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Full-Text Articles in Legal Profession

The Specter Of Malpractice: When Law Firm General Counsel And Risk Management Professionals Are Confronted With Potential Malpractice Claims And Ethics Violations, Joseph R. Tiano Jr., Nancy B. Rapoport, William J. Siroky Jan 2021

The Specter Of Malpractice: When Law Firm General Counsel And Risk Management Professionals Are Confronted With Potential Malpractice Claims And Ethics Violations, Joseph R. Tiano Jr., Nancy B. Rapoport, William J. Siroky

Scholarly Works

Every day, law firm general counsel and other law firm risk management professionals face a very practical, very vexing problem. The problem is what to do when hearing that a serious ethical mistake or impropriety may have occurred—but without any concrete confirmation that something problematic has, in fact, happened. This essay discusses the most important initial steps and questions that the firm’s general counsel or other risk management professional must address in this confounding situation where the “specter of malpractice” is present. We call this the “specter of malpractice” because a malpractice claim has not yet fully materialized (and it …


No, The Firing Squad Is Not Better Than Lethal Injection: A Response To Stephanie Moran’S A Modest Proposal, Michael Conklin Jan 2021

No, The Firing Squad Is Not Better Than Lethal Injection: A Response To Stephanie Moran’S A Modest Proposal, Michael Conklin

Seattle University Law Review

In the article A Modest Proposal: The Federal Government Should Use Firing Squads to Execute Federal Death Row Inmates, Stephanie Moran argues that the firing squad is the only execution method that meets the requirements of the Eighth Amendment. In order to make her case, Moran unjustifiably overstates the negative aspects of lethal injection while understating the negative aspects of firing squads. The entire piece is predicated upon assumptions that are not only unsupported by the evidence but often directly refuted by the evidence. This Essay critically analyzes Moran’s claims regarding the alleged advantages of the firing squad over …


Table Of Contents, Seattle University Law Review Jan 2021

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


That's Not Fair Use: Why Rule 68 Copyright Defendants Canno Recover Post-Offer Attorney's Fees, Ryan Kaiser Jan 2021

That's Not Fair Use: Why Rule 68 Copyright Defendants Canno Recover Post-Offer Attorney's Fees, Ryan Kaiser

American University Law Review

Federal Rule of Civil Procedure 68 (Rule 68) is a cost-shifting rule that allows a non-prevailing defendant who made an offer of judgment more favorable than the final judgment to recover costs incurred from the point the offer was made. Until the mid-1980s, whether the rule could apply to the attorney’s fees was the source of much debate. In 1985, the U.S. Supreme Court provided a partial answer when it decided Marek v. Chesny, holding that Rule 68 operates to preclude a civil rights plaintiff from recovering post-offer attorney’s fees. The Court stated that Rule 68 costs include all costs …


The Effect Of The Uniform Bar Examination On Admissions, Diversity, Affordability, And Employment Across Law Schools In The United States, Manuel S. González Canché, Taylor K. Odle, Ji Yeon Bae Jan 2021

The Effect Of The Uniform Bar Examination On Admissions, Diversity, Affordability, And Employment Across Law Schools In The United States, Manuel S. González Canché, Taylor K. Odle, Ji Yeon Bae

Grantee Research

The Uniform Bar Examination (UBE), first implemented in February 2011 in Missouri and North Dakota, is a multijurisdictional or cross-state test designed to assess a minimum shared core of legal knowledge and lawyering skills. Since its implementation, UBE has now reached 37 states and territories, including the District of Columbia. Despite this prevalence, no empirical evidence exists regarding its effects on law schools’ admissions, diversity, affordability, and employment mobility of law students and graduates or of its effects on law schools’ application volumes or average bar passage rates. This study addresses this gap by providing a comprehensive examination of the …


Title Insurance: Protecting Property At What Price?, Stewart E. Sterk Jan 2021

Title Insurance: Protecting Property At What Price?, Stewart E. Sterk

Articles

The real property recording system is designed to protect purchasers and mortgagees against defects in title. Navigating that system is beyond the capacity of most laymen; historically, purchasers hired lawyers and other professionals to identify and eliminate title risks. Institutional lenders, however, sought more protection than a lawyer's opinion could provide, leading to the development of title insurance. Title insurance, unlike most other insurance, is focused not on risk spreading but on risk elimination. By examining title before issuing a policy, a title insurer minimizes the likelihood of a successful claim by an insured whose title turns out to be …


Focus On The Future: An Interview With Monsurat Ottun, Esq., Nicole P. Dyszlewski, Meghan L. Hopkins Jan 2021

Focus On The Future: An Interview With Monsurat Ottun, Esq., Nicole P. Dyszlewski, Meghan L. Hopkins

Law Faculty Scholarship

No abstract provided.


Focus On The Future: An Interview With Kaylin Pelletier-Koening, Esq., Nicole P. Dyszlewski, Meghan L. Hopkins Jan 2021

Focus On The Future: An Interview With Kaylin Pelletier-Koening, Esq., Nicole P. Dyszlewski, Meghan L. Hopkins

Law Faculty Scholarship

No abstract provided.


Focus On The Future: An Interview With Emily Heisler, Esq., Nicole P. Dyszlewski, Meghan L. Hopkins Jan 2021

Focus On The Future: An Interview With Emily Heisler, Esq., Nicole P. Dyszlewski, Meghan L. Hopkins

Law Faculty Scholarship

No abstract provided.


Changemakers: Coming Full Circle, Roger Williams University School Of Law Jan 2021

Changemakers: Coming Full Circle, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jan 2021

Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


The Deborah Jones Merritt Center For The Advancement Of Justice, Claudia Angelos, Mary Lu Bilek, Joan W. Howarth Jan 2021

The Deborah Jones Merritt Center For The Advancement Of Justice, Claudia Angelos, Mary Lu Bilek, Joan W. Howarth

Scholarly Works

When invited to write an essay on clinical legal education honoring our friend, we were struck by the importance of a focus on clinical legal education in any collection of work paying tribute to Professor Deborah Jones Merritt. Legal education has benefited from a fifty-year movement for clinical education. This movement necessarily interrogates and seeks to overcome the anachronistic, inherited Langdellian paradigm that dominates and continues to define the curricula and policies of our law schools. But the movement for clinical education has been exponentially confounded by contemporary legal education’s shape as a pyramid of statuses and privileges accumulated over …


Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability, Diana Sclar Jan 2021

Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability, Diana Sclar

Dickinson Law Review (2017-Present)

Most state rules of substantive law, whether legislative or judicial, ordinarily adjust rights and obligations among local parties with respect to local events. Conventional choice of law methodologies for adjudicating disputes with multistate connections all start from an explicit or implicit assumption of a choice between such locally oriented substantive rules. This article reveals, for the first time, that some state rules of substantive law ordinarily adjust rights and obligations with respect to parties and events connected to more than one state and only occasionally apply to wholly local matters. For these rules I use the term “nominally domestic rules …


Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions, Cole Gordner Jan 2021

Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions, Cole Gordner

Dickinson Law Review (2017-Present)

Procedural election laws regulate the conduct of state elections and provide for greater transparency and fairness in statewide ballots. These laws ensure that the public votes separately on incongruous bills and protects the electorate from uncertainties contained in omnibus packages. As demonstrated by a slew of recent court cases, however, interest groups that are opposed to the objective of a ballot question are utilizing these election laws with greater frequency either to prevent a state electorate from voting on an initiative or to overturn a ballot question that was already decided in the initiative’s favor. This practice is subverting the …


The Struggle With Basic Writing Skills, Ann Nowak Jan 2021

The Struggle With Basic Writing Skills, Ann Nowak

Scholarly Works

No abstract provided.


A Tribute To Professor Catherine Mahern, Lawrence Raful Jan 2021

A Tribute To Professor Catherine Mahern, Lawrence Raful

Scholarly Works

No abstract provided.


Behind Bartkus: A Flamboyant Lawyer, A Vindictive Judge, And The Untold Story Of Double Jeopardy’S Dual Sovereignty, Stephen E. Henderson, Dean Strang Jan 2021

Behind Bartkus: A Flamboyant Lawyer, A Vindictive Judge, And The Untold Story Of Double Jeopardy’S Dual Sovereignty, Stephen E. Henderson, Dean Strang

Faculty Articles

A young defense attorney earns his client, charged in federal court with bank robbery, a jury acquittal. (It’s the attorney’s first.) One would expect the impartial judge to thank the jury for its service. Instead, this one harangues both jury and defense attorney (“entailing changes in his complexion from red to purple to dead white”), publicly rails against the verdict, attempts to bar the jurors from future service, refuses to release the defendant, and successfully prods prosecutors to bring a duplicative state prosecution that would end in conviction for the same crime. To anyone who respects the rule of law—or …


Litigation Analytics: A Framework For Understanding, Using & Teaching, Peter A. Hook Jan 2021

Litigation Analytics: A Framework For Understanding, Using & Teaching, Peter A. Hook

Journal Articles

This article, appearing in the American Association of Law Libraries bimonthly member magazine, provides a brief introduction (under 2000 words) to litigation analytics. It contains a definition, common uses of litigation analytics, a brief history, as well as why litigation analytics should be taught in law school. The author provides his framework for teaching and understanding litigation analytics which includes types of analytics, pivot points (perspectives from which the analytics may be understood), and contextualizes the various analytics offerings by insight-needs categories: (1) categorizing and clustering; (2) ordering, ranking, and sorting; (3) distribution; (4) comparison; (5) trends; (6) geospatial location; …


Men And Women Of The Bar: A Second Look At The Impact Of Gender On Legal Careers, Kenneth G. Dau-Schmidt, Kaushik Mukhopadhaya Jan 2021

Men And Women Of The Bar: A Second Look At The Impact Of Gender On Legal Careers, Kenneth G. Dau-Schmidt, Kaushik Mukhopadhaya

Articles by Maurer Faculty

A lot has happened in the time since our last study. Women have continued to improve their position in legal education and the legal profession. In 2009, women were 47% of first-year law students in American law schools and 31% of practicing lawyers. Women's enrollment in American law schools has steadily increased so that in 2018 they were the majority of firstyear law students (53.1%), and in 2019, they were the majority of all law students (51.3%). Correspondingly, with women's advantage in numbers in education, women's participation in the legal profession has continued to increase so that in 2019 they …


"Man Is Opposed To Fair Play": An Empirical Analysis Of How The Fifth Circuit Has Failed To Take Seriously Atkins V. Virginia, Michael L. Perlin, Talia Roitberg Harmon, Sarah Wetzel Jan 2021

"Man Is Opposed To Fair Play": An Empirical Analysis Of How The Fifth Circuit Has Failed To Take Seriously Atkins V. Virginia, Michael L. Perlin, Talia Roitberg Harmon, Sarah Wetzel

Articles & Chapters

In 2002, for the first time, in Atkins v. Virginia, 536 U.S. 304 (2002), the United States Supreme Court found that it violated the Eighth Amendment to subject persons with intellectual disabilities to the death penalty. Since that time, it has returned to this question multiple times, clarifying that inquiries into a defendant’s intellectual disability (for purposes of determining whether he is potentially subject to the death penalty) cannot be limited to a bare numerical “reading” of an IQ score, and that state rules based on superseded medical standards created an unacceptable risk that a person with intellectual disabilities could …


Women Lawyers For Social Causes, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok Jan 2021

Women Lawyers For Social Causes, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok

Articles & Chapters

Women lawyers are increasing seen among the leading legal defenders of human rights and social movements in Thailand. Increasing visibility is partly a result of news coverage and social media, but women lawyers activism has far older roots. In this article, we examine two related processes of change that contribute to women’s emergence as leading social cause practitioners. First, we discuss the relationship between Thailand’s legal system and its social and political development since the end of the nineteenth century. Second, we employ career narratives of three women lawyers with innovative practices for social causes as a lens through which …


Creativity, Content, And Community In Evidence Online, Lynn Su Jan 2021

Creativity, Content, And Community In Evidence Online, Lynn Su

Articles & Chapters

No abstract provided.


Understanding And Lifting Up Our Quiet Students: Reimagining "Participation" In The Remote Classroom, Heidi K. Brown Jan 2021

Understanding And Lifting Up Our Quiet Students: Reimagining "Participation" In The Remote Classroom, Heidi K. Brown

Articles & Chapters

No abstract provided.


The Politics Of Bar Admission: Lessons From The Pandemic, Leslie C. Levin Jan 2021

The Politics Of Bar Admission: Lessons From The Pandemic, Leslie C. Levin

Faculty Articles and Papers

No abstract provided.


Ordinary Clients, Overreaching Lawyers, And The Failure To Implement Adequate Client Protection Measures, Leslie C. Levin Jan 2021

Ordinary Clients, Overreaching Lawyers, And The Failure To Implement Adequate Client Protection Measures, Leslie C. Levin

Faculty Articles and Papers

Every year, thousands of individual clients are victimized by overreaching lawyers who overcharge clients, refuse to return unearned fees, or steal their money. For more than forty years, the American Bar Association (ABA) has considered, and often proposed, client protection measures aimed at protecting clients from overreaching lawyers. These measures include requirements that lawyers use written fee agreements in their dealings with clients and rules relating to fee arbitration, client protection funds, insurance payee notification, and random audits of trust accounts. This Article examines what happened to these ABA recommendations when the states considered them and assesses the current state …


Thoughts On The Retirement Of Jim Stewart, Leonard M. Niehoff Jan 2021

Thoughts On The Retirement Of Jim Stewart, Leonard M. Niehoff

Articles

At the end of April 2021, Jim Stewart - my friend and colleague of almost 40 years - retired from the practice of law. He will now be spending his time trying to win rounds of golf instead of cases and trying to win arguments with his three daughters instead of opposing counsel. I know Jim will enjoy retirement, but I'm skeptical that his win-loss record is about to improve.


An Innovative Approach To Movement Lawyering: An Immigrant Rights Case Study, Christine N. Cimini, Doug Smith Jan 2021

An Innovative Approach To Movement Lawyering: An Immigrant Rights Case Study, Christine N. Cimini, Doug Smith

Articles

The role of lawyers in social change movements is more important than ever as communities mobilize around systemic racism, police killings, xenophobia, rising unemployment, and widening economic inequality. The immigrant rights movement is a critical part of these efforts to foment change. This Article leverages an in-depth case study – the rise and fall of the controversial immigration enforcement program known as Secure Communities - to explore how lawyers work as part of a community to challenge power and effectuate change. The dismantling of Secure Communities was widely credited to a relentless campaign to thwart the government’s then-expanding deportation strategy. …


Antiracism, Reflection, And Professional Identity, Monte Mills, Eduardo R.C. Capulong, Andrew King-Ries Jan 2021

Antiracism, Reflection, And Professional Identity, Monte Mills, Eduardo R.C. Capulong, Andrew King-Ries

Articles

Intent on more systematically developing the emerging professional identities of law students, the professional identity formation movement is recasting how we think about legal education. Notably, however, the movement overlooks the structural racism imbedded in American law and legal education. While current models of professional development value diversity and cross-cultural competence, they do not adequately prepare the next generation of legal professionals to engage in the sustained work of interrupting and overthrowing race and racism in the legal profession and system. This article argues that antiracism is essential to the profession’s responsibility to serve justice and therefore key to legal …


Should Justices Be Historians? Justice Scalia’S Opinion In District Of Columbia V. Heller, Todd B. Adams Jan 2021

Should Justices Be Historians? Justice Scalia’S Opinion In District Of Columbia V. Heller, Todd B. Adams

University of San Francisco Law Review

No abstract provided.


From Academic Freedom To Cancel Culture: Silencing Black Women In The Legal Academy, Renee Nicole Allen Jan 2021

From Academic Freedom To Cancel Culture: Silencing Black Women In The Legal Academy, Renee Nicole Allen

Faculty Publications

In 1988, Black women law professors formed the Northeast Corridor Collective of Black Women Law Professors, a network of Black women in the legal academy. They supported one another’s scholarship, shared personal experiences of systemic gendered racism, and helped one another navigate the law school white space. A few years later, their stories were transformed into articles that appeared in a symposium edition of the Berkeley Women’s Law Journal. Since then, Black women and women of color have published articles and books about their experiences with presumed incompetence, outsider status, and silence. The story of Black women in the legal …