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Articles 31 - 60 of 1166
Full-Text Articles in Law
The Shallow State: The Federal Communications Commission And The New Deal, Daniel R. Ernst
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
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 …
Professionals, Politicos, And Crony Attorneys General: A Historical Sketch Of The U.S. Attorney General As A Case For Structural Independence, Jed Handelsman Shugerman
Professionals, Politicos, And Crony Attorneys General: A Historical Sketch Of The U.S. Attorney General As A Case For Structural Independence, Jed Handelsman Shugerman
Faculty Scholarship
We assume that the nineteenth century was an era of patronage, and the twentieth century marked the rise of professionalization. But the Office of the Attorney General reveals an opposite pattern — a troubling rise of cronyism in the DOJ from the early twentieth century.
This Article uses the rough categories of “professional,” “politico,” and “insider” or “crony,” based on each attorney general's background and how he or she rose to the office (rather than based upon their performance in the office.) Most AGs in the nineteenth century were "politicos" (major established political figures) or "professionals" (experienced lawyers relatively separate …
Standing On The Shoulders Of Giants, Paula Schaefer
Standing On The Shoulders Of Giants, Paula Schaefer
Scholarly Works
No abstract provided.
The Upgraded Lawyer: Modern Technology And Its Impact On The Legal Profession, Thomas R. Moore
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
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 …
What We Know And Need To Know About Global Lawyer Regulation, Carole Silver
What We Know And Need To Know About Global Lawyer Regulation, Carole Silver
South Carolina Law Review
No abstract provided.
Second-Best Criminal Case, William Ortman
Second-Best Criminal Case, William Ortman
Law Faculty Research Publications
No abstract provided.
Combating Silence In The Profession, Veronica Root Martinez
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 Myth Of The Country Lawyer, Judy Cornett, Heather Bosau
The Myth Of The Country Lawyer, Judy Cornett, Heather Bosau
College of Law Faculty Scholarship
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
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
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
The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Brandeis Thought Experiment: Reflection On The Elimination Of Racial Bias In The Legal System, Patrick C. Brayer
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 …
The Relevance Of Fatf's Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, Llerena Robles, Jose Carlos
The Relevance Of Fatf's Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, Llerena Robles, Jose Carlos
Faculty Scholarly Works
More than two hundred countriesin the world have agreed to abide by the anti-money laundering ("AML") recommendations developed by the Financial Action Task Force ("FATF"), which is an intergovernmental organization. This Article focuses on the potential impact on the legal profession of FATF's fourth round of mutual evaluations. During these mutual evaluations, which currently are underway, FATF-affiliated countries examine each other's compliance with the FATF Recommendations and recommend follow-up action. This Article first presents the legal profession-related results from the completed Mutual Evaluation Reports. A number of these FATF Reports recommend changes that include requiring lawyers to report suspicious client …
Shades Of Liberalism: Lawyers And Social, Political And Legal Transformations In Nineteenth Century Cuba, Ricardo Pelegrin Taboada
Shades Of Liberalism: Lawyers And Social, Political And Legal Transformations In Nineteenth Century Cuba, Ricardo Pelegrin Taboada
FIU Electronic Theses and Dissertations
In 1819, Ferdinand VII ordered the creation of two Colegios de Abogados in Cuba to prevent the expansion of the number of legal professionals, as well as the unauthorized practice of law. The strategy, however, failed, and lawyers increasingly became a force of political and social change in the island, being mostly inspired by the debates about the implementation of liberal agendas in and out of Cuba. Some Colegios de Abogados eventually became centers of anti-Spanish conspiracy and lawyers even led recurrent uprisings for Cuban independence. Ideas of reform among Cuban lawyers, however, were diverse, and different interpretations of liberalism …
Fordham Law Women: Past, Present, Future, Fordham Law School
Fordham Law Women: Past, Present, Future, Fordham Law School
Ephemera
Postcard for 100 Years of Women at Fordham Law kickoff event held at New-York Historical Society, September 12, 2018.
Fordham Law Women: Past, Present, Future: Program, Fordham Law School
Fordham Law Women: Past, Present, Future: Program, Fordham Law School
Ephemera
Program for 100 Years of Women at Fordham Law kickoff event at New-York Historical Society, September 12, 2018.
When To Praise The Machine: The Promise And Perils Of Automated Transactional Drafting, William E. Foster, Andrew L. Lawson
When To Praise The Machine: The Promise And Perils Of Automated Transactional Drafting, William E. Foster, Andrew L. Lawson
South Carolina Law Review
No abstract provided.
Utah’S Online Dispute Resolution Program, Deno Himonas
Utah’S Online Dispute Resolution Program, Deno Himonas
Dickinson Law Review (2017-Present)
This article by Utah Supreme Court Justice Deno Himonas describes Utah’s Online Dispute Resolution or ODR system. Launched in September 2018, Utah’s ODR system is available to litigants who have small claims disputes that involve $11,000 or less. The ODR system has been designed to provide “simple, quick, inexpensive and easily accessible justice” that includes “individualized assistance and information that is accessible across a multitude of electronic platforms.”
This article describes the history and philosophy behind Utah’s ODR system and includes a number of screen shots that show what an ODR litigant will see. Utah is the first U.S. state …
Washington’S Limited License Legal Technician Rule And Pathway To Expanded Access For Consumers, Stephen R. Crossland, Paula C. Littlewood
Washington’S Limited License Legal Technician Rule And Pathway To Expanded Access For Consumers, Stephen R. Crossland, Paula C. Littlewood
Dickinson Law Review (2017-Present)
Washington’s 2012 adoption of a Limited License Legal Technician (LLLT) rule has been a topic of great interest throughout the United States and elsewhere. This Article is co-written by Steve Crossland, who is the Chair of the Washington Supreme Court’s Limited License Legal Technician Board, which is responsible for implementing the rule, and Paula Littlewood, who is the Executive Director of the Washington State Bar Association, which is the unified bar association charged, inter alia, with lawyer and LLLT regulation. This Article builds on the authors’ previous articles about Washington’s LLLT program by providing previously unpublished information about the …
Educating The New Lawyer: Teaching Lawyers To Offer Unbundled And Other Client-Centric Services, Forrest S. Mosten, Julie Macfarlane, Elizabeth Potter Scully
Educating The New Lawyer: Teaching Lawyers To Offer Unbundled And Other Client-Centric Services, Forrest S. Mosten, Julie Macfarlane, Elizabeth Potter Scully
Dickinson Law Review (2017-Present)
In this article, Forrest Mosten and Julie Macfarlane build a new bridge in their 30-year professional relationship by linking their separate but complementary work in access to legal services, helping the self-represented litigant (“SRL”), transforming the lawyer from gladiator to problem-solver and conflict resolver, and using interdisciplinary team triage in Collaborative Law and preventive conflict wellness to better serve the public. The New Lawyer and Unbundled Legal Services are independent concepts that the three co-authors link in proposing new topics (including the concept of Legal Coaching, which is evolving from the unbundled model) and pedagogical approaches to teaching law students …
The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers
The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers
Dickinson Law Review (2017-Present)
This Article discusses issues regarding assistance of pro se litigants in the context of immigration law. In particular, Part II of this Article highlights programs such as the Legal Orientation Program (LOP) and Immigration Court Helpdesk (ICH) that attempt to alleviate some of the inherent difficulties non-citizen detainees face in immigration proceedings. Part III of this Article focuses on a 2008 Regulation by the Executive Office of Immigration Review (EOIR), which calls for discipline against attorneys that engage in a pattern or practice of failing to enter a Notice of Appearance when engaged in practice or preparation. Lastly, Part IV …
Navigating The New York Courts With The Assistance Of A Non-Lawyer, Fern Fisher
Navigating The New York Courts With The Assistance Of A Non-Lawyer, Fern Fisher
Dickinson Law Review (2017-Present)
This Article discusses a program implemented by the New York State Unified Court System in order to address the justice gap for unrepresented litigants. Part I of this Article discusses the process behind creating the New York Navigator’s Program (discussed in more detail Part II), a program designed to help non-lawyer “Navigators” to assist unrepresented litigants in a limited capacity when the litigants appear before different types of state courts. The Navigators must complete training before they are able to assist the litigants. This program has been well received, as Part IV discusses, and has helped more and more unrepresented …
Ai And The Legal Profession: Could Artificial Stupidity And Responsibility Avoidance Prove To Be The Biggest Agents Of Change, Colin P. A. Jones
Ai And The Legal Profession: Could Artificial Stupidity And Responsibility Avoidance Prove To Be The Biggest Agents Of Change, Colin P. A. Jones
South Carolina Law Review
No abstract provided.
Rural Justice: Improving Access To Justice In The Rural Reaches Of Southern California, Lisa R. Pruitt
Rural Justice: Improving Access To Justice In The Rural Reaches Of Southern California, Lisa R. Pruitt
Lisa R Pruitt
Fordham Law Women: Past, Present, Future: Poster, Fordham Law School
Fordham Law Women: Past, Present, Future: Poster, Fordham Law School
Ephemera
Poster for 100 Years of Women at Fordham Law kickoff event held at New-York Historical Society, September 12, 2018.
100 Years Of Women At Fordham Law: Timeline Brochure, Fordham Law School
100 Years Of Women At Fordham Law: Timeline Brochure, Fordham Law School
Ephemera
Timeline brochure distributed at kickoff event for 100 Years of Women at Fordham Law. Event held at New-York Historical Society, September 12, 2018.
100 Years Of Women At Fordham Law: Posters, Fordham Law School
100 Years Of Women At Fordham Law: Posters, Fordham Law School
Ephemera
Posters for 100 Years of Women at Fordham Law, featuring photographs of alumnae interviewed for oral history videos.
100 Years Of Women At Fordham Law: Timeline, Fordham Law School
100 Years Of Women At Fordham Law: Timeline, Fordham Law School
Ephemera
Full-sized 100 Years of Women at Fordham Law timeline display.