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Articles 1 - 30 of 453
Full-Text Articles in Legal Profession
Alumni Updates: Spring 2026, Benjamin N. Cardozo School Of Law
Alumni Updates: Spring 2026, Benjamin N. Cardozo School Of Law
Cardozo Law News Archive
A roundup of professional achievements and career milestones of Cardozo alumni during Spring 2026, including partner promotions, judicial and government appointments, publications, leadership positions, awards, and other notable accomplishments across the legal profession.
Interrogating The Facts Of The Case, Anna Roberts
Interrogating The Facts Of The Case, Anna Roberts
Indiana Law Journal
Buried within many criminal judicial opinions is the origin of their “facts”—the interrogation room. Criminal law pedagogy should expose this origin. If we treat the alleged product of interrogation as “what happened,” as criminal cases (and professors) sometimes do, we obscure the ways in which interrogators are trained to incriminate and to co-create confessions. We also risk obscuring subsequent layers of reporting by police, prosecutors, or judges.
Recent scholarly literature urges criminal law professors to teach differently, warning that we distort, sanitize, and bolster the carceral state when we erase governmental agents and bypass procedure. Treating the “facts of the …
Not A Pretty Picture: Race, Gender, And Inequality In The Legal Profession And Legal Education, Tanina Rostain
Not A Pretty Picture: Race, Gender, And Inequality In The Legal Profession And Legal Education, Tanina Rostain
Georgetown Law Faculty Publications and Other Works
Responding to renewed interest in law school as a path to a career “to do well and do good,” this essay examines Nelson, Dinovitzer, Garth, Sterling, Wilkins, Dawe, and Michelson’s The Making of Lawyers’ Careers and its account of inequality and opportunity in the American legal profession. Based on a 20-year study of more than 2,000 lawyers, the book traces how credentials, race, gender, class, and law school selectivity profoundly shape career trajectories. The essay situates those findings within the divide in private practice between corporate practice and people law and interrogates the professional ideology—rooted in the lawyer’s traditional role …
Measuring Lawyer Mental Illness: Evidence From Two National Surveys, Benjamin David Pyle, Clifford Rosky
Measuring Lawyer Mental Illness: Evidence From Two National Surveys, Benjamin David Pyle, Clifford Rosky
Faculty Scholarship
The American Bar Association declared a “well-being crisis” among lawyers, but the empirical basis for this claim has been contested in recent years. This study systematically compares two high-quality, nationally representative surveys —the National Health Interview Survey (NHIS) and the National Survey on Drug Use and Health (NSDUH)—to measure the prevalence of mental illness and alcohol misuse among lawyers. In both surveys, lawyers report elevated rates of alcohol misuse compared to the general public and similarly educated peers. The NHIS finds that lawyers experience psychological distress at rates lower than the general public and similar to, or moderately higher than, …
Professor Yvette Butler Named 2026 Recipient Of Derrick A. Bell, Jr. Award, Maurer School Of Law - Indiana University
Professor Yvette Butler Named 2026 Recipient Of Derrick A. Bell, Jr. Award, Maurer School Of Law - Indiana University
Keep Up With the Latest News from the Law School (blog)
Indiana University Maurer School of Law Professor Yvette Butler has been selected as the 2026 recipient of the Derrick A. Bell, Jr. Award, the Association of American Law Schools (AALS) Section on Minority Groups announced late Friday (Dec. 12).
“Professor Butler’s commitment to advancing racial justice and elevating the voices of marginalized communities embodies the highest ideals of our profession,” said Indiana Law Dean Christiana Ochoa. “Her work reflects the courage, clarity of purpose, and unwavering advocacy that defined Derrick Bell’s legacy. We are immensely proud to see her recognized with this award and look forward to the continued impact …
The Art Of Ai Prompting In Law And Dispute Resolution Practice, John Lande
The Art Of Ai Prompting In Law And Dispute Resolution Practice, John Lande
Faculty Publications
This short article offers a practical guide for using AI tools to improve the judgment and efficiency of lawyers, mediators, and arbitrators. It cites ABA Ethics Opinion 512, which describes lawyers’ ethical duty of technological competence under the ABA Model Rules.
The article encourages practitioners to begin by selecting AI tools appropriate to their tasks such as general-purpose platforms or specialized tools listed in the article. It explains how to write effective prompts, use follow-up questions to refine outputs, and apply professional judgment when reviewing results. It includes a list of suggested follow-up prompts.
Getting useful results from AI tools …
Licensure As Pathway, Not Barrier, Brian Gallini
Licensure As Pathway, Not Barrier, Brian Gallini
Arkansas Law Review
The legal profession knows it has an access to justice crisis. One side lacks a lawyer in approximately three-quarters of the twenty million civil cases filed across state courts every year. Against that concerning backdrop is how we license attorneys. The most common method is the written bar exam. But that exam bears little resemblance to the practice of law, produces racially disparate results, and is shockingly expensive for law graduates to prepare for and take. Its opaque scoring practices alongside its rare administration—offered just twice per year—strengthens the idea that the modern bar exam operates more as a barrier …
Lawyers, Trauma, And Professional Well-Being: How The Legal Community Takes Back Its Mental Health, Brenda D. Gibson
Lawyers, Trauma, And Professional Well-Being: How The Legal Community Takes Back Its Mental Health, Brenda D. Gibson
Arkansas Law Review
Accompanying a notable shift in the legal academy to being more attentive to our students’ mental health, there must be an equal (or even greater) shift to focusing on trauma, mental health, and well-being in the broader profession. Significantly, trauma and its effects are compounded when combined with the challenges faced by underrepresented populations within the profession. To date, these challenges have been greeted by an ad hoc, piecemeal reaction to stress and trauma,10 which only inhibits wellness in the profession. Part I explores the current literature in both the humanities and the legal profession, beginning with a brief discussion …
Motion For Leave And Brief Of Amici Curiae 1129 Law Students And 51 Law Student Organizations In Support Of Plaintiff's Motion For Summary Judgment, Jordan Merson, Spencer J. Pahlke
Motion For Leave And Brief Of Amici Curiae 1129 Law Students And 51 Law Student Organizations In Support Of Plaintiff's Motion For Summary Judgment, Jordan Merson, Spencer J. Pahlke
Student Amicus Briefs
Amici are 1129 law students and 51 law student organizations from law schools across the United States. They are diverse geographically, economically, socially, and politically. They study law for different reasons. They will go on to represent a wide range of clients and causes. Yet amici are united in one fundamental respect. They have dedicated themselves to the idea that we are a society governed by laws, not by raw power. They recognize that the executive order attacks their chosen profession. It attacks the values that cause law practice to be meaningful in American life. Amici ask this Court to …
Legal Market Decartelization, Milan Markovic, Nuno Garoupa
Legal Market Decartelization, Milan Markovic, Nuno Garoupa
Faculty Scholarship
American lawyers’ grip on the legal market is receding. Scholars and policymakers increasingly agree that the public has little to lose and potentially much to gain from legal market decartelization - the weakening of the lawyers’ monopoly over the legal services market. Harkening to deregulatory initiatives abroad and in Arizona and Utah, reformers contend that removing restrictions on the corporate delivery of legal services and unauthorized practice of law will slash costs and expand access to justice.
Drawing on economic theory and recent market developments, this Article offers a cautionary rejoinder. Understandable concerns about cartelization and lawyer rent-seeking have led …
Social Movement Lawyering And Due Process Values, Susan D. Carle
Social Movement Lawyering And Due Process Values, Susan D. Carle
Scholarly Articles in Law Reviews & Journals
As I send this Essay off to the Fordham Law Review in early January 2025, many people in the United States remain in a state of shock following the recent election of Donald J. Trump to a second term as President. Theories abound as to why a person who espoused so much hate won the allegiance of a majority of American voters; some commentators have suggested that “anti-wokeism” is to blame. To be sure, the Trump campaign manipulated conservative social values to gain support. But conservative values are not necessarily anti-woke values. Ancient values oppose treating people badly and interfering …
Straight From The Students: The Impact Of Law School Experiences On Professional Identity Formation, Megan Bess
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 …
When The “Attorney Work Product” Is A New Baby: The Case For Parental-Leave Continuance Rules, Michelle Browning Coughlin
When The “Attorney Work Product” Is A New Baby: The Case For Parental-Leave Continuance Rules, Michelle Browning Coughlin
Lewis & Clark Law Review
Parental-Leave Continuance Rules (PLCRs) are gender-neutral procedural rules that provide specific frameworks to courts for granting requests for a continuance of a scheduled legal proceeding or deadline if a necessary counsel is unavailable because they or their parenting partner will be experiencing a birth, adoption, or foster placement of a child. Existing laws protecting parental leave in the United States are tied to employment; and since courts are not generally the employers of attorneys appearing before them, they are not obligated to honor an attorney’s parental leave when scheduling a trial or other legal proceeding. While continuances are granted in …
What Lawyers Could Learn From The Corporate Practice Of Medicine, Melissa Mortazavi
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 …
The Perverse Effects Of Mandatory Judicial Reporting To Bar Authorities Of Ineffective Assistance Of Counsel Determinations, Tigran W. Eldred, David M. Siegel
The Perverse Effects Of Mandatory Judicial Reporting To Bar Authorities Of Ineffective Assistance Of Counsel Determinations, Tigran W. Eldred, David M. Siegel
Faculty Scholarship
California Business & Professions Code § 6086.7(a)(2) provides that a court shall notify the State Bar “[w]henever a modification or reversal of a judgment in a judicial proceeding is based in whole or in part on the misconduct, incompetent representation, or willful misrepresentation of an attorney.” Some California judges now interpret this provision as mandating referral to the State Bar in any case in which a new trial or withdrawal of a plea is granted due to ineffective assistance of counsel. This interpretation directly conflicts with an attorney’s continuing duty to her former client. It is unnecessary and has profoundly …
Keynote Address: Protecting The Pillars Of Our Legal System, Bernard W. Nussbaum
Keynote Address: Protecting The Pillars Of Our Legal System, Bernard W. Nussbaum
Tennessee Journal of Law and Policy
No abstract provided.
Solicitation By Lawyers: Piercing The First Amendment Veil, Louise L. Hill
Solicitation By Lawyers: Piercing The First Amendment Veil, Louise L. Hill
Maine Law Review
Historically, the legal profession has considered the solicitation of business inappropriate. The profession has articulated this condemnation of solicitation, which developed as a principle of good taste among a small and homogeneous group of practitioners, in the form of specific rules prohibiting its members from engaging in certain forms of conduct. In recent years, the United States Supreme Court has considered various rules that restrict the commercial speech of lawyers. Reviewing these proscriptive rules, the Court struck down categorical bans on lawyer advertising and targeted, direct mail solicitation as violative of the first amendment. Because the free flow of information …
Panel Discussion: So You Want To Publish A Book?, Suzanne Kim, Steven W. Bender, Angela J. Davis, Susan D. Carle, Clara Platter, Katheryn Russell-Brown
Panel Discussion: So You Want To Publish A Book?, Suzanne Kim, Steven W. Bender, Angela J. Davis, Susan D. Carle, Clara Platter, Katheryn Russell-Brown
Scholarly Articles in Law Reviews & Journals
Reaching wide and varied audiences for our academic work through book publishing served as the focus on this pipeline program panel. Through a dynamic conversation among leaders in book publishing from the academic and editorial sectors, we discussed the nuts and bolts of book publishing.
We are indebted, for this important dialogue, to American University Washington College of Law, NPOC, and all the conference’s co-sponsoring schools. We particularly want to thank Vice Dean Susan Carle of American University Washington College of Law, whose idea it was to host this panel. We were joined by the following expert book authors for …
From The Editors, Robert Dinerstein, Ezra Rosser
From The Editors, Robert Dinerstein, Ezra Rosser
Scholarly Articles in Law Reviews & Journals
This issue includes articles, conference transcripts, and book reviews that date to 2019. The woeful delay is solely the result of our own editorial failure, and we wish to apologize on behalf of the Journal to our readers and to the many contributing authors who put their trust in us. Rest assured that procedures have been established to prevent reoccurrence of such unacceptable time lags. But do know that we appreciate having fallen far short of professional standards in this instance.
Panel Discussion: Balancing Scholarship, Teaching And Service To Succeed On The Tenure Track – A Workshop For Pretenure Colleagues And Faculty Aspirants, Brenda Smith
Scholarly Articles in Law Reviews & Journals
In imagining the National People of Color Legal Scholarship Conference, the planning committee brainstormed about the theme of the conference and the scope of panels and opportunities that would capture the breadth and vibrancy of scholarship by faculty of color. An antecedent, however, to that scholarship is the entry, success, and thriving of faculty of color in the academy.
Renewing Our Vows: The Lawyer's Oath And Our Pledge To Democracy, Colin M. Black
Renewing Our Vows: The Lawyer's Oath And Our Pledge To Democracy, Colin M. Black
Suffolk University Law School Faculty Works
For centuries, lawyers have sworn to an oath as a prerequisite to admission. The oath, barely evolved from their historical roots, represents the guiding commitment lawyers make to democratic principles of honesty, integrity, fairness, and the rule of law. This commitment is in exchange for the power and privilege of belonging to the legal profession. However, the ethical landscape for legal practitioners has evolved, particularly in response to the alarming events of the 2020 U.S. presidential election. These events revealed significant lapses in the judgment and conduct among some lawyers, exposing the need for a recommitment to the democratic principles …
Measures Of Justice: Researching And Evaluating Lay Legal Assistance Programs, Tanina Rostain, James Teufel
Measures Of Justice: Researching And Evaluating Lay Legal Assistance Programs, Tanina Rostain, James Teufel
Georgetown Law Faculty Publications and Other Works
In recent years a national movement to train lay advocates and advisors to assist people with their common justice problems has emerged in the United States. A host of new programs have launched that allow trained navigators and justice workers to provide legal assistance. These programs – developed in Alaska, Delaware, South Carolina, Arizona, and Utah, among other places – vary in their substantive focus, the skills they impart, and their approaches to reaching the people and communities they seek to help. The proliferation of lay legal assistance programs creates research imperatives and opportunities. These programs need to be assessed …
The Lawyer's Duty Of Competence In A Climate-Imperiled World, John C. Dernbach, Irma S. Russell, Matthew Bogoshian
The Lawyer's Duty Of Competence In A Climate-Imperiled World, John C. Dernbach, Irma S. Russell, Matthew Bogoshian
UMKC Law Review
The United States has more than 1.3 million practicing lawyers. Under Model Rule 1.1 of the ABA Model Rules of Professional Conduct and every state’s rules of conduct, each of these lawyers owes clients competent representation. Under the rule, “[c]ompetent representation requires the knowledge, skill, thoroughness and preparation reasonably necessary for the services.” While law and rules will undoubtedly change in response to the climate crisis, the duty of competence does not await such change or legal reform. The ubiquitous nature of the duty of competence means it is applicable to each lawyer now and will continue to evolve as …
The Art Of Discovery: Part 2, David Spratt
The Art Of Discovery: Part 2, David Spratt
Scholarly Articles in Law Reviews & Journals
Form discovery is undeniably useful, particularly for seeing the types of questions or documents that are usually asked in a certain type of case. Unfortunately, many form interrogatories and document requests are outdated and do not follow effective writing strategies of clarity and precision. Many of the sample discovery requests are full of legalese, which often results in ambiguity. Grab your comb and razor, as we work together to “clean up” your discovery requests.
A Heuristic Approach To Solving Complex Litigation Problems, Melanie L. Oxhorn
A Heuristic Approach To Solving Complex Litigation Problems, Melanie L. Oxhorn
University of Cincinnati Law Review
This Article’s purpose is to propose a heuristic for effectively resolving complex litigation problems that are not clearly or concisely defined, do not present any immediate solutions, frequently involve novel situations or applications of legal doctrine, and suggest a variety of possible approaches. The features of this heuristic are derived from and compatible with what we know about good scientific theories and cognitive studies on acquiring knowledge and expertise in any area. As proposed herein, students and less experienced practitioners should focus on developing “critical thinking” skills allowing them to use their training and experience to become adept at identifying …
Re-Evaluating Gpt-4’S Bar Exam Performance, Eric H. Martinez
Re-Evaluating Gpt-4’S Bar Exam Performance, Eric H. Martinez
Faculty Scholarship
Perhaps the most widely touted of GPT-4’s at-launch, zero-shot capabilities has been its reported 90th-percentile performance on the Uniform Bar Exam. This paper begins by investigating the methodological challenges in documenting and verifying the 90th-percentile claim, presenting four sets of findings that indicate that OpenAI’s estimates of GPT-4’s UBE percentile are overinflated. First, although GPT-4’s UBE score nears the 90th percentile when examining approximate conversions from February administrations of the Illinois Bar Exam, these estimates are heavily skewed towards repeat test-takers who failed the July administration and score significantly lower than the general test-taking population. Second, data from a recent …
The Futures Of Law, Lawyers, And Law Schools: A Dialogue, Benjamin H. Barton, Sameer M. Ashar, Michael J. Madison, Rachel F. Moran
The Futures Of Law, Lawyers, And Law Schools: A Dialogue, Benjamin H. Barton, Sameer M. Ashar, Michael J. Madison, Rachel F. Moran
Scholarly Works
On April 19 and 20, 2023, Professors Bernard Hibbitts and Richard Weisberg convened a conference at the University of Pittsburgh School of Law titled “Disarmed, Distracted, Disconnected, and Distressed: Modern Legal Education and the Unmaking of American Lawyers.” Four speakers concluded the event with a spirited conversation about themes expressed during the proceedings. Distilling a lively two days, they asked: what are the most critical challenges now facing US legal education and, by extension, lawyers and the communities they serve? Their agreements and disagreements were striking, so much so that Professors Hibbitts and Weisberg invited those four to extend their …
The Case For (And Against) Aba Regulation Of Non-J.D. Programs, Benjamin H. Barton
The Case For (And Against) Aba Regulation Of Non-J.D. Programs, Benjamin H. Barton
Scholarly Works
American law schools have pulled out of what looked like a death spiral. From 2008-18 job placement and bar passage cratered and applications and JD enrolment followed. Some law schools found themselves trapped between Scylla and Charybdis – if they did not loosen admissions, they would not have the funds to keep the doors open. But if they loosened admissions too much bar passage and placement suffered, prompting a possible closure via disaccreditation by the ABA (or the DOE).
There are (broadly speaking) two models of profitable higher education in the United States. The first is the old school, classic …
Tapping Into The Talent Pipeline While Repairing The Leaky Pipe, Michelle M. Kwon
Tapping Into The Talent Pipeline While Repairing The Leaky Pipe, Michelle M. Kwon
Scholarly Works
Diversity in the legal profession matters. It helps legitimize our legal system, giving everyone confidence that they will be treated fairly. Diverse legal teams make it more likely that the team will understand different perspectives and avoid “group think.” Having diverse groups make, enforce, and interpret laws leads to better outcomes. And yet, the legal profession is one of the least diverse in the country. The vast majority of lawyers are White men even though women constitute half of the population and about 40% of the U.S. population is not White. The percentage of Black lawyers has remained virtually unchanged …
The Role Of Intuitive Reasoning In Lawyering And Legal Education, N. E. Millar
The Role Of Intuitive Reasoning In Lawyering And Legal Education, N. E. Millar
St. Thomas Law Review
Intuition-a process of "rapid cognition" that offers foresight and helps with creative problem-solving-is a powerful tool that lawyers can use to inform strategic decisions, avoid ethical pitfalls, enhance communication, and increase career satisfaction. However, many law students come to law school after decades of being taught to trust only external sources-such as data and authority figures-and out of touch with their internal, intuitive resources. Law schools exacerbate this disconnect by prioritizing grades, awards, rankings, prestigious jobs, and other external sources of satisfaction and meaning. Indeed, the study of law is primarily the study of external sources of guidance, such as …