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Full-Text Articles in Legal Profession

What's Love Got To Do With It?: Contemporary Lessons On Lawyerly Advocacy From The Preacher Martin Luther King, Jr., Deborah J. Cantrell Jan 2010

What's Love Got To Do With It?: Contemporary Lessons On Lawyerly Advocacy From The Preacher Martin Luther King, Jr., Deborah J. Cantrell

Publications

Lawyers have long been inspired by the advocacy work of Martin Luther King, Jr. From his work on the Montgomery bus boycott, to lunch counter sit-ins, to his March on Washington, Dr. King demonstrated skilled advocacy that resulted in important legal advancements. While lawyers give primacy to Dr. King as an advocate, Dr. King gave primacy to his work as a preacher. This article challenges the legal profession to consider the ways in which Dr. King, the preacher, may be as inspirational and instructive as Dr. King, the civil rights icon. Just as Dr. King's religious values were not abstracted …


Reproducing Gender On Law School Faculties, Ann C. Mcginley Mar 2009

Reproducing Gender On Law School Faculties, Ann C. Mcginley

BYU Law Review

No abstract provided.


Saul Alinsky And The Litigation Campaign To Win The Right To Same-Sex Marriage, 42 J. Marshall L. Rev. 643 (2009), Gerald N. Rosenberg Jan 2009

Saul Alinsky And The Litigation Campaign To Win The Right To Same-Sex Marriage, 42 J. Marshall L. Rev. 643 (2009), Gerald N. Rosenberg

UIC Law Review

No abstract provided.


Lawyers And The Power Of Community: The Story Of South Ardmore, 42 J. Marshall L. Rev. 595 (2009), Corey S. Shdaimah Jan 2009

Lawyers And The Power Of Community: The Story Of South Ardmore, 42 J. Marshall L. Rev. 595 (2009), Corey S. Shdaimah

UIC Law Review

No abstract provided.


The Anatomy Of A "Pantsuit": Performance, Proxy And Presence For Women Of Color In Legal Education, Deleso Alford Washington Jan 2009

The Anatomy Of A "Pantsuit": Performance, Proxy And Presence For Women Of Color In Legal Education, Deleso Alford Washington

Journal Publications

This essay is intended to begin a dialogue on how the presence of women of color standing at the intersection of gender, race and class can don a pantsuit or not and still experience under-discussed social realities that influence the attainment of 21st Century leadership roles in the legal academy.


United States V. Leveto, Jennifer Steward Jan 2009

United States V. Leveto, Jennifer Steward

NYLS Law Review

No abstract provided.


Reflections On Recommendation 12, Naiomi Metallic Jan 2009

Reflections On Recommendation 12, Naiomi Metallic

Reports & Public Policy Documents

This article focuses on the Marshall Commission Report’s specific recommendation for increased representation of racialized persons within the judiciary.


The Disabled Lawyers Have Arrived; Have They Been Welcomed With Open Arms Into The Profession? An Empirical Study Of The Disabled Lawyer, Donald H. Stone Jan 2009

The Disabled Lawyers Have Arrived; Have They Been Welcomed With Open Arms Into The Profession? An Empirical Study Of The Disabled Lawyer, Donald H. Stone

All Faculty Scholarship

This Article proceeds in seven parts. Part I briefly outlines the ADA's position on reasonable accommodations. Part II addresses how law firms are reacting and responding to the fact that they employ lawyers with mood disorders, such as depression or bipolar disorder, attorneys with learning disabilities, and individuals with alcohol or drug addiction. What disabilities are most often represented? Are lawyers with disabilities apt to receive work modifications to accommodate their disability? Are attorneys with mental illness provided with less stressful case assignments? Are lawyers with substance use disorders and alcohol or drug addiction assigned co-counsel to monitor or offer …


Race, Identity, And Professional Responsibility: Why Legal Services Organizations Need African American Staff Attorneys, Shani M. King Oct 2008

Race, Identity, And Professional Responsibility: Why Legal Services Organizations Need African American Staff Attorneys, Shani M. King

UF Law Faculty Publications

Given the fundamental importance of the attorney-client relationship in securing favorable outcomes for clients, legal services organizations that serve large populations of African Americans should employ African American staff attorneys because: (1) African American lawyers and clients share a group identity that makes it more likely that a black attorney will be able to gain a black client's trust; (2) black attorneys communicate more effectively with black clients; and (3) the perception of a judicial system that is unfair and racist is likely to encourage black clients to trust black lawyers more than white lawyers, who are more likely to …


Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List?, Ediberto Roman, Christopher B. Carbot Oct 2008

Freeriders And Diversity In The Legal Academy: A New Dirty Dozen List?, Ediberto Roman, Christopher B. Carbot

Indiana Law Journal

Symposium: Latinos and Latinas at the Epicenter of Contemporary Legal Discourses. Indiana University School of Law-Bloomington, March 2007.


Enhancing The Pipeline Of Diverse K-I2 And College Students To Law School: The Hnba Multi-Tier Mentoring Program 1870–1900, Charles R. Calleros Sep 2008

Enhancing The Pipeline Of Diverse K-I2 And College Students To Law School: The Hnba Multi-Tier Mentoring Program 1870–1900, Charles R. Calleros

Journal of Legal Education

No abstract provided.


Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood Jan 2008

Implementing A New City Charter: Thoughts On My Tenure As Corporation Counsel In A Time Of Transition, O. Peter Sherwood

NYLS Law Review

No abstract provided.


The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty Jan 2008

The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty

NYLS Law Review

No abstract provided.


The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo Jan 2008

The New York City Corporation Counsel: The Best Legal Job In America, Michael A. Cardozo

NYLS Law Review

No abstract provided.


Brain, Gender, Law: A Cautionary Tale, Carlin Meyer Jan 2008

Brain, Gender, Law: A Cautionary Tale, Carlin Meyer

NYLS Law Review

No abstract provided.


Not All Lawyers Are Equal: Difficulties That Plague Women And Women Of Color, Theresa M. Beiner Jan 2008

Not All Lawyers Are Equal: Difficulties That Plague Women And Women Of Color, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.


Surfing Past The Pall Of Orthodoxy: Why The First Amendment Virtually Guarantees Online Law School Graduates Will Breach The Aba Accreditation Barrier, Nicholas C. Dranias Jan 2007

Surfing Past The Pall Of Orthodoxy: Why The First Amendment Virtually Guarantees Online Law School Graduates Will Breach The Aba Accreditation Barrier, Nicholas C. Dranias

ExpressO

The impact of the constitutional dilemma created by the ABA’s aversion to Internet schooling is widespread. Currently, 18 states and 2 U.S. territories restrict bar exam eligibility to graduates of ABA-accredited law schools. Additionally, 29 states and 1 U.S. territory restrict admission to practice on motion to graduates of ABA-accredited law schools.

Although numerous lawsuits have been filed in ultimately failed efforts to strike down bar admission rules that restrict eligibility to graduates of ABA-accredited law schools, none has challenged the ABA-accreditation requirement based on the First Amendment’s prohibition on media discrimination. This Article makes that case.

Despite accelerating technological …


Truth Matters: A Call For The American Bar Association To Acknowledge Its Past And Make Reparations To African Descendants, Adjoa A. Aiyetoro Jan 2007

Truth Matters: A Call For The American Bar Association To Acknowledge Its Past And Make Reparations To African Descendants, Adjoa A. Aiyetoro

Law Faculty Scholarship

No abstract provided.


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Tough Talk From The Supreme Court On Free Speech: The Illusory Per Se Rule In Garcetti As Further Evidence Of Connick’S Unworkable Employee/Citizen Speech Partition, Sonya K. Bice Sep 2006

Tough Talk From The Supreme Court On Free Speech: The Illusory Per Se Rule In Garcetti As Further Evidence Of Connick’S Unworkable Employee/Citizen Speech Partition, Sonya K. Bice

ExpressO

Garcetti v. Ceballos was intended to clear up an area of First Amendment law so murky that it was the source not only of circuit splits but also of intra-circuit splits—panels from within the same circuit had arrived at opposite results in nearly identical cases. As it turned out, the Supreme Court itself was as splintered as the circuits. Of all the previously argued cases that remained undecided during the Court’s transition involving Justice O’Connor’s retirement and Justice Alito’s confirmation, Garcetti was the only one for which the Court ordered a second argument. This suggested to some that without a …


Searches & The Misunderstood History Of Suspicion & Probable Cause: Part One, Fabio Arcila Sep 2006

Searches & The Misunderstood History Of Suspicion & Probable Cause: Part One, Fabio Arcila

ExpressO

This article, the first of a two-part series, argues that during the Framers’ era many if not most judges believed they could issue search warrants without independently assessing the adequacy of probable cause, and that this view persisted even after the Fourth Amendment became effective. This argument challenges the leading originalist account of the Fourth Amendment, which Professor Thomas Davies published in the Michigan Law Review in 1999.

The focus in this first article is upon an analysis of the common law and how it reflected the Fourth Amendment’s restrictions. Learned treatises in particular, and to a lesser extent a …


Multistable Figures: Sexual Orientation Visibility And Its Effects On The Experiences Of Sexual Minorities In The Courts, Todd Brower Aug 2006

Multistable Figures: Sexual Orientation Visibility And Its Effects On The Experiences Of Sexual Minorities In The Courts, Todd Brower

ExpressO

A multistable figure is a cognitive illusion in which a single drawing contains multiple, competing images. On first viewing a person will see one image, but not the other – it usually requires additional information to trigger the viewer’s awareness of the second image. However, once you know about the disparate figures in the illustration, you cannot erase that knowledge from your mind and see a sole image as you did originally. This inability to ignore information and its effect on subsequent experience has parallels in lesbians’ and gay men’s treatment in the courts.

Courts today are deeply involved in …


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


Paid Family Leave In American Law Schools: Findings And Open Questions, Laura T. Kessler Mar 2006

Paid Family Leave In American Law Schools: Findings And Open Questions, Laura T. Kessler

ExpressO

There exists a substantial literature on the status of women in the legal profession, including studies on women students’ experiences in law schools, gender bias on law school faculties, and family leave policies and practices among legal employers. However, no recent study examines the family leave policies and practices in American law schools. This study seeks to fill that gap. Its findings are threefold. First, almost three quarters of law schools provide wage replacement during a family leave that is more generous than required by federal law. Second, there is a positive relationship between teaching at top-tier and private law …


What's In A Name?: Cause Lawyers As Conceptual Category, Corey S. Shdaimah Jan 2006

What's In A Name?: Cause Lawyers As Conceptual Category, Corey S. Shdaimah

ExpressO

Stuart Scheingold's and Austin Sarat's "Something to Believe In: Politics, Professionalism, and Cause Lawyering," (Stanford University Press, December 2004) draws on a decade of empirical and theoretical work on cause lawyering. Scheingold’s and Sarat’s law and society scholarship contributes to our knowledge of lawyering, the law, work with clients and social movements, and the interplay between what Ewick and Silbey have called "legality" and the social world. Their cross-disciplinary work makes a significant contribution to the social sciences as well as to the field of legal studies. This review examines the utility of cause lawyering as a concept that contributes …


Revisiting "The Need For Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers?, H. Timothy Lovelace Jr. Jan 2006

Revisiting "The Need For Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers?, H. Timothy Lovelace Jr.

Articles by Maurer Faculty

No abstract provided.


Revisiting "The Need For Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers?, H. Timothy Lovelace Jr. Jan 2006

Revisiting "The Need For Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers?, H. Timothy Lovelace Jr.

Faculty Scholarship

No abstract provided.


Tribute To John Pickering, Elaine R. Jones Nov 2005

Tribute To John Pickering, Elaine R. Jones

Michigan Law Review

This talented, persuasive, committed lawyer-leader, John Pickering, had several abiding personal and professional interests, two of which enhanced my life directly, and most of which enhanced my life indirectly. The first was the great personal interest he took in lawyers younger than himself, and the second was his passion about civil rights and combating the effects of racial discrimination.


Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Counter-Majoritarian Power And Judges' Political Speech, Michael R. Dimino Aug 2005

Counter-Majoritarian Power And Judges' Political Speech, Michael R. Dimino

ExpressO

Canons of ethics restrict judicial campaigning and prohibit sitting judges from engaging in political activity. Only recently, in Republican Party v. White, 536 U.S. 765 (2002), has the Supreme Court addressed the constitutionality of these restrictions, concluding that judicial candidates must be allowed some opportunity to discuss legal and political issues in their campaigns. But White left many questions unanswered about the permissible scope of restrictions on judges’ political activity.

This Article suggests that those questions will be answered not by applying principles of free speech, but by analyzing the opportunities the restrictions provide for independent judicial policy-making. Restrictions on …