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Judicial Disqualification And Recusal In Criminal Cases, Edward L. Wilkinson 2016 St. Mary's University

Judicial Disqualification And Recusal In Criminal Cases, Edward L. Wilkinson

St. Mary's Journal on Legal Malpractice & Ethics

The United States Supreme Court has recognized circumstances in which the probability of judicial bias requiring disqualification or recusal is “too high to be constitutionally tolerable.” At the same time, the Texas Constitution contains a number of provisions barring a judge from presiding over a case under specific circumstances, while statutes and procedural rules either disqualify a judge or require him or her to be recused. Thus, whether a particular judge may preside over a given criminal case may be questioned under the Due Process Clause, the Texas Constitution, statue, or the rules of procedure. This Article will examine the …


When Fantasy Becomes Reality: Attempts To Regulate The Highly Unregulated Daily Fantasy Sports Industry., Garrett Greene 2016 St. Mary's University

When Fantasy Becomes Reality: Attempts To Regulate The Highly Unregulated Daily Fantasy Sports Industry., Garrett Greene

St. Mary's Law Journal

Legislation is beginning to creep into the once safeguard-devoid sphere of the daily fantasy sports industry. Daily fantasy sports are a subset of traditional season-long fantasy sports and are immensely lucrative, yet there are hardly any standard regulations. Ironically, the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006, which was used to outlaw online poker gambling, paved the way for daily fantasy sports, because it federally exempted fantasy sports from being classified as illegal sports gambling. The UIGEA further protects daily fantasy sports from the Professional and Amateur Sports Prohibition Act (PASPA) of 1992 which prohibits states from sponsoring sports …


Meeting The Challenges Of High-Volume Civil Dockets, Hannah E. M. Lieberman, Paula Hannaford-Agor 2016 Neighborhood Legal Services Program

Meeting The Challenges Of High-Volume Civil Dockets, Hannah E. M. Lieberman, Paula Hannaford-Agor

Faculty Publications

Consumer-debt-collection, landlord/tenant, small-claims, and contract cases involving relatively small amounts comprise almost 80 percent of civil caseloads. This essay examines the challenges associated with high-volume civil dockets and summarizes recommendations to address these challenges and strengthen the integrity of the civil justice system.


Reversal By Recusal? Comer V. Murphy Oil U.S.A., Inc. And The Needfor Mandatory Judicial Recusal Statements, Patrick A. Woods 2016 United States Court of Appeals for the Second Circuit

Reversal By Recusal? Comer V. Murphy Oil U.S.A., Inc. And The Needfor Mandatory Judicial Recusal Statements, Patrick A. Woods

The University of New Hampshire Law Review

[Excerpt] "In many cases, if not most, voluntary judicial recusal is both an efficient use of judicial resources and an exceptional safeguard to the legitimacy of the federal judiciary. However, voluntary judicial recusal poses its own unique problems when the withdrawing judge declines to issue a statement explaining the statutory grounds for his or her recusal. Unlike when a party seeks to disqualify a judge by motion—where the reasons for recusal will, at a minimum, be set out in the motion papers—when a judge voluntarily recuses, there is not necessarily any record created as to the reasons for the recusal. …


Is Pro Bono Practice In Legal “Backwaters” Beyond The Scope Of The Model Rules?, Barbara Graves-Poller 2016 New York Law School

Is Pro Bono Practice In Legal “Backwaters” Beyond The Scope Of The Model Rules?, Barbara Graves-Poller

The University of New Hampshire Law Review

[Excerpt] "While many private sector attorneys offer pro bono legal services that reflect the same level of diligence and skill characteristic of the work done on behalf of their paying clients, the egregious failures described in the MC v. GC case and those that occur in many unreported matters highlight the dangers of pro bono initiatives designed to bridge the “access to justice gap.” As used here, the term “justice gap” refers to the chasm between the need for legal representation in civil disputes and public interest attorneys available to serve poor and working class clients. Justice gap pro bono …


The House Edge: On Gambling And Professional Discipline, Stacey A. Tovino 2016 University of Oklahoma College of Law

The House Edge: On Gambling And Professional Discipline, Stacey A. Tovino

Faculty Articles

On March 26, 2014, the Iowa Supreme Court revoked the license to practice law of Cedar Rapids attorney Susan Hense. Admitted to the Iowa Bar in 1996, Hense subsequently misappropriated $837,000 in client trust funds to feed her addiction to casino gambling. This Article assesses how attorneys like Hense who are addicted to gambling are treated in professional disciplinary actions, including license suspension, revocation, and reinstatement proceedings. Themes that emerge include public misunderstanding of gambling disorder, stigma against individuals with gambling disorder, statutory recognition of substance addictions but not behavioral addictions, and mandatory attendance at religion based fellowship meetings as …


Ethical Challenges Of Using Law Student Interns/Externs To Expand Services To Low-Income Older Adults, Eleanor Lanier 2016 University of Georgia School of Law

Ethical Challenges Of Using Law Student Interns/Externs To Expand Services To Low-Income Older Adults, Eleanor Lanier

Scholarly Works

No abstract provided.


Big Data And The Future For Privacy, Neil M. Richards, Jonathan H. King 2016 Washington University in St. Louis School of Law

Big Data And The Future For Privacy, Neil M. Richards, Jonathan H. King

Scholarship@WashULaw

In our inevitable big data future, critics and skeptics argue that privacy will have no place. We disagree. When properly understood, privacy rules will be an essential and valuable part of our digital future, especially if we wish to retain the human values on which our political, social, and economic institutions have been built. In this paper, we make three simple points. First, we need to think differently about "privacy." Privacy is not merely about keeping secrets, but about the rules we use to regulate information, which is and always has been in intermediate states between totally secret and known …


Said I, 'But You Have No Choice': Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi M. Weinstein 2016 New York Law School

Said I, 'But You Have No Choice': Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi M. Weinstein

Cardozo Public Law, Policy & Ethics Journal

The article argues that lawyers representing individuals with mental disabilities have an ethical responsibility to prioritize their clients' expressed preferences and autonomy, rejecting the presumption that substituted decisionmaking is acceptable. It critiques the legal system's reliance on paternalistic approaches and highlights the importance of supported decisionmaking, as mandated by international human rights law, particularly under the Convention on the Rights of Persons with Disabilities (CRPD). The analysis emphasizes the need for legal frameworks and attorney practices to align with therapeutic jurisprudence, which prioritizes psychological well-being and dignity while upholding due process principles.


Friend Request Denied: Judicial Ethics And Social Media, Shaziah Singh 2016 Case Western Reserve University School of Law

Friend Request Denied: Judicial Ethics And Social Media, Shaziah Singh

Journal of Law, Technology, & the Internet

"Social media sites such as Facebook, Twitter, and LinkedIn have revolutionized our social lives and dominate the way we communicate with each other. Whether it comes to personal or professional use, social media platforms come with a multitude of complications. What to post, whom to “friend,” whom to share information with, and what job updates to share are just some of the problems social media users face daily. These complications are only multiplied for judges. A judge’s unique position to influence makes what constitutes acceptable social media usage much more complex. With almost 1.5 billion users on Facebook and 300 …


Applied Ethics: A Misnomer For A Field?, Leslie Francis 2016 S.J. Quinney College of Law, University of Utah

Applied Ethics: A Misnomer For A Field?, Leslie Francis

Utah Law Faculty Scholarship

You may have guessed that I’m a pragmatist, methodologically. To that, I plead guilty; I think ethics could learn a great deal from the pragmatist tradition. And one of the most important things it could learn is to object to artificial separations between “ethics” and its “application.”


The Ethics Of Inter Partes Review Before The Uspto., Dorian Ojemen 2016 St. Mary's University

The Ethics Of Inter Partes Review Before The Uspto., Dorian Ojemen

St. Mary's Law Journal

Abstract Forthcoming.


Texas's Excessive Demand Doctrine Impacts Recoveries In Litigation., Stephanie M. Green 2016 St. Mary's University

Texas's Excessive Demand Doctrine Impacts Recoveries In Litigation., Stephanie M. Green

St. Mary's Law Journal

A party demanding money they are not entitled to becomes subject to the excessive demand doctrine. Because the excessive demand doctrine is an affirmative defense, a defending party must allege its claim of excessive demand in its pleadings. A party must “plead it, prove it, and obtain findings of fact on its essential elements.” To obtain findings on the issue, both the pleadings and the evidence are required to put a question or instruction before the jury. Ensuring that the evidence is enough depends upon the trial court—whose judgment will only be overturned upon a showing of an abuse of …


Liberty And Justice For All? : Ethics In The American Criminal Justice System, Haley Hasenstein 2016 University of Northern Iowa

Liberty And Justice For All? : Ethics In The American Criminal Justice System, Haley Hasenstein

Honors Program Theses

The American Bar Association (ABA) claims a commitment to ethics for all that fall under its jurisdiction. As a part of the Bar Exam that lawyers must take to join the Association they are issued a character and fitness test, where some prior misbehavior may disqualify an individual from becoming barred. “Miscarriages of justice” is a common theme among literature about lawyers in the criminal justice system. In this study I will shed light on some of the ethical discrepancies in the legal profession’s values and practice. This study focuses on criminal lawyers’ experiences with personal ethics as well as …


Re-Designing Law And Lawyering For The Information Age, Thomas D. Barton 2016 Notre Dame Law School

Re-Designing Law And Lawyering For The Information Age, Thomas D. Barton

Notre Dame Journal of Law, Ethics & Public Policy

This Article analyzes the intersection of three aspects of law, lawyering, and Information Age technology and culture, describing how they disrupt and inhibit one another even as they supply possible opportunities for each to grow and innovate. The Article urges that Information Age challenges to traditional legal institutions and thinking become the foundation for reforms to legal systems and individual lawyering. In embracing changes made possible by emerging technology, the Rule of Law may be strengthened globally and the Preventive/Proactive style of lawyering can be re-invigorated. The Article begins by describing the Preventive/Proactive lawyering ("PPL") style, and offers an example …


"I Still Live In Guantánamo!" Human Rights Abuses Continue After Detainees Leave Guantánamo, Peter Jan Honigsberg 2016 Notre Dame Law School

"I Still Live In Guantánamo!" Human Rights Abuses Continue After Detainees Leave Guantánamo, Peter Jan Honigsberg

Notre Dame Journal of Law, Ethics & Public Policy

This essay will describe the experiences of detainees who have resettled in third or host countries, as well as detainees who have been resettled in their home countries. The essay is based on interviews W2G has filmed with the detainees, in addition to other sources. The overarching message from the interviews and research is that when the U.S. transfers detainees to third countries, the U.S. has not been mindful in finding the best fit or even a suitable environment for the men as they re-enter society. In addition, in transferring detainees out of Guantánamo-whether to third countries or to the …


The Moral Obligation Of Law Schools To Address Law Student Well-Being: A Review Essay About The Happy Laywer, Todd David Peterson 2016 Notre Dame Law School

The Moral Obligation Of Law Schools To Address Law Student Well-Being: A Review Essay About The Happy Laywer, Todd David Peterson

Notre Dame Journal of Law, Ethics & Public Policy

This Article argues that law schools have an obligation to educate law students about how they can achieve meaningful and personally satisfying careers in the law and, in addition, how they can buffer themselves against the stress and depression that far too frequently arise in both law school and the practice of law.


Note, The Unconstitutionality Of The Computer Fraud And Abuse Act, Michael C. Mikulic 2016 Notre Dame Law School

Note, The Unconstitutionality Of The Computer Fraud And Abuse Act, Michael C. Mikulic

Notre Dame Journal of Law, Ethics & Public Policy

This Note deals with 18 U.S. C. 1030, otherwise known as the Computer Fraud and Abuse Act ("CFAA "). The CFAA is the federal computer hacking statute. This Note discusses the statute's history, purpose, and the recent circuit split regarding its interpretation. There are two ways to interpret the statute: one is broad and the other narrow. The broad interpretation, which many, if not a majority of circuit courts adopt, extends criminal liability to potentially millions of unsuspecting Americans. The approach is wholly unfair and unreasonable. But more than that, this Note argues that the broad interpretation is unconstitutional. There …


Note, American, Isis, And Social Media: How The Material Support Statute Can Help Combat Against Their Collision, Morgan Stacey 2016 Notre Dame Law School

Note, American, Isis, And Social Media: How The Material Support Statute Can Help Combat Against Their Collision, Morgan Stacey

Notre Dame Journal of Law, Ethics & Public Policy

In this Note, I argue that individuals who support ISIS through encouragement and participation in the recruitment process through social media fall into criminal prosecution under the statute, as they have attempted to provide material support, namely personnel, to the foreign terrorist organization. This support of ISIS through social media is not protected First Amendment speech, as the support turns into an attempt to provide personnel or finances to the group. Part I will focus on ISIS as an organization, its history, and its recruitment strategies. It will discuss ISIS's innovative use of social media for recruitment and its dangerously …


Front Matter, 2016 Notre Dame Law School

Front Matter

Notre Dame Journal of Law, Ethics & Public Policy

Table of Contents


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