Legal Profession Commons^™

Discovering E-Discovery: A Resources Guide, Timothy L. Coggins

Law Faculty Publications

E-discovery refers to discovery in civil litigation that focuses on the exchange of information in electronic form. Lainie Crouch Kaiser, a litigation attorney with McDermott Will & Emery, writes that “e-Discovery can be used as an umbrella term for both the legal and operational considerations related to how electronically stored information (ESI) is used in the modern day practice of law.”There are many types of ESI, including e-mail and office documents, voicemail, photos, video, and databases. Attorneys and others who write about e-discovery also include “raw data” as discoverable information. Ronald J. Hedges of Nixon Peabody writes that “[t]echnically, documents …

Salvaging The 2013 Federal Law Clerk Hiring Season, Carl W. Tobias

Law Faculty Publications

Ten years ago, the judiciary instituted the Federal Law Clerk Hiring Plan, an employment system meant to regularize hiring in which most circuit and district court jurists voluntarily participated. Throughout the succeeding decade, this process operated effectively for innumerable trial judges, but functioned less well for appellate jurists. In early 2013, the U.S. Court of Appeals for the District of Columbia Circuit revealed that all its members "will hire law clerks at such times as each individual judge determines to be appropriate," concomitantly explaining "the plan is [apparently] no longer working." With these statements, the D.C. Circuit explicitly acknowledged what …

In Memoriam: Anne Louise Hasselback, Ann Hodges, Kym Osterbind

University of Richmond Law Review

No abstract provided.

Educating New Lawyers, Tara L. Casey

Law Faculty Publications

In this article, the author discusses how law schools have been challenged recently to place greater emphasis on preparing students for the realities of legal practice through skills training and community-based learning.

In Memoriam: Professor John F. Carroll, Iv, Dana D. Mcdaniel, Jim Gibson, Meredith J. Harbach, W. Wade Berryhill

University of Richmond Law Review

No abstract provided.

Cooperation-What Is It And Why Do It?, David J. Waxse

Richmond Journal of Law & Technology

Litigation is a method of resolving disputes that is too costly and time consuming for most parties involved. As a Federal Magistrate Judge involved in case management on a day-to-day basis, I often see evidence of this. I also participated in the 2010 Conference on Civil Litigation held at Duke Law School and sponsored by the Federal Judicial Conference Standing Committee on Rules of Practice and Procedure. The conference explored “the current costs of civil litigation in Federal Court, particularly discovery, and discuss[ed] possible solutions.” As part of the conference, the Federal Judicial Center presented4its research findings on its study …

Tribute To Professor Carroll "John Was Third", James Gibson

Law Faculty Publications

In any law school, there are those of us-most of us, really who like to hear ourselves talk. We think that no conversation is complete until we have voiced our views. But then there are those rare few who do not feel that need, who instead have a talent for picking their moments and crystallizing an issue with a single, insightful observation. That was John Carroll. At a faculty meeting, in a colloquy with a visiting scholar, and of course in the classroom, John could be counted on to say the wise thing at just the right time. His quiet …

What We Didn't See Before, Allison Anna Tait

Law Faculty Publications

The essays in this Issue concentrate on a primary, and crucial, cluster of analytic concerns about the ways in which governments, artists, and architects have chosen to represent the concept of justice.

Why Can't We Be Friends - A Judicial Clerk's Guide To Social Networking, Kate Crowley

Richmond Public Interest Law Review

Synopsis: With the growing popularity of social media, there is an everincreasing chance that attorneys will commit an ethics violation or other lapse of discretion online. This article provides an overview of social networking and provides guidance for how judicial clerks and all attorneys can keep themselves in line when going online.

Why Can't We Be Friends - A Judicial Clerk's Guide To Social Networking, Kate Crowley

Richmond Journal of Law and the Public Interest

Synopsis: With the growing popularity of social media, there is an everincreasing chance that attorneys will commit an ethics violation or other lapse of discretion online. This article provides an overview of social networking and provides guidance for how judicial clerks and all attorneys can keep themselves in line when going online.

Professional Responsibility, James M. Mccauley

University of Richmond Law Review

No abstract provided.

Appellate Law, L. Steven Emmert

University of Richmond Law Review

No abstract provided.

Pining For Sustainability, Timothy M. Mulvaney

University of Richmond Law Review

In the legal academic community, there are significant positive signs demonstrating attention to sustainable practices, from course offerings to many day-to-day operations. Scholarly research also reflects this positive trend. Much of this recent scholarship assesses sustainability-focused regulatory and normative efforts to address the impacts associated with a warming planet in marked detail, and there is an additional plethora of writing on the many topics beyond the changing climate that raise sustainability questions.

Legal Education Prepares Students To Weather Tough Times, Tara L. Casey

Law Faculty Publications

The author discusses how law students are facing a daunting problem—a competitive job market in the midst of an economic recession. But because of the training they receive both inside and outside of the classroom, law students are uniquely poised to weather this storm.

Arbitrariness: Why The Most Important Idea In Administrative Law Can't Be Defined, And What This Means For The Law In General, R. George Wright

University of Richmond Law Review

No abstract provided.

Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover

Richmond Public Interest Law Review

The Health Insurance Portability and Accountability Act of 1996 ("HIPAA ") governs the management of protected health information by covered entities (e.g., health care providers) and their business associates. However, the Health Information Technology for Economic and Clinical Health Act ("HITECH"), contained within the American Recovery and Reinvestment Act of 2009 ("ARRA"), drastically alters the scope of HIPAA regulations with regard to business associates, including law firms that routinely handle the protected health information ("PHI") governed by HIPAA. Under the HITECH Act, the definition of "business associate" is expanded, and these entities are treated as "covered" for purposes of the …

Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover

Richmond Journal of Law and the Public Interest

The Health Insurance Portability and Accountability Act of 1996 ("HIPAA ") governs the management of protected health information by covered entities (e.g., health care providers) and their business associates. However, the Health Information Technology for Economic and Clinical Health Act ("HITECH"), contained within the American Recovery and Reinvestment Act of 2009 ("ARRA"), drastically alters the scope of HIPAA regulations with regard to business associates, including law firms that routinely handle the protected health information ("PHI") governed by HIPAA. Under the HITECH Act, the definition of "business associate" is expanded, and these entities are treated as "covered" for purposes of the …

Partnership Derivative Suits: Jennings V. Kay Jennings Ltd. P'Ship, Patricia Collins Mccullagh

University of Richmond Law Review

No abstract provided.

Superpoked And Served: Service Of Process Via Social Networking Sites, Andriana L. Shultz

University of Richmond Law Review

No abstract provided.

One Person's Junk, Another Person's Treasures: Dissolving A Small Law Book Collection, Gail F. Zwirner

Law Faculty Publications

Decisions to eliminate a book collection occur for various reasons, including retirement, downsizing a home library, or a sweet deal from an online vendor. Law librarians regularly receive inquiries about the purchase or donation of used law books. Many times these calls originate in a law school’s development office after an attorney school seeks his or her law school’s advice on eliminating a significant career investment. An attorney may turn to a law firm librarian for advice as well.

The Feedback Loop, James Gibson

Law Faculty Publications

The author discusses how the "feedback loop" exists in a great many areas of the law. The law frequently derives its content from the everyday practices of those it seeks to regulation.

Beyond The Ivory Tower, John G. Douglass

University of Richmond Law Review

No abstract provided.

Professional Responsibility, James M. Mccauley

University of Richmond Law Review

No abstract provided.

Guarding The Guardians: Judges' Rights And Virginia's Judicial Inquiry And Review Commission, Jeffrey D. Mcmahan Jr.

University of Richmond Law Review

No abstract provided.

Building A Law Firm Library, Joyce Manna Janto

Law Faculty Publications

Opening a law practice is a daunting task. Renting space, equipping an office, and hiring staff are obvious first steps.But what about assembling a library?

The Electronic Workplace, Ann C. Hodges

Law Faculty Publications

The American workplace of the twenty-first century is in the midst of a vast transformation not unlike the Industrial Revolution of the late nineteenth century. The United States has moved from a manufacturing-based economy to a knowledge-based economy. This new era has been variously denominated the Technological Revolution, the Electronic Revolution, or the Digital Revolution. Thomas Friedman has described the transformative change as a flattening of the world. Historians will almost certainly have a name for this monumental change in the economy, which, of course, is affecting not only the United Sttttes but many other countries in the world as …

Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

School Is In Session For Summer Associates, Joyce Manna Janto

Law Faculty Publications

Law students who are starting summer associate positions often need a “reality check.”

Whether these aspiring lawyers are moving from the casual summer employment of their college days, or switching professional fields, they will have to understand and adapt to the culture of a law firm.

New summer associates need to understand the mores of their own firm and the locale’s legal culture, and master practical matters such as the firm’s billing system. Legal research that is “more or less accurate” is not accurate enough, and may be too costly, for a law firm’s clients.

The Rationality Of Law Students' Career Choices, Aaron Haas

Richmond Journal of Law and the Public Interest

Two of the major problems confronting the legal profession today are increasing rates of job dissatisfaction and the persistent problem of encouraging lawyers to work in public interest settings. These two problems are actually connected in an important way. Researchers have found that lawyers earning the highest salaries, typically in large law firms, are also the most dissatisfied with their profession, while lawyers working for government agencies, public interest organizations, and educational institutions are among the most satisfied. In other words, encouraging more law students to enter public service law could address both the problem of unhappiness in the profession …

The Rationality Of Law Students' Career Choices, Aaron Haas

Richmond Public Interest Law Review

Two of the major problems confronting the legal profession today are increasing rates of job dissatisfaction and the persistent problem of encouraging lawyers to work in public interest settings. These two problems are actually connected in an important way. Researchers have found that lawyers earning the highest salaries, typically in large law firms, are also the most dissatisfied with their profession, while lawyers working for government agencies, public interest organizations, and educational institutions are among the most satisfied. In other words, encouraging more law students to enter public service law could address both the problem of unhappiness in the profession …