Legal Education Commons^™

Preparing Future Lawyers To Draft Contracts And Communicate With Clients In The Era Of Generative Ai, Kristen Wolff

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Raising The Bar: The Nextgen Bar Exam And Contract Drafting, Susan M. Chesler, Karen J. Sneddon

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Ok, Computer: Harnessing Ai In Contracts To Change How Our Students Will Practice And How We Will Teach, Mark E. Need

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Teaching Transactional Business Law Through Campus And Community Partnerships, Joan Macleod Heminway, Brian Kingsley Krumm

Transactions: The Tennessee Journal of Business Law

No abstract provided.

How To Make Transactional Classes More Engaging And Practical With Blended Learning And Flipped Classrooms: A Practical Framework And A Look At The University Of Miami School Of Law’S Innovative Approach, Marcia Narine Weldon, Ian Nelson

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Introducing Law Students To Transactional Practice: From Using Precedent To Closing The Deal, Ben Fernandez

Transactions: The Tennessee Journal of Business Law

No abstract provided.

A Tribute To Professor Marjorie Corman Aaron Upon Her Retirement, Sandra F. Sperino

Faculty Publications

No abstract provided.

The Need For Corporate Guardrails In U.S. Industrial Policy, Lenore Palladino

Seattle University Law Review

U.S. politicians are actively “marketcrafting”: the passage of the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act collectively mark a new moment of robust industrial policy. However, these policies are necessarily layered on top of decades of shareholder primacy in corporate governance, in which corporate and financial leaders have prioritized using corporate profits to increase the wealth of shareholders. The Administration and Congress have an opportunity to use industrial policy to encourage a broader reorientation of U.S. businesses away from extractive shareholder primacy and toward innovation and productivity. This Article examines discrete opportunities within the …

Securities Regulation And Administrative Deference In The Roberts Court, Eric C. Chaffee

Seattle University Law Review

In A History of Securities Law in the Supreme Court, A.C. Pritchard and Robert B. Thompson write, “Securities law offers an illuminating window into the Supreme Court’s administrative law jurisprudence over the last century. The securities cases provide one of the most accessible illustrations of key transitions of American law.” A main reason for this is that the U.S. Securities and Exchange Commission (SEC) is a bellwether among administrative agencies, and as a result, A History of Securities Law in the Supreme Court is a history of administrative law in the Supreme Court of the United States as well.

Delegated Corporate Voting And The Deliberative Franchise, Sarah C. Haan

Seattle University Law Review

Starting in the 1930s with the earliest version of the proxy rules, the Securities and Exchange Commission (SEC) has gradually increased the proportion of “instructed” votes on the shareholder’s proxy card until, for the first time in 2022, it required a fully instructed proxy card. This evolution effectively shifted the exercise of the shareholder’s vote from the shareholders’ meeting to the vote delegation that occurs when the share-holder fills out the proxy card. The point in the electoral process when the binding voting choice is communicated is now the execution of the proxy card (assuming the shareholder completes the card …

Capitalism Stakeholderism, Christina Parajon Skinner

Seattle University Law Review

Today’s corporate governance debates are replete with discussion of how best to operationalize so-called stakeholder capitalism—that is, a version of capitalism that considers the interests of employees, communities, suppliers, and the environment alongside (if not before) a company’s shareholders. So much focus has been dedicated to the question of capitalism’s reform that few have questioned a key underlying premise of stakeholder capitalism: that is, that competitive capitalism does not serve these various constituencies and groups. This Essay presents a different view and argues that capitalism is, in fact, the ultimate form of stakeholderism. As such, the Essay urges that the …

The Esg Information System, Stavros Gadinis, Amelia Miazad

Seattle University Law Review

The mounting focus on ESG has forced internal corporate decision-making into the spotlight. Investors are eager to support companies in innovative “green” technologies and scrutinize companies’ transition plans. Activists are targeting boards whose decisions appear too timid or insufficiently explained. Consumers and employees are incorporating companies sustainability credentials in their purchasing and employment decisions. These actors are asking companies for better information, higher quality reports, and granular data. In response, companies are producing lengthy sustainability reports, adopting ambitious purpose statements, and touting their sustainability credentials. Understandably, concerns about greenwashing and accountability abound, and policymakers are preparing for action.

In this …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Marijuana Insurgency: Federalism And Social Reframing In Policy Reform, Matthew P. Cavedon

Seattle University Law Review

After fifty years of federal prohibition, marijuana reform efforts have won political and legal success. These victories hold lessons for anyone seeking to resist federal law without being able to directly affect it.

Victory can come from reframing an issue. For marijuana reform, social reframing—not formal legal analysis or material factors—provides the best explanation for how advocates achieved change. Their unconventional political tactics, akin to those used by insurgents in wartime, undercut federal prohibition by winning hearts and minds.

This is an analysis of the sociology of legal change. It is also the story of how ordinary Americans retook personal …

Navigating Legal Ethics And Law School Curricula: Attempting To Find Technology Competency Without A Compass, Jessica De Perio Wittman, Kathleen (Katie) Brown

Faculty Articles and Papers

Comment 8 of Model Rule 1.1 of the Professional Rules of Conduct requires attorneys to be ethically accountable for technology competence. However, the drafting of the language of Rule 1.1 is vague. As a result, attorneys, law firms, and law schools apply Rule 1.1 differently and emphasize topics they deem most important. Per American Bar Association (ABA) Standard 301, law schools must maintain a rigorous program of legal education that prepares their students for effective, ethical, and responsible participation as members of the legal profession. Law schools have summarily responded to Rule 1.1 and Standard 301 by adding and offering …

Helping Students To Organize Their Thoughts About The Erie Doctrine, William Casto

Indiana Law Journal

This little Essay presents a framework for teaching the Erie Doctrine. It is not a grand analysis of the federal courts’ puzzle. It does not even offer a wondrously insightful vision of one of the puzzle’s colorful pieces. Rather, the purpose is quite modest. The essay simply aims to help students to organize their thoughts about whether a particular legal issue is governed by state or federal law. Given the Essay’s limited and wholly heuristic purpose, the usual endless parade of all possible cases and the careful rehearsal of exquisite and finely-tuned factors and considerations are eschewed.

Gender And Incivility In A Law School Moot Court Competition, Frank Rosenblatt, Irene Victoria Massimino

Journal Articles

The authors recently coached a team in a law school moot court competition that featured troublesome behavior from several male judges towards the female participants. This post first describes the competition and what happened. It then considers how this example speaks to larger truths about gender and incivility in litigation particularly, and the legal profession generally.

Lists In Legal Drafting: How Brain Science Can Help Student Drafters Produce Documents That Are Easier To Read And Comprehend, Karin Mika

Law Faculty Articles and Essays

Lists play an important role in legal drafting of every type. A list helps the reader break down larger pieces of information, and a well-constructed list's visuals can aid in comprehension. A good list can also head off future legal disputes by making it easier for all parties to read and understand its contents. But a list, in and of itself, is not beneficial unless it is organized in such a way that the brain can easily group like items. By understanding the basics of how the brain processes information, the legal writer can better understand how to group pieces …

Standard 303 And The Development Of Student Professional Identity: A Framework For The Intentional Exploration Of The Profession's Core Values, Neil Hamilton, Jerome M. Organ, David Grenardo, Louis D. Bilionis, Barbara Glesner Fines, Kendall L. Kerew

Faculty Works

No abstract provided.

Holdings As Hypotheses: Teaching Contextual Understanding And Enhancing Engagement, Lisa M. De Sanctis

UF Law Faculty Publications

When the Pinball Wizard asked his well-timed question, he not only lit up the 1L classroom with a cacophony of opinions but also illuminated deep confusion about the meaning of, and distinctions between, “rules” and “holdings.”

The practice of both oversimplifying and conflating the parts of a judicial opinion, particularly rules and holdings, is common among law professors, law school success materials, and, to an extent, even legal writing texts. Coupled with the novice law student’s search for right answers and found meaning, 1Ls often find themselves understandably frustrated and confused. This Article argues that the resulting confusion about rules …