Legal Profession Commons^™

Revisiting Reasonable Cybersecurity, Jeffrey L. Vagle

Cardozo Law Review

Prospective theories of cybersecurity liability have traveled over some well-worn paths over the past three decades, resulting in some successes, but also in at least as many cul-de-sacs and dead ends. Part of this problem can be found in the difficulty and complexity of the subject itself. Courts, legislators, and regulators all face comprehension difficulties when they attempt to fit our existing legal system around cybersecurity, often resulting in half-measures and generalized solutions that are challenging to apply to the widely different technical details behind each case. And in the background, we have a general reluctance to create legal regimes …

We Need To Talk: Modernizing Attorney-Client Jail Communications, Cynthia Alkon

Faculty Scholarship

Attorney-client jail phone calls, video calls, and emails are all routinely recorded and monitored by jails, with numerous examples of jails and private telecommunications providers giving those recordings and emails to law enforcement and prosecutors. This widespread failure to protect the confidentiality of attorney-client communications prevents lawyers from being able to enjoy easy, quick, and regular communications with their clients. In practice, and despite the ever-expanding communication methods in the outside world, those held in jails in this country while their criminal cases are pending are effectively stuck in the nineteenth century when the only way to communicate was in …

Black English For Lawyers: A Primer, L. Alexander Walker Iii

Faculty Scholarship

Lawyers do not know as much about Black English as they should, and people’s freedom hangs in the balance. Differences between language varieties in sounds and grammar can change and have changed the outcome of cases: “He at work” and “He be at work” mean two completely different things. To reduce misinterpretation and therefore wrongful outcomes, this Article provides a primer on the sounds, words, grammar, and social context of Black English targeted directly at legal practitioners. It begins by explaining key concepts in linguistics and making the case for why lawyers must foreground accurate description over normative prescription when …

The Indispensability Of Human Paralegals In The Era Of Advancing Ai, Nicole L. Perry

The Guardianship Journal

The rapid advancement of artificial intelligence (AI) is causing ripples in all areas of life. The legal field is not immune, and concerns about AI replacing legal professionals abound. This manuscript explores the role of paralegals in the legal field from the inception of legal assistants to today and beyond. It examines research on the importance of the human paralegals’ expertise in navigating complex legal processes efficiently and accurately while providing emotional support for clients. This manuscript describes how human paralegals will remain indispensable thanks to their technological capabilities and emotional intelligence. Emphasizing the American Bar Association’s (ABA) mandate on …

P*Law 2025: The Future Of The National Labor Relations Act Under Trump, Center For Public Service Law, Trader Joe's United, Julien, Mirer, Singla & Goldstein, Pllc, Working People’S Law Center

2024–2025 Flyers

A P*LAW 2025 panel on the future of the National Labor Relations Act under Trump, moderated by Jordan Pollack ’27, featuring attorneys from Goldstein & Singla PLLC and worker-organizers from Trader Joe’s United.

Cardozo Law News Brief: January 31, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the January 31, 2025 Cardozo Law News Brief include:

• Students participated in the 42nd Annual ITAP, sharpening their trial skills in an intensive litigation training program.

• Cardozo’s Kukin Program for Conflict Resolution offered hands-on mediation and advocacy experience through intensive dispute resolution courses.

• Professor Peter Markowitz spoke to Fox 5 New York about the importance of NYC’s sanctuary city laws.

• Professor Saurabh Vishnubhakat was quoted in The Guardian and Forbes on TikTok’s legal future under President Trump.

• Professor Jocelyn Getgen Kestenbaum appeared on ABC News to reflect on International Holocaust Remembrance Day and the rise of global …

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P*Law 2025: Public Interest Law Internship Application Workshop, Center For Public Service Law, Public Interest Law Student Association (Pilsa)

2024–2025 Flyers

A Public Interest Law workshop hosted by PILSA on January 29, offering students help with internship application materials like cover letters, résumés, and writing samples.

P*Law 2025: Mentor Mocks - A Joint Production Of Sba And Ocs, Center For Public Service Law, Cardozo Student Bar Association, Cardozo Office Of Career Services, Katten Muchin Rosenman Llp

2024–2025 Flyers

Mentor Mocks, presented by SBA and OCS and sponsored by Katten, offered 1L students the chance to practice interview skills through mock interviews with upper-class students.

P*Law 2025: Access To Housing Justice: Eviction Diversion Programs, Center For Public Service Law, Public Interest Law Student Association (Pilsa), Nathaniel Newman, Julia Leibman

2024–2025 Flyers

A panel discussion on eviction diversion programs and access to housing justice, held on January 28 in Room 1008. The event featured speakers from the National Center for State Courts, Center for Justice Innovation, Urban Justice Center, and Mobilization for Justice. Moderated by Nathenial Newman and Julia Leibman, both Cardozo Law Class of 2027.

P*Law 2025: International Law And Human Rights In Israel And Palestine, Center For Public Service Law, Adil Haque, Samah Sisay, Jamil Dakwar, Gabor Rona

2024–2025 Flyers

No abstract provided.

Mark Need Leading Iu Ventures Fellows Cohort, Including Two Maurer Students, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

An Indiana University Maurer School of Law faculty member will lead—and two of its students participate—in the fourth cohort of IU Ventures, the university’s early-stage venture and angel investment arm.

Mark Need, clinical professor and director of the Law School’s Elmore Entrepreneurship Law Clinic, will lead the 13-student cohort—the largest yet—which includes David Dillon, a second-year JD-MBA candidate, and 1L student Klaus Griesemer.

P*Law 2025, Center For Public Service Law

2024–2025 Flyers

This document outlines the full schedule for Cardozo Law School’s 2025 P*LAW Week, hosted by the Center for Public Service Law. Held from January 27 to January 30, the week featured a variety of panels, workshops, and student-led presentations on topics such as reproductive justice, housing, LGBTQ+ immigration, international human rights, labor law, and social justice. Events included guest speakers from leading advocacy organizations, mock interviews, and internship prep sessions, all designed to engage students in public interest law and foster professional development.

Vol. 68, No. 03 (January 27, 2025)

Indiana Law Annotated

No abstract provided.

Cardozo Law News Brief: January 24, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the January 24, 2025 Cardozo Law News Brief include:

• Professor Saurabh Vishnubhakat spoke to The Guardian and ABC News about the Trump administration’s approach to delaying enforcement of the TikTok ban.

• Professor Peter Markowitz published an op-ed in the New York Daily News critiquing Mayor Adams' shifting stance on NYC sanctuary city laws.

• Adjunct Professor Gary Galperin was quoted in Gothamist discussing public perception and legal reasoning surrounding Daniel Penny’s acquittal.

Free Taxpayer Assistance Offered At Maurer School Of Law Through March, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Qualifying local taxpayers will have a helping hand navigating federal and state tax returns this spring, as the Volunteer Income Tax Assistance (VITA) program will once again offer services at the Indiana University Maurer School of Law.

Both U.S. and certain international taxpayers are eligible to utilize the services, which will run on Monday and Tuesdays from 6:30-9:30 p.m. beginning January 27 and running through March 25. Services will be available on a first-come, first-served basis in Room 121 on the first floor of the Law School (211 South Indiana Avenue).

VITA services will not be available the week of …

Vol. 68, No. 02 (January 20, 2025)

Indiana Law Annotated

No abstract provided.

Cardozo Law News Brief: January 17, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the January 17, 2025 Cardozo Law News Brief include:

• Professor Saurabh Vishnubhakat spoke to Law360, USA Today, The Verge, Politico, and ABC News about legal challenges surrounding the U.S. TikTok ban.

• Professor David Rudenstine published an op-ed in The Hill urging the Supreme Court to adopt a formal code of ethics.

• Professor Matthew Wansley was quoted in The Washington Post on privacy concerns related to Elon Musk's involvement in a Cybertruck explosion investigation.

• Assistant Professor Emmanuel Hiram Arnaud’s article “Colonizing by Contract” was published in the Columbia Law Review.

Vol. 68, No. 01 (January 13, 2025)

Indiana Law Annotated

No abstract provided.

Changemakers: Gina George: 3l: Community Building Third-Year Gina George Takes Helm Of Student Bar Association, Suzi Morales, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Cardozo Law News Brief: January 3, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Brief 2025

Highlights from the January 3, 2025 Cardozo Law News Brief include:

• Professor Jessica Roth spoke to The New York Times about the legal basis for Luigi Mangione facing both federal and state murder charges.

• Professor Betsy Ginsberg discussed jail conditions in Gothamist, emphasizing the need for systemic reform.

• Adjunct Professor Gary Galperin explained to Gothamist how legal strategy and timing are determined when dual prosecutions occur.

• Professor Jocelyn Getgen Kestenbaum appeared on The FoRB Podcast with Visiting Professor Dmytro Vovk to discuss global responses to the 2014 Yazidi genocide.

Flagrant Fouls: The First Amendment, Legal Speech, And Attacks On Law Firms And The Rule Of Law, Raymond H. Brescia

Nevada Law Journal Forum

This Essay explores the Trump Administration’s unprecedented campaign targeting major U.S. law firms for retribution and examines such actions in light of the First Amendment’s relationship to these actions. Drawing on historical and doctrinal analyses, the Essay introduces and defends the concept of “legal speech” as a critical cluster of First Amendment protections encompassing the rights of lawyers to speak, associate, petition, and advocate on behalf of clients in an unfettered way and without government retaliation. Executive actions against Covington & Burling, Paul Weiss, Perkins Coie, WilmerHale, Jenner & Block, and Susman Godfrey purport to revoke security clearances, bar access …

Voting Matters: Materiality Considerations And The Shareholder Vote, Renee M. Jones

Seattle University Law Review

For the shareholder franchise to have meaning, shareholders must have access to relevant information to inform their voting decisions. The securities laws’ disclosure requirements play an essential role in informing the shareholder vote.

This Essay focuses on the question of the materiality of information in the context of shareholder voting. It addresses the question of whether ESG-related information is material, positioning the materiality inquiry within the context of shareholders’ voting decisions. It explores the definition of materiality with a focus on the “reasonable investor” concept embedded within the definition. The Essay argues that the implicit expectations of many commentators that …

Through A Glass Darkly: How Securities Disclosures Give A Distorted View Of The Economy, Gerald F. Davis

Seattle University Law Review

Our understanding of the American economy often relies on stylized facts derived from mandatory disclosures by listed corporations. Data vendors like Standard & Poor’s vacuum up 10Ks and proxy statements into databases, and scholars distill these into tentative maps. This may have been adequate for a postwar economy centered on asset-heavy manufacturers, but it is increasingly out of step with an information-based economy. Companies listed on the stock market are fewer in number and less representative than they were, light in tangible assets and people, and heavy on IP. Basic facts such as what industry they are in are increasingly …

Eye-For-An-Eye: High Compensation Awards Against States As Undue Punishment, David M. Bigge, Jonathan M. White

American University International Law Review

In observing the past several years’ debates regarding reparations under international law, we are reminded of lessons we learned as children in Sunday School. The Jewish and Christian sacred texts address the principle of retributive justice reflected in the Biblical phrase “an eye for an eye, a tooth for a tooth.” During the early rabbinic period, the great sages grappled with the import of this rule. Jesus famously rejected the rule in favor of mercy: “turn the other cheek.” The rabbis were not as interested in rejecting this rule in its entirety as ensuring that it yielded justice.

Technologically Competent Reprised: Ethical Practice In An Ai Age And Considerations For Our Courts In A Burgeoning Ai Era, Heidi L. Frostestad

College of Law Faculty Publications

The recent explosion of artificial intelligence and generative AI undeniably impacts our federal and state courts. Currently, ABA Model Rule 1.1 and its Comment include a broad requirement of technological competence for an ethical practice. This Article will identify the technical competence obligations embodied in Model Rule 1.1 and examine the implications of AI for technological competence standards. After reviewing the timeline of cases that invoke AI hallucinations and other issues and current scholarly literature, this Article will propose a more specific ethical standard for baseline knowledge of various AI technologies according to current practice and use of ever-expanding technologies …

Ai As A Service: What Lawyers And Business Clients Need To Know, Martin Petrin

Commissioned Reports, Studies and Public Policy Documents

AI is seemingly everywhere. Hardly a day goes by in which there is not another media report on new areas in which the technology is being deployed and its potential consequences. While the advances of AI entail many opportunities for business and society, they also create challenges and risks. Although there is already awareness around problems such as AI bias, privacy, and human rights impacts, there are significant issues arising in the specific business-to-business context that have remained largely hidden and tend to receive much less attention. This article will, first, look at business-to-business more generally and show how AI …

Tribal Legal Licensing Of Attorneys, House Counsel Status, And The Opportunity To Redefine The Jd Preferred Position And The Entire Lawyer Ecosystem, Nicholas J. Stamates

Michigan Journal of Race and Law

The recognized right of Indian Tribes to license has been a known reality dating back to the Supreme Court’s ruling in Worcester v. Georgia, 31 U.S. 515 (1832) where state law was found inapplicable on the lands of the Cherokee. However, the modern implications of tribal licensing and regulation have only just begun to be explored in the context of the modern American regulatory system. In fact, the ability of Indian Tribes to license attorneys to practice law within their court systems has largely gone unexamined outside of a few exceptions such as the Tribal Law and Order Act …

Straight From The Students: The Impact Of Law School Experiences On Professional Identity Formation, Megan Bess

Marquette Law Review

Unlike other professions, there exists little research about the professional identity formation of law students. This process is key to professional socialization as they transition from student to lawyer. Research from other fields (notably medicine) and limited research on first-year law students suggest that authentic, real-world experiences have a significant impact on professional identity formation. With this hypothesis in mind, this Article presents data gathered from graduating law students about the impact of law school experiences on their ability to think and act like a lawyer. This research was conducted with a goal to aid law schools in directing professional …

Legal Deserts Or Mirages? Lawyers, Legal Services, And Respect For Law In Rural Wisconsin And Rural America, Joseph A. Ranney

Marquette Law Review

In recent years the legal profession has raised alarms about a perceived shortage of lawyers in rural America. State legislatures, courts, and bar associations have created rural lawyer recruitment (RLR) programs to address the perceived shortage, which include stipends, logistical support, and training for law students and lawyers willing to make a commitment to rural practice. Is there really a crisis? If so, are current RLR programs an effective means of stemming the crisis?

This Article examines these questions from several different angles, singling out rural Wisconsin for particular attention. It concludes that although lawyer density ratios (the proportion …

The Legacy Of Ferguson: Building Worker, Community, And Student Power To Respond To The Carceral State, Donna Coker, Melody Sinckler, Kira Mikes

Articles

The 2014 killing of Michael Brown in Ferguson, Missouri sparked national outrage regarding police violence in Black communities. But as time passed, Ferguson came to symbolize more than another episode of law enforcement violence. A Department of Justice (DOJ) report revealed that Ferguson's city coffers relied on an intentionally extractive criminal legal system that aggressively levied fines and fees in a racially discriminatory manner. As the DOJ findings illustrate, advocates seeking to transform or abolish the criminal legal system must rigorously analyze the political economy of the carceral system in their locale.

We describe a law school course aimed at …