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Mmu: 11/13/23–11/19/23, Student Bar Association

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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 …

Conduct Relating To The Practice Of Law: Aba Model Rule 8.4(G) And Its History In Light Of The Constitution, Nathan Moelker

St. Mary's Journal on Legal Malpractice & Ethics

The ABA adopted a revision to the Model Rules in 2016, prohibiting harassment and discrimination against a list of protected classes. The Rule, while well-intentioned and targeted at a serious problem, was broadly phrased to include a large category of protected speech and behavior. The Rule has already faced extensive and well-crafted challenges from the perspective of the Free Speech Clause. This article argues that two additional provisions of the First Amendment—the Free Exercise Clause and Freedom of Association—further illustrate the failure of the Rule and the alarmingly wide-ranging effects of such a prohibition on attorney conduct.

Unauthorized Practice Or Untenable Prohibitions: Refining And Redefining Upl, Jan L. Jacobowitz, Peter R. Jarvis

St. Mary's Journal on Legal Malpractice & Ethics

An extraordinarily number of Americans either cannot afford or cannot find lawyers to assist them on civil legal matters. And an increasing number of Americans turn either to on-line apps or to nonlawyer professionals whose practices may overlap in whole or in part with what lawyers do. Although individuals receive much needed assistance, these alternative providers often confront allegations of committing the unauthorized practice of law. Unfortunately, the rules regarding the unauthorized practice of law (“UPL”) are both outdated and extraordinarily ambiguous. Moreover, UPL issues regarding alternative providers are distinct from questions concerning whether nonlawyers should be entitled to be …

State Of Utah, Plaintiff/Appellee V. Lisa Yvonne Oreilly, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the District Court for the Sixth Judicial District Court for Garfield County Judge Mandy Larsen Reply

Jerry Jaeger Nicolas C. Wilde Special Garfield County Law Attorney

Nicolas C. Wilde Law Office of Nicolas C. Wilde, LLC Trevor J. Lee Hoggan Lee Hutchinson Attorneys for Appellant

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.

Vol. 65, No. 12 (November 13, 2023)

Indiana Law Annotated

No abstract provided.

City Of Erda, Appellant V. John Bleazard, An Individual, Mark Bleazard, An Individual, Six Mile Ranch Company, A Utah Corporation, Appellee : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2021– )

Robert E. Mansfield, Megan E. Garrett, Attorneys for Appellees

Robert E. Mansfield, Megan E. Garrett, Attorneys for Appellees

Janet M. Conway, Attorney for Appellant

Toggle Boggle, Leah Litman

Reviews

What is sex discrimination? Or, more generally, what is discrimination?

This question has often centered around a few recurring divisions in constitutional and antidiscrimination law. One division is between intentional discrimination and disparate impact theories of liability; another break is between formal equality and substantive equality; another, related divide is between anti-classification theories of equality and anti-subordination theories.

Legal Ethics, Code Of Conduct For Barristers And The Overriding Objective In Criminal Trials, Zia Akhtar

St. Mary's Journal on Legal Malpractice & Ethics

The criminal lawyer has a duty to his client, to the court, and to the administration of justice. This must be accomplished within a framework of ethics comprised from codes of conduct regulating the legal profession. There are difficult ethical problems arising from conflicts between a lawyer’s responsibilities to clients, the legal system, and the disciplinary codes of the profession. In England, the barrister’s conduct is governed by the Bar Standard Board, and legal professionals must abide by the regulations that are imposed upon them when acting for their clients. The new Criminal Procedure Rules and …

The Disclosure Of Third-Party Litigation Funding Agreements Is Necessary To Resolve Ethical Dilemmas Created By The Third-Party Lender Industry, Gareth Purnell

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

The Latest Development In Antitrust, Heyman Center On Corporate Governance, Jack Lerner, Christine Ma, Samuel N. Weinstein

2023–2024 Flyers

No abstract provided.

Gender Violence And Indigenous Rights Under International Law, Cardozo International And Comparative Law Review

2023–2024 Flyers

No abstract provided.

Erda Community Association, Inc., Eta L. Appellants V. Grantsville City, Skywalk Development, Lc Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF APPELLEE SKYWALK DEVELOPMENT, L.C.

Brent N. Bateman (10003) J. Tayler Fox (17334) Tyler R. Cahoon (16412) John Tipton (17334) DENTONS DURHAM JONES PINEGAR P.C. Attorneys for Appellee Skywalk Development, L.C.

Janet Conway Attorney for Appellants Brett Coombs Attorney for Appellee Grantsville City Robert Keller Nathanael Mitchell Snow Christensen & Martineau Attorneys for Appellee Grantsville City

Erda Community Association, Inc., Eta L. Appellants V. Grantsville City, Skywalk Development, Lc Appellees. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

BRIEF OF APPELLEE SKYWALK DEVELOPMENT, L.C.

Brent N. Bateman (10003) J. Tayler Fox (17334) Tyler R. Cahoon (16412) John Tipton (17334) DENTONS DURHAM JONES PINEGAR P.C. Attorneys for Appellee Skywalk Development, L.C.

Janet Conway Attorney for Appellants Brett Coombs Attorney for Appellee Grantsville City Robert Keller Nathanael Mitchell Snow Christensen & Martineau Attorneys for Appellee Grantsville City

State Of Utah, Plaintiff/Appellee V. Lisa Yvonne Oreilly, Defendant/Appellant : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2020 –)

Appeal from the District Court for the Sixth Judicial District Court for Garfield County Judge Mandy Larsen

Jerry Jaeger

Nicolas C. Wilde, Trevor J. Lee, Attorneys for Appellant

Mandatory Public Service Summer Stipend Meetings, Cardozo Center For Public Service Law

2023–2024 Flyers

No abstract provided.

Ndls Communicator Week Of 11.13.23, Notre Dame Law School

NDLS Communicator

The Latest News

• Our Notre Dame Law School delegation completed their visit to Cape Town and are now in Johannesburg.
• In honor of Veterans Day, we are honored to showcase profiles of a few of the veterans and active duty military members who are part of the ND Law community.
• Notre Dame Law Professor Jimmy Gurulé will be speaking at the International Criminal Court (ICC) on Monday, November 13.
• Notre Dame Law School’s Religious Liberty Initiative hosts the Law & Religion Junior Faculty Conference in Chicago.
• Mary Ellen O’Connell wrote an op-ed, "Biden needs to call for a ceasefire and …

How The Covid-19 Pandemic Made The Nexus Requirement Obsolete: The Inter-Circuit Conflict Of Website Accessibility Under Ada Title Iii, Anna Schaldenbrand

DePaul Law Review

No abstract provided.

Political Advocacy Groups: The Puppet Masters Behind Public School Boards’ Banning Of Books, Sean Maloney

DePaul Law Review

No abstract provided.

Fertility Fraud In The Land Of Lincoln: Why Illinois Must Pass Comprehensive Legislation To Address Donor Fraud In Artificial Insemination, Megan R. Garofalo

DePaul Law Review

No abstract provided.

A Substantive(-Ish) Right To Housing: An American Problem, Matthew Fern

DePaul Law Review

No abstract provided.

The Role Of Ghetto Art In Holocaust Education And Fighting Antisemitism, Roberta R. Kwall

DePaul Law Review

No abstract provided.

Everybody Knows: Amending The Hatch Act To End The Legal Fiction That Presidential Appointees Are Apolitical, Christopher Ligatti

DePaul Law Review

No abstract provided.

Table Of Contents

DePaul Law Review

No abstract provided.

How Does The Us Media Frame Personal Experiences Of Termination Of Pregnancy, Christina Relacion

Student Works

Limited studies have examined the lived experience of those facing termination of pregnancy due to fetal anomaly in the U.S., particularly after the 2022 ruling in Dobbs v. Jackson Women’s Health Organization. There exists a body of research elsewhere around the world studying how the media frames these experiences, but little is known about the role American media organizations play as health educators for critical reproductive healthcare topics, such as the termination of pregnancy. This critical analysis sought to understand how the U.S. media frames personal accounts of those who have experienced termination of pregnancy due to fetal anomaly, or …

Enforcing Equity, Daiquiri J. Steele

Northwestern University Law Review

Federal administrative agencies that enforce workplace laws have dual responsibilities: (1) to prevent or remedy noncompliance with the underlying workplace law and (2) to prevent or remedy noncompliance with the law’s antiretaliation provisions. Disparities based on race, sex, and their intersection exist with respect to both of these types of employer noncompliance, as female workers and workers of color experience more violations of the substantive provisions and the retaliation provisions of these laws. While effective enforcement is vital to preserving workplace regulation as a whole, there is also an equity component to enforcement. Because workplace law violations disproportionately harm women …

Financial Inclusion, Cryptocurrency, And Afrofuturism, Lynnise Phillips Pantin

Northwestern University Law Review

As a community, Black people consistently face barriers to full participation in traditional financial markets. The decentralized nature of the cryptocurrency market is attractive to a community that has been historically and systematically excluded from the traditional financial markets by both private and public actors. As new entrants to any type of financial market, Black people have increasingly embraced blockchain technology and cryptocurrency as a path towards the wealth-building opportunities and financial freedom they have been denied in traditional markets. This Article analyzes whether the technology’s decentralized system will lead to financial inclusion or increased financial exclusion. Without reconciling the …

Black Liberty In Emergency, Norrinda Brown

Northwestern University Law Review

COVID-19 pandemic orders were weaponized by state and local governments in Black neighborhoods, often through violent acts of the police. This revealed an intersection of three centuries-old patterns— criminalizing Black movement, quarantining racial minorities in public health crises, and segregation. The geographic borders of the most restrictive pandemic order enforcement were nearly identical to the borders of highly segregated, historically Black neighborhoods.

The right to free movement is fundamental and, as a rule, cannot be impeded by the state. But the jurisprudence around state power in public health emergencies, deriving from the 1905 case Jacobson v. Massachusetts, has practically resulted …

Racism As A Threat To Financial Stability, Cary Martin Shelby

Northwestern University Law Review

This Article draws from several theoretical frameworks such as critical race theory, law and economics, and rule of law conceptions to argue that the Financial Stability Oversight Council (FSOC) should formally recognize racism as a threat to financial stability due to its interconnectedness with recent and projected systemic disruptions. This Article begins by first introducing a novel model created by the author through which to dissect this claim. This “Systemic Disruption Model” provides a theoretical depiction of how racism drives every phase along the life-cycle continuum of a systemic disruption.

First, with respect to the Model’s “Introduction” phase, this Article …