Legal Profession Commons^™

A Blueprint To Reclaim Legal Education From External Rankers, Scott Rempell

Seattle University Law Review

The U.S. News & World Report (U.S. News) law school rankings have impacted the perceptions and behaviors of everyone in the rankings ecosystem for decades. Commentators have almost universally condemned these ordinal rankings, yet they continue to influence the legal education market, often in highly detrimental ways.

The influence of these rankings stems from legitimate market demands, for reasons that the psychology of choice literature makes clear. People want (or need) to efficiently acquire and digest information that could help them make consequential decisions. At a time when consumers of law school information did not have such choice-making assistance, U.S. …

Prejudice Standards In Washington’S Appellate Courts, Andrew B. Van Winkle

Seattle University Law Review

When an appellate court finds an error to have occurred during a proceeding, the error is not yet subject to correction. In order to merit a remedy, the error must have been sufficiently prejudicial to the aggrieved party’s case. Drawing the line between correctable and non-correctable errors is not an easy task, for it often requires guessing at what was in the minds of jurors and trial judges. To cope with this task, courts have devised various rules and tests for deciding whether an error was likely prejudicial or not. These standards often go by names such as “harmless error,” …

Real-World Consequences For Online Actions: The Case For Expanding Employee Harassment Protection Via Employers’ Rights Of Action, Alexander Barnes

Seattle University Law Review

This Note argues for expanding employers’ access to legal remedies that allow them to recoup the costs of protecting their employees from swatting, doxing, and other online harassment arising from their employees’ professional activity. Part I provides a brief description and history of the online harassment problem and its potentially deadly dangers. Part II describes employers’ legal responsibility to take action to protect their employees from harassment aimed at their employees within the scope of their employment. Part III explores common legal remedies that are currently available to employers, using the state of Washington as an example. Part III also …

Foreseeability And Duty In Washington Negligence Law: Leaving The Road Less Traveled By, Leo Linder

Seattle University Law Review

Washington negligence law is a confusing labyrinth of foreseeability that not even Ariadne’s string could guide plaintiffs out of. Foreseeability is implicated in four distinct analyses, several of which overlap considerably. Doctrines that were once questions of law are now questions of fact, and vice versa. Something needs to change.

Washington has taken the novel approach of bifurcating the duty element into two parts—duty’s mere existence, which is a question of law for the court to determine; and duty’s scope, which is a question of fact handed off to the jury to determine. Foreseeability impacts both of these assessments, but …

Barrier Breakers: Celebrating The Rhode Island Supreme Court’S First Female Majority, Kailey E. Chalmers

Roger Williams University Law Review

No abstract provided.

Representing Trauma: Empathy, Sexual Violence, And Secondary Trauma In Courtrooms And Classrooms, Dr. Laura Mattoon D’Amore

Roger Williams University Law Review

No abstract provided.

Innovative Approaches To On-Demand Continuing Legal Education Ethics Training: A Case Study, Tigran W. Eldred, Molly J. Walker Wilson

Faculty Scholarship

In the ongoing discussions about continuing legal education (CLE), concerns have been raised about the quality of programming that is created and delivered. Critics have emphasized the weaknesses in mandatory programs, arguing that requiring annual training on topics such as legal ethics tends to fall short of stated goals.¹ Too often, it is said, such programs fail to deliver content in an engaging manner that is likely to improve competence.² The picture conjured up is of the bored lawyer, sitting in the back of a room flipping through a newspaper or some other distraction, as CLE instructors passively …

Moving Beyond Statements And Good Intentions In U.S. Law Schools, Angela Onwuachi-Willig

Faculty Scholarship

This Article seeks to answer these questions about how law school leaders might help to cultivate antiracist cultures within their law schools, among their students, and across the legal profession, even in the face of a growing national backlash against antiracism, diversity, equity, and inclusion.³² Part I first establishes why it is important for law schools to "provide [an] education to law students on bias, cross-cultural competency, and racism," as the American Bar Association (ABA) requires, and to train future lawyers who have the abilities to combat racism. ³³ In so doing, Part I defines key terms such as …

To Legitimacy And Beyond: A Reform Agenda To Restore Public Confidence In The Federal Courts, Charles G. Geyh

Articles by Maurer Faculty

The article begins by describing he ongoing cycle of anti-court sentiment directed at the federal courts. It situates that cycle in historical context, to the end of showing how independence norms have evolved to constrain more draconian efforts to curb the courts in those cycles. The article then explains why the latest cycle is unusually aggressive and why norms that have protected the judiciary’s independence for generations may be at risk if public skepticism of the courts reaches the point of undermining the judiciary’s perceived legitimacy. Next, the article sorts through the definitional clutter that complicates assessments of whether the …

Large Language Models: Ai's Legal Revolution, Adam Allen Bent

Pace Law Review

This article contemplates and advocates for the use of Artificial Intelligence (“AI”) through Large Language Models (“LLM”) in legal practice. The author ultimately addresses the need to orient LMMs within varying legal contexts including academia, private practice, as well as the U.S. court system. Additionally, the author emphasizes the inevitability of AI and LLM systems infiltrating legal practice, and the reality that the industry must acknowledge and accept these systems to regulate and to provide better while still ethical legal services. Large Language Models: AI’s Legal Revolution, begins by walking the reader through the history of technological innovation of AI, …

Law School News: For 30 Years: A Justice-Centered Mission 12-19-2023, Helga Melgar

Life of the Law School (1993- )

No abstract provided.

Clark Memorandum: Fall 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Five Ways Law School Contributes to Life’s True Purpose
• Faith in Law: A Q&A with President Dallin H. Oaks
• Personal Religious Conviction and the Practice of Law

Investigating The Benefits Of Live Remote Proctoring, State Bar Of California

Grantee Research

This research project evaluated the Live Remote Proctoring (LRP) for the First-Year Law Students’ Examination (FYLSX) in terms of test performance, examinee experience, and exam violation incidents.

Utilizing LRP in the October 2022 FYLSX, the study compared this session to 20 previous exams spanning from 2012 to 2022 and analyzed post-exam feedback and violation reports. The findings indicate that LRP did not conclusively outperform previous remote testing modalities in terms of exam performance. While there was a modest improvement in pass rates, it fell within the expected range of historical fluctuations, suggesting that LRP may not have been the influencing …

Foreword, The Honorable L. A. Harris Jr.

University of Richmond Law Review

“Your writing is so bad you will not be considered for Law Review and there is some question about your admittance to Law School.”

Life is strange and ironic. In 1974 as a second year law student at the T. C. Williams School of Law at the University of Richmond, I was invited to submit an article to determine if I would be permitted to serve on the Law Review. A member of the Law Review evaluated my article and met with me. In summation he said my writing was so bad that I would not be considered for Law …

A Perfect Storm For Legal Education: Privatization, Polarization, And Pedagogy, Rachel F. Moran

Faculty Scholarship

Today, the legal profession faces new challenges to its integrity and legitimacy due to technological change, rising political polarization, and a stratified bar. In this Article, I first explore how technological innovations are undermining lawyers’ claims to a unique monopoly based on expert professionalism. These technologies are designed to transform routinized law practice in ways that improve efficiency. With little focus on attorneys’ obligations to serve the greater good, technology entrepreneurs emphasize practical advantages over traditional forms of representation. These proponents promise reduced costs and superior results through a single-minded commitment to market dynamics. Those promises in turn depend on …

Roger Williams University School Of Law Alumni Association 2023 Holiday Reception, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Roger Williams University School Of Law Alumni Association 2023 Holiday Reception, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Vol. 65, No. 13 (November 20, 2023)

Indiana Law Annotated

No abstract provided.

Why The Dobbs Draft Release Makes It Tougher To Teach Legal Ethics, Lynne Marie Kohm

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.

Vol. 65, No. 12 (November 13, 2023)

Indiana Law Annotated

No abstract provided.

To Write Or Not To Write: The Ethics Of Judicial Writings And Publishing, Nick Badgerow, Michael Hoeflich, Sarah Schmitz

St. Mary's Journal on Legal Malpractice & Ethics

Judges are bound by the Model Code of Judicial Conduct promulgated by the American Bar Association and adopted most states, including the federal judiciary. Within these rules governing judicial conduct, Judges owe duties to the public and to their calling, to be (and appear to be) objective, fair, judicious, and independent. When judges venture into the realm of extrajudicial writing—in the form of fiction novels, short stories, legal books, children’s books, and the like—they must consider the ethical bounds of that expression. The Model Code of Judicial Conduct imposes five main constraints upon extrajudicial writings: (a) a judge may not …

Vol. 65, No. 11 (November 6, 2023)

Indiana Law Annotated

No abstract provided.

2023 Women In Robes, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Symposium On Transformative Gender Law: A Roger Williams Law Review Event 11-3-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

7th Annual Stonewall Lecture Series - The Battle For Pride: Yesterday, Today & Tomorrow 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Learning To Do Good While Doing Well 11-2023, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Vol. 65, No. 10 (October 30, 2023)

Indiana Law Annotated

No abstract provided.

Vol. 65, No. 09 (October 23, 2023)

Indiana Law Annotated

No abstract provided.

Law School News: A Courtroom Drama Worth Watching 10-22-2023, Suzi Morales

Life of the Law School (1993- )

No abstract provided.

Vol. 65, No. 08 (October 16, 2023)

Indiana Law Annotated

No abstract provided.