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Articles 31 - 60 of 75
Full-Text Articles in Law
Progressive Prosecutors Are Not Trying To Dismantle The Master’S House, And The Master Wouldn’T Let Them Anyway, Paul Butler
Progressive Prosecutors Are Not Trying To Dismantle The Master’S House, And The Master Wouldn’T Let Them Anyway, Paul Butler
Fordham Law Review
The first thing to note about Audre Lorde’s famous phrase “the master’s tools will never dismantle the master’s house” is that it cannot literally be true. If tools can dismantle the master’s house, the master’s own tools would be good as anyone’s. The main problem would not be that the tools don’t work, but rather how to get them to the people who most need the master’s house dismantled—the enslaved ones. But the considerable work that the phrase does in social justice movements and critical theory is figurative rather than literal. It is usually intended as a rebuke of liberal …
A Commons In The Master’S House, Daniel Farbman
A Commons In The Master’S House, Daniel Farbman
Fordham Law Review
Almost everyone who reads these words is an institutional insider in some form. Those of us who aspire toward transformation, liberation, and resistance from our institutional settings are forced to confront Audre Lorde’s striking admonition that “the master’s tools will never dismantle the master’s house.” For some, finding themselves in the master’s house is a spur towards purism—a rejection of institutional power in search of a “pure” remove from which to critique it. For others, it is a dispiriting check on their aspirations and an invitation to sullen fatalism. This Essay questions whether we are bound to the hard consequences …
When We Fight, We Win: Eviction Defense As Subversive Lawyering, Eloise Lawrence
When We Fight, We Win: Eviction Defense As Subversive Lawyering, Eloise Lawrence
Fordham Law Review
This Essay will examine the “sword and shield” model in action to explore the meaning of “subversive lawyering” in the housing context, particularly in eviction defense. In this model, we—the lawyers and law students— provide the “shield” (i.e., legal defense), while the organizers and members of grassroots housing justice organizations provide the “sword” (i.e., public pressure and protest). The lawyers are shielding tenants and foreclosed homeowners in the courts, which allows these “defendants” to simultaneously work with organizers to take necessary extralegal actions to ensure they are protected from displacement.
Lawyers' Duty Of Confidentiality And Clients' Crimes And Frauds, Douglas R. Richmond
Lawyers' Duty Of Confidentiality And Clients' Crimes And Frauds, Douglas R. Richmond
Georgia State University Law Review
Lawyers’ ethical duty of confidentiality is a fundamental aspect of the attorney-client relationship. It is also an extraordinarily broad duty; indeed, it is broader than the attorney-client privilege. So extensive a duty of confidentiality is necessary to encourage clients to trust their lawyers and to be candid with them. The public also benefits from lawyers’ duty of confidentiality, as a comment to Rule 1.6 of the ABA’s Model Rules of Professional Conduct explains: “Almost without exception, clients come to lawyers in order to determine their rights and what is, in the complex of laws and regulations, deemed to be legal …
How In The World Could They Reach That Conclusion?, Hon. Carlton Reeves
How In The World Could They Reach That Conclusion?, Hon. Carlton Reeves
Dickinson Law Review (2017-Present)
No abstract provided.
Fostering Equity And Accountability In Georgia’S Criminal Legal System Through Conviction Integrity Reforms, E. Addison Gantt, Meagan R. Hurley
Fostering Equity And Accountability In Georgia’S Criminal Legal System Through Conviction Integrity Reforms, E. Addison Gantt, Meagan R. Hurley
Mercer Law Review
An often-quoted excerpt from Berger v. United States sums up the role of a prosecutor in the criminal legal system. The context is the federal system, but it applies across the board. It begins by explaining the duty of a prosecutor: to represent the sovereign, “whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done.”2 Then, it turns to the real-world application of that role, instructing that prosecutors should present their cases with …
The Rise Of Concentrated Animal Feeding Operations, Their Effects, And How We Can Stop Their Growth, Andrea Prisco
The Rise Of Concentrated Animal Feeding Operations, Their Effects, And How We Can Stop Their Growth, Andrea Prisco
Dickinson Law Review (2017-Present)
Dramatic changes in the agricultural industry over the last century have led to the rise of concentrated animal feeding operations– industrial facilities that raise a large number of animals in confined spaces. Animals raised in these facilities suffer from poor quality of life and abuse. For humans, these facilities have had adverse effects on the environment and public health, but they are also associated with high productivity and low food costs. This Comment analyzes the effects of concentrated animal feeding operations on animal well-being, the environment, and public health. This Comment also analyzes current federal legislation that helps combat the …
Sparking A Movement: A Coordinated, Bottom-Up Approach To Increase Voluntary Pro Bono Service And Mend The Justice Gap, David W. Lannetti, Jennifer L. Eaton
Sparking A Movement: A Coordinated, Bottom-Up Approach To Increase Voluntary Pro Bono Service And Mend The Justice Gap, David W. Lannetti, Jennifer L. Eaton
Richmond Public Interest Law Review
For decades, the legal profession has tried and tried again to increase pro
bono representation and reduce the ill effects of the Justice Gap. A common
and increasing theme has been a top-down approach focused on laudable
platitudes, jurisdictional reporting policies, and aspirational guidelines to
inspire attorneys to voluntarily serve low-income Americans. These efforts
have enjoyed very little success, however, and with the Justice Gap only getting
worse, a new solution is needed. This Article shifts the focus away from
these top-down methods and mandates, which lack accountability and incentives,
to a bottom-up approach that offers a more viable solution …
Book Review Of Shaping The Bar: The Future Of Attorney Licensing, Marsha Griggs, Andrea A. Curcio
Book Review Of Shaping The Bar: The Future Of Attorney Licensing, Marsha Griggs, Andrea A. Curcio
Journal of Legal Education
No abstract provided.
The Increased Use And Permanency Of Technology: How Those Changes Impact Attorneys’ Professional Responsibility And Ethical Obligations To Clients And Recommendations For Improvement, Scott B. Piekarsky
University of Miami Business Law Review
No abstract provided.
State Spoliation Claims In Federal District Courts, Jeffrey A. Parness
State Spoliation Claims In Federal District Courts, Jeffrey A. Parness
Catholic University Law Review
The increasing amounts of electronically stored information (ESI) relevant to civil litigation, and the ease of their loss, caused federal lawmakers explicitly to address the possible consequences of certain pre-suit or post-suit ESI losses. These lawmakers acted in both 2006 and 2015 through Federal Civil Procedure (FRCP) 37(e). But they acted only on certain ESI. Their actions have prompted increasing attention to the significant risks of pre-suit and post-suit losses of all ESI, and of non-ESI, otherwise discoverable in civil actions. In addition, their actions have spurred increasing attention to the availability of substantive law claims involving spoliation of information …
Judicial Ethics In The Confluence Of National Security And Political Ideology: William Howard Taft And The “Teapot Dome” Oil Scandal As A Case Study For The Post-Trump Era, Joshua E. Kastenberg
Judicial Ethics In The Confluence Of National Security And Political Ideology: William Howard Taft And The “Teapot Dome” Oil Scandal As A Case Study For The Post-Trump Era, Joshua E. Kastenberg
St. Mary's Law Journal
Political scandal arose from almost the outset of President Warren G. Harding’s administration. The scandal included corruption in the Veterans’ Administration, in the Alien Property Custodian, but most importantly, in the executive branch’s oversight of the Navy’s ability to supply fuel to itself. The scandal reached the Court in three appeals arising from the transfer of naval petroleum management from the Department of the Navy to the Department of the Interior. Two of the appeals arose from President Coolidge’s decision to rescind oil leases to two companies that had funneled monies to the Secretary of the Interior. A third appeal …
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor
Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor
DePaul Business & Commercial Law Journal
No abstract provided.
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit
Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit
DePaul Business & Commercial Law Journal
No abstract provided.
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor
The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor
DePaul Business & Commercial Law Journal
No abstract provided.
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements
Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements
DePaul Business & Commercial Law Journal
No abstract provided.
Foreword To The 2021 Villanova Law Review Norman J. Shachoy Symposium: Practical Ethics In Corporate Law: The Science, Instruction And "Real-World" Application, J. S. Nelson
Villanova Law Review
No abstract provided.
Panel 1: Behavioral Ethics: The Science, Niki Den Nieuwenboer, Ann Tenbrunsel, Linda K. Treviño
Panel 1: Behavioral Ethics: The Science, Niki Den Nieuwenboer, Ann Tenbrunsel, Linda K. Treviño
Villanova Law Review
No abstract provided.
Panel 2: Lessons Learned From Research, Niki Den Nieuwenboer, Ann Tenbrunsel, Linda K. Treviño
Panel 2: Lessons Learned From Research, Niki Den Nieuwenboer, Ann Tenbrunsel, Linda K. Treviño
Villanova Law Review
No abstract provided.
Giving Voice To Values: How To Speak Your Mind When You Know What's Right, Mary C. Gentile
Giving Voice To Values: How To Speak Your Mind When You Know What's Right, Mary C. Gentile
Villanova Law Review
No abstract provided.
The Evolution Of Doj And Sec Expectations For Corporate Compliance Programs And Staying Ahead Of The Curve, Brian H. Benjet, Jamie Kurtz
The Evolution Of Doj And Sec Expectations For Corporate Compliance Programs And Staying Ahead Of The Curve, Brian H. Benjet, Jamie Kurtz
Villanova Law Review
No abstract provided.
Panel 3: How Behavioral Ethics Manifests In The Corporate "Real World": The Practitioner Perspective, Brian H. Benjet, Precious Murchison Gittens, Lawrence Oliver Ii, Nancy Peterson
Panel 3: How Behavioral Ethics Manifests In The Corporate "Real World": The Practitioner Perspective, Brian H. Benjet, Precious Murchison Gittens, Lawrence Oliver Ii, Nancy Peterson
Villanova Law Review
No abstract provided.
Double Standard: How Doj Flouts The No-Contact Rules Of Professional Responsibility, Lawrence Oliver Ii
Double Standard: How Doj Flouts The No-Contact Rules Of Professional Responsibility, Lawrence Oliver Ii
Villanova Law Review
No abstract provided.
The Partnership Mystique: Law Firm Finance And Governance For The 21st Century American Law Firm, Maya Steinitz
The Partnership Mystique: Law Firm Finance And Governance For The 21st Century American Law Firm, Maya Steinitz
William & Mary Law Review
This Article identifies and analyzes the de facto and de jure end of lawyers’ exclusivity over the practice of law in the United States. This development will have profound implications for the legal profession, the careers of individual lawyers, and the justice system as a whole.
First, the Article argues that various financial products that have recently flooded the legal market are functionally equivalent to investing in and owning law firms and create all the same governance challenges as allowing nonlawyers to directly own stock in law firms.
Second, the Article analyzes Arizona’s groundbreaking legalization of nonlawyer participation in law …
Monsanto: Creator Of Cancer Liability
Monsanto: Creator Of Cancer Liability
DePaul Business & Commercial Law Journal
No abstract provided.
Impact Of Corporate Response To Controversial Presidential Statements Or Policies
Impact Of Corporate Response To Controversial Presidential Statements Or Policies
DePaul Business & Commercial Law Journal
No abstract provided.
Tech And Authoritarianism: How The People’S Republic Of China Is Using Data To Control Hong Kong And Why The U.S. Is Vulnerable, Bryce Neary
Seattle Journal of Technology, Environmental & Innovation Law
The aim of this article is to analyze and compare current events in the People's Republic of China and the United States to discuss the moral dilemmas that arise when establishing the boundary between national security interests and individual privacy rights. As we continue to intertwine our lives with technology, it has become increasingly important to establish clear privacy rights. The question then becomes: at what point should individuals sacrifice their rights for what the government considers the "greater good" of the country?
Further, this article analyzes the development of U.S. privacy law and its relationship to national security, technology, …
Learning From South Korea’S Covid-19 Response: Why Centralizing The United States Public Health System Is Essential For Future Pandemic Responses, Meghan Ricci
Seattle Journal of Technology, Environmental & Innovation Law
The COVID-19 pandemic revealed stark differences in governmental preparedness across the globe. The United States, once thought of as a global leader in public health, had the theoretical skill and efficiency to handle the pandemic but failed to utilize those skills and resources during an actual health crisis. In the spring of 2020, everyone watched the U.S.’s reaction to the unfolding of the COVID-19 pandemic due to its historic placeholder as a global leader and innovator. However, the performance of the U.S. in response to the global pandemic disappointed both global commentators and U.S. citizens. This paper will compare the …
Untangling Attorney Retainers From Creditor Claims, Cassandra Burke Robertson, Jesse T. Wynn
Untangling Attorney Retainers From Creditor Claims, Cassandra Burke Robertson, Jesse T. Wynn
St. Mary's Journal on Legal Malpractice & Ethics
Clients will often use a retainer to secure an attorney’s representation. But clients in economic distress may have creditors that are eager to access the client’s funds in the attorney’s hands. Attorneys, clients, courts, and regulators have struggled to understand who has the best claim to such retainer funds. In this Article, we attempt to untangle the most common areas of confusion. We conclude that Article 9 of the Uniform Commercial Code (UCC) offers strong protection for an attorney’s interest in client retainers through security interests, even though some courts have misapplied the UCC in this context. Further, we recommend …
Reconceiving Ethics For Judicial Law Clerks, Gregory Bischoping
Reconceiving Ethics For Judicial Law Clerks, Gregory Bischoping
St. Mary's Journal on Legal Malpractice & Ethics
Judicial law clerks hold a unique and critical position in our legal system. They play a central part in the functioning of the judiciary, oftentimes writing the first draft of their judge’s opinions and serving as their trusted researcher and sounding board. Moreover, they are privy to the many highly confidential processes and private information behind the important work of the judiciary. It stands to reason the comprehensive set of ethical duties that bind the world of lawyers and judges should also provide guidance for judicial law clerks. The most important among those ethics rules is a duty of confidentiality. …