Law Commons^™

Build A Career That Aligns With Your Passions, Ashley A. Ahlbrand

Articles by Maurer Faculty

When I was wrapping up my final semester of law school, I was fretting about what I would do next. The job market for new attorneys had tanked, less than half of my classmates had job offers lined up, I had no connections of my own that I could work, and worse, I still didn’t know what I wanted to be when I grew up. Expressing my anxiety to our school’s Westlaw rep at the time, she asked me to reflect on my favorite parts of law school. That was easy: I loved any class where I could write a …

And Then There Were Two: Splitting South Carolina's Department Of Health And Environmental Control, Arslan S. Valimohamed

South Carolina Law Review

No abstract provided.

A Pioneer Of The Law & Society Movement: One Eyewitness’S Reflections, Jayanth K. Krishnan

Articles by Maurer Faculty

There is arguably no more seminal a figure in the field of law and society than Professor Marc Galanter. That a Special Issue featuring dedications to several leading academic lights would be hosted by the University of Chicago Law Review is especially significant in terms of Marc’s inclusion because Chicago is where Marc came of age as a student.

Professor Richard Abel, some years back, chronicled Marc’s educational journey in Hyde Park. As Abel tells it—and as Marc has told me over the years—after finishing his B.A. and while continuing to work on his master’s degree from Chicago, Marc enrolled …

Advocating For The Future, John C. Dernbach, Irma S. Russell, Matthew Bogoshian

Faculty Works

Attorneys in our varied roles need to step up and address the climate crisis for the sake of every person and for the public good. All lawyers must be sustainability lawyers now. This article explains why; it also offers an illustrative set of suggestions on how to get started and what to do.

Asylum Attorney Burnout (Model Survey And Additional Survey Responses), Lindsay M. Harris, Hillary A. Mellinger

Journal Articles

No abstract provided.

Asylum Attorney Burnout And Secondary Trauma, Lindsay M. Harris, Hillary Mellinger

Journal Articles

We are in the midst of a crisis of mental health for attorneys across all practice areas. Illustrating this broader phenomenon, this interdisciplinary Article shares the results of the 2020 National Asylum Attorney Burnout and Secondary Traumatic Stress Survey (“Survey”). Using well-established tools, such as the Copenhagen Burnout Inventory and the Secondary Stress Trauma Survey, the Survey assessed the well-being of over 700 immigration attorneys navigating the tumultuous asylum space. As the largest such study of United States attorneys to date, it is particularly timely. Between 2017 and 2021, the Trump administration’s extreme policies, sweeping regulatory changes, and Attorney General …

Practicing The Be Practice Ready: Making Competent Legal Researchers Using The New Process And Practice Method, Jason Murray

Faculty Scholarship

No abstract provided.

Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit

Faculty Journal Articles and Book Chapters

Discrimination during voir dire remains a critical impediment to empaneling juries that reflect the diversity of the United States. While various solutions have been proposed, scholars have largely overlooked ethics rules as an instrument for preventing discriminatory behavior during jury selection. Focusing on the ABA Model Rule 8.4(g), which regulates professional misconduct, this article argues that ethics rules can, under certain conditions, offer an effective deterrent to exclusionary practices among legal actors. Part I examines the specific history, evolution, and application of revised ABA Model Rule 8.4(g). Part II delves into the ways that ethics rules in general, despite their …

Men And Women Of The Bar: A Second Look At The Impact Of Gender On Legal Careers, Kenneth G. Dau-Schmidt, Kaushik Mukhopadhaya

Articles by Maurer Faculty

A lot has happened in the time since our last study. Women have continued to improve their position in legal education and the legal profession. In 2009, women were 47% of first-year law students in American law schools and 31% of practicing lawyers. Women's enrollment in American law schools has steadily increased so that in 2018 they were the majority of firstyear law students (53.1%), and in 2019, they were the majority of all law students (51.3%). Correspondingly, with women's advantage in numbers in education, women's participation in the legal profession has continued to increase so that in 2019 they …

On Being First, On Being Only, On Being Seen, On Charting A Way Forward, Veronica Root Martinez

Journal Articles

This Essay reflects upon my professional experiences as a Black woman both at Notre Dame and beyond. It argues that it is important for students to have demographically diverse professors within their educational environments. It calls for the Notre Dame Law School community to continue to create a diverse, equitable, and inclusive culture.

Aman Reflects On "Page-Turning" Opportunities Throughout His Indiana Law Tenure, Kenneth L. Turchi, Alfred Aman

Alfred Aman Jr. (1991-2002)

After nearly 50 years of practicing, teaching, and administration, Alfred C. (Fred) Aman, Jr., took emeritus status at the end of the 2019–2020 academic year. Earlier this fall, he visited with ergo editor Ken Turchi to reflect on his distinguished career.

A Typology Of Justice Department Lawyers' Roles And Responsibilities, Rebecca Roiphe

Articles & Chapters

President Trump’s administration has persistently challenged the legitimacy of the Department of Justice (“DOJ”). In the past, DOJ, like other governmental institutions, has been fairly resilient. Informal norms and practices have served to preserve its proper functioning, even under pressure. The strain of the past three years, however, has been different in kind and scale. This Article offers a typology of different roles for DOJ lawyers and argues that over time the institution has evolved by allocating different functions and responsibilities to different positions within DOJ. By doing so, it has for the most part maintained the proper balance between …

As Seen Through The Eye Of The Camera: A Portrayal Of How Cultural Changes Societal Shifts And The Fight For Gender Equality Transformed The Law Of Divorce, Taylor Simpson-Wood

Faculty Scholarship

No abstract provided.

International Lawyers As Disrupters Of Corruption: Business And Human Rights In Africa’S Most Populous Country—Nigeria, Jayanth K. Krishnan

Articles by Maurer Faculty

Be it bribery, embezzlement, or the abuse of public trust, corruption poses a major challenge to global security and democratic governance, along with undermining the rule of law, especially within the Global South. Key to this phenomenon is understanding how lawyers are enabling but also disrupting this epidemic. Unfortunately, the literature on this subject is lacking. This study, therefore, offers a nuanced story of globalization and the complicated role that lawyers play in corruption, by relying on the case study of Nigeria—a crucial Global South market that has the largest population on the African continent. While Nigeria has been able …

Earth Mothers, Soy Boys, And Cool Dudes: Practicing Law While Protecting The Environment, Elizabeth J. Hubertz

Scholarship@WashULaw

As a public-interest environmental lawyer, this author explores gender in the legal profession. Specifically, gender in environmental law. Through a recognition of the gendered dimensions of environmental law, this Article explores the nature-culture binary, the relationship of meat to masculinity, and perceptions of the risks and threats of climate change.

Avoiding Judicial Discipline, Veronica Root Martinez

Journal Articles

Over the past several years, several high-profile complaints have been levied against Article III judges alleging improper conduct. Many of these complaints, however, were dismissed without investigation after the judge in question removed themselves from the jurisdiction of the circuit’s judicial council—oftentimes through retirement and once through elevation to the Supreme Court. When judges—the literal arbiters of justice within American society—are able to elude oversight of their own potential misconduct, it puts the legitimacy of the judiciary and rule of law in jeopardy.

This Essay argues that it is imperative that mechanisms are adopted that will ensure investigations into judicial …

The Institute For The Future Of Law Practice: A New Narrative For Legal Education And The Legal Profession, William D. Henderson

Articles by Maurer Faculty

"The mission of IFLP is to produce more legal professionals who have strong legal knowledge plus foundational training in allied disciplines — in other words, “T-shaped” legal professionals."

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You look down at your smartphone and see that you just got a text from a close family relative. They are asking to schedule a phone call.

The next line reads, “I’m thinking about going to law school.”

Well, if you read PD Quarterly, you’re likely a logical person to seek out for advice. You’ve got some time to think about it. What are you going to say?

Whatever your counsel, …

Professional Resistance Of Lawyers: Defending Human Rights And The Rule Of Law In Hong Kong After Umbrella Movement, Yan-Ho Lai

Biennial Conference: The Social Practice of Human Rights

Purpose: Against the backdrops of deteriorating human rights protections and the rule of law after the unprecedented Umbrella Movement in Hong Kong, this paper investigates the roles and impacts of mobilised legal profession in resisting China’s authoritarian rule over and defending domestic human rights regime in Hong Kong. This paper argues that, despite the legal profession of Hong Kong becomes further divided under the political and economic statecraft, lawyer activism as a professional resistance becomes a new force to resist the political intervention of the rule of law as well as deepening the cultural and institutional foundations of the rule …

Can You Hear Me Now: The Impacts Of Prosecutorial Call Monitoring On Defendants' Access To Justice, Hope L. Demer

South Carolina Law Review

No abstract provided.

Who Is The Client? Rethinking Professional Responsibility For Benefit Corporations, Joseph R. Pileri

Catholic University Law Review

A growing social enterprise movement has led companies to increasingly opt into the benefit corporation form, and those companies are hiring lawyers. Benefit corporations challenge the notion that corporate law’s primary focus is on furthering shareholder interests. While many have written about the benefit corporation with respect to corporate fiduciary law, this Article is the first to explore the form’s ethical implications for lawyers. Ethical obligations necessarily reflect substantive law governing client organizations; changes to the corporate form presented by benefit corporation legislation should reverberate in legal ethics. The legal profession, however, has not addressed how to lawyer to a …

The Shallow State: The Federal Communications Commission And The New Deal, Daniel R. Ernst

Georgetown Law Faculty Publications and Other Works

American lawyers and law professors commonly turn to the New Deal for insights into the law and politics of today’s administrative state. Usually, they have looked to agencies created in the 1930s that became the foundation of the postwar political order. Some have celebrated these agencies; others have deplored them as the core of an elitist, antidemocratic Deep State. This article takes a different tack by studying the Federal Communications Commission, an agency created before the New Deal. For most of Franklin D. Roosevelt’s first two presidential terms, the FCC languished within the “Shallow State,” bossed about by patronage-seeking politicians, …

The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan

James E. Moliterno

In times of social upheaval, lawyers can mark the way toward social change. In particular, when lawyers become more aggressive than traditional lawyers in the cause of fighting injustice, they face backlash from multiple sources, including government and their own profession. Such was the case during the U.S. civil rights movement. Unusually aggressive behavior by cause lawyers was met with hostility from their own profession and from government action. Those lawyers, while battered at times with physical violence, bar ethics charges, contempt of court, and state hostility, survived and changed social conditions at the same time they altered the culture …

The Upgraded Lawyer: Modern Technology And Its Impact On The Legal Profession, Thomas R. Moore

University of the District of Columbia Law Review

At the peak of the Space Race in 1963, President John F. Kennedy remarked that, despite the great leaps brought by technology, "man is still the most extraordinary computer of all." With the advent of the internet and artificial intelligence, today's technological advancements might have shaken even Kennedy's faith in human superiority. For the legal profession, new technology presents a challenge to traditional notions in the practice of law as well. Clients may grow to expect tech-savviness from their attorneys, especially when their cases involve digital concepts. At the same time, the necessity for flesh-and-blood counsel may be diminished by …

The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan

Washington and Lee Journal of Civil Rights and Social Justice

In times of social upheaval, lawyers can mark the way toward social change. In particular, when lawyers become more aggressive than traditional lawyers in the cause of fighting injustice, they face backlash from multiple sources, including government and their own profession. Such was the case during the U.S. civil rights movement. Unusually aggressive behavior by cause lawyers was met with hostility from their own profession and from government action. Those lawyers, while battered at times with physical violence, bar ethics charges, contempt of court, and state hostility, survived and changed social conditions at the same time they altered the culture …

Second-Best Criminal Case, William Ortman

Law Faculty Research Publications

No abstract provided.

Don't Call Me Sweetheart: Why The Aba's New Rule Addressing Harrassment And Discrimination Is So Important For Women Working In The Legal Profession Today, Kristy D'Angelo-Corker

Faculty Scholarship

No abstract provided.

When Less Is More: The Limitless Potential Of Limited Scope Representation To Increase Access To Justice For Low- To Moderate-Income Individuals, Kristy D'Angelo-Corker

Faculty Scholarship

No abstract provided.

The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Combating Silence In The Profession, Veronica Root Martinez

Journal Articles

Members of the legal profession have recently taken a public stance against a wave of oppressive policies and practices. From helping immigrants stranded in airports to protesting in the face of white nationalists, lawyers are advocating for equality within and throughout American society each and every day. Yet as these lawyers go out into the world on behalf of others, they do so while their very profession continues to struggle with its own discriminatory past. For decades, the legal profession purposefully excluded women, religious minorities, and people of color from its ranks, while instilling a select group of individuals with …

The Brandeis Thought Experiment: Reflection On The Elimination Of Racial Bias In The Legal System, Patrick C. Brayer

Faculty Works

This essay prompts the reader to engage in a thought experiment and consider their own limits in advancing the cause of; a legal system free from racism and bias, and lawyers are encouraged to use the experience of a young Louis Brandeis as a guide in this self-reflection. Specifically, this essay calls attention to the fact that Louis Brandeis started his legal career, at the same time when, and in the same place where thousands of African Americans were escaping persecution and traveling in search of economic and political freedom, yet he was publicly absent on issues of race. As …