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Full-Text Articles in Law
Glass Half Full: The Decline And Rebirth Of The Legal Profession (Book Review), Michael S. Ariens
Glass Half Full: The Decline And Rebirth Of The Legal Profession (Book Review), Michael S. Ariens
Faculty Articles
No abstract provided.
Daimler And The Jurisdictional Triskelion, Zoe Niesel
Daimler And The Jurisdictional Triskelion, Zoe Niesel
Faculty Articles
No abstract provided.
The High Costs Of Incivility, David A. Grenardo
The High Costs Of Incivility, David A. Grenardo
Faculty Articles
Many law students come to law school after being indoctrinated by television and movies, believing that an effective lawyer must be obstreperous, obnoxious, and rude to be successful. Lawyers, they believe, must fight their opponents on every point at every corner if they want to represent their clients zealously and adequately.
Law students must recognize that incivility by lawyers can lead to significant negative consequences for the client, the attorney herself, and the legal system. Law students must also understand that lawyers can treat opposing counsel with civility while still providing robust, vigorous, and adversarial representation for their clients. This …
Piercing The Fiduciary Veil, Colin P. Marks
Piercing The Fiduciary Veil, Colin P. Marks
Faculty Articles
Limited partnerships (LPs) and limited liability companies (LLCs) permit formation with a unique management structure in that these entities may be managed by another limited liability entity, such as a corporation. Thus, the true managers are those individuals who manage the manager. It is well settled that the managing entity, such as a corporate general partner, owes default fiduciary duties, but what of these second-tier managers? Technically, it is the managing entity that owes the duties, not the managing entity’s owners, officers, and directors, yet courts have struggled with strict adherence to this separation when it would seem inequitable to …
Courts Gone “Irrationally Biased” In Favor Of The Federal Arbitrations Act?—Enforcing Arbitration Provisions In Standardized Applications And Marginalizing Consumer-Protection, Antidiscrimination, And States’ Contract Laws: A 1925–2014 Legal And Empirical Analysis, Willy E. Rice
Faculty Articles
Spanning nearly forty years, the Supreme Court has issued multiple decisions and stated categorically that “judicial hostility to arbitration” was the sole impetus behind Congress’s decision to enact the Federal Arbitration Act of 1925. In fact, before the FAA, systemic trade-specific problems and practices generated heated disputes and widespread litigation among merchants and trade organizations. Thus, to arrest those constituents’ concerns, Congress enacted the FAA. Briefly, under the FAA section 2, arbitration is mandatory if a contractual arbitration provision is valid and a controversy “arises out of the contract.” However, common-law rules of contract formation are equally clear: Standing alone, …
The Great Charter, Vincent R. Johnson
The Great Charter, Vincent R. Johnson
Faculty Articles
A look at the history and legacy of the Magna Carta elucidates the many ways in which it shaped American jurisprudence and the law of Texas. The Magna Carta is held in high regard because the unknown drafters understood the importance of legal principles, fair procedures, proportional punishment, official accountability, and respect for human dignity. Its unquestionable commitment to the primacy of legal principles and anticipation of the development of judicial ethics significantly influenced and contributed to the construction and content of the Texas Constitution, Bill of Rights, and many Texas cities’ ethics codes. Although it was intensely focused on …
The Magna Carta And The Expectations It Set For Anglo-American Law, Vincent R. Johnson
The Magna Carta And The Expectations It Set For Anglo-American Law, Vincent R. Johnson
Faculty Articles
The Magna Carta has an impressive legacy in modern legal thought. The Magna Carta illuminated the importance of legal principles, fair procedures, proportional punishment, official accountability, and respect for human dignity that shaped the development of the law in England and America for centuries. While only four of the original sixty-three provisions in the 1215 Magna Carta are still good law in the United Kingdom, analysis shows that at least thirty of these reflect concerns that are still central today. Though it did not provide for full equality, as it maintained many of the medieval restrictions on the freedoms of …
Internprofessional Education, Patricia E. Roberts
Internprofessional Education, Patricia E. Roberts
Faculty Articles
As legal educators consider how to improve the outcomes of legal education, maximizing the knowledge, skills, and values taught during the law school experience, consideration should be given to increasing interprofessional learning opportunities in the curricula. As Best Practices for Legal Education suggested, the creative thinking necessary for effective problem-solving includes an understanding of interprofessional dimensions of practice, but interprofessional opportunities are still the exception rather than the norm in legal education. Interprofessional legal education intentionally asks law students to blend the knowledge, skills, and values of two or more professions in order to address complex legal problems. Placing students …
Our Court Masters, Chad J. Pomeroy
Our Court Masters, Chad J. Pomeroy
Faculty Articles
In 1995, Utah became the first state to pass a bill prohibiting the recognition of same-sex marriages performed in other states and nations. Thereafter, in 2004, Utah voters approved a ballot referendum on Utah Constitutional Amendment 3, which defined marriage as the legal union between a man and a woman and which restricted unmarried civil unions. This referendum was approved by 65.9% of those who voted on it. That is, 593,297 Utah citizens (of the approximately 900,000 who voted) voted to approve the amendment.
Then, in March of 2013, three couples filed suit in the United States District Court for …
If The Pope Is Infallible, Why Does He Need Lawyers?, Bill Piatt
If The Pope Is Infallible, Why Does He Need Lawyers?, Bill Piatt
Faculty Articles
One of the most widely misunderstood teachings of the Catholic Church involves the doctrine of papal infallibility. As a theological matter, papal infallibility is quite narrow. However, the widespread misconception that all Catholics must believe their Pope cannot make mistakes helped create resentment against Catholics for centuries, which has taken the form of physical attacks, political exclusion, and virulent anti-Catholic propaganda.
While the Catholic Church is no longer under direct physical attack, contemporaneous efforts seek to hold the Pope and the Church civilly and criminally liable in various contexts. In some instances, the Pope, acting as the head of the …
Convergence: A Meeting Responds To Cries Of Desperation, David Bristol, Lee J. Teran, Gretchen Haynes
Convergence: A Meeting Responds To Cries Of Desperation, David Bristol, Lee J. Teran, Gretchen Haynes
Faculty Articles
No abstract provided.
Governmental Power Versus Individual Liberty, Vincent R. Johnson
Governmental Power Versus Individual Liberty, Vincent R. Johnson
Faculty Articles
Father, Son, and Constitution by Alexander Wohl is a major contribution to legal scholarship. This dual biography focuses on two public figures, each of whom played a leading role in addressing the most challenging legal questions of their day. The subjects of the book are Supreme Court Justice Tom C. Clark and his son Ramsey Clark, the most liberal attorney general in American history. The Clarks’ stories are told against a backdrop of the continuing American struggle to find the proper balance between governmental power and individual liberty.
The public careers of Tom and Ramsey Clark were largely sequential, but …
The Ancient Magna Carta And The Modern Rule Of Law: 1215 To 2015, Vincent R. Johnson
The Ancient Magna Carta And The Modern Rule Of Law: 1215 To 2015, Vincent R. Johnson
Faculty Articles
This article argues the text of the Magna Carta, now 800 years old, and reflects many of the values that are at the center of the modern concept of the Rule of Law. A careful review of its provisions reveals the Magna Carta demonstrates a strong commitment to the resolution of disputes based on rules and procedures that are consistent, accessible, transparent, and fair; and to the development of a legal system characterized by official accountability and respect for human dignity.
Game Of Bombs: President Barack Obama’S Nuclear Nonproliferation Regime, Jeffrey F. Addicott
Game Of Bombs: President Barack Obama’S Nuclear Nonproliferation Regime, Jeffrey F. Addicott
Faculty Articles
One of President Barack Obama’s favorite solutions to reducing armed conflict in the world centers around his desire to rid the world of nuclear weapons. While this simplistic formula has certainly been voiced by other occupants of the oval office, the world is, and always has been, an extremely dangerous place, and the machinations of competing spheres of power will always exist in human history. Coupled with an aggressive Russia and China, the dangers associated with the new era of radical Islamic extremism rubricate the need to view the naiveté of President Obama’s vision of a planet without nuclear weapons …
Is Felony Murder The New Depraved Heart Murder: Considering The Appropriate Punishment For Drunken Drivers Who Kill, Dora W. Klein
Is Felony Murder The New Depraved Heart Murder: Considering The Appropriate Punishment For Drunken Drivers Who Kill, Dora W. Klein
Faculty Articles
In recognition of the increasing use of felony-murder statutes to prosecute drunken drivers who kill, this Article considers various criticisms and defenses of the felony-murder rule as they apply specifically to felony DWI cases. Part II of this Article discusses several recent precedent setting cases in which drunken drivers who killed were prosecuted under felony murder statutes. Part III explores whether such prosecutions are proper, given the existence of special narrower vehicular manslaughter provisions that a legislature might have intended to be the sole means of prosecuting drunk drivers who kill. Part IV discusses three particular limiting doctrines-merger, inherent dangerousness, …
All Your Air Right Are Belong To Us, Chad J. Pomeroy
All Your Air Right Are Belong To Us, Chad J. Pomeroy
Faculty Articles
Privacy and property rights are tricky subjects for a variety of reasons. One reason is that they have a unique relationship with each other, and this Article focuses on one of those areas of intersection—that of air rights and invasion of privacy. This is a timely topic due to the advent of drones, and this Article will argue that drone surveillance constitutes common law trespass and that any statute or regulation that permits such activity is in derogation of common law and so should be subject to particularly careful thought and consideration.
This is not as straightforward a thesis as …
American Military Justice: Responding To The Siren Songs For Reform, David A. Schlueter
American Military Justice: Responding To The Siren Songs For Reform, David A. Schlueter
Faculty Articles
Today, the American military justice system is being subjected to sweet and enticing calls for reform. At first hearing, the well-intentioned proposed reforms appeal to a sense of justice. On closer examination, however, those proposed reforms threaten the essence and functionality of an effective and efficient system of criminal justice that is applied in world-wide settings, in both peacetime and in war.
In the last several decades, an increasing number of commentators have recommended reforms to virtually every component of the military system. The most recent round of proposals arose from frustration and anger that many feel towards the military’s …
International Financial Law: The Case Against Close-Out Netting, Vincent R. Johnson
International Financial Law: The Case Against Close-Out Netting, Vincent R. Johnson
Faculty Articles
In financial transactions today, a practice called “close-out netting” plays a key role in controlling and allocating risks. If anchored in the parties’ chosen contractual language and recognized by law, close-out netting can circumvent normal bankruptcy processes by providing for the acceleration of mutual obligations and the efficient calculations and settlement of the net balance. When correctly implemented, close-out netting can eliminate the risk that arises under ordinary bankruptcy principles.
Despite the support for close-out netting by lenders, scholars, regulators, and policy makers, a few attentive observers of financial law argue that close-out netting is unsound, and the argument against …