Legal Profession Commons^™

Interoperable Legal Ai For Access To Justice, Drew Simshaw

Scholarly Works

The access-to-justice gap is growing, affecting individuals with both civil and criminal needs in the United States. Though these challenges are multifaceted, procedural barriers in the U.S. legal system can often inhibit access-to-justice efforts. The resulting inequities undermine fairness for those interacting with courts and jeopardize the legitimacy of the broader legal system. Legal technology driven by artificial intelligence (Al) has been heralded for its potential to combat these challenges on three access-to-justice fronts that are often conceptualized in isolation: a consumer (i.e., self-help) front, a legal-service-provider front, and a court front. Progress on each of these fronts is apparent, …

Integrating Academic Success, Krishnee Coley, Laura A. Webb

Law Faculty Publications

Over the past few years, Richmond Law has taken several intentional steps to address one of ASP’s perennial challenges: the students who most need help may not be the ones who find their way to optional ASP sessions. By integrating academic success into orientation programs and collaborating with doctrinal professors, we’ve succeeded in reaching all our 1L students despite the lack of a mandatory 1L ASP course.

What Lawyers Could Learn From The Corporate Practice Of Medicine, Melissa Mortazavi

Faculty Articles

Proponents of the United States’ domestic experiments in non-lawyer ownership (NLO) of legal practice justify them in terms of increasing “access to justice.” But what if opening ownership of legal practice to investment capital only exacerbates market failures (leading to further consolidation and increased costs to clients), while also compromising professional autonomy and fiduciary duty? The legal profession must be clear-eyed about who are the real winners and losers of such a shift and avoid being blinded by wishful thinking. Prominent legal scholars have repeatedly touted NLO as a solution to the access to justice crisis. However, there is scant …

Human-Centered Advocacy: Requiring Trauma-Informed Lawyering Through Mandatory Continuing Legal Education, Meghan Sheldon

Roger Williams University Law Review

No abstract provided.

Paradoxical Pedagogy: Teaching Trauma-Informed Principles Within A System Built On Emotional Detachment, Sarah Mcconnell, Leah Lunetta

Roger Williams University Law Review

No abstract provided.

Civic Virtue: Judge William E. Smith's Gifts To Rwu Law, Michael J. Yelnosky

Roger Williams University Law Review

No abstract provided.

Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea K. Schneider

Articles

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client's risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …

For The Reasons Elucidated Above: Lessons From Judge Selya On Law, Writing, And Life, Stefanie D. Fischer, Colten H. Erickson

Roger Williams University Law Review

No abstract provided.

The Wellness Connection January 2025, Roger Williams University School Law Office Of Student Life

Life of the Law School (1993- )

No abstract provided.

Lex Ex Machina: Forging A New Ethical Framework For Ai And Technology In The Law, Joseph Regalia

Scholarly Works

The rise of generative artificial intelligence (GAI) offers the legal profession a chance to reevaluate and reshape its ethical standards. This article argues that GAI's potential demands a more detailed approach to legal ethics, especially concerning technology use. While current ethics rules provide a general foundation, they do not fully address the unique challenges and opportunities of GAI and similar advanced technologies.

By reviewing historical contexts of legal technology ethics and recent GAI regulations, this article suggests a new model for technology ethics in law. It calls for the inclusion of detailed, flexible standards in ethical guidelines, moving beyond the …

To Free A Predator: The Flawed Rationale For Overturning Bill Cosby’S Conviction, Michael C. Kovac

Dickinson Law Review (2017-Present)

No abstract provided.

Should Clients Have A Right To Know What Their Lawyer Believes?, Melissa D. Mortazavi

Oklahoma Law Review

No abstract provided.

Online Inclusivity: Mission And Best Practice, Colin P. Marks, Zoe Niesel

Faculty Works

This essay examines the role of inclusivity as a foundational principle in online legal education, arguing that it is essential to fulfilling institutional missions, aligning with established pedagogical best practices, and enhancing the overall learning experience. Drawing on the development of a fully online J.D. program, the piece outlines how inclusivity can be embedded at both the institutional and classroom levels. It highlights strategies for fostering a sense of community among geographically dispersed students, including integrating online learners into broader academic and co-curricular activities, designing courses that balance synchronous and asynchronous instruction, and implementing consistent instructional standards. The essay further …

Generative Ai And Finding The Law, Paul D. Callister

Faculty Works

Legal information science requires, among other things, principles and theories. The article states six principles or considerations that any discussion of generative AI large language models and their role in finding the law must include. The article concludes that law librarianship will increasingly become legal information science and require new paradigms. In addition to the six principles, the article applies ecological holistic media theory to understand the relationship of the legal community’s cognitive authority, institutions, techné (technology, medium and method), geopolitical factors, and the past and future to understand the changes in this information milieu. The article also explains generative …

Defining The Field Of Wellness Law, Barbara Zabawa

Faculty Works

Some lawyers practice “wellness law” without knowing what it is and how it differs from more recognized fields of practice such as health law, public health law, and medical malpractice. This article defines the field of wellness law using in a prescriptive manner the organizational framework that identifies the common and distinctive patterns in wellness and the law that surrounds it. This examination entails reviewing statutes and cases that differentiate between conventional health care and products or services outside of it to identify the core problems that are common and unique to wellness law. Those core problems are twofold. First, …

Current Higher Education Legal Issues And The Roles Of Legal Leadership On Campus, Louis H. Guard, Joyce P. Jacobsen, Patricia E. Salkin

Scholarly Works

No abstract provided.

Ai Lawyering Skills Trainers: Transforming Legal Education With Generative Ai, Alexandria Serra

Faculty Works

The integration of generative AI (GenAI) tools in legal education is not just an innovation—it's a transformative shift redefying how law students acquire and refine advocacy skills. This article examines AI’s critical role in modernizing legal education, emphasizing its potential to offer personalized, one-on-one coaching that enhances student learning and engagement. As AI reshapes the legal profession, law schools must evolve to prepare students for an AI-driven future. Serving as a practical guide, this article provides a step-by-step framework for educators and institutions to develop AI tools that simulate real-world courtroom scenarios and provide continuous, personalized feedback. It also highlights …

The Motherhood Myth, Traditional Firms, And The Underrepresentation Of Women, Paula Schaefer

FIU Law Review

This Article explains that the motherhood narrative—that women are underrepresented in partnership and leadership ranks of law firms because they are their children’s primary caregivers—is a myth. After detailing how the motherhood myth has been used as an excuse for poor retention of women, the Article provides evidence of an alternative explanation: traditional firms—characterized by extreme work expectations and reliance on the unpaid labor of attorneys’ stay-at-home spouses or partners (SAHSs)—are structurally and culturally hostile to women. To thrive in a traditional firm, an attorney needs a SAHS—not just an equal parenting partner as the motherhood myth claims. Traditional firms’ …

Lawyers And The Abuse Of Government Power, Margaret Tarkington

University of Michigan Journal of Law Reform

The legal profession needs to amend the rules of professional conduct to protect our constitutional system of government from those most likely to effectively undermine it: lawyers. The historic federal indictment against President Donald Trump for conspiring to stay in power after losing the 2020 presidential election included five attorney co-conspirators: Rudy Giuliani, John Eastman, Sidney Powell, Jeffrey Clark, and Kenneth Chesebro. Eight lawyers were indicted in Georgia on similar charges.

Lawyers weren’t just involved in Trump’s plot; they devised and enabled it. Rather than accurately advise Trump that he had lost and needed to concede, lawyers crafted a plan …

Ai And Tribal Court Practice, Matthew L.M. Fletcher

Articles

American Indian tribal court practice resides at the intersection of two difficult legal problems. First, because tribal justice systems are usually very young and dynamic, awareness and analysis of tribal law is underdeveloped. Second, because tribal nations are not governed by state or federal law, tribal law is culturally unique. Tribal court practitioners often find that even routine legal matters will involve questions of first impression in the jurisdiction. All of this is to say tribal court jurisprudence is intensely jurisgenerative.

Because tribal law is often unsettled or indeterminate, the costs of discovering and applying this law are occasionally high. …

Trial Lawyers And An Ethos Of Leadership: Enhancing Legal Education To Meet Evolving Demands, Anthony J. Ghiotto

University of San Francisco Law Review

No abstract provided.

Legal Academia's White Gaze, Renee Nicole Allen

Faculty Publications

For Black law faculty, Blackness, the Black experience, and Black legal and social identity are not trends. Yet, there are inflection points where legal scholarship about race, particularly Blackness, is in vogue. The most recent rise in such legal scholarship came in the aftermath of George Floyd’s murder and the worldwide Black Lives Matter protests in 2020. When antiracist sentiment is high, the regard for scholarship central to the personhood of Black legal scholars is high. Even then, there is an expectation that Black authors write in ways that conform to the White norms of legal scholarship. Though central to …

Prosecutorial Reform And The Myth Of Individualized Enforcement, Justin Murray

Articles & Chapters

The American prosecutor’s legitimacy faces unprecedented challenges. A new wave of reformist prosecutors has risen to power promising to transform the criminal justice system from within, sparking fierce backlash from defenders of the prosecutorial status quo. Central to this conflict is a debate over the nature of prosecutorial discretion, influenced by a set of claims and assumptions that this Article terms the myth of individualized enforcement. This myth posits that prosecutors base discretionary decisions on case-specific facts and equitable circumstances rather than generalizable criteria or categorical nonenforcement practices, such as the policies some reformist prosecutors have adopted that disfavor prosecuting …

Like Holding Up A Mirror: How I Learned To Teach Restorative Justice, Susan Abraham

Articles & Chapters

No abstract provided.

Promise And Pitfalls Of Ai In Mass Arbitration, Amy J. Schmitz

Cardozo Journal of Conflict Resolution

Mass arbitration has emerged as a strategic response to arbitration clauses that preclude class actions, allowing large numbers of claimants to bring individual arbitration demands against companies for similar grievances. Unlike class actions where a lead claimant represents others, mass arbitration requires each claimant’s active participation in separate proceedings, creating significant administrative burdens and costs. Following a 2011 Supreme Court ruling that solidified mandatory individual arbitration clauses, consumers and employees increasingly turned to mass arbitration filings. While the American Arbitration Association’s rule updates aimed to improve efficiency through measures like one-time initiation fees and process arbitrators, challenges remain in managing …

Adapting To Change: Navigating The Evolving Role Of Electronic Resources Librarians, Sam Cabo

Law Faculty Publications

The growing number and intricacy of online services, in addition to dwindling formats like CD-ROMs and print, are ushering in new expectations and opportunities for electronic resources librarians (ERLs). From developing data analysis and management strategies, to automating tasks, managing modern authentication workflows, and navigating the nascent landscape of generative artificial intelligence (AI), ERLs are wearing many hats as they adapt quickly to shifts in technology and the needs of their institutions. In November 2024, the authors conducted an informal survey (which generated 51 responses) of American Association of Law Libraries (AALL) members via several My Communities groups. The authors …

Guide To Virginia Legal Information Resources: Sources Of Law, Research Guides, And Self-Help Books For Self-Represented Litigants, Second Edition, Sam Cabo

Law Faculty Publications

Since our first iteration of the Guide to Virginia Legal Information Resources in March 2023, the Guide has been distributed far and wide. It has been made available on public library websites (for example it was featured as a bullet point on the website of the Bristol Public Library and uploaded to the website of the Waynesboro Public Library). It has been cataloged by academic libraries (for example, the University of Virginia Library has an entry in its online catalog) and has been included in LibGuides at academic law libraries (there is a link to the Guide in the Virginia …

Addressing Perceived Racial And Ethnic Disparities In Attorney Discipline, Susan Saab Fortney, Heather Zirke

Faculty Scholarship

Perceived racial and ethnic disparities in attorney discipline threaten public confidence in the legal profession’s fairness and equity. This Article explores whether lawyers of color are subject to a disproportionate number of disciplinary actions. It draws on studies that reveal patterns of disparate outcomes tied to factors such as practice setting, representation during proceedings, and decision-maker bias. The authors assess how systemic issues may contribute to these disparities and highlights gaps in research and transparency. To address these challenges, the Article recommends a multi-faceted approach. This includes better collection and analysis of demographic data, procedural reforms to ensure equitable treatment, …

In Defense Of Pro Se Parents, Matthew F. Gillam

Fordham Law Review

Who gets to represent children in federal court? Adults have long been permitted to represent themselves in federal court under the plain meaning of 28 U.S.C. § 1654. And, many adults do just that every year. But what if the real party in interest is a minor child? Who, if anyone, can exercise that child’s right to proceed pro se?

This Note argues that the correct reading of 28 U.S.C. § 1654 would permit parents to litigate pro se in federal court where the real party in interest is their minor child. This is based on a straightforward, grammatically correct …

Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea Kupfer Schneider

Faculty Scholarship

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client's risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …