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Articles 31 - 60 of 187
Full-Text Articles in Entire DC Network
Aba Model Rule 8.4(G) In The States, Josh Blackman
Aba Model Rule 8.4(G) In The States, Josh Blackman
Catholic University Law Review
This essay will provide a brief overview of how the states have responded to
ABA Model Rule 8.4(g). Part I reviews opinions from four state attorneys
general who concluded that the rule is unconstitutional: Texas, South Carolina,
Louisiana, and Tennessee. Part II discusses the states that considered the rule
with modifications. Part III reviews the states that considered Rule 8.4(g) as
drafted. So far, only one state adopted the rule: Vermont. However, the process
is still not over, and other states are currently considering the rule.
Faith-Based Law Schools: Making Mission Matter, Veryl Victoria Miles
Faith-Based Law Schools: Making Mission Matter, Veryl Victoria Miles
Catholic University Law Review
A faith-based law school offers unique values to the legal profession and larger community. However, this faith-based identity requires attention by the dean, faculty, administration, student body, and community. Without attention to a faith-based identity, a law school can quickly lose its religious uniqueness.
This Article makes the case that a faith-based law school needs to consider “the essentials” to making its mission matter. First, the faith-based school must make a mission statement that incorporates its church’s religious values and traditions. Second, the faith-based law school needs to create a mission-based environment. This environment can only be achieved if the …
Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith
Poverty, The Great Unequalizer: Improving The Delivery System For Civil Legal Aid, Latonia Haney Keith
Catholic University Law Review
When individuals in the United States face civil justice issues, they are not entitled to legal counsel and therefore must secure paid counsel, proceed pro se or qualify for free legal assistance. As a result of the economic downturn, the number of Americans who are unable to afford legal counsel is now at an all-time high. In response to this ever-widening justice gap, the public interest community has launched multiple initiatives to supplement the underfunded legal aid system. Though valiant, this article argues that this approach has unfortunately created a complex, fragmented and overlapping delivery system for legal aid. This …
Seeking Common Sense For The Common Law Of Common Interest In The D.C. Circuit, Jared S. Sunshine
Seeking Common Sense For The Common Law Of Common Interest In The D.C. Circuit, Jared S. Sunshine
Catholic University Law Review
Privilege law can be frustrated by the complexity of modern legal actions involving ramified enterprises engaging with their peers. To protect such allied parties cooperating in litigation or other legal matters, courts have innovated doctrines extending discovery protections to such postures under the names of co-client, joint defense, and common interest privilege. The niceties of these doctrines have proven unclear, however, particularly in the challenging situation of competing companies whose collusion or combinations must be monitored for antitrust concerns. Following a thorough overview of each doctrine and identifying how they overlap and differ, a focused examination of multi-party privilege law …
Talk Don’T Touch? Considerations For Children’S Attorneys On The Physical Touch Of Clients, Andrea L. Dennis
Talk Don’T Touch? Considerations For Children’S Attorneys On The Physical Touch Of Clients, Andrea L. Dennis
Catholic University Law Review
Forming a positive attorney-client relationship with a child is a complex process that involves many considerations. Although it offers guidance on effectively communicating and creating a safe environment, the legal system has neglected to form appropriate standards governing physical touch of juvenile clients. There are numerous benefits to physical touch of clients. However, a lack of guidance on the appropriate ways to use physical touch creates the risk negative effects will result from the touch. Drawing from the standards of other child-focused professions, this Article provides guidelines for attorneys contemplating using physical touch to develop a positive rapport with child …
Federalism, Federal Courts, And Victims' Rights, Michael E. Solimine, Kathryn Elvey
Federalism, Federal Courts, And Victims' Rights, Michael E. Solimine, Kathryn Elvey
Catholic University Law Review
One of the most striking developments in American criminal law and procedure in the past four decades has been the widespread establishment of victims’ rights at both the federal and state levels. A conspicuous exception to the success of the victims’ rights movement has been the failure of Congress to pass a proposed amendment to the U.S. Constitution that would uniformly establish such rights in all federal and state courts. Advanced by both private organizations and state officials, and with bipartisan support in Congress, bills establishing a Victims’ Rights Amendment (VRA) have been introduced several times in the past three …
Inmates’ E-Mails With Their Attorneys: Off-Limits For The Government?, Amelia H. Barry
Inmates’ E-Mails With Their Attorneys: Off-Limits For The Government?, Amelia H. Barry
Catholic University Law Review
The attorney-client privilege is vital to inmates who otherwise have limited opportunities for private communications in prison. Traditionally, inmates have only been able to communicate with their attorneys via in-person visits, phone calls, and mailed letters. As federal inmates have begun using e-mail to converse with their attorneys, courts have had to determine if these conversations are protected by the attorney-client privilege. This Comment discusses courts’ approaches to this question, many of which have found that inmates’ e-mail communications with their attorneys are not privileged because by using the federal prison e-mail system, which warns users that conversations can be …
A Good Rule, Poorly Written: How The Financial Crisis Highlighted The Inadequacy Of Iolta Rate Rules, Andrew Arthur
A Good Rule, Poorly Written: How The Financial Crisis Highlighted The Inadequacy Of Iolta Rate Rules, Andrew Arthur
Catholic University Law Review
Interest on lawyer trust accounts (IOLTA) provide a substantial component of funding that is used to provide legal aid to needy individuals throughout the United States. However, IOLTA program revenues fluctuate with the deposit interest rates, which have remained near zero after the onset of the 2008 global financial crisis. The Comment examines IOLTA rate rules across the country, and the impact of reduces IOLTA revenues on legal aid programs. The Comment further asserts that IOLTA rate rules are not adequately designed to account for fluctuation in central bank interest rates, causing unanticipated problems for legal aid funding. Finally, the …