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Full-Text Articles in Legal Profession

Integrating Doctrine & Diversity Speaker Series: Owning Our Values: Supplementing Our Textbooks For Those Engaged In Social Justice, Roger Williams University School Of Law Oct 2024

Integrating Doctrine & Diversity Speaker Series: Owning Our Values: Supplementing Our Textbooks For Those Engaged In Social Justice, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


24th Annual Rwu Law Alumni Association Scholarship Golf Tournament August 23, 2024, Roger Williams University School Of Law Oct 2024

24th Annual Rwu Law Alumni Association Scholarship Golf Tournament August 23, 2024, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Professor Anthony J. Santoro Business Law Lecture Series: Navigating The Impact Of Cfius On M&A And Investment Activity 10/17/24, Roger Williams University School Of Law Oct 2024

Professor Anthony J. Santoro Business Law Lecture Series: Navigating The Impact Of Cfius On M&A And Investment Activity 10/17/24, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Maurer School Of Law Professor, Iu Vice President Elected President Of The American Society Of Comparative Law, James Owsley Boyd Oct 2024

Maurer School Of Law Professor, Iu Vice President Elected President Of The American Society Of Comparative Law, James Owsley Boyd

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

The American Society of Comparative Law has elected Indiana University Maurer School of Law Professor Hannah L. Buxbaum as its next president, the organization announced last week at its annual meeting.

Buxbaum is an internationally recognized scholar in the areas of private international law and international litigation and jurisdiction, and has most recently served as vice president of the ASCL. She is the John E. Schiller Chair in Legal Ethics at the Law School as well as Indiana University’s Vice President for International Affairs.


U.S. Court Of Appeals For The Seventh Circuit To Hold Oral Argument At The Maurer School Of Law, James Owsley Boyd Oct 2024

U.S. Court Of Appeals For The Seventh Circuit To Hold Oral Argument At The Maurer School Of Law, James Owsley Boyd

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

A three-judge panel of the United States Court of Appeals for the Seventh Circuit—one of 13 appellate courts of the United States federal judiciary—will hear oral argument at the Indiana University Maurer School of Law on Thursday, October 24.

The arguments are scheduled to begin at 9:30 a.m. in the Law School’s DeLaney Moot Court Room. The proceedings are open to the public, with seating available on a first-come, first-served basis starting at 9 a.m. An overflow room will be available if needed. The arguments are expected to conclude by 12:30 p.m.

“The Seventh Circuit Court of Appeals has a …


Opening Brief For Plaintiff-Appellant Brandon Velez, Stephen T. Martin, Seth J. Hipple, Madeline H. Meth, Elise Chigier, Bilal Mubarack, Daniel Siemers Oct 2024

Opening Brief For Plaintiff-Appellant Brandon Velez, Stephen T. Martin, Seth J. Hipple, Madeline H. Meth, Elise Chigier, Bilal Mubarack, Daniel Siemers

Faculty Scholarship

Reasons Why Oral Argument Should Be Heard: Oral argument would significantly aid this Court. This appeal presents important questions about what constitutes excessive force, retaliatory arrest, and unlawful failure to train police officers. Oral argument would allow the Court to investigate the complex facts at issue and the elements of these claims.


A Reply To David Jones, Dennis M. Patterson Oct 2024

A Reply To David Jones, Dennis M. Patterson

Maine Law Review

During my years of practice in Maine, I had the pleasure of litigating most of the issues discussed in my book, Maine Debtor-Creditor Law, with many members of Maine's fine commercial and bankruptcy law bar. Among the lawyers with whom I litigated these questions is David Jones. In fact, one of the cases we litigated, a particularly thorny foreclosure action, was the impetus of an article that became portions of two of the chapters in my book. It is against this background that I was pleased to learn that one of my old adversaries from practice had agreed to review …


New York’S Unregulated Litigation Lending Industry, Heather R. Abraham, Maura Graham Oct 2024

New York’S Unregulated Litigation Lending Industry, Heather R. Abraham, Maura Graham

Other Scholarship

No abstract provided.


Cameras In Maine's Courts: Has The Time Come? Will It Ever?, Joseph M. O'Connor Oct 2024

Cameras In Maine's Courts: Has The Time Come? Will It Ever?, Joseph M. O'Connor

Maine Law Review

Should television cameras be allowed in Maine's courtrooms? The answer to this question implicates policies involving the rights of parties, witnesses, the media, and the public. Nearly ten years ago, the Supreme Court ruled conclusively that there is no constitutional impediment to allowing television coverage of trials in state courts. Since then, the majority of states have promulgated rules, with greater or lesser degrees of restriction, allowing television coverage of proceedings in their courts. This trend has not abated; with the adoption of audio-visual coverage rules by the Vermont Supreme Court in 1989, Maine is now the only New England …


Legislative Ethics: Improper Influence By A Lawmaker On An Administrative Agency, Mark W. Lawrence Oct 2024

Legislative Ethics: Improper Influence By A Lawmaker On An Administrative Agency, Mark W. Lawrence

Maine Law Review

Moral and ethical dilemmas are inherent in the legislative process. Representative democracy raises a fundamental ethical conflict for lawmakers: choosing between representing constituent views or following personal convictions. Recent moral crises of elected officials have demonstrated the complex, diverse, and problematic nature of political ethics, yet the belief that these guardians of the public trust must successfully distinguish among the subtle distinctions of political ethics remains an integral tenet of American political thought. One of the most perplexing moral dilemmas a legislator faces is deciding what degree of influence can be exerted on an administrative agency to obtain a result …


Solicitation By Lawyers: Piercing The First Amendment Veil, Louise L. Hill Oct 2024

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 …


Managing Mental Health: Attorneys And Cardozo Professors Share Their Experiences, Cardozo Office Of Student Services & Advising Oct 2024

Managing Mental Health: Attorneys And Cardozo Professors Share Their Experiences, Cardozo Office Of Student Services & Advising

2024–2025 Flyers

No abstract provided.


Changemaker: Samuel Filiaggi: Juris Doctorate: The Powerful Combination Of Representation And Advocacy 10-7-2024, Danna Lorch, Roger Williams University School Of Law Oct 2024

Changemaker: Samuel Filiaggi: Juris Doctorate: The Powerful Combination Of Representation And Advocacy 10-7-2024, Danna Lorch, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Law School News: The Powerful Combination Of Representation And Advocacy 10-7-2024, Danna Lorch Oct 2024

Law School News: The Powerful Combination Of Representation And Advocacy 10-7-2024, Danna Lorch

Life of the Law School (1993- )

No abstract provided.


A Feedback Loop Of Exclusion: The Treatment Of Bilingualism In The Courtroom, Simone Stover Oct 2024

A Feedback Loop Of Exclusion: The Treatment Of Bilingualism In The Courtroom, Simone Stover

Northwestern University Law Review

In the 1991 case Hernandez v. New York, the United States Supreme Court characterized bilingualism as a race-neutral trait that can be used to exclude individuals from jury service. This Note proceeds by demonstrating how the current state of the law undermines the interests of bilingual individuals and then proposes a solution. Focusing specifically on Hispanic bilingual Spanish speakers, this Note first employs Professor Jennifer Lackey’s multi-directional credibility model to show that bilingual Spanish speakers suffer injustice in the courtroom due to both credibility deficits and excesses. Following this analysis, it proposes a possible solution to this issue: an …


Oliva Elected To American Law Institute, James Owsley Boyd Oct 2024

Oliva Elected To American Law Institute, James Owsley Boyd

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

Jenn Oliva, Professor of Law and Val Nolan Faculty Fellow, has been elected to the American Law Institute, the organization announced yesterday (Oct. 4).

She becomes the 18th member of the Indiana University Maurer School of Law faculty to earn the prestigious recognition.

“This is a tremendous honor for Professor Oliva and we are proud to have her on our faculty,” said Indiana Law Dean Christiana Ochoa, who holds an ex officio role with the ALI. “Since Jenn joined us in 2023 she’s quickly become an invaluable member of the Maurer community and we’re thrilled to see her recognized.”


Information Accountability Foundation Names Two Maurer Faculty To Leadership Positions, James Owsley Boyd Oct 2024

Information Accountability Foundation Names Two Maurer Faculty To Leadership Positions, James Owsley Boyd

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

he Information Accountability Foundation (IAF) has appointed two Indiana University Maurer School of Law faculty to lead the organization.

Fred H. Cate, a distinguished professor and C. Ben Dutton Professor of Law, was named the nonprofit think tank’s new executive director, while Stan Crosley, an adjunct faculty member and 1994 graduate of the Law School, was appointed chief policy strategist.

Founded in 2013, the IAF works with global regulators and industry executives to promote organizational accountability, data stewardship, and data ethics. Its mission is to help regulators and responsible companies better understand the challenges around Artificial Intelligence and data governance …


A Century Of Scholarship: University Of Arkansas School Of Law Faculty Scholarship 1924–2023, Steven R. Probst Oct 2024

A Century Of Scholarship: University Of Arkansas School Of Law Faculty Scholarship 1924–2023, Steven R. Probst

Arkansas Scholarly Editions

Steven R. Probst’s bibliography A Century of Scholarship: University of Arkansas School of Law Faculty Scholarship 1924–2023 marks an important anniversary: the 2024 centennial of the U of A School of Law. To honor this occasion, Probst has assembled, through extensive archival research, the list of publications that U of A law faculty have authored over the course of the school’s hundred-year history. A Century of Scholarship is a testament to the invaluable scholarly contributions of these extraordinary thinkers who have shaped our legal landscape.


Nebraska Transcript (University Of Nebraska College Of Law), Fall 2024 Oct 2024

Nebraska Transcript (University Of Nebraska College Of Law), Fall 2024

Nebraska Transcript

Dean’s Message

Alumni Master Jonathan Hatami, ’02, gives a voice to children in court

Ledford, ’25, leads OUTLaw with compassion in mind

Four Nebraska Law students attend Ms. JD Leadership Academy Intensive

Brummond named recipient of Limitless Leadership Award

Black Law Student Association champions representation in the legal profession

Professor Brandon Johnson: examining electoral jurisprudence

Suggs, ’79, reflects on Lennon case after nearly 45 years

Nebraska Law introduces new peer-reviewed law journal

Generations of Law graduates recognized with Nebraska Alumni Association Family Tree Award

Nebraska Law Review hosts symposium on democracy and trust

Cole leads establishment of Nebraska Innocence Clinic …


Client Confidentiality As Data Security, Jonah E. Perlin Oct 2024

Client Confidentiality As Data Security, Jonah E. Perlin

Washington Law Review

The duty of confidentiality has been a cornerstone of the attorney-client relationship for more than four centuries. Historically, this duty was not difficult to discharge. All a lawyer had to do to comply was not affirmatively share client information in public without consent. But that has all changed. The same technologies that provide unprecedented benefits of authorized access by lawyers and their clients create unprecedented risks of unauthorized access by others. As a result, although the duty of confidentiality was once synonymous with a duty to keep client confidences secret, today the duty necessitates that lawyers keep client confidences secure …


Remembering Robert H. Mckinney, James Owsley Boyd Oct 2024

Remembering Robert H. Mckinney, James Owsley Boyd

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

The Maurer School of Law is mourning the passing of its graduate Robert H. McKinney, a visionary attorney, businessman, civic leader, and philanthropist, who died over the weekend at his home in Michigan. He was 98.

McKinney enrolled at the IU School of Law in Indianapolis after his World War II duties, but was recalled to active duty during the Korean War. McKinney transferred to IU’s law school in Bloomington, where he graduated in 1952.

He remained actively involved with both law schools—and the university—for more than 70 years. In 2011 the IU School of Law in Indianapolis was renamed …


Fall 2024 Oct 2024

Fall 2024

Ergo

No abstract provided.


An Updated Practical Guide To Taking And Defending Depositions, Gary S. Gildin Oct 2024

An Updated Practical Guide To Taking And Defending Depositions, Gary S. Gildin

Dickinson Law Review (2017-Present)

The deposition offers a singular opportunity to handcuff the deponent to an irreversible script. Consequently, both the attorney taking the deposition and defending counsel must prepare for and conduct the deposition with equal if not greater care than the trial.

Traditionally, lawyers have used the deposition to discover facts relating to the legal elements and the credibility, perception, and recollection of the witness. However, recent breakthroughs in neuroscience as to how the brain makes decisions have revealed a different genre of evidence that will drive how the trier of fact will decide the case. Today an attorney taking a deposition …


Discrimination, Model Rule 8.4(G), And The Aba’S Quixotic Quest For Uniformity, Alex B. Long Oct 2024

Discrimination, Model Rule 8.4(G), And The Aba’S Quixotic Quest For Uniformity, Alex B. Long

Washington and Lee Law Review

Under American Bar Association (“ABA”) Model Rule 8.4(g), it is professional misconduct for a lawyer to engage in conduct related to the practice of law that the lawyer knows, or reasonably should know, is harassment or discrimination on the basis of race and other protected characteristics. Widespread concerns over the breadth and lack of clarity concerning the rule have triggered substantial criticism, including the refusal of multiple states to adopt this model rule. Instead, several states have responded by introducing alternative versions of Model Rule 8.4(g) or by applying older rules of professional conduct in the case of discriminatory speech …


Standing For Change: Associational Standing As An Aggregational Mechanism In Tenants' Rights, Hope Peraria Oct 2024

Standing For Change: Associational Standing As An Aggregational Mechanism In Tenants' Rights, Hope Peraria

Cardozo Journal of Equal Rights & Social Justice

The note argues that tenant associations can serve as an effective vehicle for aggregate lawsuits to vindicate tenants' rights, addressing the persistent enforcement gap in housing rights. By leveraging associational standing, these associations can advocate for shared interests, facilitate community organizing, and complement legal reforms. This approach not only strengthens tenants' collective power but also offers practical solutions to systemic barriers that prevent individuals from asserting their rights.


Law School News: From Ideas To Political Action 10-2024, Roger Williams University School Of Law Oct 2024

Law School News: From Ideas To Political Action 10-2024, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


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 Oct 2024

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 Oct 2024

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 Oct 2024

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 Oct 2024

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 …