Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University at Buffalo School of Law (162)
- St. Mary's University (32)
- University of Michigan Law School (18)
- Seattle University School of Law (17)
- New York Law School (16)
-
- UIC School of Law (16)
- American University Washington College of Law (14)
- Fordham Law School (14)
- Penn State Dickinson Law (14)
- University of Colorado Law School (13)
- Maurer School of Law: Indiana University (12)
- Schulich School of Law, Dalhousie University (11)
- Pepperdine University (8)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (8)
- Yeshiva University, Cardozo School of Law (8)
- Association of American Law Schools (7)
- Chicago-Kent College of Law (7)
- Georgetown University Law Center (7)
- Columbia Law School (6)
- Texas A&M University School of Law (6)
- The Peter A. Allard School of Law (6)
- University of Arkansas Little Rock (6)
- University of Maryland Francis King Carey School of Law (6)
- University of Richmond (6)
- North Carolina Central University School of Law (5)
- Roger Williams University (5)
- University of Missouri-Kansas City School of Law (5)
- University of New Mexico (5)
- Duke Law (4)
- Northwestern Pritzker School of Law (4)
- Keyword
-
- Legal history (26)
- American Bar Association (20)
- Legal Profession (20)
- History (19)
- ABA (17)
-
- Legal education (15)
- Legal profession (15)
- Lawyers (14)
- Legal History (14)
- Code of Professional Responsibility (13)
- Legal ethics (13)
- Ethical standards (12)
- Legal Education (11)
- Justice (9)
- Courts (8)
- Law (8)
- Lawyering (8)
- Legal aid (7)
- Women (7)
- Canada (6)
- Law schools (6)
- Race (6)
- United States (6)
- Access to Justice (5)
- American Bar Foundation (5)
- Attorneys (5)
- Corporation Counsel (5)
- Equality (5)
- Ethics (5)
- Gender (5)
- Publication Year
- Publication
-
- The Opinion Newspaper (all issues) (155)
- Faculty Scholarship (29)
- Dickinson Law Review (2017-Present) (14)
- NYLS Law Review (13)
- UIC Law Review (13)
-
- Seattle University Law Review (12)
- Dalhousie Law Journal (11)
- American Bar Association Historical Documents on Ethics (10)
- Publications (10)
- Articles (8)
- Scholarly Articles in Law Reviews & Journals (8)
- Georgetown Law Faculty Publications and Other Works (7)
- Journal of Legal Education (7)
- Scholarly Works (7)
- All Faculty Publications (6)
- Fordham Urban Law Journal (6)
- Michigan Law Review (6)
- St. Mary's Law Journal (6)
- Articles by Maurer Faculty (5)
- Journal Articles (5)
- All Faculty Scholarship (4)
- American Bar Foundation Oral Histories (4)
- Faculty Articles (4)
- Faculty Works (4)
- Law Faculty Publications (4)
- Maine Law Review (4)
- Miscellaneous Materials (4)
- North Carolina Central Law Review (4)
- Scholarly Articles (4)
- Seattle Journal for Social Justice (4)
- Publication Type
Articles 1 - 30 of 524
Full-Text Articles in Entire DC Network
Constitutions, The State And Law In Republican Venezuela (1830-2025), Rogelio Pérez-Perdomo
Constitutions, The State And Law In Republican Venezuela (1830-2025), Rogelio Pérez-Perdomo
Latin American & Caribbean Law Review
This panoramic article poses the question of the relation between the state, the constitution and the law in Venezuelan republican history. In the 19th century, Venezuela became independent, congresses approved constitutions that organized the national state, comprehensive legal codes and legislation were produced and the universities developed legal studies and produced a small number of lawyers. Nevertheless, the law had little impact on a turbulent and impoverished country, and lawyers mainly found occupation in the state and political system. In the 20th century, Venezuela constructed a powerful state that pacified the country that created conditions for a relatively prosperous economy. …
The Court Of Small Things, The Curse Of Legal Superstition: The Precipitous Decline Of Small Claims Court, Why It Matters, And What Can Be Done About It, Telia Mary U. Williams
The Court Of Small Things, The Curse Of Legal Superstition: The Precipitous Decline Of Small Claims Court, Why It Matters, And What Can Be Done About It, Telia Mary U. Williams
Nevada Law Journal
This Article addresses the precipitous decline of small claims courts in the United States and argues that their erosion is more than administrative; it is a democratic and constitutional crisis. Small claims courts were once the laboratories of everyday justice, where ordinary citizens could access law without lawyers, ritual, or mystery. The seemingly minor disputes of the small claims court illuminate the democratic soul of American law. Yet, over recent decades, filings have declined dramatically, and the locus of power has shifted from the poor to repeat-player institutional actors. This is in part due to what I call, “legal superstition,” …
The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich
The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich
Seattle University Law Review
This Note examines the preventive care mandate under the Affordable Care Act (ACA) and the legal, political, and practical challenges that threaten its effectiveness. While the ACA significantly expanded access to no-cost preventive services, gaps remain—particularly in behavioral health, obesity management, and equitable service delivery. Ongoing litigation, potential administrative rollbacks, and shifting political leadership further destabilize this critical component of public health policy.
This Note argues that for the ACA to fulfill its original promise—and for any health framework to succeed—preventive care must be redefined as a comprehensive, early intervention approach grounded in both systemic access and patient education. It …
All The King’S Lawyers, Rebecca Aviel
Equal Justice & Generative Ai, Milan R. Markovic
Equal Justice & Generative Ai, Milan R. Markovic
Faculty Scholarship
The United States has long suffered from unequal access to justice, with countless low-and middle-income Americans forced to navigate the legal system alone. Recently, prominent judges, lawyers, and scholars have seized on generative AI as a potential corrective. These techno-optimists maintain that ChatGPT and other large language models can demystify the law and address unmet legal needs. Chief Justice John Roberts has proclaimed that AI-based tools "have the welcome potential to smooth out any mismatch between available resources and urgent needs in our court system."
Although AI will be an increasingly important source of legal assistance for underserved populations, the …
Assembly-Line Public Defense, David S. Abrams, Priyanka Goonetilleke
Assembly-Line Public Defense, David S. Abrams, Priyanka Goonetilleke
Faculty Scholarship
Each year, millions of Americans rely on public defenders to fulfill their Sixth Amendment right to counsel. Despite being the linchpin of the criminal justice system, public defense remains both underfunded and understudied. This Article provides empirical analysis to contribute to a critical question: How should public defender systems be structured?
Criminal justice advocates, scholars, and the American Bar Association strongly favor vertical representation in public defense. Under this model, a single public defender represents a defendant throughout their case, from their initial appearance through sentencing. The alternative approach—horizontal representation—operates like an assembly line: Different attorneys handle each stage of …
Precipitated By The Pandemic: From Remote Witnessing To Electronic Wills, Edward Ti, Hang Wu Tang
Precipitated By The Pandemic: From Remote Witnessing To Electronic Wills, Edward Ti, Hang Wu Tang
Research Collection Yong Pung How School Of Law
The COVID-19 pandemic exposed the rigidity of will-making laws requiring in-person witnessing. Jurisdictions responded differently: some introduced temporary measures, others implemented permanent reforms allowing remote witnessing. This article compares responses in England and Wales, selected Australian states, Singapore, and Hong Kong SAR, tracing developments toward potential recognition of electronic wills. The central argument is that law reform should balance accessibility with safeguards against fraud and undue influence, avoiding overly burdensome formalities that deter compliance. The article concludes by examining how national digital identity systems could be used for the execution of electronic wills.
Access Denied: The Poor's One-Hundred Year Long Fight For Judicial Equality, Austin Jones
Access Denied: The Poor's One-Hundred Year Long Fight For Judicial Equality, Austin Jones
The Ozark Historical Review
This work discusses Reginald Heber Smith's Justice and the Poor and the framework that is described within to provide equal access to the judicial system. The writer posits that this goal has yet to be reached.
Reforming The Indian Bar: The Limits Of Technological Solutions, Varsha Aithala, Karthik Suresh
Reforming The Indian Bar: The Limits Of Technological Solutions, Varsha Aithala, Karthik Suresh
Articles
A majority of Indians do not have effective access to legal services, despite the constitutional promise of access to justice. There are two intertwined reasons for this: the unavailability of a sufficient number of good quality lawyers, and the high costs of accessing legal services. The Indian legal profession is highly unequal, with ‘prestige’ being the currency of upward professional mobility. The professional regulator, the Bar Council of India, simply lacks the capacity to regulate quality. As a consequence, clients lack the information to access lawyers, and to understand the outcomes they desire from them, and the fees they have …
The Origins Of "The Rule Of Law", Jeremy K. Kessler
The Origins Of "The Rule Of Law", Jeremy K. Kessler
Faculty Scholarship
This Article offers a novel account of the origins of “the rule of law” in the English-speaking world. The phrase itself likely entered the language as a literal translation of the Latin regula juris. Prior to the early seventeenth century, however, the phrase appears to have been used exclusively to refer to the specific legal rule or maxim most relevant to the resolution of a particular kind of dispute. The more general and abstract use of the phrase – to refer to an ideal of political morality or an ideal type of governance – first appeared in the public …
No Lawyer, No Jail: A Critical Case Study Of Pragmatism And The Flaws Of “Purposeful” Decision Making In Argersinger V. Hamlin, Alisa Smith, Sarah K. Stice
No Lawyer, No Jail: A Critical Case Study Of Pragmatism And The Flaws Of “Purposeful” Decision Making In Argersinger V. Hamlin, Alisa Smith, Sarah K. Stice
Seattle University Law Review
By releasing conference notes and internal communications, Supreme Court Justices provide insight into the otherwise private decisionmaking process, shedding light on how case outcomes and legal reasoning are framed and negotiated. The watershed case of Argersinger v. Hamlin (1972) extended the constitutional right to counsel to some, but not all, misdemeanor defendants. The case was argued twice, and the Court relied on empirical and authoritative sources to answer complex and practical questions about requiring counsel. This case study employs critical discourse analysis to uncover what influenced the Justices’ decisions and how they framed, shaped, and constructed social realities to foreground …
Modern Day Colonialism Through HawaiʻI’S Quiet Title And Partition Laws, Cheyann Fujii
Modern Day Colonialism Through HawaiʻI’S Quiet Title And Partition Laws, Cheyann Fujii
Seattle University Law Review
This Note will attempt to highlight important aspects of Hawaiian history to provide readers with a clear picture on how Native Hawaiians are still impacted by colonialism, specifically when plaintiffs bring a quiet title or partition action against Native Hawaiian owners of kuleana lands. Before colonization, the concept of private land ownership did not exist in Hawai‘i, and Native Hawaiians adopted a feudal system by dividing land into geographical areas. Missionaries and businessmen brought Western ideas to Hawai‘i and influenced legislation such as the Great Māhele and the Kuleana Land Act of 1850, which solidified the concept of private property. …
Familial Fairness: Guaranteeing The Right To Counsel For Indigent Parents In Juvenile Dependency Proceedings, Jake Toth
Dickinson Law Review (2017-Present)
Fairness principles enumerated in the seminal case Gideon v. Wainwright stand for the proposition that fundamental fairness and due process require appointment of counsel for indigent litigants. However, this principle has been constrained to criminal contexts. Many other types of litigation are just as impactful as a criminal proceeding, including juvenile dependency proceedings. Nevertheless, indigent parents do not enjoy an unqualified representation right.
This Comment traces the history of the representation right and how it has been treated in a juvenile dependency context, beginning with Gideon itself and examining other cases such as Eldridge and Lassiter. It then examines …
Law Jobs: Professional Regulation, The Division Of Legal Labor, And Institutional Change, Emily S. Taylor Poppe
Law Jobs: Professional Regulation, The Division Of Legal Labor, And Institutional Change, Emily S. Taylor Poppe
Fordham Law Review
No abstract provided.
Policing As General Warrants, Warren Buff, Brandon Hasbrouck
Policing As General Warrants, Warren Buff, Brandon Hasbrouck
Scholarly Articles
The drafters of the Bill of Rights and its proponents envisioned a document constitutionalizing protections against some of the worst abuses they had experienced under English rule. Prominent businessmen—many of them engaged in smuggling— found their homes ransacked in search of contraband on flimsy evidence and without any reason given for the disruption of their business and consequent enrichment of government agents. The Fourth Amendment addressed the use of general warrants and writs of assistance to allow government agents to conduct broad searches with limited scrutiny. In the early years of the Constitution, this had little practical effect, because public …
Corporate Governance Speech, Sarah C. Haan
Corporate Governance Speech, Sarah C. Haan
Seattle University Law Review
The State has always regulated the intra-firm communications that make corporate governance possible, most commonly by mandating disclosures of information by a corporation to its shareholders. Some such laws are labeled “securities regulation,” but securities regulation is a broad category that extends to speech by actors who are outside the corporate enterprise as well. Also, the conventional securities regulation category does not capture all such laws; other examples, including informationforcing mandates, can be found in state corporate law. This Article uses the term “corporate governance speech” to describe the communications among shareholders, directors, and officers through which corporate governance is …
The Employees’ Dilemma: Balancing Internal Reporting, Whistleblowing, And Insider Trading Risks, Geeyoung Min
The Employees’ Dilemma: Balancing Internal Reporting, Whistleblowing, And Insider Trading Risks, Geeyoung Min
Seattle University Law Review
The Essay examines how recent developments in insider trading regulations and whistleblower reward programs can lead to unintended and counterproductive results of discouraging employees from using internal reporting channels within corporate compliance programs. While the presence of a robust and well-functioning corporate compliance program is a critical factor both in mitigating the level of public enforcement actions against companies and in protecting corporate managers from liability in private litigation, these programs often provide little incentive for employees to report potential misconduct internally.
Corporate compliance programs are designed to promote the upward information flow within the company, which is essential for …
How The Antidiscrimination Law Of Commercial Transactions Really Works, Helen Norton
How The Antidiscrimination Law Of Commercial Transactions Really Works, Helen Norton
Seattle University Law Review
A variety of businesses now cite 303 Creative when seeking First Amendment protection for their refusal to serve certain customers based on those customers’ protected class status. How this litigation will play out remains to be seen. But future courts need not, and should not, repeat the 303 Creative Court’s misunderstanding of how the antidiscrimination law of commercial transactions actually works.
Part I of this Essay explains the Court’s longstanding understanding of the antidiscrimination law of commercial transactions, and then describes the Court’s failure to engage with this precedent in 303 Creative. Part II then identifies the 303 Creative decision’s …
Foundations Of The Right Of Charitable Uses, Adam J. Macleod, Mark David Hall
Foundations Of The Right Of Charitable Uses, Adam J. Macleod, Mark David Hall
Scholarly Articles
In recent years, municipalities around the United States have enacted ordinances that prohibit or restrict food-sharing in public places. These ordinances make it difficult for charitable souls to share food with those most in need. In one case, a town in Arizona arrested a woman under an ordinance that prohibits sharing food in public for charitable purposes.
The closest analogs to these laws are the English anti-almsgiving acts of the fourteenth and sixteenth centuries. One must look that far back in history because infringements of the right of charitable uses of property are exceedingly rare. Indeed, throughout the history of …
An Appreciation Of L. Kinvin Wroth, Vincent L. Mckusick
An Appreciation Of L. Kinvin Wroth, Vincent L. Mckusick
Maine Law Review
Kinvin Wroth is a man who sports many hats. After wearing his Dean's hat for twelve years with confidence and grace, Kinvin, at the end of the year, is taking off that hat and returning to wearing full-time his wide assortment of other headgear. He takes off his Dean's hat just after he reaches the age of 58, at the height of his productive powers of scholarship, teaching, and public service. For many years to come, we of the State of Maine will continue to benefit from his labors, performed under his many other hats. But the end of his …
Standing For Change: Associational Standing As An Aggregational Mechanism In Tenants' Rights, Hope Peraria
Standing For Change: Associational Standing As An Aggregational Mechanism In Tenants' Rights, Hope Peraria
Cardozo Journal of Equal Rights & Social Justice
The note argues that tenant associations can serve as an effective vehicle for aggregate lawsuits to vindicate tenants' rights, addressing the persistent enforcement gap in housing rights. By leveraging associational standing, these associations can advocate for shared interests, facilitate community organizing, and complement legal reforms. This approach not only strengthens tenants' collective power but also offers practical solutions to systemic barriers that prevent individuals from asserting their rights.
Renewing Our Vows: The Lawyer's Oath And Our Pledge To Democracy, Colin M. Black
Renewing Our Vows: The Lawyer's Oath And Our Pledge To Democracy, Colin M. Black
Suffolk University Law School Faculty Works
For centuries, lawyers have sworn to an oath as a prerequisite to admission. The oath, barely evolved from their historical roots, represents the guiding commitment lawyers make to democratic principles of honesty, integrity, fairness, and the rule of law. This commitment is in exchange for the power and privilege of belonging to the legal profession. However, the ethical landscape for legal practitioners has evolved, particularly in response to the alarming events of the 2020 U.S. presidential election. These events revealed significant lapses in the judgment and conduct among some lawyers, exposing the need for a recommitment to the democratic principles …
Interview Of Professor John Brittain, Donny R. Williams
Interview Of Professor John Brittain, Donny R. Williams
University of the District of Columbia Law Review
No abstract provided.
St. Mary's University School Of Law Papers, 1927- 2013, St. Mary's University
St. Mary's University School Of Law Papers, 1927- 2013, St. Mary's University
Finding Aids
No abstract provided.
Memories Of An Affirmative Action Activist, Margaret E. Montoya
Memories Of An Affirmative Action Activist, Margaret E. Montoya
Seattle University Law Review
Some twenty-five years ago, the Society of American Law Teachers (SALT) led a march supporting Affirmative Action in legal education to counter the spate of litigation and other legal prohibitions that exploded during the 1990s, seeking to limit or abolish race-based measures. The march began at the San Francisco Hilton Hotel, where the Association of American Law Schools (AALS) was having its annual meeting, and proceeded to Union Square. We, the organizers of the march, did not expect the march to become an iconic event; one that would be remembered as a harbinger of a new era of activism by …
The Lawyer’S Law School And The Metropolis: Two Law Schools’ Missions, Carlos R. Rosende
The Lawyer’S Law School And The Metropolis: Two Law Schools’ Missions, Carlos R. Rosende
St. Mary's Law Journal
No abstract provided.
Ethics At The Speed Of Business, James A. Doppke Jr.
Ethics At The Speed Of Business, James A. Doppke Jr.
DePaul Business & Commercial Law Journal
This paper discusses several ways in which the Illinois Rules of Professional Conduct, and the Illinois Supreme Court Rules, construct barriers that prevent lawyers and businesses from accomplishing reasonable commercial goals. Often, those barriers arise from outdated concepts, or terminology that does not reflect current business realities. The paper argues for the amendment of specific Rules to enhance lawyers’ and businesses’ respective abilities to conduct their affairs more efficiently, without sacrificing public protection in the process.
Understanding The Crisis: The Evolution Of Indigent Defense In Oregon, Molly Pettit
Understanding The Crisis: The Evolution Of Indigent Defense In Oregon, Molly Pettit
University Honors Theses
On any given day in Oregon, hundreds of people charged with a crime do not have an attorney to represent them. Many of these people are in custody, and some face charges as serious as murder. How did our public defense system reach the point of crisis? What can be done about it? This paper provides a general overview of the right to counsel nationally before narrowing the focus to the state of Oregon. Using scholarly articles, historical documents, footnotes, meeting transcripts, and interviews, I explore the beginnings of court-appointed counsel in Oregon, and document how it has grown and …
Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri
Race Ethics: Colorblind Formalism And Color-Coded Pragmatism In Lawyer Regulation, Anthony V. Alfieri
Articles
The recent, high-profile civil and criminal trials held in the aftermath of the George Floyd and Ahmaud Arbery murders, the Kyle Rittenhouse killings, and the Charlottesville "Unite the Right" Rally violence renew debate over race, representation, and ethics in the U.S. civil and criminal justice systems. For civil rights lawyers, prosecutors, and criminal defense attorneys, neither the progress of post-war civil rights movements and criminal justice reform campaigns nor the advance of Critical Race Theory and social movement scholarship have resolved the debate over the use of race in pretrial, trial, and appellate advocacy, and in the lawyering process more …
Even Lawyers Do Not Like Legalese, Eric H. Martinez, Francis Mollica, Edward Gibson