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Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Champions For Justice & Public Interest Auction 2019, Roger Williams University School Of Law

School of Law Public Interest Auction

No abstract provided.

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Licensing Paralegals To Practice Law: A Path Toward Bridging The Justice Gap In Minnesota, Conner Suddick

Departmental Honors Projects

There are few legal avenues for low-income and other marginalized groups in the United States to seek civil justice. A lack of legal assistance in civil issues can be detrimental to a person’s health and wellbeing. Given this reality, the legal profession must broaden its capacity to serve these needs, and one path is to embrace the aid of paralegals. In 2016, the legal community of Minnesota had conversations about whether the state should provide limited licenses to paralegals. To study models from across the country, the Minnesota State Bar Association (MSBA) formed the Alternative Legal Models Task Force. In …

Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Who Decides Justice: The Case For Legally Trained Magistrate Judges In West Virginia, Jason Neal

West Virginia Law Review

No abstract provided.

Law By Non-Lawyers: The Limit To Limited License Legal Technicians Increasing Access To Justice, Rebecca M. Donaldson

Seattle University Law Review

For the first time in the American legal profession, non-lawyers can openly, independently, ethically, and legally engage in activities recognized by bar associations as the practice of law. In 2012, the Washington Supreme Court passed Admission and Practice Rule 28 (APR 28), establishing the profession’s first paraprofessional licensing scheme that allows non-lawyers to give legal advice. The process authorizes qualified non-lawyers to provide legal advice without the supervision of a lawyer. Washington’s Supreme Court intends for Limited License Legal Technicians, or “LLLTs” as they are known, to increase access to justice by responding to the unmet civil legal needs of …

Law School News The First Circuit At Rwu Law 10/03/2018, Michael M. Bowden, Julia Rubin

Life of the Law School (1993- )

No abstract provided.

Law School News: Appeals Court Hears Labor Arguments At Roger Williams University School Of Law 10-2-2018, Katie Mulvaney, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law September 2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The History, Meaning, And Use Of The Words Justice And Judge, Jason Boatright

St. Mary's Law Journal

The words justice and judge have similar meanings because they have a common ancestry. They are derived from the same Latin term, jus, which is defined in dictionaries as “right” and “law.” However, those definitions of jus are so broad that they obscure the details of what the term meant when it formed the words that eventually became justice and judge. The etymology of jus reveals the kind of right and law it signified was related to the concepts of restriction and obligation. Vestiges of this sense of jus survived in the meaning of justice and judge. …

"Dirty" Experts: Ethical Challenges Concerning, And A Comparative Perspective On, The Use Of Consulting Experts, David S. Caudill

St. Mary's Journal on Legal Malpractice & Ethics

U.S. attorneys often hire consulting experts who potentially never get named as testifying experts. The same practice is evident in Australia, where the colloquial distinction is between a “clean” and a “dirty” expert, the latter being in the role of a consultant who is considered a member of the client’s “legal team.” A “clean” expert named as a witness is then called “independent,” signaling that he or she is not an advocate. In contrast to the U.S. discourse concerning consulting and testifying experts, focused on discovery issues, the conversation in Australia betrays immediate ethical concerns that both (i) explain why …

The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell

St. Mary's Journal on Legal Malpractice & Ethics

The legal profession is bound by ethical rules that govern and guide our conduct and actions as lawyers. One of the under-appreciated, but profoundly important set of guidelines is the Texas Standards for Appellate Conduct. These Standards serve as an excellent practice guide for appellate practitioners and appellate courts and as a model code of conduct for the Bar as a whole.

The goal of this Article is to dissect the Texas Standards for Appellate Conduct and provide useful commentaries for the readers to better appreciate and understand each element of the Standards. The commentaries provide direct case examples and …

The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, Donald E. Campbell

St. Mary's Journal on Legal Malpractice & Ethics

This Article addresses an issue courts across the country continue to struggle with: When are ethics rules appropriately considered enforceable substantive obligations, and when should they only be enforceable through the disciplinary process? The question is complicated by the ethics rules themselves. Paragraph 20 of the Scope section of the Model Rules of Professional Conduct includes seemingly contradictory guidance; it states the Rules are not to be used to establish civil liability, but also that they can be “some evidence” of a violation of a lawyer’s standard of care. Most states have adopted this paradoxal Paragraph 20 language. Consequently, courts …

Causation And "Legal Certainty" In Legal Malpractice Law, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

A line of California cases holds that causation of damages in legal malpractice actions must be proven with “legal certainty.” This Article argues that judicial references to legal certainty are ambiguous and threaten to undermine the fairness of legal malpractice litigation as a means for resolving lawyer-client disputes. Courts should eschew the language of legal certainty and plainly state that damages are recoverable if a legal malpractice plaintiff proves, by a preponderance of the evidence, that those losses were factually and proximately caused by the defendant’s breach of duty.

Dirty Experts: Ethical Challenges Concerning, And A Comparative Perspective On, The Use Of Consulting Experts, David S. Caudill

Faculty Publications

U.S. attorneys often hire consulting experts who potentially never get named as testifying experts. The same practice is evident in Australia, where the colloquial distinction is between a “clean” and a “dirty” expert, the latter being in the role of a consultant who is considered a member of the client’s “legal team.” A “clean” expert named as a witness is then called “independent,” signaling that he or she is not an advocate. In contrast to the U.S. discourse concerning consulting and testifying experts, focused on discovery issues, the conversation in Australia betrays immediate ethical concerns that both (i) explain why …

Law School News: Dean Yelnosky Applauds Uniform Bar Exam Decision 06-08-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Better Briefs, Lydia Fearing

St. Mary's Journal on Legal Malpractice & Ethics

Abstract forthcoming

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems …

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

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.

A Matter Of Interpretation: Federal Courts And The Law, Charles R. Priest

Maine Law Review

Justice Scalia's engaging essay, “Common-Law Courts in a Civil-Law System: The Role of United States Federal Courts in Interpreting the Constitution and Laws,” and the four comments it provokes, should provide lawyers, judges, and other lawmakers with an interesting evening. Instead of presenting a theoretical view of the role of the federal courts in interpretation, Justice Scalia sketches out a case for “textualism.” “Textualism” is one of several currently contending methods of interpreting statutes and the United States Constitution, and is currently popular among federal judges who see their role as restricting government's powers to those expressly stated in the …

Newsroom: A Mentor And A Friend 2-21-2018, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Judicial Externships: Sharing Current Practices, Dinah Lennon Archambeault

Duke Law Master of Judicial Studies Theses

The need for externships has risen over the years as the importance of providing experiential education to supplement traditional doctrinal law school education has become generally acknowledged. Despite the many articles on externships, few, if any, have addressed how judicial externs are selected and how judicial externships are structured in the courts.

It was necessary to conduct qualitative research to determine how various courts address their extern programs, if at all. Based on the research I have undertaken, practices vary among courts and judges. Not only is there no uniform practice with respect to which courts and even judges place …

Clerking For God’S Grandfather: Chauncey Belknap’S Year With Justice Oliver Wendell Holmes, Jr., Todd C. Peppers, Ira Brad Matetsky, Elizabeth R. Williams, Jessica Winn

Scholarly Articles

Most of what we know about law clerks comes from the clerks themselves, usually in the form of law review articles memorializing their Justices and their clerkships or in interviews with reporters and legal scholars. In a few instances, however, law clerks have contemporaneously memorialized their experiences in diaries. These materials provide a rare window into the insular world of the Court. While the recollections contained in the diaries are often infused with youthful hero worship for their employer—in contradistinction to Justice Oliver Wendell Holmes, Jr.’s claim that no man is a hero to his valet— they offer a real-time, …

Dethroning The Hierarchy Of Authority, Amy J. Griffin

Publications

The use of authority in legal argument is constantly evolving—both the types of information deemed authoritative and their degree of authoritativeness—and that evolution has accelerated in recent years with dramatic changes in access to legal information. In contrast, the uncontroversial and ubiquitous “hierarchy of authority” used as the cornerstone for all legal analysis has remained entirely fixed. This article argues that the use of the traditional hierarchy as the dominant model for legal authority is deeply flawed, impeding a deeper understanding of the use of authority in legal argument. Lawyers, judges, and academics all know this, and yet no scholarly …

Newsroom: Courtroom Dedicated To Judge Selya 10-30-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Law School Dedicates Appellate Courtroom To Judge Selya 10-15-2017, Edward Fitzpatrick, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Newsroom: U.S. Supreme Court Justice Ruth Bader Ginsberg To Visit Rwu Law 08-31-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

The Missouri Student Transfer Program, Howard E. Fields Iii

Dissertations

In 1993, the state of Missouri passed the Outstanding Schools Act. This law was created as a means to ensure that “all children will have quality educational opportunities, regardless of where in Missouri they live.” Section 167.131 of this law states that an unaccredited district must pay the tuition and transportation cost for students who attend an accredited school in the same or adjoining district. This portion of the law became known as the Student Transfer Program.

The Riverview Gardens School District (RGSD) was one of three unaccredited school districts in the state of Missouri in 2013. With close to …