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Legal Profession Commons

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2018

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Articles 241 - 270 of 364

Full-Text Articles in Legal Profession

Newsroom: From Farm To School 1-2-2018, Roger Williams University School Of Law Jan 2018

Newsroom: From Farm To School 1-2-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Finding Aid To The Collection Of Francis Snow Hesseltine Materials, Francis Snow Hesseltine, Colby College Special Collections Jan 2018

Finding Aid To The Collection Of Francis Snow Hesseltine Materials, Francis Snow Hesseltine, Colby College Special Collections

Finding Aids

This collection contains correspondence, personal documents, manuscripts, and clippings on Francis Snow Hesseltine, Colby class of 1863, a Lieutenant Colonel of the 13th Maine Infantry during the Civil War who received the Congressional Medal of Honor, and who was later an attorney in Georgia, Massachusetts, and Maine. Francis Snow Hesseltine (Colby Class of 1863) was born in Bangor, Maine on December 10, 1833, son of Peter Heald and Sarah Hamlin (Snow) Hesseltine, and died on Feburary 17, 1916, at age 83. He left Waterville College (now Colby College) in April 1861, to enlist as a private. He was elected Captain …


A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank A. Pasquale Jan 2018

A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


Judicial Appointments In The United States And Australia -- A Comparison, Murray Tobias Qc Jan 2018

Judicial Appointments In The United States And Australia -- A Comparison, Murray Tobias Qc

The University of Notre Dame Australia Law Review

No abstract provided.


Volume 41, Issue 2 (Winter 2018) Jan 2018

Volume 41, Issue 2 (Winter 2018)

Transcript

No abstract provided.


Justice Benjamin Nathan Cardozo And His Two Most Important Questions: Reflections On The Choice Of Tycho Brahe, Randy Lee Jan 2018

Justice Benjamin Nathan Cardozo And His Two Most Important Questions: Reflections On The Choice Of Tycho Brahe, Randy Lee

Touro Law Review

No abstract provided.


The Millennial Job Market: Maintaining Confidence In The Face Of Rejection, Eliza Boles Jan 2018

The Millennial Job Market: Maintaining Confidence In The Face Of Rejection, Eliza Boles

Book Chapters

No abstract provided.


Teaching And Assessing Soft Skills, Sophie M. Sparrow Jan 2018

Teaching And Assessing Soft Skills, Sophie M. Sparrow

Law Faculty Scholarship

[excerpt from article] It is our job as legal educators to put our law graduates in the best position to succeed as new lawyers.1 And to succeed, law graduates must possess certain qualities or character traits that will enable them to thrive within legal organizations.2 Despite many calls for reform in legal education to include more practice-related skills, including professionalism, many law professors teaching doctrinal courses are reluctant to incorporate teaching professional competencies and behaviors.3 They are unwilling to do so even though they have long decried students’ lack of professional skills.4 Professors complain that students show up late for …


Reclaiming The Intellectual, Emily Houh Jan 2018

Reclaiming The Intellectual, Emily Houh

Faculty Articles and Other Publications

I was invited to deliver the September 2017 Dean's Lecture, on which this essay is based, in March of 2017, shortly after the inauguration of Donald J. Trump as the 45th president of the United States. I had originally planned to present on one of my longstanding research areas, the intersections of contract law and critical race theory, but as the spring wore on, I began to feel an urgency about using my expertise to comment more directly on the increasingly overt but trenchant race, gender, sex, and class inequalities and conflicts that have plagued our nation for centuries.

Yet, …


The Lottery Docket, Daniel Epps, William Ortman Jan 2018

The Lottery Docket, Daniel Epps, William Ortman

Law Faculty Research Publications

No abstract provided.


The Millennial Job Market: Maintaining Confidence In The Face Of Rejection, Eliza Boles Jan 2018

The Millennial Job Market: Maintaining Confidence In The Face Of Rejection, Eliza Boles

Law Library Faculty Scholarship

Published as a chapter in Millennial Leadership in Libraries edited by Ashley Krenelka Chase.


Contents Jan 2018

Contents

Tennessee Law Review

No abstract provided.


Debunking The Ncaa's Myth That Amateurism Conforms With Antitrust Law: A Legal And Statistical Analysis, Thomas A. Baker Iii, Marc Edelman, Nicholas M. Watanabe Jan 2018

Debunking The Ncaa's Myth That Amateurism Conforms With Antitrust Law: A Legal And Statistical Analysis, Thomas A. Baker Iii, Marc Edelman, Nicholas M. Watanabe

Tennessee Law Review

This article provides the first detailed study to show that paying college football players does not decrease fan interest in watching college football-substantially debunking the NCAA's myth that amateurism conforms to the requirements of antitrust law. Part I of this article details the history of collegiate sports in the United States and the NCAA's amateurism rules. Part II examines the origins and evolution of the NCAA's procompetitive presumption defense of amateurism; a legal fiction that presumes consumer interest in amateurism justifies a quasi-antitrust exemption for the NCAA's "no pay" rules. Part III sets the framework for our empirical study by …


Faithful Execution: The Persistent Myth Of Widespread Prosecutorial Misconduct, Timothy C. Harker Jan 2018

Faithful Execution: The Persistent Myth Of Widespread Prosecutorial Misconduct, Timothy C. Harker

Tennessee Law Review

Professors, politicians, activists, journalists, and bloggers alike stand ready to denounce prosecutorial misconduct-the more egregious the misconduct, the more vociferous the denunciation, and rightly so. Ordinarily, such public denunciation would have a salubrious effect. Unfortunately, this remedial process has been hijacked by those who insist that prosecutorial misconduct is widespread and has infected all facets of the criminal justice system, to the detriment of defendants and the consternation of the public. Their vitriol precludes a dispassionate evaluation of the criminal justice system generally and prosecutorial misconduct specifically. This article demonstrates that, contrary to expectations, prosecutorial misconduct occurs with reassuring infrequency. …


Restoring Fairness To Campus Sex Tribunals, Cynthia V. Ward Jan 2018

Restoring Fairness To Campus Sex Tribunals, Cynthia V. Ward

Tennessee Law Review

No abstract provided.


Contents Jan 2018

Contents

Tennessee Law Review

No abstract provided.


A Fighting Chance? Small Family Farmers And How Little We Know, Jamey Mavis Lowdermilk Jan 2018

A Fighting Chance? Small Family Farmers And How Little We Know, Jamey Mavis Lowdermilk

Tennessee Law Review

No abstract provided.


Tribute To Spenser F. Powell, John L. Sobieski Jr., Marshall Jensen Jan 2018

Tribute To Spenser F. Powell, John L. Sobieski Jr., Marshall Jensen

Tennessee Law Review

No abstract provided.


Backyard Breeding: Regulatory Nuisance, Crime Precursor, Lisa Milot Jan 2018

Backyard Breeding: Regulatory Nuisance, Crime Precursor, Lisa Milot

Tennessee Law Review

No abstract provided.


Contents Jan 2018

Contents

Tennessee Law Review

No abstract provided.


The New Digital Wild West: Regulating The Explosion Of Initial Coin Offerings, Randolph A. Robinson Ii Jan 2018

The New Digital Wild West: Regulating The Explosion Of Initial Coin Offerings, Randolph A. Robinson Ii

Tennessee Law Review

In less than a calendar year, initial coin offerings or "ICOs" have become the fastest growing capital market in the world. In 2016, an entity called The DAO raised $160 million by selling crypto-tokens to over 15,000 individual purchasers around the globe. This massive fund raise would give rise to an entirely new capital ecosystem. In 2017, initial coin offerings would explode, raising a collective $5.1 billion. All of this was done without a single registration being filed with the SEC, and many of these initial coin offerings-including several $100 million raises-were based on little more than a white paper …


Defamation Per Se And Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury, Clay Calvert, Ashton T. Hampton, Austin Vining Jan 2018

Defamation Per Se And Transgender Status: When Macro-Level Value Judgments About Equality Trump Micro-Level Reputational Injury, Clay Calvert, Ashton T. Hampton, Austin Vining

Tennessee Law Review

This Article uses the September 2017 defamation decision in Simmons v. American Media, Inc. as a springboard for examining defamatory meaning and reputational injury. Specifically, it focuses on cases in which judges acknowledge that plaintiffs have suffered reputational harm yet rule for defendants because promoting the cultural value of equality weighs against redress. In Simmons, a normative, axiological judgment-that the law should neither sanction nor ratify prejudicial views about transgender individuals prevailed at the trial court level over a celebrity's ability to recover for alleged reputational harm. Simmons sits at a dangerous intersection: a crossroads where a noble judicial desire …


Big Law Dreams, Pam Jenoff Jan 2018

Big Law Dreams, Pam Jenoff

Florida A & M University Law Review

Upon graduation, law students continue to seek positions with large law firms in record numbers. Graduates are drawn to Big Law for the purported pluses of high compensation; interesting work; extensive training and resources; mobility and prestige. However, a closer examination of the present-day realities reveals that these beliefs may be outdated, overstated, or simply incorrect. Students who make their career choices based on such premises may find themselves trapped in ill-fitting and unsatisfying positions. Moreover, an unyielding focus on Big Law based on faulty assumptions may have costs and consequences for legal education and the provision of legal services. …


Is A Cake Worth A Thousand Words? Masterpiece Cakeshop And The Impact Of Antidiscrimination Laws On The Marketplace Of Ideas, Scott W. Gaylord Jan 2018

Is A Cake Worth A Thousand Words? Masterpiece Cakeshop And The Impact Of Antidiscrimination Laws On The Marketplace Of Ideas, Scott W. Gaylord

Tennessee Law Review

All laws discriminate. Some discriminate in ways that are innocuous (like driving on the right side of the road). Others result in discrimination that is invidious (like segregation laws). And still others, like public accommodations laws, are meant to preclude discrimination against certain groups of individuals. Such antidiscrimination laws also discriminate, but they generally do so against offensive or undesirable conduct, which is unprotected under the Constitution. But what happens when antidiscrimination laws are applied to the expression of individuals or for-profit businesses? In particular, what happens when a state attempts to require a for-profit business to design and create …


The Emerging Intersection Of Products Liability, Cybersecurity, And Autonomous Vehicles, Ryan J. Duplechin Jan 2018

The Emerging Intersection Of Products Liability, Cybersecurity, And Autonomous Vehicles, Ryan J. Duplechin

Tennessee Law Review

No abstract provided.


Cycling, Safety, And Victim-Blaming: Toward A Coherent Public Policy For Bicycling In 21st Century America, David Pimentel Jan 2018

Cycling, Safety, And Victim-Blaming: Toward A Coherent Public Policy For Bicycling In 21st Century America, David Pimentel

Tennessee Law Review

No abstract provided.


Author Index Jan 2018

Author Index

Tennessee Law Review

No abstract provided.


"Sign Or Die!": The Threat Of Imminent Physical Harm And The Doctrine Of Duress In Contract Law, Daniel P. O'Gorman Jan 2018

"Sign Or Die!": The Threat Of Imminent Physical Harm And The Doctrine Of Duress In Contract Law, Daniel P. O'Gorman

Tennessee Law Review

No abstract provided.


Rethinking An Undue Burden: Whole Woman's Healths New Approach To Fundamental Rights, Mary Ziegler Jan 2018

Rethinking An Undue Burden: Whole Woman's Healths New Approach To Fundamental Rights, Mary Ziegler

Tennessee Law Review

No abstract provided.


Tribute To Professor Jonathan G. Rohr, Michael J. Higdon, Sarah E. Guthrie Jan 2018

Tribute To Professor Jonathan G. Rohr, Michael J. Higdon, Sarah E. Guthrie

Tennessee Law Review

No abstract provided.