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2011 Cardozo Life (Issue 1), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Around Campus, page 2

Questions for Prof. Max Minzner, page 16

Faculty Briefs, page 18

An Interview with Stanley Fish, page 22

Same-Sex Marriage in the US, page 28

Standing Up to the Vatican, page 32

A Summer of Public Service, page 36

Intellectual Property: Fast Forward, page 42

Alumni News & Notes, page 49

Cardozo Advancement, page 57

Endnote, page 60

Volume 7 Issue 1 (Spring 2011)

The Modern American

No abstract provided.

Outsourcing Fraud Detection: The Analyst As Dodd-Frank Whistleblower, Luke Roosevelt Hornblower

Journal of Business & Technology Law

No abstract provided.

Whose Claim Is This Anyway? Third-Party Litigation Funding, Maya Steinitz

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Fiduciary-Based Standards For Bailout Contractors: What The Treasury Got Right And Wrong In Tarp, Kathleen Clark

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Interdisciplinary Transactional Courses, Eric J. Gouvin, Robert Statchen, Anthony J. Luppino, William A. Kell

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Legal Writing Professors Morphing Into Contract Drafting Professors, Grace Hum, Miki Felsenburg, Barbara Lentz, Carolyn Broering-Jacobs, Ted Becker

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Innovative Transactional Pedagogies, Joan Macleod Heminway, Michael A. Woronoff, Lyman P.Q. Johnson

Transactions: The Tennessee Journal of Business Law

No abstract provided.

The Freedom Of Information Act Trial, 61 Am. U. L. Rev. 217 (2011), Margaret B. Kwoka

UIC Law Open Access Faculty Scholarship

This Article examines the paucity of Freedom of Information Act (FOIA) cases that go to trial and courts' preference for resolving these disputes at the summary judgment stage. Using traditional legal analysis and empirical evidence, this Article explores whether we should expect FOIA cases to go to trial and how the scarcity of FOIA trials compares to the trial rate in civil litigation generally. It concludes that the unusual use of summary judgment in FOIA cases has unjustifiably all but eliminated FOIA trials, which occur in less than 1 % of FOIA cases. It further examines how conducting FOIA trials …

Legal Malpractice Litigation And The Duty To Report Misconduct, Vincent R. Johnson

Faculty Articles

Lawyers participating in legal malpractice litigation sometimes encounter evidence of serious disciplinary rule violations. Whether, and how soon, those lawyers are required to report this information to grievance authorities is a question that has received little attention from courts and scholars, despite the fact that most states have mandatory reporting rules. The dilemma for lawyers serving as testifying experts is particularly troublesome because nonreporting may result not only in discipline, but testimonial impeachment. The better view is that an expert in a pending case ordinarily has no mandatory obligation to report misconduct. This conclusion is supported by an analysis of …

Engaging Law Students In Leadership, Faith Rivers James

Saint Louis University Public Law Review

The new challenge of legal education is preparing civic-minded lawyers to assume leadership roles in their communities, law firms, the legal profession, and in the public square. Defined as the process of influencing and persuading others to achieve a common purpose, leadership describes the lawyers’ task with individual and organizational clients; considered as a characteristic of people in positions of power, lawyers often assume the mantle of leading organizations. Whether defined as process or position, lawyering involves leadership in the private sector or in the public realm.

This article considers the progressive structure of a comprehensive law and leadership program …

Rethinking Medicaid In The New Normal, Sara Rosenbaum, Benjamin D. Sommers

Saint Louis University Journal of Health Law & Policy

No abstract provided.

The Panic Defense And Model Rules Common Sense: A Practical Solution For A Twenty-First Century Ethical Dilemma, Teresa M. Garmon

Georgia Law Review

The attorney-client relationshipremains one of the most
highly regarded associations in society and is of
indispensable importance for criminal defendants, but it
is not a relationship that lasts forever. The Model Rules of
Professional Conduct (Model Rules) not only allow
breaking this affiliation, but also sometimes demand it.
Yet, in other circumstances, the Model Rules and judicial
custom may force an attorney to proceed with a
representation-even in the face of fundamental
disagreement with the core defense in a criminal case.
Through the avenue of the gay panic defense, this Note
explores how attorneys can become trapped between their
own …

Town Of Greenfield 2010 Annual Reports For Fiscal Year Ending December 31, 2010., Greenfield Town Representatives

Greenfield, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.

Mentoring For A Public Good, George Kawamoto

UC Law SF Journal on Gender and Justice

Even into the 1970s, Asian American attorneys faced significant discrimination and difficulty finding work in law firms. Because of these injustices and a desire to right them, social justice lawyering became a hallmark of that generation of Asian American lawyers. Litigating civil rights violations in cases such as Korematsu v. United States allowed senior Asian American attorneys to mentor a younger generation of lawyers. Although more minority attorneys now are offered work in firms and the appearance of racism has diminished, social justice mentoring remains vital to today's Asian American legal community. Teaming minority law students and young attorneys with …

With Their Own Hands: A Community Lawyering Approach To Improving Law Enforcement Practices In The Deaf Community, Kelly Mcannany, Aditi Kothekar Shah

Valparaiso University Law Review

No abstract provided.

Communication Access Funds: Achieving The Unrealized Aims Of The Americans With Disabilities Act, Howard A. Rosenblum

Valparaiso University Law Review

No abstract provided.

Lawyers' Responsibilities Under Title Iii Of The Ada: Ensuring Communication Access For The Deaf And Hard Of Hearing, Elana Nightingale Dawson

Valparaiso University Law Review

No abstract provided.

Breaking The Sound Barriers: How The Americans With Disabilities Act And Technology Have Enabled Deaf Lawyers To Succeed, John F. Stanton

Valparaiso University Law Review

No abstract provided.

The Jurisprudential Turn In Legal Ethics, Kate Kruse

Faculty Scholarship

When legal ethics developed as an academic discipline in the mid-1970s, its theoretical roots were in moral philosophy. The early theorists in legal ethics were moral philosophers by training, and they explored legal ethics as a branch of moral philosophy. From the vantage point of moral philosophy, lawyers’ professional duties comprised a system of moral duties that governed lawyers in their professional lives, a “role-morality” for lawyers that competed with ordinary moral duties. In defining this “role-morality,” the moral philosophers accepted the premise that “good lawyers” are professionally obligated to pursue the interests of their clients all the way to …

Demands Of The Marketplace Require Practical Skills: A Necessity For Emerging Practitioners, And Its Clinical Impact On Society - A Paradigm For Change, Ann Marie Cavazos

Journal of Legislation

No abstract provided.

Continuum: Volume 35 (Winter 2011), Osgoode Hall Law School Of York University

Continuum: Osgoode Hall Law School Alumni Magazine

No abstract provided.

Trademarks, Identity, And Justice, 11 J. Marshall Rev. Intell. Prop. L. 133 (2011), Rita Heimes

UIC Review of Intellectual Property Law

Intellectual property scholars have written extensively against expanding the scope of intellectual property laws, using social justice and distributive justice principles to support their arguments. A typical argument attacks broad adoption and enforcement of copyright laws that prevent access to information and therefore knowledge, or broad patent protection that reduces access to medicines and other important technologies. In recent years, a few scholars have begun to suggest that certain areas of intellectual property law—primarily copyright—may play a positive role in social justice. These arguments are founded on views of social and distributive justice that consider personal empowerment and freedom to …

Ip Legal Ethics In The Everyday Practice Of Law: An Empirical Perspective On Patent Litigators, 10 J. Marshall Rev. Intell. Prop. L. 309 (2011), William T. Gallagher

UIC Review of Intellectual Property Law

This article presents preliminary findings from a qualitative empirical study of patent litigators. Part of a larger and ongoing project studying intellectual property lawyers in patent, trademark, and copyright enforcement and litigation actions, this article focuses on ethical decision-making by patent litigators in the pretrial discovery process. The article is based on data from in-depth, semi-structured interviews with fifty-five patent litigators and from a detailed case study of the infamous Qualcomm patent sanctions case. The article critically examines how patent litigators perceive of and respond to ethical issues that arise in the discovery process. It also analyzes the structural and …

Ethical Issues In U.S. Trademark Prosecution And Ttab Practice, 10 J. Marshall Rev. Intell. Prop. L. 365 (2011), Linda K. Mcleod, Stephanie H. Bald

UIC Review of Intellectual Property Law

The conduct of practitioners and agents before the U.S. Patent and Trademark Office (“USPTO” or “Office”) is subject to regulation by the Office under 35 U.S.C. § 2(b)(2)(D). This provision grants the Under Secretary of Commerce for Intellectual Property and the Director of the USPTO the authority to establish regulations to govern the conduct of agents, attorneys, or other representatives before the Office, including establishing disciplinary measures for non-compliance with those regulations. The USPTO regulations governing conduct include the Patent and Trademark Office Code of Professional Responsibility. This article summarizes the key canons and disciplinary rules applicable to trademark practitioners …

Tom Gregory V. Mark Shurtleff : Brief Of Amicus Curiae Utah Legislature, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM AN ORDER OF DISMISSAL ENTERED BY THE THIRD JUDICIAL DISTRICT COURT, THE HONORABLE L. A. DEVER PRESIDING.

Anderson And Karrenberg V. Jerry Warnick, Martin Tanner, David Thayne And Heritage Communications, Inc. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Final Order and Judgement of Third District Court Judge L. A. Dever

Anderson And Karrenberg V. Jerry Warnick, Martin Tanner, David Thayne And Heritage Communications : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third District Court, Salt Lake County, State of Utah, The Honorable L. A. Dever Civil No. 080901745

Mojo Syndicate Inc., And A Bar Named Sue Llc V. 3928 Llc And John Fredrickson : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Order of the Third District Court, Salt Lake County, Salt Lake Division, The Honorable Judge Sandra Peuler

Davis & Sanchez, Pllc V. University Of Utah Healthcare : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from Memorandum Decision Dated January 10, 2011 Third District Court, State of Utah Judge Deno G. Himonas