Legal Profession Commons^™

Keynote Address: Protecting The Pillars Of Our Legal System, Bernard W. Nussbaum

Tennessee Journal of Law and Policy

No abstract provided.

The Role Of The Attorney And The Attorney Client Relationship: The Keys To Improved Public Perception Of Attorneys And The Lexus, Jeanne Marie Zokovitch Paben

Tennessee Journal of Law and Policy

No abstract provided.

Dealing With Excessive Caseloads With Litigation: Panel Two, Mark E. Stephens, Rory Stein, Max Bahner, Cara H. Drinan, Adele Bernhard

Tennessee Journal of Law and Policy

No abstract provided.

Dealing With Excessive Caseloads Without Litigation, Robert Stein, John Terzano, Norman Lefstein, Avis Buchanan, Robert Boruchowitz, Dennis Keefe, James R. Neuhard

Tennessee Journal of Law and Policy

No abstract provided.

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. …

The Futures Of Law, Lawyers, And Law Schools: A Dialogue, Benjamin H. Barton, Sameer M. Ashar, Michael J. Madison, Rachel F. Moran

Scholarly Works

On April 19 and 20, 2023, Professors Bernard Hibbitts and Richard Weisberg convened a conference at the University of Pittsburgh School of Law titled “Disarmed, Distracted, Disconnected, and Distressed: Modern Legal Education and the Unmaking of American Lawyers.” Four speakers concluded the event with a spirited conversation about themes expressed during the proceedings. Distilling a lively two days, they asked: what are the most critical challenges now facing US legal education and, by extension, lawyers and the communities they serve? Their agreements and disagreements were striking, so much so that Professors Hibbitts and Weisberg invited those four to extend their …

Business Lawyer Leadership: Valuing Relationships, Joan Macleod Heminway

Scholarly Works

Business lawyers are surrounded by relationships because of the nature of their work. Businesses are relational; business associations law is relational; business lawyering is relational. Business lawyering, in all its manifestations, is a practice steeped in the lawyer’s awareness and management of, as well as their participation in, the layered sets of relationships found in businesses and business associations law. This article recognizes these important connections between business law practice and relationships. It approaches each of them in turn. The substantial take-away is that a business lawyer can best lead by understanding the inherent value of relationships to business lawyering …

The Case For (And Against) Aba Regulation Of Non-J.D. Programs, Benjamin H. Barton

Scholarly Works

American law schools have pulled out of what looked like a death spiral. From 2008-18 job placement and bar passage cratered and applications and JD enrolment followed. Some law schools found themselves trapped between Scylla and Charybdis – if they did not loosen admissions, they would not have the funds to keep the doors open. But if they loosened admissions too much bar passage and placement suffered, prompting a possible closure via disaccreditation by the ABA (or the DOE).

There are (broadly speaking) two models of profitable higher education in the United States. The first is the old school, classic …

Aba Standard 303(C) And Divisive Concepts Legislation And Policies: Challenges And Opportunities, Sherley Cruz, Becky L. Jacobs, Karen L. Tokarz, Kendall Kerew, Andrew King-Ries, Carwina Weng

Scholarly Works

This article by six clinicians discusses the challenges and opportunities of new ABA Standard 303 (c), including the implications of and interactions between Standard 303(c) and “divisive concepts” laws and other threats to representation, academic freedom, and free speech in legal education. The article also highlights the intersection of Standard 303(c) and Standard 303(b)(3), which addresses professional identity formation; discusses opportunities to adapt current curriculum and teaching and create new curricular responses to meet the new accreditation standards and interpretations; and explores ways to resist increasing limitations and find a supportive academic community to sustain hope and resilience.

Representing Elon Musk, Joan Macleod Heminway

Scholarly Works

What would it be like to represent Elon Musk on business law matters or work with him in representing a business he manages or controls? This article approaches that issue as a function of professional responsibility and practice norms applied in the context of publicly available information about Elon Musk and his business-related escapades. Specifically, the article provides a sketch of Elon Musk and considers that depiction through a professional conduct lens, commenting on the challenges of representing or working with someone with attributes and behaviors substantially like those recognized in Elon Musk.

Ultimately (and perhaps unsurprisingly, for those who …

Tapping Into The Talent Pipeline While Repairing The Leaky Pipe, Michelle M. Kwon

Scholarly Works

Diversity in the legal profession matters. It helps legitimize our legal system, giving everyone confidence that they will be treated fairly. Diverse legal teams make it more likely that the team will understand different perspectives and avoid “group think.” Having diverse groups make, enforce, and interpret laws leads to better outcomes. And yet, the legal profession is one of the least diverse in the country. The vast majority of lawyers are White men even though women constitute half of the population and about 40% of the U.S. population is not White. The percentage of Black lawyers has remained virtually unchanged …

Business Lawyer Leadership: Valuing Relationships, Joan Macleod Heminway

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Preparing Future Lawyers To Draft Contracts And Communicate With Clients In The Era Of Generative Ai, Kristen Wolff

Transactions: The Tennessee Journal of Business Law

No abstract provided.

The Pitch: Teaching Client Impact, Board Governance, And Advocacy, Casey E. Faucon

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Four Ways To Update Personnel Handbooks That Need To Become Part Of Your Annual Reviews, Sherley Cruz

Tennessee Law in the News

No abstract provided.

The Future Of American Legal Tech: Regulation, Culture, Markets, Benjamin H. Barton

Book Chapters

America’s legal technology boom presents a puzzle. On the one hand, America’s market for legal services is among the most tightly regulated in the world, suggesting infertile ground for a legal technology revolution. America has the world’s most robustly protected lawyer monopoly. Its version of the prohibition against the unauthorized practice of law (UPL) is among the broadest and most aggressive in the world because it theoretically bans all non-lawyers from giving any “legal advice” in addition to the more typical bar against filing papers or appearing in court. Likewise, America’s barriers to entering the legal profession are exceedingly high: …

Deborah L. Rhode In Memoriam: Three Stories And Ten Life Lessons, Benjamin H. Barton

Scholarly Works

In this Essay, Professor Benjamin H. Barton offers a heartfelt tribute to the late legal scholar, Professor Deborah L. Rhode. Professor Barton reflects on Rhode’s prolific career, which spanned areas including legal ethics, feminism and women in the law, and lawyers as leaders. He also examines Rhode’s later works, which delved into more personal topics such as character, ambition, and legacy. Through personal anecdotes and life lessons, Professor Barton honors Rhode’s legacy as a model academic, mentor, and transformative force in the legal profession.

Aba Employment Summary Class Of 2023, University Of Tennessee College Of Law

ABA Disclosures

No abstract provided.

Vega V. Tekoh, Elizabeth M. Hudson

Tennessee Law Review

No abstract provided.

Susan Williams's Comments - Panel 1, Susan Williams

Tennessee Law Review

No abstract provided.

Luvernel Clark's Comments - Panel 1, Luvernel Clark

Tennessee Law Review

No abstract provided.

Professor Sherley Cruz's Comments - Panel 2, Sherley Cruz

Tennessee Law Review

No abstract provided.

Fran Ansley's Tennessee Posse For Peace And Justice, Charles Lawrence Iii

Tennessee Law Review

No abstract provided.

Promoting Technological Competency Through Microlearning And Incentivization, Eliza Boles

Scholarly Works

No abstract provided.

Legal Philosophy For Lawyers In The Age Of A Political Supreme Court, Patrick J. Borchers

Tennessee Law Review

Legal Philosophy has long been concerned with the question of what brands a norm as legal, as opposed to a non-legal norm of justice or morality. This central question has occupied the attention of philosophers and lawyers for centuries. Roughly speaking, the Naturalist school contends that legal norms are inextricably intertwined with norms of morality and justice (and in its strongest form contends that law-like pronouncements that are immoral or unjust are not fully laws), while the Positivist school argues that a social construct (often called the Rule of Recognition) brands selected norms as legal, and thus legal norms may …

Jj Rosenbaum's Comments - Panel 2, Jj Rosenbaum

Tennessee Law Review

No abstract provided.

Cecilia Prado's Comments - Phase 2, Cecilia Prado

Tennessee Law Review

No abstract provided.

Dr. Meghan Conley's Comments - Panel 2, Meghan Conley

Tennessee Law Review

No abstract provided.

Professor Muneer Ahmad's Comments - Panel 2, Muneer Ahmad

Tennessee Law Review

No abstract provided.

Afterword

Tennessee Law Review

No abstract provided.