Legal Profession Commons^™

Some Reflections On Dissenting, Kermit V. Lipez

Maine Law Review

In the collegial world of appellate judging, where the dominant impulse is consensus, dissents depart from the norm. If their language is sharp, the dissents may offend colleagues and worry court watchers who expect consensus. These self-assigned opinions also add to the pressures of the work. Given these implications, the choice to dissent should never be a casual one. You must weigh the institutional and personal costs and benefits, understand the purpose of the dissent and the audiences for it, and always be attentive to style and tone. In a haphazard sort of way, I consider these issues when I …

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

Life of the Law School (1993- )

No abstract provided.

Honey, You're No June Cleaver: The Power Of "Dropping Pop" To Persuade, Victoria S. Salzmann

Maine Law Review

Imagine a contentious child-custody hearing in which the husband is testifying about his wife's behavior. If he were to state “she is no June Cleaver,” that testimony would have an immediate impact upon those present. Most people would understand that the husband was making a reference to Mrs. Ward Cleaver, the pearl-clad mother figure from the popular 1950s television show Leave It to Beaver. However, the reference does more than simply call to mind 1950s television. It is a vivid popular-culture allusion that immediately taps into the psyche of anyone familiar with the show. It tells the listener that the …

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.

Leveraging Academic Law Libraries To Expand Access To Justice, Paul Jerome Mclaughlin Jr.

Library Faculty Publications

Academic law libraries are in a unique position to help citizens gain access to the court system and legal information. By creating clinics that focus on helping pro se patrons find and complete legal forms, academic law libraries would not only benefit their schools but also the justice system.

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 …

Justice Blackmun And Preclusion In The State-Federal Context, Karen Nelson Moore

Dickinson Law Review (2017-Present)

No abstract provided.

Our Courts, Ourselves: How The Alternative Dispute Resolution Movement Is Re-Shaping Our Legal System, Deborah R. Hensler

Dickinson Law Review (2017-Present)

Twenty-seven years ago, Professor Frank Sander urged American lawyers and judges to re-imagine the civil courts as a collection of dispute resolution procedures tailored to fit the variety of disputes that parties bring to the justice system. Professor Sander’s vision of the justice system encompassed traditional litigation leading to trial, but his speech at the 1976 Roscoe Pound Conference drew attention to alternatives to traditional dispute resolution that he argued would better serve disputants and society than traditional adversarial processes.

Today, interest in dispute resolution is high. This interest cuts across many domains, ranging from the family, to the schoolyard, …

Affirming Firm Sanctions: The Authority To Sanction Law Firms Under 28 U.S.C. § 1927, Vincent J. Margiotta

Fordham Law Review

A circuit split exists as to whether 28 U.S.C. § 1927 allows for an award of sanctions against nonattorneys or nonrepresentatives. Five federal courts of appeals—the Second, Third, Eighth, Eleventh, and the District of Columbia Circuits—hold that, to further the purpose of 28 U.S.C. § 1927, courts have the authority to sanction a law firm for the conduct of its attorneys, in addition to the authority to sanction individual officers of the court. The Sixth, Seventh, and Ninth Circuits disagree, concluding that the statute allows federal courts to sanction only individuals—“attorney[s] or other person[s] admitted to conduct cases in any …

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.

Newroom: Rwu Law Sixth In Nation In Percentage Of Graduates Obtaining State Court Clerkships 6/2/2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Personal Injury Law, Defense V. Plaintiff: A Return To Civility, Daniel Stiffler, Jamie Finizio Bascombe

NSU Law Seminar Series

This particular seminar is designed to educate attorneys on the importance of communicating and navigating a civil case while maintaining a level of professionalism, civility, and integrity to the profession, opposing party, and the court. Learning Outcomes include:

1. How to maintain a level of civility while competently represent clients in civil cases in Florida
2. Review standards of conduct in the context of a lawyer’s responsibility to perceive and protect the image of the profession

The Florida Bar CLE credits - General 2.0, Ethics 0.5 The Florida Bar Certification Credits - Civil Trial 2.0

Newsroom: Goldstein & Horwitz On 38 Studios Records 04-13-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

May It Please The Court?: The Perils Of Correcting A Justice's Pronunciation, James J. Duane

Seton Hall Circuit Review

No abstract provided.

Narratives Of Self-Government In Making The Case, Benjamin L. Berger

The Journal of Appellate Practice and Process

No abstract provided.

Statement On 'Bringing Justice Closer To The People: Examining Ideas For Restructuring The Ninth Circuit', Arthur D. Hellman

Testimony

Congress is once again considering legislation to divide the largest of the federal judicial circuits, the Ninth. On March 16, 2017, a subcommittee of the House Judiciary Committee held a hearing on “Bringing Justice Closer to the People: Examining Ideas for Restructuring the Ninth Circuit.” This statement was submitted for the record of the hearing.

The statement addresses three questions. First, what considerations should Congress take into account in determining whether to restructure the Ninth Circuit? Second, if restructuring is desirable, how should the legislation be drafted? Third, how do pending House bills measure up?

The burden is on those …

15 Years After 9/11: Where We Were, And Where We Are, Khaled A. Beydoun

Tennessee Law Review

No abstract provided.

States Of Torture: Debating The Future Of Coercive Interrogation, John T. Parry

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

A Model Of First Amendment Decision-Making At A Divided Court, Kyle Langvardt

Tennessee Law Review

On First Amendment issues, today's Supreme Court is arguably the most protective in the institution's history. But the apparent libertarian consensus masks a surprisingly deep disagreement about methodology. The Court's Republican Justices prefer an austere, formal approach in which logical conclusions are pursued to the furthest reach. The Court's Democratic Justices, on the other hand, would follow a more complex, contextual approach in which rules and standards are often custom-tailored to narrow factual domains.

This Article models that divide. I demonstrate that the Court's First Amendment case law over the past three decades has conformed to a small set of …

America First: Improving A Recalcitrant Immigration And Refugee Policy, M. Akram Faizer

Tennessee Law Review

This paper will discuss the need for developed and mature democracies, such as the United States, to take in substantially more refugees and economic migrants in view of the demand surge for international migration and the obvious humanitarian imperative. It will then argue that this will not happen under the current paradigm, whereby rich-world democracies that allow refugees and economic migrants to settle fail to take adequate measures to ensure safe repatriation and resettlement to migrants' countries of origin. This failure leads to unconsented permanent residency and subsequent naturalization that fuels a backlash by nativists and social conservatives, as evidenced …

Substantive And Procedural Silence, Erin Sheley

Tennessee Law Review

Empirical work shows that perceptions of the procedural fairness of the criminal justice system turns on whether it gives individuals and communities a "voice," or a forum in which to tell their stories. If the system imposes unwanted silence on a party its legitimacy in the eyes of the public decreases. Despite the extensive literature on the many specific applications of silence in the justice system, no attempt has yet been made to break down the relationship between the victim's silence and the defendant's across the disparate doctrines of criminal law, or the importance of these interconnections to the expressive …

Contents

Tennessee Law Review

No abstract provided.

Manumission For Chimpanzees, Joyce Tischler, Monica Miller, Steven M. Wise, Elizabeth Stein

Tennessee Law Review

No abstract provided.

Foreword: "The Savage Wars Of Peace", Editors Of The Tennessee Law Review

Tennessee Law Review

No abstract provided.

A Crime For All Seasons: 18 U.S.C. § 1001 And Counterterrorism, Jeff Breinholt

Tennessee Law Review

No abstract provided.

United Or Untied: On Confronting Presidential Criminality In The Savage Wars Of Peace, Benjamin G. Davis

Tennessee Law Review

No abstract provided.

Trump And Chinese Exclusion: Contemporary Parallels With Legislative Debates Over The Chinese Exclusion Act Of 1882, Stuart Chinn

Tennessee Law Review

Donald Trump's presidential victory in November has prompted much public commentary about American political dynamics and about the future of American democracy. Given these inquiries, this paper is timely in aiming to reexamine, through a comparative historical lens, one of the most prominent parts of Trump's campaign and one of the biggest points of concern among his critics: Trump's campaign rhetoric on immigration. Trump's own flirtation with racist themes is easy to identify in some of his most notable campaign comments regarding Mexican immigrants and Muslim immigrants. And given that these comments were also directed at immigrant constituencies, equally clear …

The Unreviewable Executive? National Security And The Limits Of Plenary Power, Shawn E. Fields

Tennessee Law Review

No abstract provided.

Firepower To The People! Gun Rights & The Law Of Self-Defense To Curb Police Misconduct, Spear It

Tennessee Law Review

No abstract provided.