Legal Ethics and Professional Responsibility Commons^™

Forging Ahead Or Proceeding With Caution; Developing Policy For Generative Artificial Intelligence In Legal Education, Nachman Gutowski, Jeremy W. Hurley

Scholarly Works

Generative Artificial Intelligence is rapidly being integrated into every facet of society, including a growing impact on law schools. It has become abundantly clear that there is a need to develop well-defined governing policies for its use and adoption in legal education. This article offers an introductory analysis of related approaches currently taken in various law schools, exploring the factors influencing these policies and their ethical implication. A comparative review of institutional policies reveals both similarities and unique approaches. Common themes include the need for balance between limited use and outright reliance, as well as the need for transparency and …

Human-Centered Advocacy: Requiring Trauma-Informed Lawyering Through Mandatory Continuing Legal Education, Meghan Sheldon

Roger Williams University Law Review

No abstract provided.

Lex Ex Machina: Forging A New Ethical Framework For Ai And Technology In The Law, Joseph Regalia

Scholarly Works

The rise of generative artificial intelligence (GAI) offers the legal profession a chance to reevaluate and reshape its ethical standards. This article argues that GAI's potential demands a more detailed approach to legal ethics, especially concerning technology use. While current ethics rules provide a general foundation, they do not fully address the unique challenges and opportunities of GAI and similar advanced technologies.

By reviewing historical contexts of legal technology ethics and recent GAI regulations, this article suggests a new model for technology ethics in law. It calls for the inclusion of detailed, flexible standards in ethical guidelines, moving beyond the …

To Free A Predator: The Flawed Rationale For Overturning Bill Cosby’S Conviction, Michael C. Kovac

Dickinson Law Review (2017-Present)

No abstract provided.

Generative Ai And Finding The Law, Paul D. Callister

Faculty Works

Legal information science requires, among other things, principles and theories. The article states six principles or considerations that any discussion of generative AI large language models and their role in finding the law must include. The article concludes that law librarianship will increasingly become legal information science and require new paradigms. In addition to the six principles, the article applies ecological holistic media theory to understand the relationship of the legal community’s cognitive authority, institutions, techné (technology, medium and method), geopolitical factors, and the past and future to understand the changes in this information milieu. The article also explains generative …

The Motherhood Myth, Traditional Firms, And The Underrepresentation Of Women, Paula Schaefer

FIU Law Review

This Article explains that the motherhood narrative—that women are underrepresented in partnership and leadership ranks of law firms because they are their children’s primary caregivers—is a myth. After detailing how the motherhood myth has been used as an excuse for poor retention of women, the Article provides evidence of an alternative explanation: traditional firms—characterized by extreme work expectations and reliance on the unpaid labor of attorneys’ stay-at-home spouses or partners (SAHSs)—are structurally and culturally hostile to women. To thrive in a traditional firm, an attorney needs a SAHS—not just an equal parenting partner as the motherhood myth claims. Traditional firms’ …

Lawyers And The Abuse Of Government Power, Margaret Tarkington

University of Michigan Journal of Law Reform

The legal profession needs to amend the rules of professional conduct to protect our constitutional system of government from those most likely to effectively undermine it: lawyers. The historic federal indictment against President Donald Trump for conspiring to stay in power after losing the 2020 presidential election included five attorney co-conspirators: Rudy Giuliani, John Eastman, Sidney Powell, Jeffrey Clark, and Kenneth Chesebro. Eight lawyers were indicted in Georgia on similar charges.

Lawyers weren’t just involved in Trump’s plot; they devised and enabled it. Rather than accurately advise Trump that he had lost and needed to concede, lawyers crafted a plan …

Promise And Pitfalls Of Ai In Mass Arbitration, Amy J. Schmitz

Cardozo Journal of Conflict Resolution

Mass arbitration has emerged as a strategic response to arbitration clauses that preclude class actions, allowing large numbers of claimants to bring individual arbitration demands against companies for similar grievances. Unlike class actions where a lead claimant represents others, mass arbitration requires each claimant’s active participation in separate proceedings, creating significant administrative burdens and costs. Following a 2011 Supreme Court ruling that solidified mandatory individual arbitration clauses, consumers and employees increasingly turned to mass arbitration filings. While the American Arbitration Association’s rule updates aimed to improve efficiency through measures like one-time initiation fees and process arbitrators, challenges remain in managing …

Precedential Trauma: Integrating Trauma-Informed Judging In Federal Courts Of Appeals Through Opinion Writing, Alison Brochu

Roger Williams University Law Review

No abstract provided.

What Lawyers Could Learn From The Corporate Practice Of Medicine, Melissa D. Mortazavi

Faculty Articles

Proponents of the United States’ domestic experiments in non-lawyer ownership (NLO) of legal practice justify them in terms of increasing “access to justice.” But what if opening ownership of legal practice to investment capital only exacerbates market failures (leading to further consolidation and increased costs to clients), while also compromising professional autonomy and fiduciary duty? The legal profession must be clear-eyed about who are the real winners and losers of such a shift and avoid being blinded by wishful thinking. Prominent legal scholars have repeatedly touted NLO as a solution to the access to justice crisis. However, there is scant …

Addressing Perceived Racial And Ethnic Disparities In Attorney Discipline, Susan Saab Fortney, Heather Zirke

Faculty Scholarship

Perceived racial and ethnic disparities in attorney discipline threaten public confidence in the legal profession’s fairness and equity. This Article explores whether lawyers of color are subject to a disproportionate number of disciplinary actions. It draws on studies that reveal patterns of disparate outcomes tied to factors such as practice setting, representation during proceedings, and decision-maker bias. The authors assess how systemic issues may contribute to these disparities and highlights gaps in research and transparency. To address these challenges, the Article recommends a multi-faceted approach. This includes better collection and analysis of demographic data, procedural reforms to ensure equitable treatment, …

The Perverse Effects Of Mandatory Judicial Reporting To Bar Authorities Of Ineffective Assistance Of Counsel Determinations, Tigran W. Eldred, David M. Siegel

Faculty Scholarship

California Business & Professions Code § 6086.7(a)(2) provides that a court shall notify the State Bar “[w]henever a modification or reversal of a judgment in a judicial proceeding is based in whole or in part on the misconduct, incompetent representation, or willful misrepresentation of an attorney.” Some California judges now interpret this provision as mandating referral to the State Bar in any case in which a new trial or withdrawal of a plea is granted due to ineffective assistance of counsel. This interpretation directly conflicts with an attorney’s continuing duty to her former client. It is unnecessary and has profoundly …

Legislative Speech & Decorum, Sean J. Kealy

Faculty Scholarship

Decorum requires legislators to self-limit their free speech rights as citizens; things that may be said and done in the public square would violate legislative decorum rules. In 2023, two legislatures made headlines by using decorum rules to silence young legislators with minority views. In Tennessee, the House expelled two representatives after they walked into the House well and led protestors in the galleries in several chants demanding the House take up gun control legislation. In Montana, the House excluded a representative from the House Floor after she spoke against a bill to forbid minors access to gender affirming care. …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Voting Matters: Materiality Considerations And The Shareholder Vote, Renee M. Jones

Seattle University Law Review

For the shareholder franchise to have meaning, shareholders must have access to relevant information to inform their voting decisions. The securities laws’ disclosure requirements play an essential role in informing the shareholder vote.

This Essay focuses on the question of the materiality of information in the context of shareholder voting. It addresses the question of whether ESG-related information is material, positioning the materiality inquiry within the context of shareholders’ voting decisions. It explores the definition of materiality with a focus on the “reasonable investor” concept embedded within the definition. The Essay argues that the implicit expectations of many commentators that …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Understanding The Big Three’S Wavering Support Of Environmental And Social Shareholder Proposals, Jeff Schwartz, Jefferson Jensen

Seattle University Law Review

Because of their substantial equity portfolios, BlackRock, Vanguard, and State Street (the Big 3) are central players in corporate governance. It is, therefore, critical to understand how they vote. One puzzle is that their support for shareholder proposals on environmental and social matters appears to waiver. In 2020, for instance, BlackRock supported 11.1% of environmental proposals at S&P 500 firms. In 2021, it seemingly reversed course, supporting 55.2%. It then flipped again, supporting 32.1% in 2022. Such statistics suggest that the Big 3 are constantly changing their views on these topics. This Article seeks to better understand whether this is …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea K. Schneider

Articles

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client's risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …

Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea Kupfer Schneider

Faculty Scholarship

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client's risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …

Cancellation Of Removal For Inadmissible Non-Citizens, Anna Vanbuskirk

Law Student Works

Cancellation of removal is a defensive application for non-citizens in immigration removal proceedings. It is often colloquially referred to as “42B cancellation of removal” based on the form number of the associated application. This Pathfinder research guide provides an overview of cancellation of removal for inadmissible non-citizens. Those who satisfy the criteria in INA § 240A(b)(1) and successfully petition an immigration judge for 42B cancellation of removal are eligible for adjustment of status to lawful permanent residence.

This guide navigates the researcher through an overview of the cancellation of removal criteria and how to find the relevant federal statutes, applicable …

Regulating Compliance Officers, Jennifer M. Pacella

Brooklyn Journal of Corporate, Financial & Commercial Law

Compliance officers are currently an unregulated body and, unlike the legal profession, are not subject to any particular set of professional guidelines that guide their behavior. The lack of a distinct compliance officer profession creates risks relating to heightened potential personal liability and the possibility of merging with another profession that is not exactly compatible with the compliance function. To mitigate these risks, this Article proposes the creation of a professional regulatory system for compliance officers that is industry-specific and self-regulated and discusses the various benefits that would stem from such a system.

Paying For Performance? Attorneys' Fees In Fraud Class Actions, Stephen J. Choi, Jessica M. Erickson, Adam C. Pritchard

Articles

This paper studies whether plaintiffs' lawyers matter in securities class actions. We use inverse propensity score weighting (IPW) to compare the results in cases led by top-tier firms against those brought by lower-tier firms. This technique addresses case selection effects by using all of the cases led by a top-tier firm and then weighting the cases led by lower-tier firms based on how similar these cases are to the cases led by top-tier firms. We do find that top-tier lawyers obtain better outcomes for shareholders in a subset of securities class actions, specifically the cases against the larger (although not …

Law School News: Rwu Receives $750,000 Gift From Hassenfeld Family Foundation To Strengthen Law School's Regional Impact And Reputation 11-13-2024, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

In Re Polo Grounds Area Project I: Lessons From A Forgotten Lawsuit, Robert M. Jarvis

Touro Law Review

In 1961, the City of New York, using its eminent domain power, took title to the famed Polo Grounds. In 1967, in the Polo Grounds Area Project II case, the New York Court of Appeals ordered the City to pay millions of dollars in compensation to the site’s owners. This Article recalls the much more obscure Polo Grounds Area Project I case. Decided in 1964, it represents the opening act in the legal drama set off by the New York Giants’ move to San Francisco. It also provides guidance on three subjects important for practicing lawyers: 1) the correct method …

The Role Of Accountability In Preserving Judicial Independence: Examining The Ethical Infrastructure Of The Federal Judicial Workplace, Susan Saab Fortney

Faculty Scholarship

After news reports of sexual harassment allegations involving federal judges, U.S. Supreme Court Chief Justice John Roberts asked the Director of the Administrative Office of the U.S. Courts to assemble a working group to address concerns related to misconduct in the federal judicial workplace. Following the working group’s report, the judiciary adopted recommendations relating to discrimination and harassment in the federal judiciary. Using the ethical infrastructure framework, this article reviews what changes have been made and what is missing. It explains how the steps taken largely focus on formal aspects of communicating and monitoring standards of conduct. Notably missing are …

Maurer School Of Law Professor, Iu Vice President Elected President Of The American Society Of Comparative Law, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The American Society of Comparative Law has elected Indiana University Maurer School of Law Professor Hannah L. Buxbaum as its next president, the organization announced last week at its annual meeting.

Buxbaum is an internationally recognized scholar in the areas of private international law and international litigation and jurisdiction, and has most recently served as vice president of the ASCL. She is the John E. Schiller Chair in Legal Ethics at the Law School as well as Indiana University’s Vice President for International Affairs.

New York’S Unregulated Litigation Lending Industry, Heather R. Abraham, Maura Graham

Other Scholarship

No abstract provided.

Legislative Ethics: Improper Influence By A Lawmaker On An Administrative Agency, Mark W. Lawrence

Maine Law Review

Moral and ethical dilemmas are inherent in the legislative process. Representative democracy raises a fundamental ethical conflict for lawmakers: choosing between representing constituent views or following personal convictions. Recent moral crises of elected officials have demonstrated the complex, diverse, and problematic nature of political ethics, yet the belief that these guardians of the public trust must successfully distinguish among the subtle distinctions of political ethics remains an integral tenet of American political thought. One of the most perplexing moral dilemmas a legislator faces is deciding what degree of influence can be exerted on an administrative agency to obtain a result …

Solicitation By Lawyers: Piercing The First Amendment Veil, Louise L. Hill

Maine Law Review

Historically, the legal profession has considered the solicitation of business inappropriate. The profession has articulated this condemnation of solicitation, which developed as a principle of good taste among a small and homogeneous group of practitioners, in the form of specific rules prohibiting its members from engaging in certain forms of conduct. In recent years, the United States Supreme Court has considered various rules that restrict the commercial speech of lawyers. Reviewing these proscriptive rules, the Court struck down categorical bans on lawyer advertising and targeted, direct mail solicitation as violative of the first amendment. Because the free flow of information …