Law Commons^™

Beyond Loper Bright: Securities Enforcement And Regulation In A Post-Chevron World, Kevin Campion, Jake Griggs

Seton Hall Law Review

No abstract provided.

Commencement Program - Seton Hall University School Of Law Class Of 2025 Commencement Exercises

Graduation

No abstract provided.

Speech - Benediction - Seton Hall Law School Commencement Njpac May 28, 2025, Kevin P. Mckenzie '25

Graduation

No abstract provided.

Speech - Seton Hall Law School Commencement Welcome Address, Katia Passerini , Provost And Senior Executive Vice President

Graduation

No abstract provided.

Speech - Dean Weich's 2025 Commencement Remarks, Ronald Weich , Dean Of Seton Hall Law School

Graduation

No abstract provided.

Speech - Seton Hall Law Graduation, 2025 - Chair Of The Board Of Visitors, Welcome Remarks, Elaine A. Rocha , Esq., Chair, Board Of Visitors

Graduation

No abstract provided.

Speech - Class Of 2025 Commencement Speech, Najma Hassan

Graduation

No abstract provided.

The Lawyer As Advocate, Mark R. Brown, Jonathan Rapping, Christian Stegmaier

Mercer Law Review

Remarks from the Lawyer as Advocate panelists from the Mercer Law Review Annual Symposium, which was entitled Parts of a Whole: The Multiple Roles of the Lawyer and Professional Identity (Oct. 4, 2024). A recording of The Lawyer as Advocate panel may be found online at the following link: https://www.youtube.com/watch?v=Iixbw77DW_I [https://perma.cc/NQ4X-MW43]. Each of the panelists’ full biographies may be found online at the following link: https://guides.law.mercer.edu/ld.php?content_id=78269490 [https://per ma.cc/CAY7-MQUX].

Lawyer As Judge Or Other Neutral Actor, Verda M. Colvin, Charles Gardner Geyh, Marc T. Treadwell

Mercer Law Review

Remarks from the Lawyer as Judge or Other Neutral Actor panelists from the Mercer Law Review Annual Symposium, which was entitled Parts of a Whole: The Multiple Roles of the Lawyer and Professional Identity (Oct. 4, 2024). A recording of The Lawyer as Judge or Other Neutral Actor panel may be found online at the following link: https://www.youtube.com/watch?v=Iixbw77DW_I [https://perma.cc/NQ4X-MW43]. Each of the panelists’ full biographies may be found online at the following link: https://guides.law.mercer.edu/ld.phpcontent_id=78269490 [https://perma.cc/CAY7-MQUX].

Professional Roles Expanded: Holistic, Systemic, & Optimistic Lawyering, Douglas B. Ammar

Mercer Law Review

Last night’s keynote speaker—Mary Smith—suggested that there is often a connection between working with individuals (i.e., being an advocate) and seeking systemic change.1 Those connections rarely occur at the same time, during the same transactions. They seldom overlap They might not even be sequentially connected in time, but they are connected. One prepares you for the other—direct service lays the groundwork for system change.

For the first twenty years of our organization’s history, we focused solely on individual representation—on being someone’s lawyer as they faced a criminal charge. We did that work, and continue to represent individuals, in an iconoclastic …

The Lawyer’S Obligation As Public Citizen, Gene R. Nichol

Mercer Law Review

It is an honor to participate in this symposium—at the Mercer Law School—which, to its great credit, is looking hard and thoughtfully at the lawyer’s professional role. I particularly admire the focus on the lawyer’s obligation as public citizen. Something we pay attention to, I’d guess, less frequently than other purported ethical charges. I’m grateful, too, that the Mercer Law Review would host this terrific conference. And I salute former American Bar Association (ABA) President Mary Smith’s leadership on these issues; especially her formation, in 2023, of the ABA’s Task Force for American Democracy, with Judge Michael Luttig and others, …

Money For Nothin’, Gifts For Free: The Supreme Court Differentiates Between Bribes And Gratuities In Snyder V. United States, Seth Lewis

Mercer Law Review

The Supreme Court of the United States determined that the federal bribery statute regarding state and local officials did not include gratuities in Snyder v. United States. In Snyder, James Snyder was convicted of accepting an illegal gratuity under 18 U.S.C. § 666 and appealed his conviction. The Court’s decision addressed the split in the United States Courts of Appeals regarding whether 18 U.S.C. § 666 criminalized gratuities, payments made after an official’s act without a prior agreement, along with bribes, payments made with a prior agreement. The Court held that 18 U.S.C. § 666 only criminalized bribes and did …

Good Faith, Bad Faith, And Ugly Tactics: Bad Faith In Modern Insurance Litigation, John M. Forbes

Mercer Law Review

This Article seeks to explain bad faith in insurance litigation. Its purpose is to provide a general overview of the cause of action, as well as outline some of the nuances which make bad faith difficult to litigate for all involved. In this Article, Part III will introduce the general idea of the cause of action and discuss some of its history. Part IV will discuss the mechanics, including: first and third-party claims, procedural prerequisites, the origins of a claim, whether insurers must pay a claim to avoid bad faith, assignment, damages, and summary judgment. Part V will explain why …

The Ambiguity Rule: Pennhurst, Dole, And The American Rescue Plan Act, Damiano Servidio

Seton Hall Law Review

No abstract provided.

The Lawyer As Counselor, Joan Macleod Heminway, D'Andrea Morning, Ben Parrish

Mercer Law Review

Remarks from the Lawyer as Counselor panelists from the Mercer Law Review Annual Symposium, which was entitled Parts of a Whole: The Multiple Roles of the Lawyer and Professional Identity (Oct. 4, 2024). A recording of The Lawyer as Counselor panel may be found online at the following link: https://www.youtube.com/watch?v=Iixbw77DW_I [https://perma.cc/NQ4X-MW43]. Each of the panelists’ full biographies may be found online at the following link: https://guides.law.mercer.edu/ld.php?content_id=78269490 [https://pe rma.cc/CAY7-MQUX].

Current Events In Legal Classrooms: Enhancing Professional Identity Formation, Stevie Leahy

Mercer Law Review

In the Fall of 2023, educators were surveyed on their inclusion of “current events” in classroom spaces (“CE Survey”). The term current events was broadly defined as: “events that are happening in the world, including recent legal decisions (U.S. or global), political events that impact the operation of the legal system, and/or social events that impact your community. This definition is intended to be inclusive.” Based on nearly 100 responses, the results indicate that while the large majority of educators agreed that incorporating current events into instruction is vital, there are still many barriers to responsible inclusion of this type …

The Aftermath Of Loper Bright: The Demise Of Deference Will Make No Difference In Securities Law, Dan M. Berkovitz

Seton Hall Law Review

No abstract provided.

Loper Bright And Judicial Review Of Ratemaking, Alison Gocke, Nathaniel Glass

Seton Hall Law Review

No abstract provided.

Pleas And Prejudice: Examining Ineffective Assistance Of Counsel In Plea Bargaining After The Supreme Court’S Denial Of Certiorari In Davis V. United States, Casey R. Morrison

Seton Hall Law Review

No abstract provided.

The Lawyer As Active Participant In Public Life, Douglas B. Ammar, Gene R. Nichol, Teresa Pike Tomlinson

Mercer Law Review

Remarks from the Lawyer as Active Participant in Public Life panelists from the Mercer Law Review Annual Symposium, which was entitled Parts of a Whole: The Multiple Roles of the Lawyer and Professional Identity (Oct. 4, 2024). A recording of The Lawyer as Active Participant in Public Life panel may be found online at the following link: https://www.youtube.com/watch ?v=Iixbw77DW_I [https://perma.cc/NQ4X-MW43]. Each of the panelists’ full biographies may be found online at the following link: https://guides.law.mercer.edu/ld.php?content_id= 78269490 [https://perma.cc/CAY7-MQUX].

Professional Identity In Context: The Transactional Business Lawyer As Counselor And Leader, Joan Macleod Heminway

Mercer Law Review

A lawyer’s professional identity development is a continuous journey of self-leadership in their lawyering role. The self-leadership may be unplanned, or it may be purposeful. Regardless, the journey is real. And I have come to believe it is important to the individual and the profession.

I identify, in my legal professional space, as a transactional business lawyer. For fifteen years before becoming a law professor, I practiced law full-time in a private firm, principally working on matters involving the legal aspects of business finance and governance in transactional, advisory, and compliance contexts. Most of my full-time law practice involved corporate …

Expressing Sincere Gratitude In Writing: A Modest Step Towards Being A Better And More Effective Lawyer, Bret Rappaport

Mercer Law Review

In my antique desk, at the far back of the big hard-to-open drawer, sits a large brown envelope. The envelope holds about forty years’ worth of thank-you notes to me. Some from clients. Some from coworkers. Some from students. Why do I keep them? Maybe I will be able to answer that question by the time I finish writing this Article. As I write this Introduction, I’m not sure. I don’t specifically remember each card or letter, but a couple do come to mind. They do so with blazing clarity. One is from my high school English teacher, Mrs. Severns. …

Technique With Ideals: An Essay On Professional Identity And Cause Lawyering, Patrick E. Longan, Mark R. Brown

Mercer Law Review

The accreditation standards of the American Bar Association Section on Legal Education and Admission require every school to “provide substantial opportunities to students for . . . the development of a professional identity.” The standards include Interpretation 303-5, which provides guidance about what professional identity means for lawyers and how law schools should seek to shape the professional identities of their students: “Professional identity focuses on what it means to be a lawyer and the special obligations lawyers have to their clients and society. The development of professional identity should involve an intentional exploration of the values, guiding principles, and …

The Pressure Points Of Professional Identity For Judges In The Modern Era, Charles Gardner Geyh

Mercer Law Review

The duties core to the professional identity of a judge are encapsulated in an ethical directive at the literal forefront of the Model Code of Judicial Conduct, some variation of which all state and federal judiciaries have adopted. Rule 1.2 provides that “[a] judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary[.]” This directive implicates three challenges, or pressure points, relevant to a judge’s identity: 1) insofar as judges begin their legal careers as practicing lawyers, when they ascend the bench their professional identities must transition from …

From Ballots To Bureaucrats: Who Is Really Holding Georgia’S Prosecutors Accountable?, Sutton M. Eggena

Mercer Law Review

In the modern justice system that we know today, prosecutors play a significant role in shaping the lives, reputations, and liberties the everyday American enjoys. Former United States Attorney General and Supreme Court Justice Robert H. Jackson once said, “[t]he prosecutor has more control over life, liberty, and reputation than any other person in America.” A prosecutor’s position in the criminal justice system is unlike any other, holding the power to decide who gets charged with a crime and the severity of those charges. This power has evolved, moving from a system where individuals and families had to fight for …

Walking The Ethical Tightrope: The Supreme Court Of Georgia Finds The Thin Line Between Professional Misconduct And Personal Mistakes, A. Lane Hammond

Mercer Law Review

When does a lawyer’s misconduct outside the courtroom affect their licensed status? This question has become increasingly relevant in the legal profession where the line between personal and professional conduct is thin. To a law student nearing the character and fitness portion of the Georgia Bar, that answer feels like, “Always.” Some practicing attorneys may emphatically answer, “Never.” Attorneys are expected to follow the highest ethical standards, but the reality is that many make ethical mistakes in the practice of law and in their personal lives. The challenge of determining which of these mistakes the Supreme Court of Georgia can …

Locating Timbre In Copyright Law’S Modern Musical Work, Lauren Wilson

Journal Articles

Copyright law requires courts deciding music infringement cases to locate two copyrights within a single song: one in the “musical work” and another in the “sound recording.” But songs do not naturally divide into such pieces. Instead, judges untrained in music must parse from a unified song the musical elements belonging to each copyright and to whom those copyrights belong. They have historically approached the task as a simple matter of identifying elements notated on a score as belonging to the musical work and placing “everything else” on the sound recording, but such a formalistic approach does not suit the …

Loper Bright: Resurrecting Skidmore In A New Era, Bernard W. Bell

Seton Hall Law Review

No abstract provided.

Loper Bright’S Deregulatory Synergies, Renee Farmer, Daniel G. Aaron

Seton Hall Law Review

No abstract provided.

The Ministerial Exception And The Fair Labor Standards Act, William Grabas

Seton Hall Law Review

No abstract provided.