Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Legal (4)
- Attorney (3)
- Profession (3)
- Abuse (2)
- Bankruptcy (2)
-
- Debtor (2)
- Education (2)
- Ethics (2)
- History (2)
- Lawyer (2)
- Lawyers (2)
- Legal education (2)
- Professional (2)
- Property (2)
- Race (2)
- Statute (2)
- Access to justice (1)
- Active (1)
- Admissions (1)
- Alcoholism (1)
- Alumni (1)
- Amendment (1)
- Amount (1)
- Approval (1)
- Author (1)
- Authorship (1)
- Automatic stay (1)
- BAPCPA (1)
- Bar (1)
- Biased (1)
Articles 1 - 11 of 11
Full-Text Articles in Law
Towards An Understanding Of Critical Race Theory: Dispelling False Claims And Misrepresentations, Shiv Narayan Persaud
Towards An Understanding Of Critical Race Theory: Dispelling False Claims And Misrepresentations, Shiv Narayan Persaud
University of Massachusetts Law Review
The Article discusses critical race theory as a paradigm shift, and further dispels the notion that it promotes a form of Marxism. With the rise of political attitudes toward seeking legislation to denounce CRT, it is incumbent upon those in legal studies to investigate and bring the value of CRT into the forefront. The purpose of this Article is to open a new discussion on these issues, rooted in promoting cultural competency in the legal profession.
Massachusetts Attorney's Oath: History That Should Not Be Repeated, Jared A. Picchi
Massachusetts Attorney's Oath: History That Should Not Be Repeated, Jared A. Picchi
University of Massachusetts Law Review
Massachusetts proudly boasts that it has one of the oldest versions of the Attorney’s Oath in the United States. However, the Oath contains phrases that reflect both gender and religious biases. The use of the masculine form within the text, as well as the reference to God, reflect the nation’s history of intolerance and ignorance. These phrases exclude a large portion of the legal community and act as a distraction from the true purpose of an attorney’s oath, which is to remind incoming lawyers of their ethical obligations. This Article focuses primarily on the need for Massachusetts to adopt a …
Putting The Plug In The Jug: The Malady Of Alcoholism And Substance Addiction In The Legal Profession And A Proposal For Reform, Alexander O. Rovzar
Putting The Plug In The Jug: The Malady Of Alcoholism And Substance Addiction In The Legal Profession And A Proposal For Reform, Alexander O. Rovzar
University of Massachusetts Law Review
To members of the legal profession, and many of those familiar with it, the high rate of chemical dependency among practitioners is not a secret. Moreover, there is a strong correlation between chemically dependent attorneys and ethical violations across the nation. Over the past thirty years, the legal profession has generally dealt with the alarming amount of professional misconduct rooted in an attorney’s alcoholism or substance addiction by imposing discipline. With the exception of some state-led movements toward rehabilitating the addicted attorney, little has been done on the national level to address chemical dependency among practicing attorneys. Drawing from the …
"The Long And Winding Road": Reflections On America's War(S) On Terrorism And Counterterrorism Efforts Post 9/11, Francis J. Larkin
"The Long And Winding Road": Reflections On America's War(S) On Terrorism And Counterterrorism Efforts Post 9/11, Francis J. Larkin
University of Massachusetts Law Review
September 11, 2001 was surely evil incarnate. But out of the shadows and embers of such devilish devastation, going forward, for society to “endure”‖, let alone “prevail”, a “lasting good” must emerge; an enduring immutable and sustainable commitment to peace and non-violence. And, of course, any “lasting good”‖, however utopian or pragmatic would surely require destruction and eradication of terrorism in all of its diverse incarnations; the eradication and destruction of the machinery of terrorism wherever it is found. Long range, it must be the goal, aspiration and belief that out of the seeds and memory of 9/11 there might …
Advancing Justice, James F. Freeley Iii
Advancing Justice, James F. Freeley Iii
University of Massachusetts Law Review
The foreword to volume 10, issue 1 of the UMass Law Review.
Shooing The Vultures Away From The Consumer Bankruptcy Carcass: Attorney Fees Owed By Debtors For Marital Dissolution Are Not Domestic Support Obligations, Christopher V. Davis
Shooing The Vultures Away From The Consumer Bankruptcy Carcass: Attorney Fees Owed By Debtors For Marital Dissolution Are Not Domestic Support Obligations, Christopher V. Davis
University of Massachusetts Law Review
This Note will focus on consumer bankruptcy related to chapter 7 and chapter 13 filings. Section I provides an introduction to DSOs and the goals of enforcing them through bankruptcy. Section I also discusses the impact of DSO status on the automatic stay, discharge, priority status for property distribution of the bankruptcy estate, capability to reach exempt property, and application to attorney fees. Section II argues that, where attorney fees are not owed to a spouse, former spouse, or child, and do not fit within an impact exception, the fees are not DSOs, but instead are merely general non-secured claims. …
The Changing Practice Of Bankruptcy Law: An Analysis Of How Bankruptcy Practice Has Changed In The Last Decade, Michael Goldstein, Samantha Einhorn, Jill L. Phillips
The Changing Practice Of Bankruptcy Law: An Analysis Of How Bankruptcy Practice Has Changed In The Last Decade, Michael Goldstein, Samantha Einhorn, Jill L. Phillips
University of Massachusetts Law Review
The practice of bankruptcy law has changed drastically over the last decade. An attorney starting out in the field in 2009 faces different issue than one who began in 1999. However, it’s not just the issues that come up with clients that make the practice so different, but the law of bankruptcy itself has changed. The economic downturn of the last eighteen months has changed the way the public views bankruptcy. The Bankruptcy Reform Act of 2005 and In re Bateman, a case decided in 2008, altered the landscape of bankruptcy practice forever. This article will walk through a …
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
University of Massachusetts Law Review
This paper addresses the main intellectual property consequences of practicing law and whether attorneys can prevent others from using their work-product. The article does not assume that the reader is an expert in intellectual property law; instead, it is designed to answer the types of questions practitioners have about their rights. There is one primary legal code that impacts attorneys’ rights to their work-product: the copyright law. As a broad statement, copyright law protects how an author expresses ideas. It is the system that is used to prevent others from copying a book, a movie, a musical composition, or even …
Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman
Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman
University of Massachusetts Law Review
The false dichotomy between achieving diversity and rewarding merit frequently surfaces in discussions about decisions on university and law school admissions, scholarships, law licenses, jobs, and promotions. “Merit” judgments are often based on the results of standardized tests meant to predict who has the best chance to succeed if given the opportunity to do so. This Article criticizes over-reliance on standardized tests and responds to suggestions that challenging the use of such tests reflects a race-comes-first approach that chooses diversity over merit. Discussing the firefighter exam the led to the Supreme Court decision in Ricci v. DiStefano, as well …
Exporting The Legal Incubator: A Conversation With Fred Rooney, Fred Rooney, Justin Steele
Exporting The Legal Incubator: A Conversation With Fred Rooney, Fred Rooney, Justin Steele
University of Massachusetts Law Review
A legal conversion between Justin Steele, Executive Articles Editor of the UMass Law Review and Fred Rooney, Director of the International Justice Center for Post-Graduate Development at Touro Law Center.
Cat, Cause, And Kant, Richard J. Peltz-Steele
Cat, Cause, And Kant, Richard J. Peltz-Steele
University of Massachusetts Law Review
These are precarious times in which to launch a new law school and a new law review. Yet here we are. The University of Massachusetts is now in its first year of operation with provisional ABA accreditation. This text is a foreword to the first general-interest issue of the University of Massachusetts Law Review. Now marks an appropriate time to take stock of what these institutions mean to accomplish in our unsettled legal world.