Legal Profession Commons^™

From Classroom To Courtroom: Understanding Real Pathways Into Legal Careers, Timothy S. Troxel

Theses/Capstones/Creative Projects

This study examines how legal professionals describe their preparation for legal and law-adjacent careers, with the goal of identifying practical guidance for college students entering the field. Existing literature on legal career preparation often emphasizes measurable qualifications, while offering broad or generalized advice. At the same time, research on career development highlights the importance of experiential learning and mentorship, suggesting a gap between formal guidance and lived experience. To explore this gap, this study conducted interviews with ten legal professionals across a range of roles and experience levels. Participants were asked about their backgrounds, career paths, skill development, and other …

Causes, Effects, And Solutions Of Wrongful Convictions, Allison B. Gobuzzi

Honors Theses

This study examines the wrongful conviction of Anthony Hinton and other examples that illustrate the causes of wrongful convictions in the United States and the effects that wrongful convictions have on the wrongfully accused and their families. This study uses research from scholarly articles and legal cases to analyze the factors that contribute to wrongful convictions and the impact on the wrongfully accused and their families. The research concludes that wrongful convictions are frequently the result of both evidentiary and procedural issues within the criminal justice system.

Gender And Emotional Expression In The Courtroom: Mock Juror Perceptions Of Attorney Effectiveness, Emma Cantrell

Undergraduate Theses

This quantitative study examines how gender and emotional expression influence mock jurors' perceptions of an attorney's courtroom effectiveness. Using mock jurors, this study extends previous research suggesting that assertiveness and emotional displays are evaluated differently by gender. Participants were randomly assigned to view one of four closing statements in a mock burglary trial. The videos were of either a male or a female attorney delivering a passive or an aggressive argument. Participants then evaluated the attorney’s effectiveness across four categories: competence, persuasiveness, ability to instill confidence, and emotionality. Male participants generally rated female attorneys as less effective than female participants …

Successful Psychopathy: Trait Expression, Construct Validity, And Career Differences Among Lawyers, Law Students, And Pre-Law Undergraduate Students, Jessica Rush

Student Theses

Psychopathy is a multidimensional personality construct traditionally studied in offender populations but increasingly recognized in high-functioning, nonclinical groups. This study examined the expression of psychopathic traits—Fearless Dominance, Self-Centered Impulsivity, and Coldheartedness—among legal professionals at various career stages, including pre-law students, law students, and practicing attorneys. Using the Psychopathic Personality Inventory–Revised (PPI-R) alongside validated measures of related constructs (e.g., narcissism, aggression, affect, behavioral activation/inhibition), the study assessed trait distribution, construct validity, and contextual influences in a sample of 82 participants. Results provided partial support for the PPI-R’s construct validity in this population. Total psychopathy and Self-Centered Impulsivity were positively associated with …

Admissions And Outcomes: Evaluating The Predictive Power Of The Lsat And Ugpa, Lindsey Mcmonigal

Political Science Theses and Capstones

Law schools have long relied on Law School Admission Test (LSAT) scores and undergraduate GPAs to predict student success, but the effectiveness and fairness of these metrics remain debated. This study examines whether LSAT scores and UGPA accurately predict bar passage and employment outcomes, analyzing data from the American Bar Association’s Required Disclosures for 197 U.S. law schools. Using statistical methods, including correlation and regression analysis, findings reveal that LSAT scores are a stronger predictor of bar passage than UGPA, while financial aid significantly reduces first-year academic attrition. Additionally, law schools with lower acceptance rates tend to produce better employment …

Attorney Perceptions Of Plea-Bargaining, Sarah K. Edelen

Undergraduate Theses

The purpose of this study is to gain a deeper understanding of how criminal prosecutors and defense attorneys describe the negotiation process of plea-bargains, and the roles and discretion they exercise during it. Additionally, plea-bargaining is not well understood by many members of the public, so this research allows the public to gain insight and knowledge into the process. This study consisted of in-depth, qualitative interviews with both prosecutors and defense attorneys. The results of the study were analyzed through a content analysis. Overall, it was found that the way the plea-bargaining process is described through the existing literature differs …

Cancellation Of Removal For Inadmissible Non-Citizens, Anna Vanbuskirk

Law Student Works

Cancellation of removal is a defensive application for non-citizens in immigration removal proceedings. It is often colloquially referred to as “42B cancellation of removal” based on the form number of the associated application. This Pathfinder research guide provides an overview of cancellation of removal for inadmissible non-citizens. Those who satisfy the criteria in INA § 240A(b)(1) and successfully petition an immigration judge for 42B cancellation of removal are eligible for adjustment of status to lawful permanent residence.

This guide navigates the researcher through an overview of the cancellation of removal criteria and how to find the relevant federal statutes, applicable …

Egypt’S Legal Modernism: Challenging The National Discourse, Mohamed A. El-Deeb

Theses and Dissertations

Egypt’s legal modernity is the story of the modern Egyptian state itself. Reforming the country’s judiciary in the late nineteenth century was meant to achieve ambitious aims beyond the functionality of a justice system. The utmost goal was the country’s independence from the suzerainty of the Ottoman Empire. The judicial reforms modernized the Egyptian state and built a judiciary and legal community like no other place. Egypt achieved its independent judiciary before gaining its political independence. That was a remarkable achievement of the judicial reform. That rich part of Egypt’s modern history is negated and disregarded from public awareness. Not …

Ethics In Law And The Effects On Mental Health: An Interview Study, Kaitlyn Nyffeler

Theses/Capstones/Creative Projects

On August 2, 1983, The American Bar Association Model Rules of Professional Conduct were adopted by the House of Delegates. This set of rules provides legal professionals with the guidance needed to uphold the rule of law and to preserve justice. In this set of rules, lawyers learn the duties of confidentiality, client relations, diligence, and the overall conduct owed to the courts. Furthermore, these duties can be demanding and oftentimes challenging. Therefore, this study examined the different ethical rules as they apply to lawyers and how these demands can impact their mental health. Interviews were conducted with six lawyers …

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.

A Guide To Emtala, Kaylee Jacobson

Law Student Works

This Pathfinder research guide provides an overview of the Emergency Medical Treatment and Labor Act (EMTALA). This guide is intended for both attorneys in the field and hospital compliance departments. It is essential for attorneys to understand both the requirements of an EMTALA claim and the circuit splits on interpretation. Hospital compliance departments have an interest in understanding EMTALA for preventative and response measures.

This guide walks the researcher through a brief background on EMTALA and how to research the federal statute using primary, secondary, and news-based sources. The goal is to equip them with the necessary tools to perform …

The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix

Theses and Dissertations

The (hi)stories of international law have strengthened the tentacles of coloniality in the legal regime as they continue to taunt the precarious lifeworlds of people, our planet and social imaginaries of an otherwise. The flow of coloniality has similarly rematerialized in decolonial legal theories and the postcolonial historiographical accounts of international law. I intend to demonstrate this colonial revival in the groundbreaking text of Antony Anghie Imperialism, Sovereignty and the Creation of International Law (2005) which challenged the (hi)stories of traditional jurisprudence. The latter was not necessarily a rejection nor negation of Western thought, because I argue that postcolonial historiography …

Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros

Theses and Dissertations

The topic of the paper is very important, as it comes up at a time when the Egyptians have come to a point that reforming Egypt’s justice system is a hopeless case. This is due to the outdated and inefficient way of thinking and performing in the judiciary. Thus the goal of this paper is to make an intellectual contribution to a sustainable reform program of the Egyptian judiciary and namely the systems of judicial appointment and judicial training using their roles as agents of progress and development. This aspiring research argues that the Higher Council of Judicial Entities and …

Lawyers That (Say They) Listen: An Exploratory Study Into Law Firms With Listening Specific Branding, Kacey Henriques

Honors Theses

The following investigation attempts to explore the communication dynamics between law firms and their clients. As shown in this research, clients tend to make note of poor communication skills, specifically listening skills, when they interact with attorneys. In an attempt to appeal to clients who have had negative interactions in respect to listening, several law firms across the country are utilizing branding that stresses their strengths in listening (what I term listening specific branding). In the investigation to come, three law firms are analyzed that utilize this type of branding. Additionally, three law firms that specialize in similar areas of …

Out Of Sight, Out Of Mind: Analyzing Inhumane Practices In Mississippi’S Correctional Institutions Due To Overcrowding, Understaffing, And Diminished Funding, Ariel A. Williams

Honors Theses

The purpose of this research is to examine the political, social, and economic factors which have led to inhumane conditions in Mississippi’s correctional facilities. Several methods were employed, including a comparison of the historical and current methods of funding, staffing, and rehabilitating prisoners based on literature reviews. State-sponsored reports from various departments and the legislature were analyzed to provide insight into budgetary restrictions and political will to allocate funds. Statistical surveys and data were reviewed to determine how overcrowding and understaffing negatively affect administrative capacity and prisoners’ mental and physical well-being. Ultimately, it may be concluded that Mississippi has high …

Neither Force Nor Will, But Merely Judgement: Becoming A Supreme Court Justice, Dajé M. Brinson

Criminology Student Work

No abstract provided.

Mindfulness For Legal Professionals: An Appeal For Positive Change, Dianna Mejia

Mindfulness Studies Theses

Recent studies and reports address growing concerns about high rates of chronic stress, depression, and substance use by lawyers and law students. The National Task Force on Lawyer Well-Being identified the practice of law as a profession that is struggling and urged leaders to act now to improve the state of mental health and well-being of legal professionals. Among the recommendations in the 2017 report, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change, the National Task Force included mindfulness as a practice to address the psychological and psychosomatic disorders permeating the legal profession. The National Task Force urged …

College Students’ Perceptions Of Law Enforcement And Legal Careers, Courtney Alley

Undergraduate Honors Theses

Recent events have given attention to the public perception of criminal justice field in the United States. Although there has been much political debate about problems in the criminal justice field, attention should be turned to the prospective employees who will soon be seeking out these debates: college students seeking to enter the criminal justice field. The current study did that through survey data obtained from 112 students enrolled in criminal justice courses at East Tennessee State University during the Fall 2020 semester. Analysis revealed much about student interest in various criminal justice occupations, their perceived ability to perform the …

Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor

Theses and Dissertations--Political Science

This dissertation explores whether and how the re-election prospects faced by trial court judges in many American states influence criminal justice policy, specifically, state levels of incarceration, as well as the disparity in rates of incarceration for Whites and Blacks. Do states where trial court judges must worry about facing reelection tend to encourage judicial behavior that results in higher incarceration rates? And are levels of incarceration and racial disparities in the states influenced by the proportion of the state publics who want more punitive policies? These are clearly important questions because they speak directly to several normative and empirical …

A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler

Undergraduate Theses

This analysis of 21 opening statements probes at current persuasive practices employed by trial attorneys through the lens of mainstream legal advice and an expanded definition of rhetorical invention – one which includes both discovery and creation. An evaluation of such practice reveals the utility, and furthermore the duty of the advocate, to draw upon an expanded realm of available arguments.

Mentoring: Attitudes And Perceptions Of New Lawyers, Mindy Thomas Fulks

Electronic Theses and Dissertations

Tennessee does not have a formal state-wide required mentoring program for Tennessee lawyers. Mentoring programs are available to Tennessee lawyers but no uniform standards exist. It has been suggested that providers of mentoring programs should develop strategies for improving and expanding mentoring experiences for new lawyers. The purpose of this study was to evaluate attitudes towards mentoring by Tennessee lawyers who are within their first 5 years of practice. The researcher sought to identify the perceptions of new lawyers regarding mentoring to better understand mentoring’s role within the legal profession.

The methodology for this study was nonexperimental quantitative survey research. …

Shared Deliberations: Learning From The Voices Of Social Justice Lawyers On Their Aspirations, Challenges And Roles, Ian Head

Dissertations, Theses, and Capstone Projects

Lawyers in the U.S. who attempt to advocate for social justice issues, often on behalf of those communities most targeted by government institutions and oppressive legal systems, have unique perspectives into the challenges of using the law to create transformative change. This thesis examines the voices of over a dozen attorneys fighting not only on behalf of their clients, but also wrestling with how to best use a set of legal tools not meant for dismantling systems of power. Listening to how these legal advocates navigate their roles inside a system of laws created to consolidate rather than distribute power …

Virtual Hearings And Blockchain Technology Solutions In Criminal Law, Chantell Bergquist

Political Science Theses and Capstones

Technology has evolved and raided our personal and professional lives. Although the courts are not immune to the advancement and integration of technology, the courts are not keeping up with relevant technological advancements. Historically, courts have been hesitant to embrace new technologies despite the Federal Rules of Civil Procedure and the American Bar Association Model Rules of Professional Conduct. Rule 1 of the Federal Rules of Civil Procedure creates the right to a “just, speedy, and inexpensive determination of every action and proceeding.” Likewise, the American Bar Association Model Rules of Professional Conduct have determined attorneys must “keep abreast of …

Online Training For Judicial Officers And Court Personnel, Morgan Patten

Master of Education in Instructional Design and Technology Plan II Graduate Projects

The purpose of this project was to create two online, asynchronous courses: one on domestic violence for judicial officers and one on community supervision of sex offenders for probation and parole officers. These courses will be offered to the court community through the Supreme Court of Ohio Judicial College, which is responsible for providing education to judicial officers, court personnel, and others who serve the judiciary.

These courses were developed in consultation with Supreme Court of Ohio staff, judicial officers, and other subject matter experts. These experts evaluated the courses on at least three occasions and provided substantive feedback. Once …

It’S So Hard To Say Goodbye: Why Article Iii Judges Leave (Or Don’T), Johnnie Blakeney Rawlinson

Duke Law Master of Judicial Studies Theses

Thurgood Marshall famously stated: “I was appointed to a life term, and I intend to serve it.” Justice Marshall’s sentiment is in lockstep with the expressed intent of the Founding Fathers, who embedded the concept of life tenure for Article III judges into the Constitution at the time of its adoption. This paper explores the extent to which Article III judges in this era echo the sentiment expressed by Justice Marshall, and the reasons some Article III judges have elected not to serve a life term. The paper also examines whether Article III judges have gravitated toward careers in the …

Technology And Legal Research: What Is Taught And What Is Used In The Practice Of Law, Rebecca Sewanee Trammell

CCAC Theses and Dissertations

Law schools are criticized for graduating students who lack the skills necessary to practice law. Legal research is a foundational ability necessary to support lawyering competency. The American Bar Association (ABA) establishes standards for legal education that include a requirement that each law student receive substantial instruction in legal skills, including legal research. Despite the recognized importance of legal research in legal education, there is no consensus of what to teach as part of a legal research course or even how to teach such a course.

Legal educators struggle to address these issues. The practicing bar and judiciary have expressed …

The Law Comes To Campus: The Evolution And Current Role Of The Office Of The General Counsel On College And University Campuses, Jason A. Block

Theses and Dissertations--Educational Policy Studies and Evaluation

Much has been written in the literature of higher education on the history and current role of presidents, provosts, and deans. However, higher education scholars have, for the most part ignored the role of institutional in-house attorneys on college and university campuses. Those who have written on the subject of institutional counsel have proffered the idea that in-house general counsel offices were established as a result of the increased regulation of higher education by state and federal governments, and litigation resulting from the faculty and student rights movements of the 1960s and 1970s. This project seeks to provide a detailed …

Women Ruling The Bench: Steps To Achieving Gender Parity On State Courts, Cheyenne L. Horien

Political Science Theses and Capstones

Across the United States, each state practices one of several methods of selecting judges to their courts. Many of these processes have not changed for decades and some argue this results in minorities, both gender and racial, receiving fewer spots on the bench. I focus explicitly on the gender aspect of judicial selection: Why are there fewer women judges in some states than in others? Previous literature on this topic is mixed. I analyzed data gathered from the American Judicature Society and other sources. Among the five methods (appointment, combination, merit selection, non-partisan election, partisan election), because of the many …

Creating Political Leaders: Lawyer Stories About Transitioning Into Political Office In Canada, Ralph A. Chatoor

Dissertations

Problem. Sustaining healthy democracies requires citizens to successfully transition from civilian life into political leadership positions. Despite the need for this transition to take place, little is known about the transition. Globally, lawyers are the most represented professional group inpolitics, therefore, a study of their transition acts as a good starting point in understanding the process. This study used the Nicholson Transition Cycle (NTC) to explore the transition of 65 lawyers into Canadian politics.

Method. An exploratory multiple case study approach was used to gather data from face-to-face interviews, phone interviews, public archives, email, and websites. Interviews were transcribed, coded, …

Mocking Equality: Reproduction Of Gender Hierarchy In Collegiate Mock Trial, Lily M. Foss

Scripps Senior Theses

During the information sessions that the Scripps Mock Trial Team hosts at the beginning of the school year for those interested in mock trial, it's customary for all the returning team members to talk about why we decided to join mock trial in college. We had no team at my high school, but at the end of my senior year, my AP American Government teacher decided that having a mock trial in class would give us valuable insight into the American legal system. I was chosen to give the closing statement for the defense, and I found my calling. My …