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Legal Profession

2023

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Full-Text Articles in Law

Large Language Models: Ai's Legal Revolution, Adam Allen Bent Dec 2023

Large Language Models: Ai's Legal Revolution, Adam Allen Bent

Pace Law Review

This article contemplates and advocates for the use of Artificial Intelligence (“AI”) through Large Language Models (“LLM”) in legal practice. The author ultimately addresses the need to orient LMMs within varying legal contexts including academia, private practice, as well as the U.S. court system. Additionally, the author emphasizes the inevitability of AI and LLM systems infiltrating legal practice, and the reality that the industry must acknowledge and accept these systems to regulate and to provide better while still ethical legal services. Large Language Models: AI’s Legal Revolution, begins by walking the reader through the history of technological innovation of AI, …


Foreword, The Honorable L. A. Harris Jr. Dec 2023

Foreword, The Honorable L. A. Harris Jr.

University of Richmond Law Review

“Your writing is so bad you will not be considered for Law Review and there is some question about your admittance to Law School.”

Life is strange and ironic. In 1974 as a second year law student at the T. C. Williams School of Law at the University of Richmond, I was invited to submit an article to determine if I would be permitted to serve on the Law Review. A member of the Law Review evaluated my article and met with me. In summation he said my writing was so bad that I would not be considered for Law …


To Write Or Not To Write: The Ethics Of Judicial Writings And Publishing, Nick Badgerow, Michael Hoeflich, Sarah Schmitz Nov 2023

To Write Or Not To Write: The Ethics Of Judicial Writings And Publishing, Nick Badgerow, Michael Hoeflich, Sarah Schmitz

St. Mary's Journal on Legal Malpractice & Ethics

Judges are bound by the Model Code of Judicial Conduct promulgated by the American Bar Association and adopted most states, including the federal judiciary. Within these rules governing judicial conduct, Judges owe duties to the public and to their calling, to be (and appear to be) objective, fair, judicious, and independent. When judges venture into the realm of extrajudicial writing—in the form of fiction novels, short stories, legal books, children’s books, and the like—they must consider the ethical bounds of that expression. The Model Code of Judicial Conduct imposes five main constraints upon extrajudicial writings: (a) a judge may not …


Why The Dobbs Draft Release Makes It Tougher To Teach Legal Ethics, Lynne Marie Kohm Nov 2023

Why The Dobbs Draft Release Makes It Tougher To Teach Legal Ethics, Lynne Marie Kohm

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.


Table Of Contents, Seattle University Law Review Oct 2023

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


One Crisis Or Two Problems? Disentangling Rural Access To Justice And The Rural Attorney Shortage, Daria F. Page, Brian R. Farrell Oct 2023

One Crisis Or Two Problems? Disentangling Rural Access To Justice And The Rural Attorney Shortage, Daria F. Page, Brian R. Farrell

Washington Law Review

We have all seen the headlines: No Lawyer for Miles or Legal Deserts Threaten Justice for All in Rural America. There is a substantial body of literature, across disciplines and for diverse audiences, that looks at access to justice in rural communities and geographies. However, in both the popular and scholarly imaginations, the access to justice crisis has been largely conflated with the shortage of local attorneys in rural areas: When bar associations, lawyers, and legal academics define the problem as not enough lawyers, more lawyers become the obvious solution. Consequently, programs aimed at building pipelines from law schools …


Indigent Defense In Louisville: Conditions For Unionization, Zane R. Phelps Sep 2023

Indigent Defense In Louisville: Conditions For Unionization, Zane R. Phelps

The Cardinal Edge

This paper begins by examining the unionization efforts of the Louisville Metro Public Defender Corporation and seeks to link those conditions with national trends to cultivate a rich understanding of why the attorneys are unionizing and what policy solutions they hope to achieve. After surveying the sources of funding and oversight for indigent defense across varying state systems, it synthesizes a policy recommendation wherein federal intervention (National Labor Relations Board), state and local government budgetary oversight and appropriations powers (Kentucky General Assembly, Louisville Metro Council), and the collective bargaining and unionization process (concerted activity), protected by law, are utilized in …


Disparities On Judicial Conduct Commissions, Nino C. Monea Sep 2023

Disparities On Judicial Conduct Commissions, Nino C. Monea

Marquette Law Review

Every state has a judicial conduct commission responsible for investigating complaints against judges and issuing sanctions where appropriate. But the judicial disciplinary system needs fixing. This Article examines 466 cases of public discipline from five states to illustrate the shortcomings of the present system. The status quo hides judicial misconduct from the public, fails to punish judges who abuse their office, and gives judges greater protections than criminal defendants, even when the stakes are lower.


America's Anti-Fraud Ecosystem And The Problem Of Social Trust: Perspectives From Legal Practitioners, Edward J. Balleisen Aug 2023

America's Anti-Fraud Ecosystem And The Problem Of Social Trust: Perspectives From Legal Practitioners, Edward J. Balleisen

Northwestern University Law Review

This contribution revives an autobiographical genre present in law reviews roughly a half-century ago, in which seasoned legal practitioners offered perspective on vital issues. Here, a senior deputy attorney general, a former federal prosecutor, a corporate defense attorney, and a legal aid lawyer each draw on their career experience to explore what they see as significant problems related to the law of consumer and investor fraud and the nature of consumer and investor trust. Their reflections emphasize the significance of law in action—how key actors seek to deploy legal mechanisms related to fraud and adjust their strategies in light of …


The Lawyer’S Law School And The Metropolis: Two Law Schools’ Missions, Carlos R. Rosende Aug 2023

The Lawyer’S Law School And The Metropolis: Two Law Schools’ Missions, Carlos R. Rosende

St. Mary's Law Journal

No abstract provided.


On Effective Campus Ministry At A Catholic Law School: The Impact Of Sister Grace Walle At St. Mary’S University School Of Law, Caitlin Hennessy Aug 2023

On Effective Campus Ministry At A Catholic Law School: The Impact Of Sister Grace Walle At St. Mary’S University School Of Law, Caitlin Hennessy

St. Mary's Law Journal

No abstract provided.


Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley Aug 2023

Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley

DePaul Business & Commercial Law Journal

No abstract provided.


Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom Aug 2023

Legal Representation And The Metaverse: The Ethics Of Practicing In Multiple Realities, Madeline Brom

DePaul Business & Commercial Law Journal

No abstract provided.


Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising, Kiren Dosanjh Zucker, Bruce Zucker Aug 2023

Badges Of Honor: Professional Conduct, Consumer Protection, And Accolades In Lawyer Advertising, Kiren Dosanjh Zucker, Bruce Zucker

DePaul Business & Commercial Law Journal

No abstract provided.


Ethics At The Speed Of Business, James A. Doppke Jr. Aug 2023

Ethics At The Speed Of Business, James A. Doppke Jr.

DePaul Business & Commercial Law Journal

This paper discusses several ways in which the Illinois Rules of Professional Conduct, and the Illinois Supreme Court Rules, construct barriers that prevent lawyers and businesses from accomplishing reasonable commercial goals. Often, those barriers arise from outdated concepts, or terminology that does not reflect current business realities. The paper argues for the amendment of specific Rules to enhance lawyers’ and businesses’ respective abilities to conduct their affairs more efficiently, without sacrificing public protection in the process.


Welcome Address, Lauren Mckenzie Aug 2023

Welcome Address, Lauren Mckenzie

DePaul Business & Commercial Law Journal

No abstract provided.


Front Matter Aug 2023

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.


The Borders Of Responsibility, The Democratic Intellect, And Other Elephants In The Room, Liam Mchugh-Russell Jun 2023

The Borders Of Responsibility, The Democratic Intellect, And Other Elephants In The Room, Liam Mchugh-Russell

Dalhousie Law Journal

What can André Zucca’s photos, taken during the Nazi occupation of Paris, tell us about the law to come or the challenges it will pose to lawyers, legal scholars and legal educators? In short: Zucca’s photos serve not just as a cipher for a past in need of reckoning but as a caution about abiding a present in which crisis is always just out of frame. In the throes of slow-motion apocalypse, what should an intellectual be? And for whom? In 80 years, when someone is rifling through an attic shoebox of our history, will we appear like the subjects …


Doubling Down: Supreme Court Of Georgia Allows For Seemingly Double Recovery Of Attorney’S Fees, Katie Anderson Jun 2023

Doubling Down: Supreme Court Of Georgia Allows For Seemingly Double Recovery Of Attorney’S Fees, Katie Anderson

Mercer Law Review

Never settle. Good words to live by, unless you are a civil defendant living in the state of Georgia. Following the Supreme Court of Georgia’s decision in Junior v. Graham, defendants in civil actions might have more of an incentive to settle their cases after the court allowed for a seemingly double recovery of attorney’s fees.

Georgia courts have consistently upheld the public policy of barring double recovery. Damages in civil actions are intended to make a plaintiff whole, not punish a defendant. However, in Junior, the court held that two statutory provisions, despite their similar measure of damages, did …


Private Sanctions, Public Harm?, Jon J. Lee May 2023

Private Sanctions, Public Harm?, Jon J. Lee

BYU Law Review

The legal profession has a secret. In response to widespread public distrust in the profession’s ability to regulate itself, disciplinary authorities have undertaken modest efforts over the last several decades to make their activities more transparent. They have opened up their formal proceedings, publicized the identities of sanctioned attorneys, and shared information about their work online. But at the same time, most have quietly continued to resolve cases of ostensibly “minor” and “isolated” misconduct through private sanctions, keeping the identities of disciplined attorneys – and their misconduct – hidden from view.

This Article takes a comprehensive look at private sanctions …


The Common-Law Roots Of Materiality Under The False Claims Act, Noah Matthew Rich May 2023

The Common-Law Roots Of Materiality Under The False Claims Act, Noah Matthew Rich

University of Cincinnati Law Review

No abstract provided.


Fixed Payment Schedules Do Not Foreclose Liability Under The False Claims Act, Glen Mcclain May 2023

Fixed Payment Schedules Do Not Foreclose Liability Under The False Claims Act, Glen Mcclain

University of Cincinnati Law Review

No abstract provided.


A Framework For Assessing Whether Civil Penalties Under The False Claims Act Violate The Excessive Fines Clause Of The Eighth Amendment, Joel D. Hesch May 2023

A Framework For Assessing Whether Civil Penalties Under The False Claims Act Violate The Excessive Fines Clause Of The Eighth Amendment, Joel D. Hesch

University of Cincinnati Law Review

Fraud is crippling government programs, such as Medicare and the military. The government’s primary enforcement tool is the False Claims Act (“FCA”), which not only requires that the defendant pay three times the amount of damages, but also mandates a civil penalty of not less than $5,000 and not more than $10,000 (with adjustments for inflation) per violation. Because civil penalties apply to each false claim, complex fraud schemes may result in a defendant being liable for hundreds or even thousands of civil penalties. This article analyzes when civil penalties (or a portion of treble damages) under the FCA violate …


All Hands On Deck: The Role Of Government Employees As Qui Tam Relators, Renée Brooker, Jaclyn S. Tayabji May 2023

All Hands On Deck: The Role Of Government Employees As Qui Tam Relators, Renée Brooker, Jaclyn S. Tayabji

University of Cincinnati Law Review

No abstract provided.


Remembering James B. Helmer, Jr., A Titan Of False Claims Act Litigation, B. Nathaniel Garrett May 2023

Remembering James B. Helmer, Jr., A Titan Of False Claims Act Litigation, B. Nathaniel Garrett

University of Cincinnati Law Review

No abstract provided.


James B. Helmer, Jr. — A Tribute, Neil V. Getnick May 2023

James B. Helmer, Jr. — A Tribute, Neil V. Getnick

University of Cincinnati Law Review

No abstract provided.


James B. Helmer, Jr.: A Legal Maverick For The False Claims Act, S. Elizabeth Malloy, Michael E. Solimine May 2023

James B. Helmer, Jr.: A Legal Maverick For The False Claims Act, S. Elizabeth Malloy, Michael E. Solimine

University of Cincinnati Law Review

No abstract provided.


Peran Notaris Pada Pembuatan Akta Jaminan Fidusia Dengan Objek Jaminan Berupa Hak Cipta, Abiandri Fikri Akbar May 2023

Peran Notaris Pada Pembuatan Akta Jaminan Fidusia Dengan Objek Jaminan Berupa Hak Cipta, Abiandri Fikri Akbar

Indonesian Notary

Undang Undang Nomor 28 Tahun 2014 Tentang Hak Cipta mengatur bahwa Hak Cipta sebagai benda bergerak tidak berwujud dapat dijadikan sebagai objek jaminan fidusia. Pada Undang-Undang Nomor 42 Tahun 1999 tentang Jaminan Fidusia diatur bahwa pembebanan benda jaminan fidusia harus dibuat dengan akta notaris dengan setidak-tidaknya memuat nilai benda yang menjadi objek jaminan fidusia.. Hal tersebut menimbulkan permasalahan terutama mengenai mekanisme penilaian dan pemuatan hak cipta sebagai jaminan karena sifatnya yang merupakan benda bergerak tidak berwujud sehingga sulit untuk dinilai. Penelitian ini dilakukan secara yuridis-normatif dengan melakukan lapangan wawancara terhadap pihak yang berkaitan dengan pembuatan akta jaminan fidusia. Tujuan dari …


Konsep Dan Bentuk Perlindungan Hak Penguasaan Atas Tanah Masyarakat Hukum Adat Di Indonesia (Studi Kasus Putusan Pengadilan Negeri Balige No. 42/Pdt.Plw/2016/Pn Blg), Ernila Erfa May 2023

Konsep Dan Bentuk Perlindungan Hak Penguasaan Atas Tanah Masyarakat Hukum Adat Di Indonesia (Studi Kasus Putusan Pengadilan Negeri Balige No. 42/Pdt.Plw/2016/Pn Blg), Ernila Erfa

Indonesian Notary

Tanah Ulayat merupakan tanah yang dikuasai secara bersama oleh warga masyarakat hukum adat, di mana pengaturan pengelolaannya dilakukan oleh pemimpin adat (Kepala Adat) dan pemanfaatannya diperuntukan baik bagi warga masyarakat hukum adat yang bersangkutan maupun orang luar. Untuk dapat menyatakan bahwa suatu hak ulayat di suatu tempat tertentu masih eksis, ada tiga unsur pokok yang harus dipenuhi yaitu unsur masyarakat, unsur wilayah dan unsur hubungan antara masyarakat hukum adat dengan wilayahnya. Terdapat dua permasalahan dalam penelitian ini yakni pembuktian atas pemilikan tanah adat berdasarkan UUPA dan pertimbangan hakim pada Putusan Pengadilan Negeri No. 42/Pdt.Plw/2016/Pn Blg serta konsep dan bentuk perlindungan …


Racial Diversity And Law Firm Economics, Jack Thorlin Apr 2023

Racial Diversity And Law Firm Economics, Jack Thorlin

Arkansas Law Review

There is an eternal temptation to think that if one recognizes a moral problem and does something about it, then one is blameless even if the action taken does not solve the problem. We usually recognize that it is absurd to credit intent when the disconnect from results is vast—consider the rightfully mocked tendency of people to respond to tragedies by declaring that their “thoughts and prayers” are with the victims rather than taking any meaningful step to ameliorate their suffering. People still engage in such posturing because the behavior benefits them in several ways: (a) others see that the …