Nancy J. Moore

Fordham Law Review

Consider the following scenario: three individuals—a magician, a baker, and a puppeteer—want to start a business that will run birthday parties for children. The magician will put up most of the money, the baker has extensive experience with children’s birthday parties, and the puppeteer, who has an MBA, will manage the business. They meet with a lawyer to help them form a company, including advising them on such issues as choice of entity and allocation of ownership and control. Before the lawyer agrees to the representation, she must ask herself: “who will I represent?”

On Target? Assessing Gun Sanctuary Ordinances That Conflict With State Law, Sheila Simon

West Virginia Law Review

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 53, Number 1, Spring 2020

Nebraska Transcript

2 Dean's Message

4 Faculty Notes

10 Civil Procedure, State Con Law scholar, Jonathan Marshfield, joins Nebraska Law

11 Remembering Steve Kalish

14 Remembering Marty Gardner: Long time faculty member, Gardner loved teaching, prioritized students. Professor Marty Gardner passed away late November 2019. His longtime friend and colleague, Professor Robert Denicola, remembers his kindness and love of teaching.

17 University hosts FCC Chairman Ajit Pai

18 Nebraska Law Hosts 12th Annual Nebraska Space Law Conference

20 Women’s Leadership Initiative features former ACLU president Nadine Strossen

29 Football agent Mulugheta maintains, ‘For success, be all in, but find balance' David Mulugheta, …

A Comprehensive Procedural Mechanism For The Poor: Reconceptualizing The Right To In Forma Pauperis In Early Modern England, Annie Prossnitz

Northwestern University Law Review

In early modern England, litigants could petition for in forma pauperis status in order to seek free legal services, including representation. Scholars have often invoked this history to bolster the claim for a reinforced in forma pauperis right today. This Note explores the origins of the right to in forma pauperis status from a different angle. At the core of this Note is an examination of ninety-two primary-source in forma pauperis petitions and court documents, filed in sixteenth- and seventeenth-century English courts of equity, namely Chancery, the Court of Requests, Star Chamber, and Exchequer. Rather than the mythical, rarely used, …

Compliance Elites, Miriam Baer

Faculty Scholarship

No abstract provided.

Columbus's Legacy: Trafficking Of Native American Women In The 21st Century, Carly Gillespie

South Carolina Law Review

No abstract provided.

Early Intervention By Counsel: A Multi-Site Evaluation Of The Presence Of Counsel At Defendants’ First Appearances In Court, Alisa Pollitz Worden, Andrew L. B. Davies, Reveka V. Shteynberg, Kirstin A. Morgan

Deason Center Reports

Over the past decade, some states have sought to ensure that defendants are provided counsel at their first appearance in court (CAFA). The rationale for this effort is that having an attorney present at the first court hearing, which is often arraignment, will result in judges releasing more low-risk defendants on recognizance or on lower bails. Early access to legal counsel might also result in better prospects for diversion from prosecution, charge reductions before conviction, and less punitive sentences. The CAFA initiatives in the upstate New York counties have been funded by state grants to indigent defense providers. The participating …

Indigent Defense In West Virginia: A Historical Look At Public Defender Services, Ralph E. Mckinney Jr., Casey W. Baker J.D.

West Virginia Law Review

No abstract provided.

Contract Law—Arkansas’S Un-American Approach To Attorney’S Fees For Breach Of Contract, Michael J. Berry

University of Arkansas at Little Rock Law Review

No abstract provided.

Four Pathways Of Undermining Board Of Trustees Of The University Of Alabama V. Garrett, Derek Warden

University of Arkansas at Little Rock Law Review

In Board of Trustees of the University of Alabama v. Garrett, the Supreme Court held that Title I of the ADA did not validly abrogate state sovereign immunity; and as such, a plaintiff could not obtain damages against the states or sue the states directly for injunctive relief. Many courts and scholars have read Garrett as sounding the death knell for ADA Title I government employee plaintiffs. This article shows that such fears are misplaced. Indeed, this article offers four pathways around Garrett that show Title I and its requirements are very much alive and well. First, the article shows …

Faculty Masthead

Georgia State University Law Review

No abstract provided.

Who Makes The Rules Around Here? The Missouri Legislature Redefines Discovery, Maddie Mcmillian

Missouri Law Review

In 2019, the Missouri General Assembly passed Senate Bill 224, which made significant changes to the Missouri Supreme Court Rules governing discovery. The bill intended to align state discovery rules more closely with the Federal Rules of Civil Procedure (“the FRCP”), mirroring the majority of other states that have already adopted some form of the federal rules. In advocating for the change, the bill sponsor, Senator Tony Luetkemeyer (R-34), stated, “These reforms will expedite lawsuits, ensure more timely resolution of disputes, and reduce costs for all parties involved.” While the ultimate impact of the rule change remains to be seen, …

Forming Start-Up Companies: Who's My Client?, Nancy J. Moore

Faculty Scholarship

Consider the following scenario: three individuals—a magician, a baker, and a puppeteer—want to start a business that will run birthday parties for children. The magician will put up most of the money, the baker has extensive experience with children’s birthday parties, and the puppeteer, who has an MBA, will manage the business. They meet with a lawyer to help them form a company, including advising them on such issues as choice of entity and allocation of ownership and control. Before the lawyer agrees to the representation, she must ask herself: “who will I represent?”1

The author of this hypothetical, legal …

Join With Me, Won't You? Civic Engagement, Covid-19, And The Millennial Generation Of Law Professors, Joseph A. Schremmer

Faculty Scholarship

My goals in this essay are to place legal education’s COVID-19 crisis into this broader context and illuminate the unique opportunity that millennial law professors have to create the conditions for more robust community participation within and outside of our law schools. Part I summarizes the decline of civic engagement and social capital in preceding decades and its consequences for law, public discourse, and quality of life. Part II outlines how this deficit of social capital exacerbates the challenges facing law schools and professors in delivering legal education and constructing community during the coronavirus pandemic. Part III explores the unique …

Proposition 187 And The Legacy Of Its Law Enforcement Provisions, Huyen Pham

Faculty Scholarship

Passed by a wide margin of California voters in 1994, Prop. 187 is primarily remembered as a law that tried to deny state-funded health care and education to unauthorized immigrants. Far less attention has been paid to Section Four in Prop. 187 that required all law enforcement agencies (LEAs) in California to “fully cooperate” with federal immigration authorities. Specifically, these provisions required LEAs to verify the legal status of any arrestee “suspected” of being in the U.S. unlawfully, notify the arrestee of his/her unlawful status, and report the arrestee to state and federal immigration authorities.

Though never enforced, Section Four …

Economic Inequality, Access To Law, And Mandatory Arbitration Agreements: A Comment On The Standard Conception Of The Lawyer’S Role, Sung Hui Kim

Fordham Law Review

This Article contends that these autonomy-based defenses of the standard conception cannot withstand the “economic inequality” objection. According to this objection, the moral worthiness of lawyering under the standard conception cannot be reconciled with a legal system that is so marred by gross economic inequality such that only the wealthy have access to lawyers. It can also not be reconciled with the fact that the wealthy routinely use lawyers to undermine the public interest and exploit others who cannot afford lawyers. After examining responses to the economic inequality objection, this Article concludes that these responses do not take seriously how …

The Drive To Advise: A Study Of Law Students At A Pro Bono Brief Advice Project, Linda F. Smith

St. Mary's Law Journal

Abstract forthcoming.

Rethinking Foster Care: Why Our Current Approach To Child Welfare Has Failed, Vivek Sankaran, Christopher Church

SMU Law Review Forum

Over the past decade, the child welfare system has expanded, with vast public and private resources being spent on the system. Despite this investment, there is scant evidence suggesting a meaningful return on investment. This Article argues that without a change in the values held by the system, increased funding will not address the public health problems of child abuse and neglect.

Foreword: Corporate Lawyers: Ethical And Practical Lawyering With Vanishing Gatekeeper Liability, Marc I. Steinberg

Fordham Law Review

As the articles in this Colloquium illustrate, the role of the corporate lawyer—both as in-house and outside counsel—is instrumental in effectuating ethical lawyering, sound corporate governance practices, and law compliance. These timely contributions that are summarized at a later point in this Article comprise a valuable resource to assess the functions, obligations, and perceptions of the corporate attorney, as well as the public policy ramifications of counsel’s conduct.

The Evolving Federal Response To State Marijuana, Robert A. Mikos

Vanderbilt Law School Faculty Publications

The states have launched a revolution in marijuana policy, creating a wide gap between state and federal marijuana law. While nearly every state has legalized marijuana in at least some circumstances, federal law continues to ban the substance outright. Nonetheless, the federal response to state reforms has been anything but static during this revolution. This Essay, based on my Distinguished Speaker Lecture at Delaware Law School, examines how the federal response to state marijuana reforms has evolved over time, from War, to Partial Truce, and, next (possibly) to Capitulation. It also illuminates the ways in which this shifting federal response …

Compliance Elites, Miriam H. Baer

Fordham Law Review

As corporate compliance has expanded its influence, so too has the status of those who implement and oversee the firm’s compliance function. Chief compliance officers (CCOs), who are often (but not exclusively) lawyers by training, increasingly boast the types of resumes one associates with elite lawyers. In many ways, this is good news for compliance. There may, however, be several downsides to a strategy of relying so heavily on a cadre of compliance elites. The aim of this Article is to discuss one of these downsides. High-performing lawyers nurture a potent, yet underexplored, cognitive blind spot. Having performed extremely well …

Gatekeepers, Cultural Captives, Or Knaves?: Corporate Lawyers Through Different Lenses, Donald C. Langevoort

Fordham Law Review

Here, I simply want to move things forward in the study of the professional responsibility of corporate lawyers in two ways that are somewhat related. One is to push harder on consciousness by looking more closely at the lengthy continuum— not a binary yes/no—in the awareness of wrongdoing risk as heavily influenced by the “slippery slope.” That is a layman’s intuition put to use well beyond academic research: armchair philosophers have long understood that the road to hell is not only paved with good intentions but starts in small, often unconscious steps that gradually grow larger and harder to stop. …

Using General Counsel To Set The Tone For Work In Large Chapter 11 Cases, Nancy B. Rapoport

Fordham Law Review

This Essay suggests that one way for the general counsel to help bankruptcy professionals make better staffing and budget decisions is to communicate her values more clearly to those professionals at the beginning of the engagement. In her role as the chief legal officer, the general counsel needs to let the bankruptcy professionals in on her thought processes. How does she watch over her own attorneys’ decisions in other types of cases? What expenses does she consider reasonable? If she takes an active role in monitoring her bankruptcy professionals’ work, her values (assuming that they’re good values) will contribute to …

Chief Legal Officer 5.0, Omari Scott Simmons

Fordham Law Review

This Essay builds upon the business-lawyer value-creation literature by analyzing the contemporary CLO and argues for an enhanced CLO role. It emphasizes the sometimes ignored and underemphasized demand-side considerations involved in the provision of legal services. These demand- side considerations will help to predict the competencies and expanded skill sets CLOs will need to navigate the challenging contemporary business environment. Part I of this Essay discusses CLOs’ sophisticated purchasing competencies. It explores how CLOs have revolutionized legal service provision by addressing problems stemming from information asymmetries between the client corporation and external legal service providers. Part II examines how the …

Getting In And Out Of The House: The Worlds Of In-House Counsel, Big Law, And Emerging Career Trajectories Of In-House Lawyers, Eli Wald

Fordham Law Review

The traditional story of in-house counsel is of a transformation and triumph over “Big Law” in a zero-sum game for power, prestige, and money. That story, however, is inaccurate descriptively, prescriptively, and normatively. Descriptively, in-house lawyers were part of the legal elite dominating corporate counseling before large law firms first rose to power and prominence. In-house counsel then lost ground and the position of general counsel to Big Law lawyers between the 1940s and 1970s, only to mount an impressive comeback to elite status beginning in the 1970s. Yet the in-house comeback was not a simple power struggle with Big …