Legal Profession Commons^™

Discrimination, Model Rule 8.4(G), And The Aba’S Quixotic Quest For Uniformity, Alex B. Long

Washington and Lee Law Review

Under American Bar Association (“ABA”) Model Rule 8.4(g), it is professional misconduct for a lawyer to engage in conduct related to the practice of law that the lawyer knows, or reasonably should know, is harassment or discrimination on the basis of race and other protected characteristics. Widespread concerns over the breadth and lack of clarity concerning the rule have triggered substantial criticism, including the refusal of multiple states to adopt this model rule. Instead, several states have responded by introducing alternative versions of Model Rule 8.4(g) or by applying older rules of professional conduct in the case of discriminatory speech …

Panel Discussion: So You Want To Publish A Book?, Suzanne Kim, Steven W. Bender, Angela J. Davis, Susan D. Carle, Clara Platter, Katheryn Russell-Brown

Scholarly Articles in Law Reviews & Journals

Reaching wide and varied audiences for our academic work through book publishing served as the focus on this pipeline program panel. Through a dynamic conversation among leaders in book publishing from the academic and editorial sectors, we discussed the nuts and bolts of book publishing.

We are indebted, for this important dialogue, to American University Washington College of Law, NPOC, and all the conference’s co-sponsoring schools. We particularly want to thank Vice Dean Susan Carle of American University Washington College of Law, whose idea it was to host this panel. We were joined by the following expert book authors for …

From The Editors, Robert Dinerstein, Ezra Rosser

Scholarly Articles in Law Reviews & Journals

This issue includes articles, conference transcripts, and book reviews that date to 2019. The woeful delay is solely the result of our own editorial failure, and we wish to apologize on behalf of the Journal to our readers and to the many contributing authors who put their trust in us. Rest assured that procedures have been established to prevent reoccurrence of such unacceptable time lags. But do know that we appreciate having fallen far short of professional standards in this instance.

Panel Discussion: Balancing Scholarship, Teaching And Service To Succeed On The Tenure Track – A Workshop For Pretenure Colleagues And Faculty Aspirants, Brenda Smith

Scholarly Articles in Law Reviews & Journals

In imagining the National People of Color Legal Scholarship Conference, the planning committee brainstormed about the theme of the conference and the scope of panels and opportunities that would capture the breadth and vibrancy of scholarship by faculty of color. An antecedent, however, to that scholarship is the entry, success, and thriving of faculty of color in the academy.

Renewing Our Vows: The Lawyer's Oath And Our Pledge To Democracy, Colin M. Black

Suffolk University Law School Faculty Works

For centuries, lawyers have sworn to an oath as a prerequisite to admission. The oath, barely evolved from their historical roots, represents the guiding commitment lawyers make to democratic principles of honesty, integrity, fairness, and the rule of law. This commitment is in exchange for the power and privilege of belonging to the legal profession. However, the ethical landscape for legal practitioners has evolved, particularly in response to the alarming events of the 2020 U.S. presidential election. These events revealed significant lapses in the judgment and conduct among some lawyers, exposing the need for a recommitment to the democratic principles …

Mental Health Screening In Lawyer Licensing, Grahm Ambrose, Brianne Holland-Sergar, Nora Freeman Engstrom

Faculty Journal Articles & Other Writings

This report examines the role of mental health screening in lawyer licensing, focusing on its evolution, current practices, and criticisms. It highlights concerns that such screening may discourage treatment, perpetuate stigma, and lack empirical support for improving public protection. While many states have shifted from broad inquiries into diagnoses and treatment history toward narrower questions about conduct or impairment, most still retain some form of screening. The report also reviews legal, ethical, and practical challenges, including potential conflicts with disability law. Overall, it concludes that although reforms have reduced intrusiveness, significant debate remains about the necessity and effectiveness of mental …

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

Good Lawyers, Good Sports?: The Professional Identity Of Sports Lawyers Representing Not-For-Profit Entities, Bruce Green

Texas A&M Law Review

ABA accreditation standards require law schools to develop students’ professional identity, including by encouraging “an intentional exploration of” the legal profession’s “values [and] guiding principles.” This Essay invites legal academia as well as practitioners to explore issues of legal ethics, professionalism, and, especially, professional identity in the context of a new area of legal practice: sports lawyers’ representation of “NIL collectives,” which are not-forprofit entities that college boosters establish to enable college athletes to benefit financially from their name, image and likeness (“NIL”). The work of sports lawyers advising NIL collectives offers an interesting case study for considering how professional …

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

Scholarly Works

This Article makes the case 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 a lack of meaningful change, the Article provides evidence of an alternative narrative: “traditional firms” are structurally and culturally antagonistic to women. These firms are characterized by extreme work expectations and heavy reliance on the unpaid labor of stay-at-home spouses (SAHSs). Traditional firms’ dependence upon SAHSs is central to maintaining the firm status quo and driving out women. …

Room To Grow: Exorcising The Curse Of Coverage To Make Room For Professional Identity Formation, Barbara Glesner Fines

Faculty Works

In any conversation about integrating opportunities for professional identity formation into the curriculum, particularly when suggesting that these opportunities be integrated into required doctrinal courses, one will hear an objection that there is no room for these learning activities. Many doctrinal teachers worry that incorporating professional identity formation opportunities or focus into classes would require sacrificing the critical time, doctrinal content, and analytical skills that are the “signature pedagogy” of law schools. Lawyering skills faculty, already managing a broad, feedback-intensive range of learning objectives, may object that their courses are the last place one can find room for one more …

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.

The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin

DePaul Business & Commercial Law Journal

No abstract provided.

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.

The Rule Of Law, The Lawyer’S Role As A Public Citizen, And Professional Identity: How Fostering The Development Of Professional Identity Can Help Law Schools Address The Crisis Facing American Democracy, Kendall Kerew

Mercer Law Review

American democracy is in crisis. The January 6, 2021, attack on the U.S. Capitol must serve as a renewed wake-up call for the legal profession. We can no longer keep our heads down, focused solely or even primarily on serving our clients, without being mindful that what we do every day as lawyers starts and ends with our duty to uphold the rule of law and our system of justice. We must acknowledge that lawyers are the ones who have put democracy at risk. Lawyers are the ones who, in their role as zealous advocates, attempted to overturn the 2020 …

Washington Civil Jury Trials Via Zoom: Perspectives From The Bench, Marisa Pasnick

Washington Law Review

Many professions have felt the impact of the coronavirus (COVID-19) pandemic, including the legal field. At the onset of COVID-19, many courthouses closed and trials halted, but as the pandemic continued, the need to resume judicial proceedings led courts to turn to virtual platforms to conduct civil jury trials. This Comment examines the response of judges in Washington State to the use of Zoom for conducting civil jury trials. Interviews with judges across Washington reveal a stark contrast in opinions among judges in different districts as well as within districts. This Comment answers the question of how judges feel about …

The Lawyer's Duty Of Competence In A Climate-Imperiled World, John C. Dernbach, Irma S. Russell, Matthew Bogoshian

UMKC Law Review

The United States has more than 1.3 million practicing lawyers. Under Model Rule 1.1 of the ABA Model Rules of Professional Conduct and every state’s rules of conduct, each of these lawyers owes clients competent representation. Under the rule, “[c]ompetent representation requires the knowledge, skill, thoroughness and preparation reasonably necessary for the services.” While law and rules will undoubtedly change in response to the climate crisis, the duty of competence does not await such change or legal reform. The ubiquitous nature of the duty of competence means it is applicable to each lawyer now and will continue to evolve as …

Putting The Lawyer First: Framing Well-Being In Law As An Ethical Dilemma, Aric Short

Mercer Law Review

A disturbingly high percentage of our students continue to be unwell. In the most recent and comprehensive survey of law student well-being in 2021, almost 70% of law students responded that, in the past twelve months, they believed they needed to seek help for emotional or mental health problems. Embedded screening tools in the survey suggested that 34% of respondents were clinically depressed and 54% suffered from clinical anxiety. 44% of respondents reported being drunk in the past thirty days, 33% had engaged in binge drinking in the preceding two weeks, and 38% had smoked marijuana in the past twelve …

Reflections On Purpose And Professional Identity Formation, Harmony Decosimo

Mercer Law Review

I am very grateful to Professor Daisy Floyd for starting this important conversation about the role of purpose in professional identity formation, and for inviting me to participate in it. As I know my co-panelists agree, this is an important conversation not simply to us as lawyers, but as humans, trying to help each other figure out how to live good, meaningful lives.

I think what might be most useful in my response to Professor Floyd is to turn at least initially from the theoretical to the personal and practical by offering some insight into my own experience with purpose …

What About Us? How Law Schools Can Help Historically Underrepresented Law Students Develop Their Professional Identities, David A. Grenardo

Mercer Law Review

Talking about race, gender, and sexual orientation can be painful, messy, and difficult. This country’s history of discrimination and violence against historically underrepresented, marginalized, excluded individuals—racial and ethnic minorities, women, LGBTQIA+, those living with disabilities, the socioeconomically disadvantaged/lower class—makes these topics fraught with controversy and risk. We can easily offend someone accidentally when we try to address these topics even with the best of intentions. For example, some people may get nervous trying to figure out whether to use the words African-American, Black, BIPOC, person of color, or all of the above when discussing these topics and referring to someone …

Breaking Down Siloes And Building Up Students: The Transformational Possibilities Of Professional Identity Formation, Lindsey P. Gustafson, Aric K. Short, Robin Thorner

Faculty Scholarship

Under the ABA’s sequenced approach to implementation of Standard 303(b)(3), schools should now have developed plans for providing opportunities for professional identity formation and should be implementing them. These plans must provide students with an “intentional exploration of the values, guiding principles, and well-being practices considered foundational to successful legal practice.” In addition, these plans should provide for frequent opportunities for development, “during each year of law school and in a variety of courses and co-curricular and professional development activities.”

Because Standard 303(b)(3) is necessarily tied to the unique character, existing
structures, and available resources of a law school, each …

Ethical Algorithms: Navigating Ai In Legal Practice For A Just Jurisprudence, Bree'ara Murphy, Rachel Gadra Rankin, Joseph Rios

Law Review Blog Posts

Exploring the professional obligations practitioners may face in light of developing AI technology by examining state and federal model rule language, current judicial treatment of AI, and AI best practices.

Generative Artificial Intelligence And The Practice Of Law: Impact, Opportunities, And Risks, John Villasenor

Minnesota Journal of Law, Science & Technology

No abstract provided.

Beyond “Hard” Skills: Teaching Outward- And Inward-Facing Character-Based Skills To 1ls In Light Of Aba Standard 303(B)(3)’S Professional Identity Requirement, Marni Goldstein Caputo, Kathleen Luz

Brooklyn Law Review

Newly adopted American Bar Association Standard 303(b)(3) requires law schools to provide “substantial opportunities to students for . . . the development of professional identity” throughout their three-year legal education. For 1Ls, the ideal place to start this process is in their lawyering skills classrooms, which is our domain at Boston University School of Law. Professional identity exploration necessarily requires students to look inward and outward to reflect upon their own role in the legal system and how they interact with others. In our classrooms, we divide what have been referred to as “soft” skills into two distinct categories—outward-facing and …

Expectation V. Reality: Practical Problems With The Right Of First Refusal As A Defense Against Eminent Domain, Aerin Christensen

BYU Law Review

In the wake of the U.S. Supreme Court’s decision in Kelo v. New London, many states enacted new laws to protect property owners from eminent domain. One possible defense for property owners is a statutory right of first refusal. In theory, this is a common-sense protection that ensures that if property is not needed for a public use, it is returned to the original owner. Unfortunately, in practice a right of first refusal is not always an effective protection for property owners.

The plaintiff’s experience in the Utah case Cardiff Wales, LLC v. Washington County School District demonstrates Utah’s statutory …

A Threshold Assessment: Is Technology Among The Competencies Tested By The Mpre?, Amy A. Emerson

Faculty Publications

No abstract provided.

Use Of Force In Policing: Do Female Police Officers Use Unjustifiable Force As Often As Male Officers?, Carma Dobson

Theses

Use of force (UOF) is a common practice in policing. My study focuses on the disposition of the use of unjustifiable force in policing. Utilization of pre-existing data with 5,771 use of force incidents from the New Orleans, Louisiana police department in the years of 2016-2021 produces an answer to the research question: Do female police officers use unjustifiable force as often as male officers? The chi-square test of independence results in my study indicates that there is no statistical difference between males and females.

Regulating The Public Defender Identity, Irene Oritseweyinmi Joe

Fordham Law Review

The public defender institution has trouble meeting its mission. This is partly because, despite the specific and clear purpose of representing indigent defendants in criminal proceedings, public defender offices rely on various centering principles to meet this objective. The institution falters if it chooses a centering principle that unwittingly complicates its ability to meet the institution’s central mission. For public defender leaders tasked with developing and maintaining an institutional identity for a particular office, neither legal nor professional regulations supply the type of considerations that guarantee that an adopted identity will comply with core institutional responsibilities. This project seeks to …