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Fall 2018 Magazine

Ergo

No abstract provided.

Vol. 55, No. 07 (October 1, 2018)

Indiana Law Annotated

No abstract provided.

The Virtues Of Complexity: Judge Marrero's Systemic Account Of Litigation Abuse, Charles M. Yablon

Cardozo Law Review

No abstract provided.

The Cost Of Rules, The Rules Of Costs, Victor Marrero

Cardozo Law Review

No abstract provided.

Government Lawyering: Duties And Ethical Challenges Of Government Lawyers, Andrew Flavelle Martin

Dalhousie Law Journal

Are government lawyers different than lawyers in private practice? If so, why does it matter? While these questions have been addressed piecemeal in the Canadian legal ethics literature, Elizabeth Sanderson's Government Lawyering: Duties and Ethical Challenges of Government Lawyers is the first comprehensive and long-form answer to them.1 As Adam Dodek hints in the foreword 2 and has noted elsewhere,3 the degree to which government lawyers have been overlooked in the Canadian legal literature is incongruent with their sheer numbers as a proportion of the legal profession in Canada. The need for this book is pronounced.

The Legal Monopoly, Renee Newman Knake

Washington Law Review

Lawyers enjoy an exclusive monopoly over their craft, one unlike any other profession or industry. They bar all others from offering legal representation. In most jurisdictions, lawyer-judges draft, enact, and enforce their own professional conduct rules as well as preside over any legal challenge to the rules’ validity. Lawyer regulation purports to protect the public and preserve professionalism, but it also reduces competition, constrains information, and maintains artificially high prices. Consequently, much of the American public goes without help when a lawyer is needed. Federal antitrust law typically steps in to remedy this sort of pervasive market control, promoting competition …

Recalibrating Cy Pres Settlements To Restore The Equilibrium, Michael J. Slobom

Dickinson Law Review (2017-Present)

Class action settlement funds become “non-distributable” when class members fail to claim their share of the settlement or the cost of distribution exceeds the value of individual claims. Before 1974, parties had two options for disposing of non-distributable funds: escheatment to the state or reversion to the defendant. Both options undermine unique objectives of the class action—namely, compensating small individual harms and deterring misconduct.

To balance the undermining effects of escheatment and reversion, courts incorporated the charitable trust doctrine of cy pres into the class action settlements context. Cy pres distributions direct non-distributable settlement funds to charities whose work aligns …

Unplugging & Disconnecting: The Benefits Of A Planned Break From Technology, Darla Jackson

Other Faculty Publications

No abstract provided.

The Narrative Of Costs, The Cost Of Narrative, Alexander A. Reinert

Cardozo Law Review

In this Article, I will highlight some of my concerns, but they boil down to this: in terms of diagnosis, I am simply not convinced that Judge Marrero has compellingly demonstrated that in the run of cases, our procedural rules are being abused in ways that undermine justice and increase cost and inefficiencies. In part, this is a data-driven critique-there is little empirical support for the proposition that our procedural system is too costly in most cases. But my critique is also an attitudinal one. Judge Marrero makes much of the extent to which litigants fail-claims that are dismissed, motions …

Judge Victor Marrero's Challenge To The Legal Profession: A "Little Rebellion Now And Then", John D. Feerick

Cardozo Law Review

No abstract provided.

Legal Operations: Getting More From In-House Legal Departments And Their Outside Counsel, Christian Veith, Nora Tophof, Tessia Tober, Meinhard Weizmann, Markus Hartung, Dirk Hartung

Research Collection Yong Pung How School Of Law

Legal departments today face multiple daunting challenges—including rising volumes and complexity of legal work and pressure to reduce costs. To manage these challenges, more organizations are establishing legal operations teams. Understanding what legal operations does—and how—can help legal de-partments to efficiently deliver measurable business results and their counsel tobetter serve their clients.What Does Legal Operations Do? Five Strategic Activities Analysis of legal operations frameworks—as defined by the Corporate Legal Operations Consortium and the Association of Corporate Counsel—in this study indicates that the best legal operations teams excel at five strategic activities: (1) vendor, (2) risk, (3) knowledge, (4) finance/budgeting, and …

Vol. 55, No. 06 (September 24, 2018)

Indiana Law Annotated

No abstract provided.

Roger C. Cramton And The Availability Of Legal Services, Thomas D. Morgan

Cornell Law Review

No abstract provided.

Roger C. Cramton And The Legal Services Corporation, Charles W. Wolfram

Cornell Law Review

No abstract provided.

The Pro Bono Collaborative Project Spotlight: Rwu Law Alums Providing Pro Bono Through The Pbc (September 20, 2018), Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

Strengthening The Legal Practice The Heart Way, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In a commentary, SMU Associate Professor of Law Eugene Tan opined that even as the legal profession strives to remain relevant, it must resolve to be steadfast and true to its calling. The report of the Committee for the Professional Training Lawyers recently released urged all those seeking to read law and to practise law “[to] be frank in asking themselves why they are attracted to the profession”. Associate Prof Tan noted that with the Government accepting in principle the committee’s recommendations, the pathway to be a full-fledged lawyer is going to be more demanding and longer.

An Honest But Fearless Fighter: The Adversarial Ideal Of Public Defenders In 1930s And ’40s Los Angeles, Sara Mayeux

Vanderbilt Law School Faculty Publications

Vercoe's self-description as a courtroom "fighter" illuminates public defenders' professional identity in the United States in the decades after the criminal courts had developed into a modem bureaucracy, but before the Warren Court constitutionalized criminal procedure. Historians have characterized lawyering for the poor as outside the mainstream of adversar- ial legal culture, describing a "two-tiered legal system" in which lawyers celebrated courtroom combat on behalf of paying clients but relegated the indigent to a lesser form of advocacy that valorized "compromise." Comporting with this characterization, legal scholars have portrayed early public defenders as "assembly-line" workers who conducted little factual investigation …

Lawyers In Africa: Brokers Of The State, Intermediaries Of Globalization - A Case Study Of The "Africa" Bar In Paris, Sara Dezalay

Indiana Journal of Global Legal Studies

Africa is the "Global Economy's Last Frontier"! Images of the African continent as a boon of mineral riches, and a new legal Far West pervade media and scholarly accounts. Yet, these images tend to reflect the protracted political and development dependency of African states, with lawyers involved in corporate dealings on the continent either denounced as mercenaries at the service of neo-colonial "looting" or idealized as missionaries of the rule of law. This article suggests a research strategy that moves away from these ideological and political accounts. It uses lawyers' trajectories and professional strategies as an entry-point to reglobalize the …

Is Bar Exam Failure A Harbinger Of Professional Discipline?, Jeffrey S. Kinsler

St. John's Law Review

(Excerpt)

This Article’s theses are premised on two suppositions. First, the primary causes of attorney discipline are nondiligence and incompetence. Similarly, the primary causes of bar exam failure are “poor study habits, weak academic skill development, or low intellectual functioning . . . .” Thus, it is reasonable to assume that lawyers who fail the bar exam are more likely to be disciplined as attorneys. Second, there is statistical and anecdotal evidence linking the failure of entrance exams and subsequent professional discipline in other occupations. It is plausible, therefore, that such a link exists in the legal profession.

Volume 42 (Annual Report 2018)

Transcript

No abstract provided.

A Thought Experiment About The Academic "Billable" Hour Or Law Professors' Work Habits, Eli Wald

Marquette Law Review

None

Better Briefs, Lydia Fearing

St. Mary's Journal on Legal Malpractice & Ethics

Abstract forthcoming

The Limited Duties Of Lawyers To Protect The Funds And Property Of Nonclients, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

Issues arise daily in law practice about the duties owed by lawyers to nonclients with respect to funds or property entrusted to them. In resolving those issues, care must be exercised when interpreting state versions of Model Rule 1.15, the American Bar Association’s pattern ethics rule on safekeeping of funds and property. Otherwise, a lawyer’s duties to third persons may too readily encroach on the performance of obligations owed to clients, as well as on the legitimate interests of lawyers themselves.

As numerous authorities have recognized, lawyers are obliged to protect the property interests of third persons only if they …

Roger Williams University School Law Commencement May 18, 2018, Bristol, Rhode Island, Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.

Legal Ethics And The Political Activity Of Government Lawyers, Andrew Martin

Articles, Book Chapters, & Popular Press

The ability to engage in political activity is an essential feature of a democratic society. However, the ability of government lawyers to do so is unclear. While most governments have passed legislation identifying permissible political activity of their employees, it is unclear how the professional obligations of lawyers apply in this context and how these professional obligations interact with this legislation. This article answers these questions. The duty of loyalty to the client requires most government lawyers to refrain from all political activity at the same level of government. The special professional obligations of Crown prosecutors require these lawyers to …

Lawyers' Abuse Of Technology, Cheryl B. Preston

Cornell Law Review

Lawyers are highly educated and, allegedly, of higher than average intelligence, but sometimes individual lawyers demonstrate colossal errors in judgment, especially when insufficiently trained in the new and emerging risks involved with the technological age. For instance, although the internet is a necessary tool for attorneys' and is now a prominent feature in the everyday lives of all actors in the legal system, this technology poses particularized and often unanticipated risks of professional and ethical abuse -- risks that are extraordinary both in quantity and intensity. As Harvard's Director of the Center for the Legal Profession warned: We are "only …

A Rising Star: Maria Viveiros, Rwu Class Of 2017 (May 2018), Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

You Could Have Told Me That In The First Place: Five Tips That Might Have Saved A Young Lawyer A Lot Of Trouble, Jay O'Keeffe

University of Richmond Law Review

I will open with a confession: I have very, very little to contribute to legal scholarship. My day-to-day work as a lawyer and a parent keeps me busy. My career to date as a generalist has not led me to develop any great substantive expertise in a particular area of the law. Even my war stories are boring because they cluster around briefs, procedural defaults, and oral arguments. But I do have one thing to offer. I have been lucky in my career to work in “Biglaw,” then at a medium-sized firm of about fifty lawyers, and most recently at …

A Brief Recap Of Aba Techshow 2018, Jim Calloway, Darla Jackson

Other Faculty Publications

No abstract provided.

Vol. 54, No. 13 (April 16, 2018)

Indiana Law Annotated

No abstract provided.