Legal Profession Commons^™

The Ai Advocate: Tracking The Impact Of Artificial Intelligence On Trial Advocacy, John G. Browning

Loyola University Chicago Law Journal

In his annual State of the Judiciary address on December 31, 2023, Chief Justice John G. Roberts chose to focus on the use of generative AI. He cautioned that while AI "has great potential to dramatically increase access to key information for lawyers," its use "requires caution and humility" because of the risk of "dehumanizing the law." Chief Justice Roberts' timely warning, made at the height of concerns nationally about lawyers relying on fabricated case citations caused by the "hallucinations" of generative AI, could have just as easily been targeted not only to the legal profession generally, but to trial …

Reimagining Self-Regulation In Sexual Misconduct Complaints: Trust Through Transfer, Allyson M. Mcbride

Indiana Journal of Law and Social Equality

To increase trust in the judiciary’s ability to self-regulate, any formal complaints about a judge should not be handled by a colleague down the hall, but a judge from a different circuit. In this Comment, I propose automatic transfer out of circuit to improve the handling of sexual misconduct complaints specifically. I first describe the different ways judicial conduct is regulated in the federal system. I then discuss the problem of sexual misconduct in the judiciary. Finally, I outline why it is problematic for judges to adjudicate complaints about their intra-circuit colleagues and recommend that all complaints be automatically transferred …

Ai-Powered Lawyering: Ai Reasoning Models, Retrieval Augmented Generation, And The Future Of Legal Practice, Daniel Benjamin Schwarcz, Sam Manning, J.J. Prescott, Patrick Barry, David R. Cleveland, Beverly Rich

Articles

Generative AI is set to transform the legal profession, though its most promising uses and ultimate effects are still unclear. While AI models like GPT-4 improve efficiency, they can also “hallucinate” and may undermine legal judgment, particularly in complex tasks typically handled by skilled lawyers. This article examines two emerging AI innovations that may mitigate these concerns: Retrieval Augmented Generation (RAG), which grounds AI-powered analysis in legal sources, and AI reasoning models, which structure complex reasoning before generating output. We conduct the first randomized controlled trial assessing these technologies, assigning upper-level law students to complete legal tasks using a RAG-powered …

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 …

Misinformation And The Jury, Gustavo Ribeiro

Indiana Law Journal

This Article bridges critical gaps between the growing body of social science research on misinformation and the persistent challenges jurors face in evaluating potentially unreliable evidence in courtrooms. Misinformation—a pervasive issue undermining decision-making in democratic societies—mirrors the difficulties jurors encounter in distinguishing truth from falsehood amid compelling but unreliable evidence. The consequences of such challenges are dire: wrongful convictions, racial disparities, and the erosion of public trust in the legal system.

This Article is the first piece of legal scholarship to provide a comprehensive discussion of current research on the psychological mechanisms underlying susceptibility to misinformation—such as the illusory truth …

Eulogy For Daniel Subotnik דניאל עזרא בן אליעזר ואהובה Died–March 8 / 29 Adar 1, 57, Rabbi Wayne Franklin

Touro Law Review

No abstract provided.

Dan Subotnik Kept It Real, John Mcwhorter

Touro Law Review

No abstract provided.

Son Of Orwell, Chesterton, And Mill, Stephen B. Presser

Touro Law Review

No abstract provided.

Submission Of Michael B. Mukasey, Honorable Michael B. Mukasey

Touro Law Review

No abstract provided.

The Most Important Lesson, Rodger D. Citron

Touro Law Review

No abstract provided.

Knowing Danny, Suzanne Darrow-Kleinhaus

Touro Law Review

No abstract provided.

Our Loss, But Dan’S As Well, Richard Klein

Touro Law Review

No abstract provided.

Remembering A Dear Friend And Colleague, Thomas A. Schweitzer

Touro Law Review

No abstract provided.

For Daniel Ezra Subotnik, Theodore Silver

Touro Law Review

No abstract provided.

Professor Dan Subotnik, Nancy Fox

Touro Law Review

No abstract provided.

My Friend Dan Subotnik, Harvey Gilmore

Touro Law Review

No abstract provided.

In Memory Of Dan Subotnik—Friend And Scholar, David M. Phillips

Touro Law Review

No abstract provided.

Memories Of Marian Pink, Marian Pink

Touro Law Review

No abstract provided.

A Long, Deep, And Unbreakable Friendship, Henry Ramer

Touro Law Review

No abstract provided.

Touching Our Lives With Love And Grace: A Remembrance Of Dan Subotnik, Dr. Edward Crowe

Touro Law Review

No abstract provided.

A Letter To My Father-In-Law, Dan Subotnik, Dina Leytes

Touro Law Review

No abstract provided.

In Memoriam: Professor Daniel Subotnik—A Personal Tribute, Eric M. Pelz

Touro Law Review

No abstract provided.

Memories Of My Father, Daniel Ezra Subotnik, Joseph E. Subotnik

Touro Law Review

No abstract provided.

Reflections On An Exemplary Life: Professor Dan Subotnik, Eva E. Subotnik

Touro Law Review

No abstract provided.

The Once And Future Scholar: A Love Letter To Dan Subotnik, Rose Rosengard Subotnik

Touro Law Review

No abstract provided.

If I Only Had The Words (To Tell You): Billy Joel Lyrics In Legal And Medical Scholarship, Seuli Bose Brill, Christian H. Brill

Touro Law Review

Law and medicine are often considered to be among the least accessible professions, partly because of the heavy use of non colloquial jargon. This article examines more than 150 instances in which Billy Joel’s lyrics have been used to improve the accessibility of legal and medical scholarship. Legal and medical professionals have used the words of the “Piano Man” to discuss a variety of topics—everything from civil procedure to property rights and the COVID-19 pandemic to colorectal surgery. Nontraditional communications techniques of this type do not just contribute to the body of legal and medical scholarship; they also help professionals …

Do We Really Want Retired U.S. Supreme Court Justices Practicing Law? A Public Policy Critique To U.S. Supreme Court Term Limits, Michael J. Broyde, Hayden H. Hall

Faculty Articles

In its 2021 final report, the Presidential Commission on Judicial Reform discussed the merits of implementing term limits for Supreme Court justices. The Commission began by acknowledging that eighteen-year, non-renewable terms have considerable bipartisan support, including the support of both Conservative and Progressive scholars at the National Constitution Center, whose proposals for improving the Constitution included term limits for justices. They continued by weighing the pros and cons of implementing term limits via constitutional amendment or statute, addressing, in turn, the specifics of what these limits might look like—whether a twelve or eighteen-year term is preferable, how a transition from …

A Letter To Dan Subotnik, Albert Kleinhaus

Touro Law Review

No abstract provided.

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 …

Breaking The Cycle: Rethinking Bar Exam Scoring And Portability For Nextgen Examinees, Steven Foster, Nachman Gutowski

Scholarly Works

The development of the NextGen Bar Exam presents a crucial opportunity to address longstanding challenges in both bar exam scoring and portability concerns. The reliance on recent graduates' performance on the Uniform Bar Examination (UBE) as a baseline for setting future standards is flawed due to relative scoring and scaling. In addition to concerns regarding how the future bar exam is scored, there are also concerns regarding how the new scoring metric on the NextGen bar exam will be used for portability and, more specifically, what will happen between 2026 and 2028 as the NextGen bar exam is progressively adopted …