Legal Profession Commons^™

Represent, Teri Dobbins Baxter

Tennessee Law Review

No abstract provided.

Reflections On Being A Small Part Of The Year Of The Woman, Jamie Ballinger

Tennessee Law Review

No abstract provided.

Are Literary Agents (Really) Fiduciaries?, Jacqueline B. Lipton

Tennessee Law Review

2018 was a big year for "bad agents" in the publishing world. In July, children's literature agent Danielle Smith was exposed for lying to her clients about submissions and publication offers. In December, major literary agency Donadio & Olson, which represented a number of bestselling authors, including Chuck Palahniuk (Fight Club), filed for bankruptcy in the wake of an accounting scandal involving their bookkeeper, Darin Webb. Webb had embezzled over $3 million of client funds. Around the same time, Australian literary agent Selwa Anthony lost a battle in the New South Wales Supreme Court involving royalties she owed to her …

Wannacry, Ransomware, And The Emerging Threat To Corporations, Lawrence J. Trautman, Peter C. Ormerod

Tennessee Law Review

The WannaCry ransomware attack began on May 12, 2017, and is unprecedented in scale-quickly impacting nearly a quarter-million computers in over 150 countries. The WannaCry virus exploits a vulnerability to Microsoft Windows that was originally developed by the U.S. National Security Agency and operates by encrypting a victim's data and demanding payment of a ransom in exchange for data recovery. Security experts have indicated that a North Korea linked group of hackers-who have also been implicated in cyberattacks against Sony Pictures in 2014, the Bangladeshi Central Bank in 2016, and Polish banks in February 2017-is behind the attack.

Ransomware threatens …

And Then There Were Yellow Roses, Penny J. White

Tennessee Law Review

No abstract provided.

From Suffrage To Citizenship: The Battle For Gender Equality At The Citadel, Valorie K. Vojdik

Tennessee Law Review

No abstract provided.

Table Of Cases

Tennessee Law Review

No abstract provided.

She Stands On Her Own, Amongst Many: The Women Of The Tennessee Supreme Court, Bernice B. Donald, Emily T. Brait

Tennessee Law Review

No abstract provided.

Author Index

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

Contents

Tennessee Law Review

No abstract provided.

Sovereign Speech In Troubled Times: Prosecutorial Statements As Extrajudicial Admissions, Amir Shachmurove

Tennessee Law Review

On its face, Federal Rule of Evidence 801(d)(2) is elegantly simple. Distinguishing between neither private persons nor public entities, it renders admissible out-of-court statements made by an agent "authorized to make a statement on the subject" and by an agent or employee "on a matter within the scope of. . . [its] relationship" to the party per subparagraph (C) and (D), respectively. More colloquially, Evidence Rule 801(d)(2)(C) permits the introduction of an authorized representative's statements into a case's evidentiary record, and Evidence Rule 801(d)(2)(D) does the same for statements uttered by certain agents and employees. History partly vindicated the former, …

Foreword: From Suffrage To The Era, Wanda G. Sobieski

Tennessee Law Review

No abstract provided.

Subdivision And Conserved Farmland, Jess R. Phelps

Tennessee Law Review

Limiting subdivision of conserved farmland is often a critical component of an agricultural conservation easement project's design. These restrictions are critical for ensuring that a protected farm remains of sufficient size and scale to continue to be viable for agricultural use. This form of restriction, however, is often undervalued by courts reviewing agricultural conservation easements as being secondary or incidental to the agricultural conservation easement's stated goal of preventing this land from being developed or converted to non-agricultural use. The purpose of this Article is to place subdivision restrictions in their appropriate context and to consider options for increasing their …

One Wotus, Two Potus: The Clean Water Act And The Economic Impact, Brad Finney

Tennessee Law Review

No abstract provided.

Subject Index

Tennessee Law Review

No abstract provided.

Law Or Justice? What Future For The Legal Profession?, William P. Quigley

Intercultural Human Rights Law Review

Is the future of our profession law or justice? There is a lot of law in our profession. There is some charity and some generosity. Justice? Not nearly enough to suggest it is at the core of our profession, our mission, or our future.

Conflicts Of Interest And Law-Firm Structure, Cassandra Burke Robertson

Faculty Publications

Business and law are increasingly practiced on a transnational scale, and law firms are adopting new business structures in order to compete on this global playing field. Over the last decade, global law firms have merged into so-called “mega-brands” or “mega-firms”—that is, associations of national or regional law firms that join together under a single brand worldwide. For law firms, the most common mega-firm structure has been the Swiss verein, though the English “Company Limited by Guarantee” structure is growing in popularity as well, as is the similar “European Economic Interest Grouping.” All of these structures allow related entities to …

Everything From Soup To Nuts: The Full Plate Of Academic Law Library Directorship, Ronald E. Wheeler

Shorter Faculty Works

Inspired by "A Day in My Law Library Life,' Circa 1997," this compilation collects descriptions of a day in the lives of law librarians in 2018. The descriptions provide a current snapshot and historical record of the law library profession, with similarities to, and differences from, the profession of 1997.

Women In Law: A Statistical Review Of The Status Of Women Attorneys In Idaho, Jessica Gunder

Articles

No abstract provided.

When Peer Pressure Is Not Enough: Mandatory Disclosure And Third-Party Funding, Sarah Gilcrest

Arbitration Brief

No abstract provided.

Conquering The Elephant, Wanda Temm

Book Chapters

This chapter in Beyond One L: Stories About Finding Meaning and Making a Difference in Law discusses the bar exam, the challenges and endurance required to pass, the role professors play in preparing their students, and personal stories of attorneys and their myriad journeys conquering this beast.

Beyond One L features stories that explore first, second, and third year experiences as well as stories beyond law school on subjects including taking the bar, searching for judicial clerkships, practicing law, and leaving law practice to become a teacher or judge.

Differing Schools Of Thought: Changing Perceptions Of Oral Argument, Spencer D. Levine

St. Thomas Law Review

In this paper I will examine the changing perceptions of oral argument, as well as examine and review the data provided by the Office of State Courts Administrator ("OSCA") for Florida's appellate courts. Their data summarized the dispositions of all appeals in Florida from 2011 to 2015. The dispositions are separated between those cases disposed by oral argument and those cases disposed without oral argument. From this research, we can observe whether this data comports with the changing perceptions of oral argument. If there is a divergence in views, one may attempt to determine why. Is it rooted in the …

Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement, Adam Briscoe, Björn Arp

Arbitration Brief

No abstract provided.

Could The Benefits Of The Public Service Loan Forgiveness Program Be Retroactively Curtailed?, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

There is a sharp tension between the expectations that hundreds of thousands to millions of persons have or will have regarding their right to have their federal student loan debts forgiven under the Public Service Loan Forgiveness (“PSLF”) program and the legitimate public concerns regarding the large costs and regressive incidence of the PSLF program’s benefits. In 2017, the Trump Administration proposed abolishing the PSLF program for future federal Direct Loans, but this proposal was not adopted. A similar proposal was made in 2019 as part of the Administration’s fiscal 2020 budget proposal, with little chance of adoption. But given …

When Less Is More: The Limitless Potential Of Limited Scope Representation To Increase Access To Justice For Low- To Moderate-Income Individuals, Kristy D'Angelo-Corker

Faculty Scholarship

No abstract provided.

Attorney-Client Privilege And The Kovel Doctrine: Should Wisconsin Extend The Privilege To Communications With Third-Party Consultants?

Marquette Law Review

In today’s marketplace, the way that corporations conduct business is drastically changing, and lawyers are increasingly relying on third-party consultants, such as accountants or investment bankers, to facilitate them in providing accurate legal advice to corporate clients. Despite this reliance, whether the attorney–client privilege protects the communications between an attorney and a third-party consultant is often questioned. In United States v. Kovel, the Second Circuit found that the attorney–client privilege extended to communications between an attorney and a third-party consultant who acted as an interpreter. However, both federal and state courts have since split over the proper scope of the …

Ok, Google, Will Artificial Intelligence Replace Human Lawyering?, Melissa Love Koenig, Julie A. Oseid, Amy Vorenberg

Marquette Law Review

Will Artificial Intelligence (AI) replace human lawyering? The answer is

no. Despite worries that AI is getting so sophisticated that it could take over

the profession, there is little cause for concern. Indeed, the surge of AI in the

legal field has crystalized the real essence of effective lawyering. The lawyer’s

craft goes beyond what AI can do because we listen with empathy to clients’

stories, strategize to find the story that might not be obvious, thoughtfully use

our imagination and judgment to decide which story will appeal to an audience,

and creatively tell those winning stories.

This Article reviews …

When Less Is More: The Limitless Potential Of Limited Scope Representation To Increase Access To Justice For Low- To Moderate-Income Individuals, Kristy D'Angelo-Corker

Marquette Law Review

Both attorneys and judges take an oath to promote justice for all, however,

that is not the case in our current system. The world we live in today looks

incredibly different than it did just a few years ago and, as a result, the practice

of law must adapt to meet the changing needs of individuals in this new era.

Notably, the access to justice problem, specifically affecting low- to moderateincome

individuals, requires a shift in the availability of legal services

provided. Limited scope representation, which has been accepted by the

American Bar Association for 20+ years, where an attorney …

American V. British Rule: The Impact Of James G. Davis Construction Corp. V. Hrgm Corp. On Fee-Shifting Provisions In The Maryland And D.C. Area, Maxwell Terhar

American University Business Law Review

No abstract provided.