Law Commons^™

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

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

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 …

You've Got Rhythm: Curriculum Planning And Teaching Rhythm At Work In The Legal Writing Classroom, Debra Moss Curtis

Touro Law Review

No abstract provided.

Fostering A Respect For Our Students, Our Specialty, And The Legal Profession: Introducing Ethics And Professionalism Into The Legal Writing Curriculum, Melissa H. Weresh

Touro Law Review

No abstract provided.

Increased Importance Of Legal Writing In The Era Of “The Vanishing Trial”, Edward D. Re

Touro Law Review

No abstract provided.

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 …

In Memoriam: Dr. Deborah C. Hecht, Jeffrey B. Morris

Touro Law Review

No abstract provided.

Appellate Law, Hon. Marla Graff Decker

University of Richmond Law Review

No abstract provided.

What Color Is The Number Seven? Category Mistakes Analysis And The "Legislative/Non-Legislative" Distinction, John Martinez

Brigham Young University Journal of Public Law

No abstract provided.

Essay: Philemon, Marbury, And The Passive-Aggressive Assertion Of Legal Authority, Paul J. Larkin Jr.

Brigham Young University Journal of Public Law

No abstract provided.

The Folly Of Expecting Evil: Reconsidering The Bar’S Character And Fitness Requirement, Leslie C. Levin

BYU Law Review

No abstract provided.

The Confusing Standards For Discretionary Review In Washington And A Proposed Framework For Clarity, Judge Stephen Dwyer

Seattle University Law Review

It has now been more than thirty-five years since the Washington Rules of Appellate Procedure (RAP) became effective in 1976 and replaced all prior rules governing appellate procedure. One significant change that those rules made was to clearly describe and delineate a procedural mechanism for seeking interlocutory review of trial court decisions. The ultimate effect on practitioners is both obvious and unavoidable. Many lawyers, rather than stake out a clear position regarding the applicability of the various considerations governing discretionary review, simply argue that any and every consideration that is even arguably applicable is satisfied by the trial court’s determination. …

2014 Hamline School Of Law Commencement Address, James L. Chosy

Hamline Law Review

abstract

In-House Counsel Should Implement Servant Leadership To Help Clients Make Values-Based Decisions, Chuck Barry, Kristin Kunz

Hamline Law Review

abstract

Career Advice For New In-House Lawyers, Faraz Choudhry

Hamline Law Review

abstract

Advocacy From The Human Perspective: Advice For Young Appellate Lawyers, Douglas S. Levine

The Journal of Appellate Practice and Process

No abstract provided.

Admit That The Waters Around You Have Grown: Change And Legal Education, Mari J. Matsuda

Indiana Law Journal

Presented as the Addison C. Harris Lecture at Indiana University Maurer School of Law, Bloomington, Indiana, September 25, 2013.

Law Clerks And The Institutional Design Of The Federal Judiciary, Albert Yoon

Marquette Law Review

This Essay highlights the evolving institutional changes in the federal judiciary—a protracted confirmation process, higher caseload demands, and declining real salaries—in concurrence with evidence suggesting greater reliance by judges on their law clerks when writing opinions. These dynamic forces arguably undermine the integrity of the judicial process and counsel for legislative action to address judicial working conditions or for changes by judges in the hiring of law clerks.

Bonus Babies Escape Golden Handcuffs: How Money And Politics Has Transformed The Career Paths Of Supreme Court Law Clerks, Artemus Ward, Christina Dwyer, Kiranjit Gill

Marquette Law Review

Job prospects for former Supreme Court law clerks have radically changed in recent years. Beginning in 1986, skyrocketing law firm signing bonuses caused a transformation from the natural sorting system, where clerks chose among private practice, government, academic, and public interest positions, to a Bonus Baby Regime where former clerks almost always choose to work in private firms after they leave the Court. This development is a result of both financial and ideological factors. While the more conservative clerking corps of recent years has been increasingly drawn to private practice, the firms themselves hire along ideological lines. Still, while former …

Supreme Court Clerks As Judicial Actors And As Sources, Scott Armstrong

Marquette Law Review

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A Tribute To Professor Dan Markel, Keith L. Savino

Florida State University Law Review

No abstract provided.

Dan Markel's Premature Death Cements His Uncompromising Legacy, Ryan Wechsler

Florida State University Law Review

No abstract provided.

Losing Friends, Garrick Pursley

Florida State University Law Review

No abstract provided.

The Cost Of Avoidance: Pluralism, Neutrality, And The Foundations Of Modern Legal Ethics, Melissa Mortazavi

Florida State University Law Review

This Article offers an answer to key questions in modern American legal ethics: when and why did the legal profession stop talking about professional conduct in moral terms? Mining the history of current rules governing lawyer conduct, this Article reveals that while the 1969 Model Code of Professional Responsibility sought to revolutionize legal ethics by creating a professional code that was more transparent, democratized, and less hierarchical than the preceding 1908 Canons of Legal Ethics, that effort also excised a moral understanding of lawyering in order to facilitate a particular understanding of pluralism.

The drafters of the 1969 Model Code …

Introduction: Judicial Assistants Or Junior Judges: The Hiring, Utilization, And Influence Of Law Clerks, Chad Oldfather, Todd C. Peppers

Marquette Law Review

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A Truth About Career Law Clerks, Joseph D. Kearney

Marquette Law Review

None.

Advice From The Bench (Memo): Clerk Influence On Supreme Court Oral Arguments, Timothy R. Johnson, David R. Stras, Ryan C. Black

Marquette Law Review

Scholars of the U.S. Supreme Court have long debated the role, and possible influence, of clerks on the decisions their Justices make. In this Paper, we take a novel approach to analyze this phenomenon. We utilize pre-oral argument bench memos sent to Justice Harry A. Blackmun from his clerks. Specifically, we use these memos to determine whether Justice Blackmun asked questions of counsel that were recommended by his clerks in the memos. Our data indicate Justice Blackmun often followed his clerks’ advice. Accordingly, we provide another important link to demonstrate Supreme Court clerks can and do affect how their Justices …

The World Of Law Clerks: Tasks, Utilization, Reliance, And Influence, Stephen L. Wasby

Marquette Law Review

This Article is an examination of the work of judges’ law clerks, based on a variety of materials. It begins with consideration of who is a law clerk and of the role of staff attorneys and judges’ secretaries. Clerks’ tasks are examined next, with attention to the preparation of bench memoranda and judges’ delegation of work to their clerks. Aspects of clerks’ influence and the related matter of judges’ reliance on them is then presented, including attention to law clerks’ recommendations to their judges.

Keynote Address: Secret Agents: Using Law Clerks Effectively, David R. Stras

Marquette Law Review

Recent scholarship discusses the role of law clerks and their role in influencing the courts on which they work. This Keynote Address discusses the nuts and bolts of law clerks, including how they are selected, what role they play on various courts, and their potential opportunities for influence.