Legal Profession Commons^™

Youthful Offenders And The Eighth Amendment Right To Rehabilitation: Limitations On The Punishment Of Juveniles, Martin Gardner

Tennessee Law Review

No abstract provided.

Confusing Patent Eligibility, David O. Taylor

Tennessee Law Review

Patent law-and in particular the law governing patent eligibility-is in a state of crisis. This crisis is one of profound confusion. Confusion exists because the current approach to determining patent eligibility confuses the relevant policies underlying numerous discrete patent law doctrines, and because the current approach lacks administrability. Ironically, the result of all this confusion is seemingly clear. The result seems to be that, when challenged, patent applications and issued patents in certain technology areas probably do not satisfy the requirement of eligibility-at least that is the perception. A resulting concern, therefore, is that the current environment substantially reduces incentives …

Contents

Tennessee Law Review

No abstract provided.

The Ascertainability Landscape And The Modern Affidavit, Jordan Elias

Tennessee Law Review

No abstract provided.

An Econometric Investigation Of The Determinants Of U.S. Supreme Court Decisions, John S. Summers, Michael J. Newman, Michael T. Cliff

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

Accommodating "Religion", Aaron R. Petty

Tennessee Law Review

No abstract provided.

Training Leaders The Very Best Way We Can, George T. "Buck" Lewis, Douglas A. Blaze

Tennessee Law Review

No abstract provided.

The Voleaders Academy And Boundary Spanning Leadership, Sally Parish, Joe Scogin

Tennessee Law Review

No abstract provided.

Professional Formation And The Political Economy Of The American Law School, Louis D. Bilionis

Tennessee Law Review

No abstract provided.

On Balance: Leading By Leaving, Paula Schaefer

Tennessee Law Review

No abstract provided.

Leading Institutional Change: Law Schools And Legal Education In A Time Of Crisis, Donald J. Polden

Tennessee Law Review

No abstract provided.

Uncertainty And Reverse Payments, Ramsi A. Woodcock

Tennessee Law Review

The current approach to "reverse payment" settlements of drug patent litigation seeks to preclude only those settlements guaranteed to harm consumers, rather than all that could harm them. Antitrust tolerates the possibility of harm in order to give firms the freedom to make settlements that might benefit consumers, relative to what courts would achieve under patent law. Antitrust's mission is not, however, to improve upon outcomes under patent law, but rather to prevent harm to consumers. Accordingly, antitrust must minimize the possibility of harm, even if that precludes the chance of gain. I show that a ban on all settlements …

Use Of Expunged Records In Attorney-Disciplinary Proceedings, Roland D. Ramos

St. Mary's Journal on Legal Malpractice & Ethics

The Texas Supreme Court’s decision in In re State Bar of Texas should be modified. In In re State Bar of Texas, the Court allowed the use of a criminal defendant’s expunged records in a subsequent disciplinary proceeding against his attorney. Allowing the use of expunged records for any purpose violates Texas law. For example, under the Texas Code of Criminal Procedure, it is an offense to knowingly release or use expunged records for any reason, unless a court’s final expunction order permits the expunged records to be retained for future use or if a defendant waives his or …

Enhancing Justice Administration In Nigeria Through Information And Communications Technology, 32 J. Marshall J. Info. Tech. & Privacy L. 89 (2016), Halima Doma

UIC John Marshall Journal of Information Technology & Privacy Law

The end of the twentieth century brought about the system of In-formation Communication Technologies (“ICT”) which represents the start of a new era. Communication is faster and more efficient than ever before. As a result, the world is brought closer together. Our means of communication and social interactions have changed dramatically. Due to the technological communication advances, we are no longer tied to our desks to make phone calls or have to travel thousands of miles for meetings. ICT enables us to contact friends, family and business colleagues at the touch of a button whatever the time, wherever the place. …

Transnational Legal Practice [In 2015], Laurel Terry

Faculty Scholarly Works

This 2015 Year-in-Review article continues the tradition of collecting and publicizing the developments that occurred during the year related to transnational legal practice (TLP). This year’s article builds on the work set forth in the 2014 Year-in-Review.

The 2014 TLP Year-in-Review provided a departure from the Year-in-Review’s typical method of presentation by identifying two categories of what that article called “TLP-Nets.” One group of TLP-Nets is nationally based and the other is inherently transnational. The 2014 article identified examples of TLP-Nets and highlighted the meeting points and relationships that facilitate border-crossing for the variety of actors involved in TLP policy-making …

Prepared For Practice? Developing A Comprehensive Assessment Plan For A Law School Professional Skills Program, 50 U.S.F. L. Rev. 245 (2016), Anthony Niedwiecki

UIC Law Open Access Faculty Scholarship

The new ABA Standards and Rules of Procedure for Approval of Law Schools (“ABA Standards”) require law schools to develop and publish learning outcomes that explicitly state what they want their students to be able to do and know upon completion of the law school curriculum. The ABA Standards also require that law schools develop a plan to assess these learning outcomes through course assessment, programmatic assessment,and institutional assessment.In addition to the ABA, regional accreditors of higher education also require that universities and law schools have an extensive learning outcome and assessment plan.These requirements essentially ask schools to …

Baltimore Law Clubs: A Tradition Promoting The Integrity Of The Bar Through Scholarship And Congeniality, Stuart R. Berger, Bryant S. Green

University of Baltimore Law Forum

Since before the civil war, lawyers and judges in Baltimore have had a tendency to organize informal, intimate, and exclusive clubs for the purpose of promoting congeniality and scholarship.1 Although this Anglo-American tradition traces back to as early as the sixteenth century,2 the institution of law clubs in the United States appears to have been a unique, local phenomenon until the 1960s and 1970s.3 Today, this tradition continues in Baltimore City, which currently plays host to no fewer than eight individual law clubs, with many more existing throughout the state. These law clubs offer their members the opportunity to pursue …

Video: The Balancing Act: Managing Work & Life In A 24/7/365 World, Leslie Larkin Cooney, Jaime Tartar, Sarahnell Murphy Esq, Stephen G. Mellor Esq.

NSU Law Seminar Series

Much has been written about the need for attorneys to find time for work, family, and relaxation in their fast-paced and high stress world. This seminar provides an interactive role play and panel discussion among experienced attornies who will share how they manage the competing demands of their clients, their law practice, and their family.

A Lawyer's Journey Of Worker Advocacy And Faith, Ann C. Hodges

Richmond Journal of Law and the Public Interest

A personal narrative exploring the author's journey through the law and her faith to find her passion for advocating for social justice change as a labor advocate.

Gender Bias In The Courtroom: Combating Implicit Bias Against Women Trial Attorneys And Litigators, Connie Lee

Cardozo Journal of Equal Rights & Social Justice

The article examines the persistent gender bias against women trial attorneys and litigators, highlighting the historical roots of this issue, presenting empirical data on its impact, and proposing solutions to address it. It argues that despite progress in gender equality, women remain underrepresented in leadership roles within the legal profession due to both overt and implicit biases.

The Influence Of Algorithms: The Importance Of Tracking Technology As Legal Educators, Brian Sites

Faculty Scholarship

No abstract provided.

Transnational Legal Practice, Laurel Terry

The International Lawyer

No abstract provided.

Golightly & Vannah, Pllc V. Tj Allen, Llc, 132 Nev. Adv. Op. 41 (Jun. 2, 2016), Baylie Hellman

Nevada Supreme Court Summaries

In order for attorneys working on a contingency basis to comply with NRS 18.015’s requirement of perfecting a lien before receiving the funds, the notice of the lien must disclose the agreed upon contingency percentage and also claim court costs and out-of-pocket costs advanced by the attorney in an amount to be determined.

The Good, The Bad, And The Ugly: Reflections Of A Counterclerk, Gil Seinfeld

Michigan Law Review First Impressions

Everyone has strong feelings about Justice Scalia. Lionized by the political right and demonized by the left, he has been among the most polarizing figures in American public life over the course of the last halfcentury. It is hardly surprising, then, that in the weeks since Justice Scalia’s death, the public discourse surrounding his legacy has exhibited something of a split personality. There have, of course, been plenty of appropriately respectful—even admiring—tributes from some of the Justice’s ideological adversaries; and here and there one of the Justice’s champions has acknowledged, with a hint of lament, the acerbic quality of some …

Reasons For Counseling Reasonableness In Deploying Covenants-Not-To-Compete In Technology Firms, Robert W. Gomulkiewicz

Articles

Some states ban the enforcement of employee covenants-not-to-compete (“non-competes”) but most enforce them to the extent they are reasonable. As such, “reasonableness” provides the touchstone for enforceability analysis. The academic literature commenting on the reasonableness of non-competes is large and growing. Scholars usually direct their comments to judges, legislators, and other scholars.

Rarely do they address practicing lawyers. That omission is particularly unfortunate because practicing lawyers, more than judges, legislators, and scholars, can affect whether non-competes work both fairly and effectively. This Article fills that void by providing reasons, directed to practicing lawyers, for deploying non-competes in a reasonable manner. …

When It Comes To Lawyers, Is An Ounce Of Prevention Worth A Pound Of Cure, Laurel Terry

Faculty Scholarly Works

This 3-page blog post addresses the topic of proactive lawyer regulation, which is also known as proactive management-based regulation or PMBR. This blog post reviews Professor Susan Fortney's article entitled "Promoting Public Protection through an “Attorney Integrity” System: Lessons from the Australian Experience with Proactive Regulation System," and summarizes some of the impressive data that Professor Fortney collected in Australia, including her finding that sixty-two percent of the respondents reported that they agreed or strongly agreed with the following statement: the self-assessment process ‘was a learning exercise that enabled our firm to improve client service.’” The article also reports that …

Being Good Lawyers: A Relational Approach To Law Practice, Eli Wald, Russell G. Pearce

Faculty Scholarship

In response to past generations of debates regarding whether law is a business or profession, we advance an alternative approach that rejects the dichotomies of business and profession, or hired gun and wise counselor. Instead, we propose a relational account of law practice. Unlike frameworks grounded in assumptions of atomistic individualism or communitarianism, a relational perspective recognizes that all actors, whether individuals or organizations, have separate identities yet are intrinsically inter-connected and cannot maximize their own good in isolation. Through the lens of relational self-interest, maximizing the good of the individual or business requires consideration of the good of the …

Experiencing Experiential Education: A Faculty-Student Perspective On University Of Tennessee College Of Law’S Adventure In Access To Justice Author, 50 J. Marshall L. Rev. 11 (2016), Robert Blitt, Reece Brassler

UIC Law Review

No abstract provided.

Drinking From A Firehose: Conversation Analysis Of Consultations In A Brief Advice Clinic, Linda F. Smith

Utah Law Faculty Scholarship

This article concerns the important issues of access to justice and practical lawyering skills. Clients are representing themselves in family law matters in ever increasing numbers. Courts, bar groups, nonprofits and law schools have responded by offering “brief advice” clinics. How well these clinics operate can significantly influence the public’s access to justice. This article analyses actual consultations in a brief advice clinic relying upon transcriptions of recordings and using conversation analysis techniques. This analysis demonstrates that the matters brought to the clinic are not “simple” ones where legal representation is not needed. These clients are facing serious problems from …