Legal Profession Commons^™

Waiting For Justice: Unconstitutional Delays In The Appointment Of Criminal Defense Counsel, Eve Brensike Primus

Michigan Law Review

The Constitution guarantees a right to counsel in criminal cases, but indigent criminal defendants are commonly left to languish in jail without legal representation for weeks, months, or even years before counsel is appointed to represent them. These delays are not isolated anomalies. They are systemic features of indigent defense delivery in many states, and the judiciary has begun to intervene. Courts in Maine, Massachusetts, Missouri, and Oregon have recently declared these delays unconstitutional and are ordering defendants released, dismissing charges, and imposing structural remedies to address these systemic failures.

This Article examines and synthesizes this emerging body of case …

Big Law’S Prisoner’S Dilemma: The Race To The Bottom In Legal Recruitment, Nicholas M. Kriak

University of Miami Business Law Review

The acceleration of Big Law’s recruitment timeline has transformed entry into the legal profession into a collective-action crisis, a modern Prisoner’s Dilemma in which each law firm acts rationally to recruit earlier, yet the collective result is an irrational system that harms all stakeholders. As competition intensifies, the profession’s foundation erodes: the process undermines law schools’ educational purpose, pressures students to commit before meaningful development, and yields inefficiencies for law firms and clients alike. What began as a race for the “best and brightest” has devolved into a race to the bottom that rewards pedigree over potential and speed over …

Le Secret Professionnel, Bahige Tabbarah

Proche-Orient, Études juridiques

No abstract provided.

In Memoriam Emile Tyan, Samy Chamas

Proche-Orient, Études juridiques

No abstract provided.

Unlocking Affixes In The Esl Community College Classroom: The Language Of Law, Science, And Technology, Patricia George-Hunter Edd

Journal of English Learner Education

Since vocabulary plays a significant role in second language acquisition, expansive vocabulary targets should be set and pursued. This paper explores the results of introducing affixes to develop vocabulary and increase motivation for beginner to intermediate-level English language learners (ELLs) pursuing academic disciplines in law, science, and technology at a New York City community college. Participants included 23 ELLs with diverse linguistic, educational, and sociocultural backgrounds enrolled in an online synchronous Integrative Language Seminar (ILS) designed to develop all areas of English language proficiency. Pre‑, post‑, delayed tests, questionnaires, and post‑intervention interviews were conducted and analyzed to establish the language …

Business Court Best Practices: Constructive Thoughts On The Challenging Work Of Effective Commercial And Corporate Law Adjudication, Leo E. Strine, Jr.

Texas A&M Law Review

A market-based economy governed by the rule of law constitutes part of our traditional freedom as Americans. And that economy’s fair and efficient functioning is important to the economic opportunities and security of all Americans. To aid in that important end, during the last two generations, many American states have attempted, by various means, to create judicial forums, often termed “business courts,” for the efficient and fair resolution of business disputes. Many of these business court initiatives have drawn inspiration from the success of the Delaware Court of Chancery and the Delaware Supreme Court in resolving corporate and commercial disputes …

Closing Remarks, Jelani Jefferson Exum

St. John's Law Review

(Excerpt)

Thank you so much, Judge Bellacosa. Your message is truly inspiring. And it is an honor for us to receive an A+ grade from you!

Let me turn it back to you, our alumni judges. I am so glad you could join us tonight and allow us to recognize your professional achievements. And of course, with so many potential employers in the room, I can’t help myself . . . . Many of you hire 1L interns and clerks. I encourage all of you to take on our amazing students and give them an opportunity of a lifetime to …

Keynote Address, The Honorable Joseph William Bellacosa

St. John's Law Review

(Excerpt)

First things first, thank you for the convocation, Judge Edwards, for the very kind introduction, Judge Vyskocil, for the table setting menu from Cardozo Professor John Barrett, and especially to you, Dean Jelani Jefferson Exum, for your kind invitation to be part of this special program honoring judicial alumni of our alma mater. And a hearty congratulations to our alma mater and all of us judicial alumni on the 100th Anniversary celebration.

Dean, I recall that you encouraged me to participate tonight, a special privilege, with a thoughtful request for “brief remarks.”

Introducing The Honorable Joseph William Bellacosa, The Honorable Mary Kay Vyskocil

St. John's Law Review

(Excerpt)

Good evening, I am Mary Kay Vyskocil, class of 1983, now a judge in the Southern District of New York.

I am a very proud alumna of St. John’s Law School and am so humbled to be with this impressive gathering of alumni who have served our state and our country as members of the judiciary. The law school provided all of us with the sound legal foundation we needed to handle the important work of the judiciary and I, for one, am very grateful for the education I received at the law school, the friends I made while …

Continued: Celebrating Alumni In The Judiciary, Jelani Jefferson Exum

St. John's Law Review

(Excerpt)

Thank you, John. I now have the honor of introducing the Honorable Mary Kay Vyskocil, class of 1983, former President of the St. John’s Law Alumni Association Board of Directors, and co-founder of its Manhattan Chapter.

Honorable Mary Kay Vyskocil serves as a United States District Judge for the Southern District of New York, a position she has held since December 20, 2019. Prior to her promotion to the district court, Judge Vyskocil served as a United States Bankruptcy Judge for the same district from 2016 to 2019.

Alumni In The Judiciary, John Q. Barrett

St. John's Law Review

(Excerpt)

Good evening, friends. Happy 100th birthday. Thank you for being here. And thank you for all that you do for St. John’s University School of Law, including making us so proud.

I will begin by repeating what I just said about why we are here tonight. We are here in our school’s centennial year to celebrate all of you, plus all other alumni, who have served or do serve as judges.

You might not realize that judges played a central role in St. John’s Law’s founding.

Continued: Celebrating Alumni In The Judiciary, Jelani Jefferson Exum

St. John's Law Review

(Excerpt)

Thank you, Judge. It is now my privilege to introduce Professor John Q. Barrett, the Benjamin N. Cardozo Professor of Law. Professor Barrett is a nationally recognized scholar of Constitutional Law, Criminal Procedure, and Legal History. He is also the Elizabeth S. Lenna Fellow at the Robert H. Jackson Center, where his work focuses on Justice Robert Jackson’s legacy and the Nuremberg Trials.

Opening Remarks: Celebrating Alumni In The Judiciary, Jelani Jefferson Exum

St. John's Law Review

(Excerpt)

Good evening and welcome! I am deeply honored to address such a distinguished group of alumni, our alumni who serve as judges— perhaps the most important role a lawyer can have. Law professors may argue with that, but I think tonight we can let the judges have it!

But, seriously—today, perhaps more than ever, we recognize how profoundly judges—especially those who graduated from St. John’s Law—shape our profession with distinction and unwavering integrity. Your excellence on the bench—your courtroom presence, your thoughtful judgments and opinions, and your steadfast dedication to St. John’s Law—all reflect tremendously upon our law school …

الإصلاح الإداري, جورج شقير

Proche-Orient, Études juridiques

No abstract provided.

Constitutions, The State And Law In Republican Venezuela (1830-2025), Rogelio Pérez-Perdomo

Latin American & Caribbean Law Review

This panoramic article poses the question of the relation between the state, the constitution and the law in Venezuelan republican history. In the 19th century, Venezuela became independent, congresses approved constitutions that organized the national state, comprehensive legal codes and legislation were produced and the universities developed legal studies and produced a small number of lawyers. Nevertheless, the law had little impact on a turbulent and impoverished country, and lawyers mainly found occupation in the state and political system. In the 20th century, Venezuela constructed a powerful state that pacified the country that created conditions for a relatively prosperous economy. …

Reimagining The Path Forward: Preparing And Promoting The Next Generation Of Arbitrators Through Innovative Mentorship, Disclosure, And Transparency, Homer C. La Rue

Pepperdine Dispute Resolution Law Journal

The article addresses a pivotal moment for the labor-management arbitration profession. As demographic changes and the growing complexity of labor relations coincide with a decline in the number of qualified arbitration professionals, Professor La Rue emphasizes the critical role senior arbitrators play as mentors and gatekeepers for the next generation. The piece explores mentorship models, including the traditional “Legacy Method” and initiatives designed to expand opportunities for underrepresented groups, such as the Ray Corollary Initiative. The article also offers actionable recommendations to advance disclosure and transparency, including: (1) reducing barriers to entry for new arbitrators; (2) establishing a formal mentorship …

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

Book Review Of The Lawyer Nation: The Past, Present, And Future Of The American Legal Profession, Jennifer A. Gundlach

Journal of Legal Education

No abstract provided.

Closing Symposium Remarks: Reflections On A Legacy That Endures, Jelani Jefferson Exum

St. John's Law Review

(Excerpt)

I am back again, but this time, to give my closing remarks and to reflect on this extraordinary day. I think that is a fitting word for it. I want to take a moment to reflect on our experience together and to celebrate the enduring power and purpose of scholarship at St. John’s Law. This has been a wonderful opportunity to hear from our faculty, to engage with one another, and to witness the profound ways in which scholarship shapes the law, the academy, and society.

On Being A Scholar And A Teacher In Polarized Times, Michael A. Simons

St. John's Law Review

(Excerpt)

There’s an old expression, sometimes attributed to a Chinese curse, that says “May you live in interesting times.” That expression is very much in the air these days. One hundred years after the founding of our law school, it feels like we are in not just “interesting” but unprecedented times.

Perhaps every era feels unprecedented, but right now our country seems acutely polarized, our legal system seems to be under great stress, and fundamental assumptions we’ve held about the Rule of Law seem to be eroding. And then, to add to that, the assassination of Charlie Kirk and the …

Opening Symposium Remarks: Celebrating 100 Years Of Scholarly Impact At St. John’S Law, Jelani Jefferson Exum

St. John's Law Review

(Excerpt)

Good morning, everyone. It is both an honor and a joy to open today’s symposium—Impact That Endures: Celebrating the Past, Present, and Future of St. John’s Law Faculty Scholarship.

As we gather in this centennial year of St. John’s Law, we have the opportunity to reflect not only on our history but also on our identity. So that means thinking about who we have been, who we are, and then also, who we aspire to be.

Extending Legal Privilege To In-House Counsel In India, L Viswanathan, Animesh Bisht

National Law School of India Review

Client-attorney privilege is a cornerstone of the rule of law, yet its extension to in-house counsel in India remains fraught with uncertainty. The Supreme Court’s recent decision in In re: Summoning Advocates who give legal opinion or represent parties during investigation of cases and related issues, Suo Moto Writ Petition (Criminal) No. 2 of 2025, reinforced a status-based exclusion, holding that in-house counsel fall outside the definition of “Advocate” under the Advocates Act, 1961 and the Bar Council of India Rules, and therefore cannot claim privilege under the Bharatiya Sakshya Adhiniyam, 2023. This paper examines the Indian statutory framework and …

Betschart V. Oregon: A Seven-Day Standard For Maine, Henry Gates

Maine Law Review

Maine lacks a clear standard for ensuring the right to counsel for indigent defendants. The State’s public defense system is struggling to meet Maine’s constitutional mandate: To provide indigent defense services in rural areas and across the state. An aging bar with few new attorneys working in rural areas—where there are often higher relative prosecution rates and a corresponding increased need for legal services—is contributing to the problem. This has resulted in a legal system that negatively impacts rural communities and indigent defendants to the point that one court concluded the state is violating the Sixth Amendment. Following the Ninth …

One Year's Seeding: Looking Back On The Last Seven Years Of Maine's Progress Toward Rural Justice, Christopher Northrop, Seth Main

Maine Law Review

Nationally, the crisis in access to legal services in rural areas continues to grow despite significant attention and efforts to reverse this troubling trend. This Article explores Maine’s efforts to address our legal deserts. The Article’s starting point is a retrospective look at our 2019 national symposium on rural justice and accompanying Maine Law Review issue. We will try to measure successes and failures, while also addressing the significant impact caused by the intervening pandemic. The Article will then shift to an analysis of the current landscape, focusing on the role of the University of Maine School of Law. We …

Legal Deserts Over Time, Cory L. Dodds

Maine Law Review

Legal deserts—counties with exceptionally low attorney availability—shape housing stability, personal safety, health outcomes, and economic security in rural communities. Yet, national scholarship has not yet determined whether attorney scarcity is transient or durable and relies largely on cross-sectional snapshots and population-based headcounts benchmarked to the American Bar Association’s (ABA) threshold of one attorney per 1,000 residents. These measures can obscure temporal dynamics, overstate functional supply, and embed contested normative assumptions about adequacy. This Article offers a national, longitudinal, and definition-sensitive analysis of legal deserts using county-level data from the forty-eight contiguous states at three observation points. Attorney supply is measured …