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Beavor V. Tomsheck, 138 Nev. Adv. Op. 71 (Nov. 10, 2022), Genell Maggiacomo 2023 University of Nevada, Las Vegas -- William S. Boyd School of Law

Beavor V. Tomsheck, 138 Nev. Adv. Op. 71 (Nov. 10, 2022), Genell Maggiacomo

Nevada Supreme Court Summaries

In an opinion written by Justice Hardesty, the Nevada Supreme Court evaluated whether assignment of proceeds towards an opponent in the same litigation where the legal malpractice arose is valid. The Nevada Supreme Court held that it is invalid because of the violation of public policy. The Court followed the precedent set out in Tower Homes, LLC v. Heaton, which held that assignments for legal malpractice claims prohibited public policy. The Court held that the district court ruled correctly by invalidating the assignment. However, an invalid assignment would not preclude an injured client from pursuing a legal malpractice claim where …


Human Rights And Lawyer’S Oaths, Lauren E. Bartlett 2023 Saint Louis University School of Law

Human Rights And Lawyer’S Oaths, Lauren E. Bartlett

All Faculty Scholarship

Each lawyer in the United States must take an oath to be licensed to practice law. The first time a lawyer takes this oath is usually a momentous occasion in their career, marked by ceremony and celebration. Yet, many lawyer’s oaths today are unremarkable and irrelevant to modern law practice at best, and at worst, inappropriate, discriminatory, and obsolete. Drawing on a fifty-state survey of lawyer’s oaths in the United States, this article argues that it is past time to update lawyer’s oaths in the United States and suggests drawing on human rights to make lawyer’s oaths more accessible and …


Contempt Power And The United States Courts, Joshua Carback 2023 Mitchell Hamline School of Law

Contempt Power And The United States Courts, Joshua Carback

Mitchell Hamline Law Journal of Public Policy and Practice

Contempt power is one of the most important legacies of English common law in federal common law. Substantively, the contempt power of the United States Courts is relatively similar to that employed by the Court of King’s Bench in the eighteenth century. Procedurally, however, it is quite different. The Rules Enabling Act of 1934 created an interbranch framework for crafting procedural rules for the United States Courts. All three branches of the federal government collaborated under that framework with the intention of rationalizing, systemizing, and delimiting the boundaries of contempt power. The culmination of decades of strenuous rulemaking, unfortunately, was …


A Qualitative Method For Investigating Design, Jessica Silbey, Mark P. McKenna 2023 Boston University School of Law

A Qualitative Method For Investigating Design, Jessica Silbey, Mark P. Mckenna

Faculty Scholarship

This chapter describes our qualitative study of designers and design practice. It situates the study in the broader field of empirical studies of intellectual property, and it describes in detail the methodology and benefits of a qualitative interview study of designers and design practice to shed light on some of the persistent puzzles in design law. The chapter focuses on four lines of inquiry: defining “design” and “design practice” from within the profession; exploring the various inputs to design practice and the process of “problem solving” designers pursue; understanding what “integrated” form and function mean to designers; and explaining the …


A Mixed Bag: Critical Reflections On The Revised Ethical Principles For Judges, Richard Devlin, Jula Hughes, Pooja Parmar, Stephen GA Pitel, Amy Salyzyn 2022 Dalhousie University - Schulich School of Law

A Mixed Bag: Critical Reflections On The Revised Ethical Principles For Judges, Richard Devlin, Jula Hughes, Pooja Parmar, Stephen Ga Pitel, Amy Salyzyn

Articles, Book Chapters, & Popular Press

In 2021 the Canadian Judicial Council completed a multi-year review and update of Ethical Principles for Judges (EPJ), the ethical and professional guidance for all federally-appointed judges in Canada. The revisions address issues such as case management and settlement conferences, technological competence and the use of social media, interactions with self-represented litigants, professional development for judges, confidentiality, and the return of former judges to the practice of law. In this article, five directors of the Canadian Association for Legal Ethics/Association canadienne pour l’éthique juridique analyze the revised EPJ and offer their observations.

The article covers five important topics. On impartiality, …


Legal Ethics, Patrick Emery Longan 2022 Mercer University School of Law

Legal Ethics, Patrick Emery Longan

Mercer Law Review

This Survey covers the period from June 1, 2021 to May 31, 2022. The Article discusses developments with respect to attorney discipline, bar admission, malpractice and other civil claims, ineffective assistance of counsel, disqualification of counsel, contempt, prosecutorial misconduct, judicial conduct, amendments to the Georgia Rules of Professional Conduct, and formal advisory opinions of the State Bar of Georgia Formal Advisory Opinion Board.


Law Is Not Enough, Neil S. Siegel 2022 Ohio Northern University

Law Is Not Enough, Neil S. Siegel

Ohio Northern University Law Review

No abstract provided.


Law School Rankings And The Impossibility Of Anti-Racism, Rory D. Bahadur 2022 Washburn University School of Law

Law School Rankings And The Impossibility Of Anti-Racism, Rory D. Bahadur

St. Mary's Law Journal

This Article uses the U.S. News law school rankings to illustrate how powerful, invisible, and stubborn systemic racism is. This Article does not level allegations of intentionally blameworthy conduct at U.S. News, or any person or entity. More broadly, this Article does not address conscious and deliberate racism, or the examples of this type of racism with which America’s history is replete. Nor is this Article attempting to undervalue the significant impact of deliberately racist actions in American history on the economic disparity between white people and people of color.

Instead, I make an untrue assumption: All Americans of every …


Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier 2022 Villanova University Charles Widger School of Law

Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier

Villanova Environmental Law Journal

No abstract provided.


Teaching Case Theory, Binny Miller 2022 American University Washington College of Law

Teaching Case Theory, Binny Miller

Articles in Law Reviews & Other Academic Journals

As the key means of framing a case, case theory is the central problem that lawyers confront in constructing a case, and many of the decisions made during the life of a case are decisions that rest on case theory. Building on the author's earlier scholarship on case theory, this essay articulates a concept of case theory called "storyline," and sets out a framework for teaching this concept. The framework for this process has three basic stages - imagining case theory, evaluating (and constructing) case theory, and choosing case theory. The material for this process is stories, which are the …


Public Client Contingency Fee Contracts As Obligation, Seth Mayer 2022 University of Michigan Law School

Public Client Contingency Fee Contracts As Obligation, Seth Mayer

Michigan Law Review

Contingency fee contracts predicate an attorney’s compensation on the outcome of a case. Such contracts are widely accepted when used in civil litigation by private plaintiffs who might not otherwise be able to afford legal representation. However, such arrangements are controversial when government plaintiffs like attorneys general and local governments retain private lawyers to litigate on behalf of the public in return for a percentage of any recovery from the lawsuit. Some commentators praise such public client contingency fee contracts, which have become commonplace, as an efficient way to achieve justice. Critics, however, view them as corrupt, undemocratic, and unethical. …


Hermeneutics For Legal Research And Analysis, Konstantin G. Vertsman 2022 Nanjing University, China

Hermeneutics For Legal Research And Analysis, Konstantin G. Vertsman

St. Mary's Law Journal

No abstract provided.


Marijuana Legalization: Child-Centered Considerations In Texas Family Law Matters, Julie Whitson 2022 St Mary's University

Marijuana Legalization: Child-Centered Considerations In Texas Family Law Matters, Julie Whitson

St. Mary's Law Journal

No abstract provided.


The Deep South’S Constitutional Con, Lynn Uzzell 2022 St Mary's University

The Deep South’S Constitutional Con, Lynn Uzzell

St. Mary's Law Journal

No abstract provided.


The Dark Side Of Due Process: Part Ii, Why Penumbral Rights And Cost/Benefit Balancing Tests Are Bad, Joshua J. Schroeder 2022 St Mary's University

The Dark Side Of Due Process: Part Ii, Why Penumbral Rights And Cost/Benefit Balancing Tests Are Bad, Joshua J. Schroeder

St. Mary's Law Journal

No abstract provided.


Inter-Circuit Judicial Splits Surrounding The Class Action Fairness Act’S “Local Single Event” Exception—A Proposal To Resolve The Confusion, Odalys Vielma 2022 St Mary's University

Inter-Circuit Judicial Splits Surrounding The Class Action Fairness Act’S “Local Single Event” Exception—A Proposal To Resolve The Confusion, Odalys Vielma

St. Mary's Law Journal

No abstract provided.


Can Affordable Homes Be Healthy? Legal Strategy, Socio-Legal Studies And Activism In Indonesia, Santy Kouwagam 2022 Stichting Socio-Legal Consulting & Van Vollenhoven Institute

Can Affordable Homes Be Healthy? Legal Strategy, Socio-Legal Studies And Activism In Indonesia, Santy Kouwagam

The Indonesian Journal of Socio-Legal Studies

This article uses two Constitutional Court decisions in Indonesia to exemplify the importance of analysing legal strategies. These decisions declared a rule barring developers from building and selling tiny houses to be unconstitutional and invalid. The article shows that ‘justice’ in legal procedures still needs further definition, and that judges’ elaboration of decisions and their legal reasoning still needs improvement. The article will first discuss the cases, using Legal Strategy analysis. It will then highlight problems with the commoditisation of houses. Finally, it will argue that the problem of unhealthy and unaffordable housing in Indonesia can be resolved, by bringing …


The Rise Of Environmental, Social And Corporate Governance Disclosures In The United States And Mandatory Human Rights Due Diligence In Europe: Implications For U.S. Lawyers, Marie-Claude Jean-Baptiste 2022 Cleveland State University

The Rise Of Environmental, Social And Corporate Governance Disclosures In The United States And Mandatory Human Rights Due Diligence In Europe: Implications For U.S. Lawyers, Marie-Claude Jean-Baptiste

The Global Business Law Review

Over the past decade, due in part to the devastating impact of the global financial crisis of 2008 and growing awareness of climate change, the world witnessed increasing interest on the part of society in general, and investors in particular, for responsible business. “Responsible business” is the concept that business should be conducted in a way that 1) does not violate fundamental rights of the people affected by the business activity; 2) does not exacerbate environmental harm; and 3) complies with basic principles of good governance. Society’s interest in responsible business has been reflected in growing pressure on businesses to …


Florida’S Judicial Ethics Rules: History, Text, And Use, Robert M. Jarvis 2022 Nova Southeastern University

Florida’S Judicial Ethics Rules: History, Text, And Use, Robert M. Jarvis

University of Miami Law Review

A handy summary of Florida’s federal and state judicial ethics codes does not exist. As a result, Florida attorneys and judges often must invest considerable time and effort when a question of judicial ethics arises. To assist such queries, this article provides a comprehensive description of both the Florida Code of Judicial Conduct and the Code of Conduct for United States Judges.


A Global Comparison Of Judicial Discipline Mechanisms, Zhuozhen Duan 2022 Duke Law

A Global Comparison Of Judicial Discipline Mechanisms, Zhuozhen Duan

Judicature International

No abstract provided.


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