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2018

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Full-Text Articles in Law

Lawyer As Soothsayer: Exploring The Important Role Of Outcome Prediction In The Practice Of Law, Mark K. Osbeck Dec 2018

Lawyer As Soothsayer: Exploring The Important Role Of Outcome Prediction In The Practice Of Law, Mark K. Osbeck

Articles

Outcome prediction has always been an important part of practicing law. Clients rely heavily on their attorneys to provide accurate assessments of the potential legal consequences they face when making important decisions (such as whether to accept a plea bargain, or risk a conviction on a much more serious offense at trial). And yet, notwithstanding its enormous importance to the practice of law (and notwithstanding the handsome legal fees it commands), outcome prediction in the law remains a very imprecise endeavor. The reason for this inaccuracy is that the three principal tools lawyers have traditionally relied on to facilitate outcome …


The Making Of The Supreme Court Bar: How Business Created A Solicitor General For The Private Sector, Jeremy Pilaar Dec 2018

The Making Of The Supreme Court Bar: How Business Created A Solicitor General For The Private Sector, Jeremy Pilaar

Michigan Law Review Online

This Essay tells a simple but important story about power and the law: that of the rise of the modern Supreme Court bar. Since 1985, a small cadre of private attorneys has come to dominate Court advocacy. While the share of lawyers making their first arguments before the justices fell from 76% to 43% between 1980 and 2007, the fraction with ten or more arguments under their belt rose from 2% to 28%. Similarly, while litigators with five or more previous arguments were responsible for 5.8% of the case petitions granted in October Term 1980, that quotient soared to 55.5% …


Law School News: National Criminal Defense College To Hold Trial Practice Institute At Rwu School Of Law 11/15/2018, Edward Fitzpatrick Nov 2018

Law School News: National Criminal Defense College To Hold Trial Practice Institute At Rwu School Of Law 11/15/2018, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


Women In Robes 10/04/2018, Roger Williams University School Of Law, Women's Law Society Oct 2018

Women In Robes 10/04/2018, Roger Williams University School Of Law, Women's Law Society

School of Law Conferences, Lectures & Events

No abstract provided.


Roger Williams University School Of Law And The Women's Law Society Present Women In Robes 10-4-2018, Roger Williams University School Of Law Oct 2018

Roger Williams University School Of Law And The Women's Law Society Present Women In Robes 10-4-2018, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Government Lawyering: Duties And Ethical Challenges Of Government Lawyers, Andrew Flavelle Martin Oct 2018

Government Lawyering: Duties And Ethical Challenges Of Government Lawyers, Andrew Flavelle Martin

Dalhousie Law Journal

Are government lawyers different than lawyers in private practice? If so, why does it matter? While these questions have been addressed piecemeal in the Canadian legal ethics literature, Elizabeth Sanderson's Government Lawyering: Duties and Ethical Challenges of Government Lawyers is the first comprehensive and long-form answer to them.1 As Adam Dodek hints in the foreword 2 and has noted elsewhere,3 the degree to which government lawyers have been overlooked in the Canadian legal literature is incongruent with their sheer numbers as a proportion of the legal profession in Canada. The need for this book is pronounced.


The Impact Of The Honour Of The Crown On The Ethical Obligations Of Government Lawyers: A Duty Of Honourable Dealing, Andrew Flavelle Martin, Candice Telfer Oct 2018

The Impact Of The Honour Of The Crown On The Ethical Obligations Of Government Lawyers: A Duty Of Honourable Dealing, Andrew Flavelle Martin, Candice Telfer

Dalhousie Law Journal

The honour of the Crown is recognized as a Canadian constitutional principle that is essential to reconciliation between Indigenous and non-Indigenous Canadians. As part of the process of reconciliation, this article argues that the honour of the Crown imposes a special ethical obligation on government lawyers in specific circumstances, which we call the duty of honourable dealing. We situate this duty in the divided literature and case law about whether government lawyers have special ethical obligations and in the two dimensions in which the honour of the Crown applies: the Crown as an institution and the Crown as a collection …


The Death Of Judicial Independence In Turkey: A Lesson For Others, Edwin L. Felter Jr., Oyku Didem Aydin Sep 2018

The Death Of Judicial Independence In Turkey: A Lesson For Others, Edwin L. Felter Jr., Oyku Didem Aydin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh Jul 2018

Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh

Nancy Welsh

Today, there can be little doubt that “alternative” dispute resolution is anything but alternative. Nonetheless, many judges, lawyers (and law students) do not truly understand the dispute resolution processes that are available and how they should be used. In the shadow of the current economic crisis, this lack of knowledge is likely to have negative consequences, particularly in those areas of practice such as bankruptcy and foreclosure in which clients, lawyers, regulators, and courts work under pressure, often with inadequate time and financial resources to permit careful analysis of procedural options. Potential negative effects can include: (1) impairment of a …


Lawyers In Africa: Brokers Of The State, Intermediaries Of Globalization - A Case Study Of The "Africa" Bar In Paris, Sara Dezalay Jul 2018

Lawyers In Africa: Brokers Of The State, Intermediaries Of Globalization - A Case Study Of The "Africa" Bar In Paris, Sara Dezalay

Indiana Journal of Global Legal Studies

Africa is the "Global Economy's Last Frontier"! Images of the African continent as a boon of mineral riches, and a new legal Far West pervade media and scholarly accounts. Yet, these images tend to reflect the protracted political and development dependency of African states, with lawyers involved in corporate dealings on the continent either denounced as mercenaries at the service of neo-colonial "looting" or idealized as missionaries of the rule of law. This article suggests a research strategy that moves away from these ideological and political accounts. It uses lawyers' trajectories and professional strategies as an entry-point to reglobalize the …


Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan Jun 2018

Rwu First Amendment Blog: David Logan's Blog: Discovering Trump 06-22-2018, David A. Logan

Law School Blogs

No abstract provided.


Distant Voices Then And Now: The Impact Of Isolation On The Courtroom Narratives Of Slave Ship Captives And Asylum Seekers, Tara Patel Jun 2018

Distant Voices Then And Now: The Impact Of Isolation On The Courtroom Narratives Of Slave Ship Captives And Asylum Seekers, Tara Patel

Michigan Journal of Race and Law

Part I compares the nineteenth century cases of the Antelope and the Amistad to identify why they resulted in different outcomes despite having similar fact patterns. The Antelope concerned the fate of approximately 280 African captives discovered on a slave trade ship upon its interception by a U.S. revenue cutter. Since the slave trade in the United States was illegal at the time, the captives were transported to Savannah for trial through which their status—free or slave—would be determined. After a lengthy trial and appeals process in which Spain and Portugal laid claim to the captives, the Supreme Court determined …


"It's Not You, It's Your Caseload": Using Cronic To Solve Indigent Defense Underfunding, Samantha Jaffe Jun 2018

"It's Not You, It's Your Caseload": Using Cronic To Solve Indigent Defense Underfunding, Samantha Jaffe

Michigan Law Review

In the United States, defendants in both federal and state prosecutions have the constitutional right to effective assistance of counsel. That right is in jeopardy. In the postconviction setting, the standard for ineffective assistance of counsel is prohibitively high, and Congress has restricted federal habeas review. At trial, severe underfunding for state indigent defense systems has led to low pay, little support, and extreme caseloads—which combine to create conditions where lawyers simply cannot represent clients adequately. Overworked public defenders and contract attorneys represent 80 percent of state felony defendants annually. Three out of four countywide public defender systems and fifteen …


What U.S Defense Attorneys Know About Facial Composites, Marisa H. Jaross May 2018

What U.S Defense Attorneys Know About Facial Composites, Marisa H. Jaross

Student Theses

The Innocence Project’s DNA exoneration database (2018) indicates that approximately 27% of wrongful conviction cases containing eyewitness evidence also included a composite or sketch[1] of the perpetrator. This statistic is alarming, given that composites are rarely used in criminal investigations (PERF, 2013), but not surprising considering “good” composites are notoriously difficult to construct (e.g., Wells, Charman, & Olson, 2005). It is well understood that eyewitness evidence can be particularly persuasive evidence of guilt for juries and thus we were interested in learning more about how defense attorneys prepare for trial with respect to this specific type of eyewitness evidence. …


International Courts Improve Public Deliberation, Shai Dothan May 2018

International Courts Improve Public Deliberation, Shai Dothan

Michigan Journal of International Law

The paper starts with the effects of international courts on the broader public and narrows down to their influence on a small elite of lawyers. Part I suggests that international courts captivate the public imagination, allowing citizens to articulate their rights. Part II demonstrates how governments, parliaments, and national courts around the world interact with international courts in ways that improve public deliberation. Part III studies the global elite of lawyers that work in conjunction with international courts to shape policy. Part IV concludes by arguing that the dialogue fostered between international courts and democratic bodies does, in fact, lead …


Stranger Than Fiction: How Lawyers Can Accurately Andrealistically Tell A True Story By Using Fiction Writers’Techniques That Make Fiction Seem More Realistic Than Reality, Cathren Page Apr 2018

Stranger Than Fiction: How Lawyers Can Accurately Andrealistically Tell A True Story By Using Fiction Writers’Techniques That Make Fiction Seem More Realistic Than Reality, Cathren Page

Louisiana Law Review

The article focuses on how attorneys can make their true stories actually appear to be so by using some of the same techniques that fiction writers use to make fiction seem real and concept of verisimilitude and outlines some of the traits of the concrete.


On Appeal: Courts, Lawyering, And Judging, Richard L. O'Meara Apr 2018

On Appeal: Courts, Lawyering, And Judging, Richard L. O'Meara

Maine Law Review

If one were to ask the members of the Maine legal community to define the term “judicial temperament,” many would answer the question simply by referring to Frank Coffin. Judge Coffin's newest book, On Appeal: Courts, Lawyering, and Judging, illustrates why the Judge has earned such overwhelming respect. This highly personal work permits readers a glimpse “behind the scenes” at the judicial life of a man who has forged a highly successful career of public service marked by sensitive, fair, and well-reasoned decision-making and by good-humored, collegial relationships with all of his colleagues in the legal community and beyond.


On Appeal: Courts, Lawyering, And Judging, John P. Frank Apr 2018

On Appeal: Courts, Lawyering, And Judging, John P. Frank

Maine Law Review

Judge Coffin, a former Chief Justice of the United States Court of Appeals for the First Circuit, a former United States Congressman, a former Executive Department administrator, is -- despite those “formers” -- presently a very bright and engaging writer. This compact volume has worthwhile things to say on every aspect of appeals, briefing, argument, deciding the cases, and getting out the opinions. It crisply touches all the appeals phases in which we practitioners are interested.


Whose Public Interest Is It Anyway?: Advice For Altruistic Young Lawyers, Patricia M. Wald Apr 2018

Whose Public Interest Is It Anyway?: Advice For Altruistic Young Lawyers, Patricia M. Wald

Maine Law Review

The Third Annual Frank M. Coffin Lecture on Law and Public Service was held on September 28, 1994. The Honorable Patricia M. Wald, Judge, United States Court of Appeals for the District of Columbia, presented “Whose Public Interest Is It Anyway?: Advice for Altruistic Young Lawyers.”


Legal History And Rights For Nonhuman Animals: An Interview With Steven M. Wise, Angela Fernandez Apr 2018

Legal History And Rights For Nonhuman Animals: An Interview With Steven M. Wise, Angela Fernandez

Dalhousie Law Journal

This article offers a window into the recent work of the Nonhuman Rights Project (NhRP) and its quest to secure legal personhood for cognitively advanced nonhuman animals (chimpanzees, elephants, and orcas). Law& History Professor Angela Fernandez interviews Nonhuman Rights Project founder Steven Wise about the work of his organization, setting the litigation strategy of the NonHuman Rights Project against the background of Wise's historical work on the 1772 British case that ended slavery in England, Somerset v. Stewart. The conversation Fernandez has with Wise ranges across the most recent decisions of the Nonhuman Rights Project cases, what has happened since …


Rwu First Amendment Blog: David Logan's Blog: Weather Forecast For March 25: Stormy On 60 Minutes? 03-18-2018, David A. Logan Mar 2018

Rwu First Amendment Blog: David Logan's Blog: Weather Forecast For March 25: Stormy On 60 Minutes? 03-18-2018, David A. Logan

Law School Blogs

No abstract provided.


To Be The Change: Finding Higher Ground In The Law, Paula A. Franzese Mar 2018

To Be The Change: Finding Higher Ground In The Law, Paula A. Franzese

Maine Law Review

The law is the cornerstone of our society, one of the pillars of civilization, the very “witness … of our moral life.” In the words of former Chief Justice Earl Warren, “[t]he greatest issue before the world today is law.” He continued: “But throughout history, and never more than in our own day, the great question has been whether that law was to be compatible with the basic instinct of all human beings for freedom, for opportunity, for dignity and for peace.” At a time when the challenge to realize this essential congruity has never been more pronounced, the soul …


Law Library Blog (March 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law Mar 2018

Law Library Blog (March 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Newsroom: Court As Classroom 03-01-2018, Roger Williams University School Of Law Mar 2018

Newsroom: Court As Classroom 03-01-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Law Hasn't Yet Achieved Parity, Leah Litman Mar 2018

The Law Hasn't Yet Achieved Parity, Leah Litman

Articles

Parity between men and women in the legal profession is an aspiration. It’s not reality, at least not yet. I wish I’d have understood that in law school because hearing that there’s parity when there’s none can be maddening. I also wish I would have known about the resources available to people who want to do something about the lack of parity in our profession.


Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer Feb 2018

Towering Figures, Enigmas, And Responsive Communities In American Legal Ethics, Thomas L. Shaffer

Maine Law Review

The Annual Edward S. Godfrey Lecture at the University of Maine School of Law was held on November 12, 1998. Professor Thomas L. Shaffer, Edward S. Godfry Professor of Law, presented “Towering Figures, Enigmas, and Responsive Communities in American Legal Ethics.”


In Pursuit Of The Public Good: Lawyers Who Care, Ruth Bader Ginsburg Feb 2018

In Pursuit Of The Public Good: Lawyers Who Care, Ruth Bader Ginsburg

Maine Law Review

The Eighth Annual Frank M. Coffin Lecture on Law and Public Service was held on November 22, 1999. The Honorable Ruth Bader Ginsburg, Associate Justice of the United States Supreme Court, delivered the lecture. Established in 1992, the lecture honors Judge Frank M. Coffin, Senior Circuit Judge of the United States Court of Appeals for the First Circuit and long-time friend of the University of Maine School of Law.


Miller, John Goodrum, Sr., 1853-1936 (Mss 629), Manuscripts & Folklife Archives Feb 2018

Miller, John Goodrum, Sr., 1853-1936 (Mss 629), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Collection 629. Writings of John Goodrum Miller, Sr., a lawyer and native of Caldwell County, Kentucky. Includes a family history, a personal memoir, and manuscript chapters on early Kentucky history, English church history, and the U.S. Constitution. Also includes a small amount of material related to The Black Patch War, Miller’s book on the Night Riders.


Champions For Justice 2018, Roger Williams University School Of Law Jan 2018

Champions For Justice 2018, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Legal Deserts: A Multi-State Perspective On Rural Access To Justice (Forthcoming), Danielle M. Conway Jan 2018

Legal Deserts: A Multi-State Perspective On Rural Access To Justice (Forthcoming), Danielle M. Conway

Faculty Publications

Rural America faces an increasingly dire access to justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of that crisis is the dearth of information and research regarding the extent of the problem and its impacts. This article begins to address that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, …