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Full-Text Articles in Law and Society

Address Of Justice Edward J. Fox Of The Supreme Court Of Pennsylvania, Edward J. Fox Oct 2017

Address Of Justice Edward J. Fox Of The Supreme Court Of Pennsylvania, Edward J. Fox

Dickinson Law Review (2017-Present)

No abstract provided.

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Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport Oct 2017

Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport

Dickinson Law Review (2017-Present)

This essay argues that discussions of educational reform in U.S. law schools have suffered from a fundamental misconception: that the education provided in all of the American Bar Association-accredited schools is roughly the same. A better description of the educational opportunities provided by ABA-accredited law schools would group the schools into three rough clusters: the “elite” law schools, the modal (most frequently occurring) law schools, and the precarious law schools. Because the elite law schools do not need much “reforming,” the better focus of reform would concentrate on the modal and precarious schools; however, both elite and modal law schools …

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Ethics And The “Root Of All Evil” In Nineteenth Century American Law Practice, Michael Hoeflich Oct 2017

Ethics And The “Root Of All Evil” In Nineteenth Century American Law Practice, Michael Hoeflich

St. Mary's Journal on Legal Malpractice & Ethics

This Article discusses the bifurcated notions on the purpose of working as an attorney—whether the purpose is to attain wealth or whether the work in and of itself is the purpose. This Article explores the sentiments held by distinguished and influential nineteenth-century lawyers—particularly David Hoffman and George Sharswood—regarding the legal ethics surrounding attorney’s fees and how money in general is the root of many ethical dilemmas within the arena of legal practice. Through the texts of Hoffman and Sharswood, we find the origins of the ethical rules all American attorneys are subject to in their various jurisdictions.

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Reforming Recusal Rules: Reassessing The Presumption Of Judicial Impartiality In Light Of The Realities Of Judging And Changing The Substance Of Disqualification Standards To Eliminate Cognitive Errors, Melinda A. Marbes Oct 2017

Reforming Recusal Rules: Reassessing The Presumption Of Judicial Impartiality In Light Of The Realities Of Judging And Changing The Substance Of Disqualification Standards To Eliminate Cognitive Errors, Melinda A. Marbes

St. Mary's Journal on Legal Malpractice & Ethics

In recent years, high profile disqualification disputes have caught the attention of the public. In each instance there has been an outcry when a presiding jurist was asked to recuse but declined. Unfortunately, even if the jurist explains his refusal to recuse, the reasons given often are unsatisfying and do little to quell suspicions of bias. Instead, litigants, the press, and the public question whether the jurist actually is unbiased and doubt the impartiality of the judiciary as a whole. This negative reaction to refusals to recuse is caused, at least in part, by politically charged circumstances that cause further …

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Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon Oct 2017

Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon

St. Mary's Journal on Legal Malpractice & Ethics

There has been a shift in consumer behavior over the last several decades. To keep up with the transforming consumer, many professions have changed the way they do business. Yet lawyers continue to deliver services the way they have since the founding of our country. Bar associations and legal ethicists have long debated the idea of allowing lawyers to practice in “alternative business structures,” where lawyers and nonlawyers can co-own and co-manage a business to deliver legal services. This Article argues these types of businesses inhibit lawyers’ ability to provide better legal services to the public and that the legal …

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“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres Oct 2017

“I Am Undocumented And A New Yorker”: Affirmative City Citizenship And New York City’S Idnyc Program, Amy C. Torres

Fordham Law Review

The power to confer legal citizenship status is possessed solely by the federal government. Yet the courts and legal theorists have demonstrated that citizenship encompasses factors beyond legal status, including rights, inclusion, and political participation. As a result, even legal citizens can face barriers to citizenship, broadly understood, due to factors including their race, class, gender, or disability. Given this multidimensionality, the city, as the place where residents carry out the tasks of their daily lives, is a critical space for promoting elements of citizenship. This Note argues that recent city municipal identification-card programs have created a new form of …

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Humanizing The Corporation While Dehumanizing The Individual: The Misuse Of Deferred-Prosecution Agreements In The United States, Andrea Amulic Oct 2017

Humanizing The Corporation While Dehumanizing The Individual: The Misuse Of Deferred-Prosecution Agreements In The United States, Andrea Amulic

Michigan Law Review

American prosecutors routinely offer deferred-prosecution and nonprosecution agreements to corporate defendants, but not to noncorporate defendants. The drafters of the Speedy Trial Act expressly contemplated such agreements, as originally developed for use in cases involving low-level, nonviolent, noncorporate defendants. This Note posits that the almost exclusive use of deferrals in corporate cases is inconsistent with the goal that these agreements initially sought to serve. The Note further argues that this exclusivity can be attributed to prosecutors’ tendency to only consider collateral consequences in corporate cases and not in noncorporate cases. Ultimately, this Note recommends that prosecutors evaluate collateral fallout when …

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Electronic Social Media: Friend Or Foe For Judges, M. Sue Kurita Oct 2017

Electronic Social Media: Friend Or Foe For Judges, M. Sue Kurita

St. Mary's Journal on Legal Malpractice & Ethics

The use of electronic social communication has grown at a phenomenal rate. Facebook, the most popular social networking website, has over 1,968,000,000 users—a number that has exponentially grown since its inception in 2004. The number of judges accessing and using electronic social media (ESM) has also increased. However, unlike the general population, judges must consider constitutional, ethical, technical, and evidentiary implications when they use and access ESM. The First Amendment forbids “abridging the freedom of speech” and protects the expression of personal ideas, positions, and views. However, the American Bar Association’s Model Code of Judicial Conduct and the Texas Code …

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Professional Responsibility Of The Criminal Defense Lawyer Redux: The New Three Hardest Questions, Todd A. Berger Oct 2017

Professional Responsibility Of The Criminal Defense Lawyer Redux: The New Three Hardest Questions, Todd A. Berger

St. Mary's Journal on Legal Malpractice & Ethics

In 1966, Professor Monroe Freedman authored Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions, a work that occupies an important place in the cannon of legal ethics. Freedman believed that the three hardest questions facing a criminal defense attorney relate to whether it is ethical to discredit a truthful witness; whether it is proper to knowingly allow a client to testify falsely; and whether a lawyer may provide a client with legal advice when the lawyer suspects the client may use that advice to commit a crime. Beyond Freedman’s queries there are other important, yet largely unaddressed, …

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Conflicts Of Interest For Former Law Firm Clerks Turned Lawyers, Daniel Haley Oct 2017

Conflicts Of Interest For Former Law Firm Clerks Turned Lawyers, Daniel Haley

St. Mary's Journal on Legal Malpractice & Ethics

There is no consensus for how the legal profession should treat a lawyer who has a conflict that arises from their time working as a law clerk while in law school. The majority of states allow a lawyer to be screened from participation if there is a conflict that arises from work they performed while still in law school. Nonetheless, not all states have adopted the Model Rules, and not all states that have adopted them accept and apply their rules uniformly. Clerkships are beneficial to both the student and the potential employer, and to limit these educational experiences due …

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Left Behind: How The Absence Of A Federal Vacatur Law Disadvantages Survivors Of Human Trafficking, Jessica Emerson, Alison Aminzadeh Oct 2017

Left Behind: How The Absence Of A Federal Vacatur Law Disadvantages Survivors Of Human Trafficking, Jessica Emerson, Alison Aminzadeh

All Faculty Scholarship

After a hamstring injury in October of 2004 forced her to surrender her athletic scholarship at St. John's University, Shamere McKenzie chose to spend her winter break working in order to save the money she needed to pay the remainder of her tuition. In January of 2005, Shamere met a man named Corey Davis, who expressed an interest in dating her. After getting to know him for several weeks, she eventually shared with him the challenges she was having earning the money she needed to continue her enrollment in college. Davis encouraged her to consider exotic dancing as a way …

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Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes Oct 2017

Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …

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Citizen Scientists, Data Transparency, And The Mining Industry, Madison Condon Oct 2017

Citizen Scientists, Data Transparency, And The Mining Industry, Madison Condon

Faculty Scholarship

What happens when a community feels that the standards imposed by state and federal laws are insufficient to protect its health and environment? Or when the responsible government agencies lack the funding, competency, or political will for full enforcement of the law? One of the greatest hurdles facing citizen environmental advocates in these situations is a lack of access to environmental monitoring data. All routes available for policing industry—whether it be rallying community support for protest, petitioning a government agency for enforcement action, or bringing a citizen suit—require, as a first step, an understanding of whether and what pollution has …

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Newsroom: Gutoff, Nixon On Puerto Rico 09-28-2017, Katie Warren, Roger Williams University School Of Law Sep 2017

Newsroom: Gutoff, Nixon On Puerto Rico 09-28-2017, Katie Warren, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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Newsroom: Ap: Margulies On New Travel Ban 09-27-2017, Jill Colvin, Mark Sherman, Roger Williams University School Of Law Sep 2017

Newsroom: Ap: Margulies On New Travel Ban 09-27-2017, Jill Colvin, Mark Sherman, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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Guns On Campus: A Look At The First Year Of Concealed Carry At Texas Universities, Aric K. Short Sep 2017

Guns On Campus: A Look At The First Year Of Concealed Carry At Texas Universities, Aric K. Short

Faculty Scholarship

After years of failed attempts, the Texas Legislature passed "campus carry" in 2015. Under the new law, effective in 2016 for four-year institutions, public universities must allow the concealed carry of handguns by license holders on their premises. Texas's campus carry law is unique when compared to other states that allow concealed carry on college campuses: each university is given the flexibility to create weapons implementation plans, including the establishment of limited gun-free zones. The first year of campus carry implementation by Texas universities has been relatively quiet, with generally uniform implementation rules established by colleges across the state. However, …

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Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School Of Law Sep 2017

Open Source: The Enewsletter Of Rwu Law 09-22-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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Newsroom: From Farm To School 09-21-2017, Jill Rodrigues, Roger Williams University School Of Law Sep 2017

Newsroom: From Farm To School 09-21-2017, Jill Rodrigues, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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Rock, Paper, Scissors... Loot!, Michael Mogill Sep 2017

Rock, Paper, Scissors... Loot!, Michael Mogill

Nevada Law Journal Forum

As teachers, we always try to inspire our students. That inspiration can be kindled in many forums, whether in the classroom, our offices, our communities—or, more rarely, in front of an entire graduating class. This article reflects the remarks I delivered to my students, our graduating class, on such a rare occasion, now several years past. The genesis of my speech, a simple child’s game (one we all know), led me through the reflections I offered to the class of 2014 and now offer to a much larger audience. I began writing these remarks with a question in mind: What …

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Newsroom: Governor Raimondo On Rwu Law 09-19-2017, Roger Williams University School Of Law Sep 2017

Newsroom: Governor Raimondo On Rwu Law 09-19-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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Newsroom: Representing Private Manning 09-18-2017, Edward Fitzpatrick, Roger Williams University School Of Law Sep 2017

Newsroom: Representing Private Manning 09-18-2017, Edward Fitzpatrick, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

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Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman Sep 2017

Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman

Texas A&M Law Review

As an attorney and professor that does not focus on intellectual property law, I was a bit apprehensive about providing a keynote address for a Symposium focusing on “Agriculture, Intellectual Property, and Feeding the World in the 21st Century.” As I thought about this topic, knowing that there were other speakers who would focus more on the IP issues and technical aspects of various topics, I kept coming back to the importance of technology as we worktowards the goal of feeding the world, and the many ways in which innovation plays a role in meeting that goal. It also brought …

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The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn Sep 2017

The Loving Analogy: Race And The Early Same-Sex Marriage Debate, Samuel W D Walburn

The Purdue Historian

In the early same-sex marriage debates advocates and opponents of marriage equality often relied upon comparing mixed-race marriage jurisprudence and the Loving v Virginia decision in order to conceptualize same-sex marriage cases. Liberal commentators relied upon the analogy between the Loving decision in order to carve out space for the protection of same-sex marriage rights. Conservative scholars, however, denounced the equal protection and due process claims that relied on the sameness of race and sexuality as inexact parallels. Finally, queer and black radicals called the goal of marriage equality into question by highlighting the white supremacist and heterosexist nature of …

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Putting The Restroom Debate To Rest: Addressing Title Ix And Equal Protection In G.G. Ex Rel. Grimm V. Gloucester County School Board, Alexandra A. Harriman Sep 2017

Putting The Restroom Debate To Rest: Addressing Title Ix And Equal Protection In G.G. Ex Rel. Grimm V. Gloucester County School Board, Alexandra A. Harriman

Maine Law Review

Courts, legislatures, and citizens have been debating whether transgender students should use the restroom that corresponds to their biological sex, or whether they can choose to use the facilities which align with their gender identity. The Fourth Circuit decided that Title IX required the latter in G.G. ex. rel. Grimm v. Gloucester County School Board, but that didn't settle the issue. To complicate things, the Trump Administration revoked the guidance that the Fourth Circuit had relied on. This Note argues that a court should resolve this once and for all by finding that a school policy that requires students to …

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Yershov V. Gannett: Rethinking The Vppa In The 21st Century, Ariel A. Pardee Sep 2017

Yershov V. Gannett: Rethinking The Vppa In The 21st Century, Ariel A. Pardee

Maine Law Review

Almost anyone with a smartphone can recall a time when an online advertisement followed them from webpage to webpage, or mobile browser to mobile application, or even jumped from a mobile device to a desktop web browser. While some people see it as a harmless—or even helpful—quirk of the online world, others find it creepy and intrusive. In the absence of significant government regulation of online advertising practices, particularly aggrieved individuals have sought relief in the courts by alleging violations of ill-fitting statutes drafted decades ago. This note explores just such a case, Yershov v. Gannett, in which the First …

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The Untold Story Of The Justice Gap: Integrating Poverty Law Into The Law School Curriculum, Vanita S. Snow Sep 2017

The Untold Story Of The Justice Gap: Integrating Poverty Law Into The Law School Curriculum, Vanita S. Snow

Pace Law Review

No abstract provided.

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The Pro Bono Collaborative Project Spotlight 09-06-2017, Roger Williams University School Of Law Sep 2017

The Pro Bono Collaborative Project Spotlight 09-06-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

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Critical Developments In The Vow Of Poverty Area And Update On Unrelated Business, Charles M. Whelan, S.J., Professor Of Law, Fordham Law School; Office Of General Counsel, United States Catholic Conference Sep 2017

Critical Developments In The Vow Of Poverty Area And Update On Unrelated Business, Charles M. Whelan, S.J., Professor Of Law, Fordham Law School; Office Of General Counsel, United States Catholic Conference

The Catholic Lawyer

No abstract provided.

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The Canonical Concept Of Marital Consent: Roman Law Influences, Rev. Joseph N. Perry Sep 2017

The Canonical Concept Of Marital Consent: Roman Law Influences, Rev. Joseph N. Perry

The Catholic Lawyer

No abstract provided.

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Immigrants Benefit The Community And Economy, Jenny Minier Sep 2017

Immigrants Benefit The Community And Economy, Jenny Minier

Center for Equality and Social Justice Position Papers

Immigration has historically been a defining characteristic of the United States, and it remains one of the country’s most significant economic advantages. Deferred Action for Childhood Arrivals (DACA) was implemented by President Obama to grant temporary legal status to undocumented immigrants who were brought to the U.S. as children, as long as they are enrolled in school or working. Given President Trump’s recent comments about ending the DACA program, Congress must work on a policy solution that will allow the nearly 800,000 “Dreamers” currently enrolled in DACA to remain legally in the U.S. There are both moral and economic reasons …

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