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The Ancient Magna Carta And The Modern Rule Of Law: 1215 To 2015., Vincent R. Johnson 2015 St. Mary's University

The Ancient Magna Carta And The Modern Rule Of Law: 1215 To 2015., Vincent R. Johnson

St. Mary's Law Journal

This article argues the text of the Magna Carta, now 800 years old, and reflects many of the values that are at the center of the modern concept of the Rule of Law. A careful review of its provisions reveals the Magna Carta demonstrates a strong commitment to the resolution of disputes based on rules and procedures that are consistent, accessible, transparent, and fair; and to the development of a legal system characterized by official accountability and respect for human dignity.


Lincoln V. The Proslavery Constitution: How A Railroad Lawyer's Constitutional Theory Made Him The Great Emancipator., Paul Finkelman 2015 St. Mary's University

Lincoln V. The Proslavery Constitution: How A Railroad Lawyer's Constitutional Theory Made Him The Great Emancipator., Paul Finkelman

St. Mary's Law Journal

Abstract Forthcoming.


A Constitutional Amendment Allowing Broader Campaign-Finance Reform Would Not Criminalize Political Satire., Christopher W. Bell 2015 St. Mary's University

A Constitutional Amendment Allowing Broader Campaign-Finance Reform Would Not Criminalize Political Satire., Christopher W. Bell

St. Mary's Law Journal

Campaign finance remains a perennial issue, because contributions and expenditures define the political campaigns which shape our democracy. While a majority of the American public supports limiting campaign spending, campaign finance reform remains near the bottom of most voters’ priorities. Reformers have called the lack of the public’s interest “[o]ne of the persistent mysteries of campaign finance reform.” Citizens United v. F.E.C. focused national attention on the role of money in politics. Citizens United evoked such strong reactions, because it represents the two competing versions of the concept of freedom of speech: “free speech as serving liberty” and “free speech …


Blind Spot: The Inadequacy Of Neutral Partisanship, Melissa Mortazavi 2015 University of Oklahoma College of Law

Blind Spot: The Inadequacy Of Neutral Partisanship, Melissa Mortazavi

Faculty Articles

No abstract provided.


The Michael Morton Act: Minimizing Prosecutorial Misconduct., Cynthia E. Hujar Orr, Robert G. Rodery 2015 St. Mary's University

The Michael Morton Act: Minimizing Prosecutorial Misconduct., Cynthia E. Hujar Orr, Robert G. Rodery

St. Mary's Law Journal

Twenty-five years ago, Texas prosecutors significantly limited the pre-trial discovery it disclosed to criminal defendants. As a result of this policy, innocent individuals accused of murder, like Michael Morton, were denied their right to due process. Michael Morton was incarcerated for twenty-five years following a wrongful murder conviction. He was denied access to crucial evidence, which included a bandana with the victim’s blood and the killer’s hair, and eyewitness accounts describing the killer at or near the time of the murder. The prosecutor purposely withheld this evidence from Michael Morton; but thanks to the efforts of the Innocence Project, he …


Potential Tort Liability For Personal Use Of Drone Aircraft., Benjamin D. Mathews 2015 St. Mary's University

Potential Tort Liability For Personal Use Of Drone Aircraft., Benjamin D. Mathews

St. Mary's Law Journal

In the United States, the use of personal drones has become more prevalent. Businesses now use drones to deliver products to consumers. Consumers now use drones to video and photograph special events. As a result, new laws are needed concerning personal usage of drones. The number of drone sales is predicted to double by 2024. This is reflected by companies such as Parrot, a vendor of private drones, who in the first quarter of 2014 sold 670,000 drones. Citizens whose personal liberties have been infringed upon by another individual’s use of personal drones, often resort to common law torts because …


Hamrick V. Ward: Clarifying Implied Easement Law., Courtney R. Potter 2015 St. Mary's University

Hamrick V. Ward: Clarifying Implied Easement Law., Courtney R. Potter

St. Mary's Law Journal

Abstract Forthcoming.


Compensation Forfeiture: Stacking Remedies Against Disloyal Agents And Employees., George P. Roach 2015 St. Mary's University

Compensation Forfeiture: Stacking Remedies Against Disloyal Agents And Employees., George P. Roach

St. Mary's Law Journal

Abstract Forthcoming.


Taking Teaching And Learning Seriously: A Tribute To Professor Susan Martyn, Irma S. Russell 2015 University of Missouri-Kansas City School of Law

Taking Teaching And Learning Seriously: A Tribute To Professor Susan Martyn, Irma S. Russell

Faculty Works

Professor Susan Martyn is an inspiring and dedicated teacher. She inspires me by her teaching, her work with students in the classroom, as well as with lawyers in continuing legal education programs, and her writing for scholars and the public. The invitation to write in a law review edition honoring this amazing professor and scholar provided the opportunity to contemplate a topic that is central to my life and the lives of most who teach: What is good teaching, and how do we increase good teaching and good learning in legal education today? We are in a time of stunning …


Beginning With Yes: A Review Essay On Michael Wheeler's The Art Of Negotiation: How To Improvise Agreement In A Chaotic World, Leonard L. Riskin 2015 University of Florida Levin College of Law

Beginning With Yes: A Review Essay On Michael Wheeler's The Art Of Negotiation: How To Improvise Agreement In A Chaotic World, Leonard L. Riskin

Cardozo Journal of Conflict Resolution

This Review Essay describes the book, introduces a new system for understanding models of negotiation, and uses it to explain and expand upon some of the ideas in The Art of Negotiation. Then it suggests a different title for Wheeler's book, and describes recent efforts to connect improv with negotiation and mediation training and practice. I mean to honor Wheeler's important work by extending it.


Lawyer Ethics And The Financial Action Task Force: A Call To Action, John P. Sahl 2015 University of Akron

Lawyer Ethics And The Financial Action Task Force: A Call To Action, John P. Sahl

Akron Law Faculty Publications

This article examines the ethical responsibilities of lawyers in the context of global anti-money laundering (AML) efforts, particularly focusing on the role of the Financial Action Task Force (FATF). It discusses the implications of FATF's recommendations for the legal profession and emphasizes the need for lawyers to actively engage in combating financial crimes. The author argues that lawyers must balance their duty to uphold client confidentiality with the imperative to prevent illicit financial activities. The article calls for the legal community to adopt proactive measures, including enhanced due diligence and compliance protocols, to align with international AML standards. By doing …


Redefining Professionalism, Rebecca Roiphe 2015 New York Law School

Redefining Professionalism, Rebecca Roiphe

Articles & Chapters

Most scholars condemn professionalism as self-serving, anti-competitive rhetoric. This Article argues that professionalism can be a positive and productive way of thinking about lawyers’ work. While it is undoubtedly true that the Bar has used the ideology of the professional role to support self-interested and bigoted causes, professionalism has also served as an important way of developing and marshalling group identity to promote useful ends. The critics of professionalism tend to view it as an ideology, according to which professionals, unlike businessmen, are concerned not with their own financial gain but with the good of their clients and the community …


Tilting At Stratification: Against A Divide In Legal Education, Rebecca Roiphe 2015 New York Law School

Tilting At Stratification: Against A Divide In Legal Education, Rebecca Roiphe

Articles & Chapters

Critics suggest we divide law schools into an elite tier whose graduates serve global business clients and a lower tier, which would prepare lawyers for simple disputes. This idea is not new. A similar proposal emerged in the early twentieth century. This article draws on the historical debate to argue that this simplistic approach cannot solve the myriad problems facing the legal profession and legal education. Supporters of separate tiers of law school rely on a caricature of the early history to argue that the Bar is acting in a protectionist way to ensure its own monopoly and keep newcomers …


Kill The Dinosaurs, And Other Tips For Achieving Technical Competence In Your Law Practice, Antigone Peyton 2015 University of Richmond

Kill The Dinosaurs, And Other Tips For Achieving Technical Competence In Your Law Practice, Antigone Peyton

Richmond Journal of Law & Technology

It is a challenge to practice law in the digital age. This is particularly true when a practice involves significant e-Discovery, Intellectual Property, and technology law—areas in which technical issues merge with legal ones. One of the major challenges of bringing a law practice up to twenty-first-century standards relates to dinosaur thoughts, a.k.a. an “old ways are best” mentality.


Beyond Technophobia: Lawyers’ Ethical And Legal Obligations To Monitor Evolving Technology And Security Risks, Timothy J. Toohey 2015 University of Richmond

Beyond Technophobia: Lawyers’ Ethical And Legal Obligations To Monitor Evolving Technology And Security Risks, Timothy J. Toohey

Richmond Journal of Law & Technology

Lawyers and technology have an uneasy relationship. Although some lawyers are early adapters, others take pride in ignoring technology because they believe it is alien to the practice of law. As Jody R. Westby observed, lawyers confronted with technology and security issues tend to have their “eyes glaze over” and “want to call in their ‘IT guy’ and go back to work.” But this technophobic attitude may no longer just be harmless conservatism. In the world of growing security risks, ignorance of technology may lead to violations of lawyers’ fundamental ethical duties of competence and confidentiality.


Examining The Websites Of Canada’S ‘Top Sex Crime Lawyers’: The Ethical Parameters Of Online Commercial Expression By The Criminal Defence Bar, Elaine Craig 2015 Dalhousie University Schulich School of Law

Examining The Websites Of Canada’S ‘Top Sex Crime Lawyers’: The Ethical Parameters Of Online Commercial Expression By The Criminal Defence Bar, Elaine Craig

Articles, Book Chapters, & Popular Press

Online advertising has become a primary source of information about legal services. This trend towards web-based marketing of legal services poses new challenges to the regulation of the legal profession. Challenges which, to date, have not been fully met. It also creates a new source of data for researchers studying aspects of the legal profession such as legal ethics, lawyers’ perspectives and strategies, and legal discourse. The objective of this study is to examine the most prominent websites in Canada that advertise legal representation for individuals accused of sexual offences. The study of these websites yielded two types of observations …


Criminalization Of Juror Misconduct Arising From Social Media Use, Matthew Aglialoro 2015 Cornell Law School

Criminalization Of Juror Misconduct Arising From Social Media Use, Matthew Aglialoro

Notre Dame Journal of Law, Ethics & Public Policy

This Essay analyzes criminalization as an alternative solution to juror misconduct arising from social media use, where jury instructions fail to prevent such misconduct. Despite the lack of scholarship on the subject, criminalization is far from a radical solution—California enacted legislation in 2011 that sought to criminalize jurors’ improper use of social media. By criminalizing juror misconduct, states can deter misconduct from occurring while also instilling the importance of the jury institution in the public. At the same time, it is important to be cognizant of objections that judges and jurors may raise. This Essay proceeds in three parts. Part …


A Practical Guide To The Use Of The Commissioned Public Report As An Effective Crisis-Management Tool, F. Joseph Warin, Oleh Vretsona, Lora E. MacDonald 2015 Notre Dame Law School

A Practical Guide To The Use Of The Commissioned Public Report As An Effective Crisis-Management Tool, F. Joseph Warin, Oleh Vretsona, Lora E. Macdonald

Notre Dame Journal of Law, Ethics & Public Policy

When terrorists attack an energy installation, disaster strikes a nuclear power plant, or a hurricane tears through wide swathes of a city, immediate concern is for the persons affected by the disaster. Close on the heels of this concern is often criticism of how the organization responsible for those persons’ safety has handled the catastrophic event, and an inept response—or one perceived as inept—can spell the organization’s demise. Institutional cracks are laid bare for the world to see, the public narrative turns it from victim to villain, reputational damage mounts, and a wave of public scrutiny and litigation looms. If …


Compliance Officers: More Jobs, More Responsibility, More Liability, Susan Lorde Martin 2015 Notre Dame Law School

Compliance Officers: More Jobs, More Responsibility, More Liability, Susan Lorde Martin

Notre Dame Journal of Law, Ethics & Public Policy

In response to a great deal of new rule making by federal agencies in the last few years, corporate compliance departments are becoming larger and more involved in businesses in an effort to eliminate regulatory violations and to reduce fines in the event of an offense. At the same time, chief compliance officers who head these departments are becoming increasingly concerned that they will be held liable for the actions of others at their companies merely because they are in charge of their companies’ compliance programs. This article looks at examples of laws that give rise to compliance mandates and …


The Endless Bummer: California's Latest Attempt To Protect Children Online Is Far Out(Side) Effective, Stephen J. Astringer 2015 Notre Dame Law School

The Endless Bummer: California's Latest Attempt To Protect Children Online Is Far Out(Side) Effective, Stephen J. Astringer

Notre Dame Journal of Law, Ethics & Public Policy

More so than any preceding medium, the Internet has provided users the ability to communicate quickly and without significant restrictions. Today’s children face the challenge of seemingly mundane activities, part of everyday life, that have the potential to ruin futures. A single status update on Facebook, post on Twitter, or video on YouTube can have lasting ramifications. Minors are not the only population to later experience post regret, but unlike politicians, athletes, or any other adults, youthful indiscretion will often lead to less prudent and thoughtful decision-making. Before nearly every person had an Internet-capable camera in their pocket at all …


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