Law Commons^™

Vol. 64, No. 01 (January 16, 2023)

Indiana Law Annotated

No abstract provided.

Mental Health, Law School, And Bar Admissions: Eliminating Stigma And Fostering A Healthier Profession, Natalie C. Fortner

Arkansas Law Review

Part II of this Comment explores the current state of mental health in the legal profession and the shortcomings of state bar associations, lawyer assistance programs “LAPs”), and courts applying the Americans with Disabilities Act (“ADA”) in combating the profession’s mental health problem. Part III then examines practical steps the profession can take at the law school level that will aid in eliminating the stigma associated with seeking mental health treatment in the legal profession, thus addressing the problem at its source.

Covid And Bar Admissions, Steven R. Smith

Arkansas Law Review

The COVID-19 pandemic, killings of George Floyd and others, and civil unrest created dislocation, hardship, and uncertainty. For millions of people, it included deaths in family, unemployment, and serious mental and physical illness. Graduates of professional schools preparing to take licensing examinations faced unexpected obstacles in meeting licensing standards for their chosen professions. It quickly became apparent, for example, that the usual licensing examination arrangements were problematic. The question for licensing authorities in 2020 was what accommodations would be appropriate to take account of the disruptions applicants faced while fully protecting the public’s interest in careful licensing.

Place-Based Versus Practice-Based Norms For American Lawyers: "It's The End Of The World As We Know It (And I Feel Fine)", James E. Moliterno

Scholarly Articles

This Article acknowledges the growing trend toward practice-based lawyer norms, points out how it allows interaction between the existing place-based norms and the new practice-based norms, and compares this movement with the existing regulatory conditions outside the US. If there is movement from the world as we know it (place-based norms) to a world as it may come to be (practice-based norms), is the change tragic, inevitable, risky, in line with the rest of the global legal profession, or all of the above and more? Specifically, how would such an evolution affect the core duty of lawyer-client confidentiality?

Building Belonging: Proven Methods To Decrease Attrition And Best Serve Law Students, Leila Lawlor

Scholarly Articles

A crucial task for legal educators is to determine how to retain our students, especially those who may be most vulnerable to attrition first-generation students and students of color. This article looks at nine similarly situated ABA-accredited law schools and assesses these schools' success at retaining their students. The nine schools are all public, operate both part-time and full-time J.D. programs, generally enjoy above average diversity, and have somewhat similar national rankings. The nine schools also report similar median LSAT scores and undergraduate GPAs of recent incoming classes. The overall attrition rates and attrition rates for students of color vary …

Deborah L. Rhode In Memoriam: Three Stories And Ten Life Lessons, Benjamin H. Barton

Scholarly Works

In this Essay, Professor Benjamin H. Barton offers a heartfelt tribute to the late legal scholar, Professor Deborah L. Rhode. Professor Barton reflects on Rhode’s prolific career, which spanned areas including legal ethics, feminism and women in the law, and lawyers as leaders. He also examines Rhode’s later works, which delved into more personal topics such as character, ambition, and legacy. Through personal anecdotes and life lessons, Professor Barton honors Rhode’s legacy as a model academic, mentor, and transformative force in the legal profession.

Stories That Kill: Masculinity And Capital Prosecutors' Closing Arguments, Pamela A. Wilkins

Articles

The American death penalty is a punishment by, for, and about men: Both historically and today, most capital prosecutors are men, most capital defendants are men, and killing itself is strongly coded male. Yet despite—or perhaps because of—the overwhelming maleness of the institution of capital punishment, the subject of masculinity is largely absent from legal discourse about the death penalty. This Article addresses that gap in the legal discourse by applying the insights of masculinities theory, an offshoot of feminist theory, to capital prosecutors’ closing arguments. This Article hypothesizes that capital prosecutors’ masculinity is strongly influenced both by white Southern …

Aba Employment Summary Class Of 2023, University Of Tennessee College Of Law

ABA Disclosures

No abstract provided.

Vega V. Tekoh, Elizabeth M. Hudson

Tennessee Law Review

No abstract provided.

Susan Williams's Comments - Panel 1, Susan Williams

Tennessee Law Review

No abstract provided.

Luvernel Clark's Comments - Panel 1, Luvernel Clark

Tennessee Law Review

No abstract provided.

Professor Sherley Cruz's Comments - Panel 2, Sherley Cruz

Tennessee Law Review

No abstract provided.

Fran Ansley's Tennessee Posse For Peace And Justice, Charles Lawrence Iii

Tennessee Law Review

No abstract provided.

Promoting Technological Competency Through Microlearning And Incentivization, Eliza Boles

Scholarly Works

No abstract provided.

Legal Philosophy For Lawyers In The Age Of A Political Supreme Court, Patrick J. Borchers

Tennessee Law Review

Legal Philosophy has long been concerned with the question of what brands a norm as legal, as opposed to a non-legal norm of justice or morality. This central question has occupied the attention of philosophers and lawyers for centuries. Roughly speaking, the Naturalist school contends that legal norms are inextricably intertwined with norms of morality and justice (and in its strongest form contends that law-like pronouncements that are immoral or unjust are not fully laws), while the Positivist school argues that a social construct (often called the Rule of Recognition) brands selected norms as legal, and thus legal norms may …

Jj Rosenbaum's Comments - Panel 2, Jj Rosenbaum

Tennessee Law Review

No abstract provided.

Cecilia Prado's Comments - Phase 2, Cecilia Prado

Tennessee Law Review

No abstract provided.

Leveraging Professional Identity Formation In The Doctrinal Law School Class, Louis D. Bilionis

Faculty Articles and Other Publications

American law schools are paying increased attention to the professional identity formation of their students. The trend should grow now that the American Bar Association’s Section of Legal Education and Admissions to the Bar has revised its accreditation standards to prescribe that “a law school shall provide substantial opportunities to students for … (3) the development of a professional identity.”

As law school faculty and staff proceed, professors who teach traditional doctrinal classes may doubt they can do much if anything differently in their courses to support professional identity formation. Questions about course coverage and their own competency to focus …

Dr. Meghan Conley's Comments - Panel 2, Meghan Conley

Tennessee Law Review

No abstract provided.

Professor Muneer Ahmad's Comments - Panel 2, Muneer Ahmad

Tennessee Law Review

No abstract provided.

Afterword

Tennessee Law Review

No abstract provided.

Reconstructing The Past And Our Reconstruction Present: The Long Struggle To Teach Divisive Concepts - Panel 3, Robert D. Bland

Tennessee Law Review

"In our present moment, as we see just as many signs of a Third 'Redemption,' as we see of a Third Reconstruction, it is important to remember the previous struggles over history and memory ..."

Histories For Our Present And Future Struggles - Panel 3, Jessica Wilkerson

Tennessee Law Review

"Working out how to build democratic movements and institutions in the South and beyond requires understanding the impact of oppressive systems on people, from those people ..."

Professor Fran Ansley's Comments, Fran Ansley

Tennessee Law Review

No abstract provided.

Van Turner's Comments - Panel 3, Van D. Turner Jr.

Tennessee Law Review

No abstract provided.

Social Media On Trial: How The Supreme Court Could Permanently Alter The Future Of The Internet By Limiting Section 230'S Broad Immunity Shield, J. Tyler Wampler

Tennessee Law Review

Section 230 of the Communications Decency Act has allowed the internet to develop and flourish at an unprecedent pace. The law has been interpreted broadly to grant immunity to interactive computer services like social media platforms from liability for content posted by users. Wielding this immunity, internet platforms are empowered to act innovatively without fear of frivolous lawsuits. However, there are ongoing concerns that this broad interpretation shields modern tech companies from liability for actions that were never intended to be protected.

Two companion cases interpreting Section 230 are currently before the U.S. Supreme Court, where the Court is being …

The World The Fire Wrought: A Tribute To Fran Ansley - Part 1, Jennifer Gordon

Tennessee Law Review

No abstract provided.

Remembering The Bottom: The Street And Feets Exhibit - Panel 3, Enkeshi El-Amin

Tennessee Law Review

'Almost seventy years after a neighborhood is destroyed, how is it remembered? ... What I learned in trying to answer this question is that with public memory being a site of contestation, it depends on who you ask ..."

Report On The "Survey Of Perspectives On Being A Lawyer", Jerome M. Organ

Grantee Research

Over the last several years, there has been a significant growth across law schools in the number of required first-year courses/programs focused law student professional development. We do not know very much, however, about which of these approaches to fostering professional formation is the most effective.

To a large extent these courses/programs have been designed based on convenience/motivation. Within a given law school, someone who wants to champion this effort to promote professional development/formation takes the initiative and within the particular curricular ecosystem and political economy of the faculty of that law school designs something they think is interesting and …

Thoughts On Law Clerk Diversity And Influence, Todd C. Peppers

Scholarly Articles

It is my great good fortune to have been asked to comment on the remarkable Article Law Clerk Selection and Diversity: Insights from Fifty Sitting Judges of the Federal Courts of Appeals by Judge Jeremy D. Fogel, Professor Mary S. Hoopes, and Justice Goodwin Liu. Drawing on a rich vein of data gathered pursuant to a carefully crafted research design and extensive interviews, the authors provide the most detailed account to date regarding the selection criteria used by federal appeals court judges to select their law clerks. The authors pay special attention to the role that diversity plays in picking …