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Articles 361 - 390 of 702
Full-Text Articles in Law and Society
Cardozo Announces The Judith And William Greenblatt Career Success Center With A $5m Commitment From Judith And William Greenblatt ’82, P’14, Benjamin N. Cardozo School Of Law
Cardozo Announces The Judith And William Greenblatt Career Success Center With A $5m Commitment From Judith And William Greenblatt ’82, P’14, Benjamin N. Cardozo School Of Law
Cardozo Law News Archive
The Benjamin N. Cardozo School of Law announced the creation of the Judith and William Greenblatt Career Success Center, supported by a $5 million gift from Judith and William Greenblatt ’82, P’14. This transformative contribution, among the largest in Cardozo’s history, expands the Office of Career Services and supports the Rise Up for Cardozo campaign. The gift honors the school’s upcoming 50th anniversary and has already contributed to a record 97.4% employment rate for the Class of 2024. The new center, officially launching this month, will provide enhanced career counseling and long-term support for student success.
Kathryn O. Greenberg Immigration Justice Clinic Wins Victory For Client Under Convention Against Torture, Kathryn O. Greenberg Immigration Justice Clinic
Kathryn O. Greenberg Immigration Justice Clinic Wins Victory For Client Under Convention Against Torture, Kathryn O. Greenberg Immigration Justice Clinic
Cardozo Law News Archive
The Kathryn O. Greenberg Immigration Justice Clinic at Cardozo School of Law secured a major win for a client facing deportation. Under the supervision of Clinical Teaching Fellow Ellie Norton, students Vasundhra Navjeevan ’25 and Anais Rosenblatt ’25 successfully argued that their client qualified for protection under the Convention Against Torture, preventing his return to a country where he risked severe harm. The students dedicated months of research and advocacy, producing a 50-page brief and representing their client in court, resulting in a decision that adopted many of their arguments.
Dean Leslie Appoints Five New Faculty Members, Benjamin N. Cardozo School Of Law
Dean Leslie Appoints Five New Faculty Members, Benjamin N. Cardozo School Of Law
Cardozo Law News Archive
Cardozo Law proudly welcomes five new members of its strong and growing faculty. Professor of Law James (Jamie) Macleod, Associate Professor of Law Aneil Kovvali, Associate Clinical Professor of Law Prianka Nair, and Assistant Professors of Law Jared Mayer and Britta Redwood will officially join the Cardozo faculty this summer.
Cardozo Dispute Resolution Competition Honor Society Team Earns Top Honors At Cpr’S 2025 International Mediation Competition, Cardozo Dispute Resolution Competition Honor Society
Cardozo Dispute Resolution Competition Honor Society Team Earns Top Honors At Cpr’S 2025 International Mediation Competition, Cardozo Dispute Resolution Competition Honor Society
Cardozo Law News Archive
The Cardozo Dispute Resolution Competition Honor Society (CDRCHS) Team competed at this year's CPR International Mediation Competition April 3-5 in São Paulo, Brazil.
Artificial Intelligence: An Impetus To Amend The Aba Model Code Of Judicial Conduct, Davis G. Yee
Artificial Intelligence: An Impetus To Amend The Aba Model Code Of Judicial Conduct, Davis G. Yee
St. Mary's Journal on Legal Malpractice & Ethics
Notwithstanding the increasing prevalence of artificial intelligence or AI in the legal field, Chief Justice Roberts recently predicted that “human judges will be around for a while.” The reason is that at this time, AI cannot perform judicial mental functions as well as human judges can in deciding cases. Yet, instead of having AI replace human judges, some have explored whether AI can be used to assist human judges with their adjudicative and administrative responsibilities.
This Article focuses on a judge’s ethical obligations when encountering AI on both sides of the bench. That is, what do judicial ethics call for …
Mindful Lawyering: Incorporating Mindfulness Into The American Bar Association’S Model Rules Of Professional Conduct, Lyda Creus Molanphy
Mindful Lawyering: Incorporating Mindfulness Into The American Bar Association’S Model Rules Of Professional Conduct, Lyda Creus Molanphy
St. Mary's Journal on Legal Malpractice & Ethics
No abstract provided.
Don’T Byte Off More Than You Can Chew: Ethical Considerations For The Estate Planner In The World Of Generative Artificial Intelligence, Gerry W. Beyer
Don’T Byte Off More Than You Can Chew: Ethical Considerations For The Estate Planner In The World Of Generative Artificial Intelligence, Gerry W. Beyer
St. Mary's Journal on Legal Malpractice & Ethics
Artificial intelligence (AI) is rapidly being incorporated into estate planning practices. AI products can increase the speed by which you prepare, review, and summarize estate planning related documents, tax returns, and client communications. Likewise, the speed by which you can conduct legal and financial research is faster than ever. This presentation is designed to explain how AI operates, the potential use of AI in your practice, warnings about the use of AI, techniques you may adapt to enhance your AI competency, and how to address the ethical issues that arise when using AI.
When Can A Lawyer Lawfully Use Threats When Negotiating?, James M. Fischer
When Can A Lawyer Lawfully Use Threats When Negotiating?, James M. Fischer
St. Mary's Journal on Legal Malpractice & Ethics
This Article focuses upon a basic negotiation device—a threat, used in a particular context—threats contained in settlement demand letters. In some, but not all, cases, however, the threat may be deemed a crime (extortion), in which case, the lawyer may be subject to sanction (criminal or civil liability, professional discipline) for making the threat. This consequence has, however, been largely ignored in academic literature. That is unfortunate, for it appears that many lawyers are unaware of the risks negotiation threats present because the risk is not well defined in the professional codes lawyers would normally look to for guidance.
This …
Sighting The Scope Of A Lawyer’S Representation, Douglas R. Richmond
Sighting The Scope Of A Lawyer’S Representation, Douglas R. Richmond
St. Mary's Journal on Legal Malpractice & Ethics
Clients engage lawyers for many reasons. Regardless of the circumstances, however, the lawyer and the client need to agree on the scope of the lawyer’s representation, meaning the legal services the lawyer will perform for the client. The client must agree to and understand the scope of the lawyer’s representation as aspects of establishing her objectives for the matter and thereafter evaluating whether the lawyer is achieving those objectives. The client must also understand the scope of the representation to be able to decide whether the matter’s potential expense justifies its pursuit and to gauge the reasonableness of the lawyer’s …
Integrating Doctrine & Diversity Speaker Series: Executive Power In The Classroom: Addressing Project 2025 And Executive Orders In The Law School Curriculum 04-09-2025, Roger Williams University School Of Law
Integrating Doctrine & Diversity Speaker Series: Executive Power In The Classroom: Addressing Project 2025 And Executive Orders In The Law School Curriculum 04-09-2025, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Media Access And The First Amendment's Romantic Tradition, Merle W. Loper
Media Access And The First Amendment's Romantic Tradition, Merle W. Loper
Maine Law Review
Jerome Barron must be regarded as the legal profession's leading advocate of a legally enforceable public right of access to use the communication media-both printed and electronic. This book, above all, is an advocacy of that right and a survey of the need for public access. Professor Barron further discusses certain problems that an access right might raise-such as the allocation of access time and the regulation of offensiveness in broadcasting-and explores various aspects of these problems. As advocacy, the book is much more persuasive of the need for access to the contemporary media than it is of the prospects …
Vol. 68, No. 12 (April 7, 2025)
Cyber And Tech-Based Partner Stalking In Jefferson County, Norah Wulkopf
Cyber And Tech-Based Partner Stalking In Jefferson County, Norah Wulkopf
Undergraduate Theses
Since stalking laws were enacted in the 1990s, they have been historically difficult to enforce. As less and less of our lives become private due to our ever-present devices, stalkers frankly have more access to their targets than ever before. The tenuous nature of stalking laws and the growing resources for stalkers place targets of stalking in a very precarious situation: the legal system has never been adequately equipped to handle stalking cases, and local justice systems do not have the resources to handle tech-based crimes. Through interviews with actors in the criminal justice system, this presentation considers how these …
It’S Time For A Change: A Proposal To Abolish Solitary Confinement From Canadian Prisons, Amy Rico
It’S Time For A Change: A Proposal To Abolish Solitary Confinement From Canadian Prisons, Amy Rico
Bridges: An Undergraduate Journal of Contemporary Connections
Despite Canada’s reputation for being a leader in human rights, its treatment of prisoners requires a closer examination. In particular, prisoner and human rights advocates have widely criticized the use of solitary confinement in Canadian federal and provincial prisons as a form of torture. Solitary confinement imposes excruciating and demeaning conditions on prisoners, jeopardizing their mental and physical welfare. Following court decisions deeming solitary confinement unconstitutional, the federal government replaced the formal use of solitary confinement with structured intervention units. However, these units continue to be a reformulated version of the original practice, sustaining the torturous conditions subjected to inmates. …
Champions For Justice 2025 03-27-2025, Roger Williams University School Of Law
Champions For Justice 2025 03-27-2025, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Roger Williams University Law Review Symposium: Trauma-Informed Lawyering: Approaches To Advocating For Diverse Populations 11-15-2024, Roger Williams University School Of Law
Roger Williams University Law Review Symposium: Trauma-Informed Lawyering: Approaches To Advocating For Diverse Populations 11-15-2024, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Changemakers: Tracy Harper: Juris Doctorate: A Pioneer In The Provision Of Immigration Legal Services 03-2025, Roger Williams University School Of Law
Changemakers: Tracy Harper: Juris Doctorate: A Pioneer In The Provision Of Immigration Legal Services 03-2025, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Killing Kindness: How Law School Honor Codes Miss The Mark On Moral Character, Jordan Stevenson
Killing Kindness: How Law School Honor Codes Miss The Mark On Moral Character, Jordan Stevenson
Legal Writing Competition Winners
Do law schools foster a culture of kindness? This essay argues that law schools’ policies do not adequately address non-academic misconduct, resulting in university policies that fail to promote good moral character. This argument is supported by analyzing a sample of law school student conduct and honor codes, examining anecdotal evidence of law school experiences, and looking at American Bar Association (ABA) regulations. This essay concludes that current honor codes are inconsistent and insufficient and provides suggestions to improve the Model Rules of Professional Conduct, add a Standard for ABA law school regulation, and institute honor codes regarding non-academic misconduct.
Magna Carta And The Origins Of Legislative Power, Matthew Steilen
Magna Carta And The Origins Of Legislative Power, Matthew Steilen
Buffalo Law Review
No abstract provided.
Theorizing The Point-Of-Order Interpretive Canons, Chun Hin Jeffrey Tsoi
Theorizing The Point-Of-Order Interpretive Canons, Chun Hin Jeffrey Tsoi
West Virginia Law Review
In Law Within Congress, Jonathan Gould suggested that rulings of the House or Senate chair under the advice of their respective parliamentarians might inform statutory interpretation. This Article fleshes out the theoretical foundations of that approach. While such approach is much narrower than the broad reliance on Congress’s rules by other theorists of the “process-based” school, it also comes with strong theoretical justifications and advantages that set it apart. Part I illustrates the broad appeal of “process-based” theories by showing that even textualists have strong theoretical reasons to endorse them. Part II then surveys the theoretical advantages specific to the …
Biglaw's Race Problem, Angela Onwuachi-Willig, Anthony V. Alfieri
Biglaw's Race Problem, Angela Onwuachi-Willig, Anthony V. Alfieri
Articles
Ever since the 1970s when BigLaw firms began to hire Black lawyers into their associate ranks, these firms have wrestled with problems in both recruiting and retaining Black associates. During the ensuing decades, BigLaw firms have minimally increased the low numbers of Black attorneys who have become partners, particularly equity partners, within their organizations. Numerous scholars have explored how racial bias and discrimination, both within BigLaw firms and greater society, have contributed to such failures in the recruitment, retention, and promotion of Black lawyers. In his new book The Black Ceiling: How Race Still Matters in the Elite Workplace, Professor …
James Baldwin And What U.S. Governments Owe Every American, Randall K. Johnson
James Baldwin And What U.S. Governments Owe Every American, Randall K. Johnson
Faculty Works
This book review looks at the life, work and impact of James Baldwin, a famous writer and civil rights activist that was born one hundred (100) years ago. It does so, for one of the first times in the field of law, by examining Baldwin’s influence on the legal system. The book review carries out its work by identifying Baldwin’s impacts upon U.S. law: before, during and after his public service career. In the process, this book review describes how governments can build on Baldwin's writings and advocacy work.
Rational Choice Theory: An Evaluation, Camille Liebergen, Troy Terry
Rational Choice Theory: An Evaluation, Camille Liebergen, Troy Terry
SACAD: Scholarly Activities
The Rational Choice Theory is the view that individuals who commit crime behave in a rational way. This theory suggests that criminal behavior is not impulsive, but rather a result of a cost-benefit analysis evaluating the perceived rewards from the act against the potential punishment. It suggests that the criminal justice system can reduce crime by increasing the risks associated with criminal behavior. (Siegel, 101)
The Waiting Is The Hardest Part: The Constitutionality Of Firearm Waiting Periods, F. Lee Francis
The Waiting Is The Hardest Part: The Constitutionality Of Firearm Waiting Periods, F. Lee Francis
Dickinson Law Review (2017-Present)
This Article examines the constitutionality of firearm waiting period laws through the lens of the Supreme Court’s evolving Second Amendment jurisprudence. Although such laws are frequently defended as prudent public safety measures, their validity turns not on legislative purpose but on constitutional principle, particularly as framed in District of Columbia v. Heller and New York State Rifle & Pistol Ass’n v. Bruen.
Under those decisions, the scope of the Second Amendment is determined not by judicial balancing of contemporary interests, but by reference to the Nation’s historical tradition of firearm regulation. The Article surveys that tradition and finds no …
Familial Fairness: Guaranteeing The Right To Counsel For Indigent Parents In Juvenile Dependency Proceedings, Jake Toth
Dickinson Law Review (2017-Present)
Fairness principles enumerated in the seminal case Gideon v. Wainwright stand for the proposition that fundamental fairness and due process require appointment of counsel for indigent litigants. However, this principle has been constrained to criminal contexts. Many other types of litigation are just as impactful as a criminal proceeding, including juvenile dependency proceedings. Nevertheless, indigent parents do not enjoy an unqualified representation right.
This Comment traces the history of the representation right and how it has been treated in a juvenile dependency context, beginning with Gideon itself and examining other cases such as Eldridge and Lassiter. It then examines …
Considering The Child’S Wishes—But How? Allowing Children To Speak In Their Custody Matters, Joshua Hanson
Considering The Child’S Wishes—But How? Allowing Children To Speak In Their Custody Matters, Joshua Hanson
Dickinson Law Review (2017-Present)
In the United States, states universally may consider the child’s wishes when determining their custody placement. While their decision or preference is not binding for the judge, it allows the child meaningful participation in decisions that directly affect them. There are many ways courts can ensure a child’s voice is heard: through an interview with the judge, professional evaluations, child advocates, and even child-inclusive mediation. Yet state laws give judges broad discretion when determining how to weigh the child’s wishes.
This discretion will inevitably leave some children behind without having their voices heard. Allowing children meaningful participation in their custody …
Changemakers : Jeremey Love And Samantha Armstrong : Juris Doctorate : Defending Dreams In Challenging Times, Roger Williams University School Of Law
Changemakers : Jeremey Love And Samantha Armstrong : Juris Doctorate : Defending Dreams In Challenging Times, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Legal Market Decartelization, Milan Markovic, Nuno Garoupa
Legal Market Decartelization, Milan Markovic, Nuno Garoupa
Faculty Scholarship
American lawyers’ grip on the legal market is receding. Scholars and policymakers increasingly agree that the public has little to lose and potentially much to gain from legal market decartelization - the weakening of the lawyers’ monopoly over the legal services market. Harkening to deregulatory initiatives abroad and in Arizona and Utah, reformers contend that removing restrictions on the corporate delivery of legal services and unauthorized practice of law will slash costs and expand access to justice.
Drawing on economic theory and recent market developments, this Article offers a cautionary rejoinder. Understandable concerns about cartelization and lawyer rent-seeking have led …
Artificial Intelligence, Autonomous Creation, And The Future Path Of Copyright Law, Peter K. Yu
Artificial Intelligence, Autonomous Creation, And The Future Path Of Copyright Law, Peter K. Yu
Faculty Scholarship
Most literature at the intersection of copyright and AI has focused primarily on what copyright law is or ought to be. Frequently overlooked is the question of what copyright law will be in the AI space. Understanding this question is crucial because the path of copyright law chosen by the United States will have a major impact on the country's economic and technological future.
This article begins by scrutinizing two lines of arguments that have been advanced to deny copyright protection to AI-generated works: constitutional and incentive-based. The article then discusses a third line of arguments—harmonization-based arguments—and identifies select instances …
Guide To Sec And Business Open Source Corporate Intelligence, Lawrence J. Trautman, Brian Elzweig, Neal F. Newman
Guide To Sec And Business Open Source Corporate Intelligence, Lawrence J. Trautman, Brian Elzweig, Neal F. Newman
Faculty Scholarship
An agency of the U.S. intelligence community observes, "The explosion of open source intelligence (OSINT) in recent years has transformed how governments and people around the world consume and process information about society and global issues." It is likely that "We all use open-source and probably don't even realize it, but we also use it for different reasons. You might use open-source information to do a credibility check and to find out more about the person selling you something on Facebook marketplace." Others "may research someone… met on a dating app or before hiring someone for a job." Every use …