Assertion And Hearsay,
2021
Penn State Dickinson Law
Assertion And Hearsay, Richard Lloret
Dickinson Law Review (2017-Present)
This article explores the characteristics and functions of assertion and considers how the term influences the definition of hearsay under Federal Rule of Evidence 801. Rule 801(a) defines hearsay by limiting it to words and conduct intended as an assertion, but the rule does not define the term assertion. Courts and legal scholars have focused relatively little attention on the nature and definition of assertion. That is unfortunate, because assertion is a robust concept that has been the subject of intense philosophic study over recent decades. Assertion is not a mere cypher standing in for whatever speech or conduct one …
Achieving Better Care In Pennsylvania By Allowing Pharmacists To Practice Pharmacy,
2021
Penn State Dickinson Law
Achieving Better Care In Pennsylvania By Allowing Pharmacists To Practice Pharmacy, Travis Murray
Dickinson Law Review (2017-Present)
Traditionally, state legislatures implemented Prescription Drug Monitoring Programs (“PDMPs”) to assist prescribers, pharmacists, and law enforcement in identifying patients likely to misuse, abuse, or divert controlled substances. PDMP databases contain a catalog of a patient’s recent controlled substances that pharmacies have filled, including the date, location, the quantity of medication filled, and the prescribing health care provider. Prescribers in Pennsylvania have a duty to query the PDMP before prescribing controlled substances in most clinical settings. Pharmacists have a similar duty in Pennsylvania to dispense safe and effective medication therapy to patients and to screen patients for potential signs of misuse, …
The Specter Of Malpractice: When Law Firm General Counsel And Risk Management Professionals Are Confronted With Potential Malpractice Claims And Ethics Violations,
2021
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Specter Of Malpractice: When Law Firm General Counsel And Risk Management Professionals Are Confronted With Potential Malpractice Claims And Ethics Violations, Joseph R. Tiano Jr., Nancy B. Rapoport, William J. Siroky
Scholarly Works
Every day, law firm general counsel and other law firm risk management professionals face a very practical, very vexing problem. The problem is what to do when hearing that a serious ethical mistake or impropriety may have occurred—but without any concrete confirmation that something problematic has, in fact, happened. This essay discusses the most important initial steps and questions that the firm’s general counsel or other risk management professional must address in this confounding situation where the “specter of malpractice” is present. We call this the “specter of malpractice” because a malpractice claim has not yet fully materialized (and it …
No, The Firing Squad Is Not Better Than Lethal Injection: A Response To Stephanie Moran’S A Modest Proposal,
2021
Seattle University School of Law
No, The Firing Squad Is Not Better Than Lethal Injection: A Response To Stephanie Moran’S A Modest Proposal, Michael Conklin
Seattle University Law Review
In the article A Modest Proposal: The Federal Government Should Use Firing Squads to Execute Federal Death Row Inmates, Stephanie Moran argues that the firing squad is the only execution method that meets the requirements of the Eighth Amendment. In order to make her case, Moran unjustifiably overstates the negative aspects of lethal injection while understating the negative aspects of firing squads. The entire piece is predicated upon assumptions that are not only unsupported by the evidence but often directly refuted by the evidence. This Essay critically analyzes Moran’s claims regarding the alleged advantages of the firing squad over …
Table Of Contents,
2021
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability,
2021
Penn State Dickinson Law
Choice Of Law And The Preponderantly Multistate Rule: The Example Of Successor Corporation Products Liability, Diana Sclar
Dickinson Law Review (2017-Present)
Most state rules of substantive law, whether legislative or judicial, ordinarily adjust rights and obligations among local parties with respect to local events. Conventional choice of law methodologies for adjudicating disputes with multistate connections all start from an explicit or implicit assumption of a choice between such locally oriented substantive rules. This article reveals, for the first time, that some state rules of substantive law ordinarily adjust rights and obligations with respect to parties and events connected to more than one state and only occasionally apply to wholly local matters. For these rules I use the term “nominally domestic rules …
Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions,
2021
Penn State Dickinson Law
Don't Change The Subject: How State Election Laws Can Nullify Ballot Questions, Cole Gordner
Dickinson Law Review (2017-Present)
Procedural election laws regulate the conduct of state elections and provide for greater transparency and fairness in statewide ballots. These laws ensure that the public votes separately on incongruous bills and protects the electorate from uncertainties contained in omnibus packages. As demonstrated by a slew of recent court cases, however, interest groups that are opposed to the objective of a ballot question are utilizing these election laws with greater frequency either to prevent a state electorate from voting on an initiative or to overturn a ballot question that was already decided in the initiative’s favor. This practice is subverting the …
Professional Identity In Time Of Uncertainty: Not Moment Too Soon,
2021
University of Missouri - Kansas City, School of Law
Professional Identity In Time Of Uncertainty: Not Moment Too Soon, Margaret E. Reuter
Faculty Works
This essay introduces the UMKC Law Review Symposium on Professional Identity Formation and Its Pedagogy, situating the collection of articles against the backdrop of extraordinary social and political upheavals, including the COVID-19 pandemic, racial justice movements, and threats to constitutional democracy. The Symposium brings together leading scholars and educators to explore how law schools can better prepare students to meet professional and societal demands by fostering a strong sense of professional identity. Themes emerging from the contributions include the integration of reflective practice, mindfulness, leadership, grit, growth mindset, externship experiences, and virtue ethics into legal education. Collectively, the works argue …
A Tribute To Professor Catherine Mahern,
2021
Touro Law Center
A Tribute To Professor Catherine Mahern, Lawrence Raful
Scholarly Works
No abstract provided.
Algorithmic Responsibility, Algorithmic Bias,
2021
University of Oklahoma College of Law
Algorithmic Responsibility, Algorithmic Bias, Darla Jackson
Other Faculty Publications
No abstract provided.
Complicity And Lesser Evils: A Tale Of Two Lawyers,
2021
Georgetown University Law Center
Complicity And Lesser Evils: A Tale Of Two Lawyers, David Luban
Georgetown Law Faculty Publications and Other Works
Government lawyers and other public officials sometimes face an excruciating moral dilemma: to stay on the job or to quit, when the government is one they find morally abhorrent. Staying may make them complicit in evil policies; it also runs the danger of inuring them to wrongdoing, just as their presence on the job helps inure others. At the same time, staying may be their only opportunity to mitigate those policies – to make evils into lesser evils – and to uphold the rule of law when it is under assault. This Article explores that dilemma in a stark form: …
Heroes Among Us: Good Samaritan Laws And Paddlers Turned Swiftwater Rescuers,
2021
Salmon P. Chase College of Law, Northern Kentucky University
Heroes Among Us: Good Samaritan Laws And Paddlers Turned Swiftwater Rescuers, Jennifer Jolly-Ryan
University of San Francisco Law Review
No abstract provided.
"Man Is Opposed To Fair Play": An Empirical Analysis Of How The Fifth Circuit Has Failed To Take Seriously Atkins V. Virginia,
2021
New York Law School
"Man Is Opposed To Fair Play": An Empirical Analysis Of How The Fifth Circuit Has Failed To Take Seriously Atkins V. Virginia, Michael L. Perlin, Talia Roitberg Harmon, Sarah Wetzel
Articles & Chapters
In 2002, for the first time, in Atkins v. Virginia, 536 U.S. 304 (2002), the United States Supreme Court found that it violated the Eighth Amendment to subject persons with intellectual disabilities to the death penalty. Since that time, it has returned to this question multiple times, clarifying that inquiries into a defendant’s intellectual disability (for purposes of determining whether he is potentially subject to the death penalty) cannot be limited to a bare numerical “reading” of an IQ score, and that state rules based on superseded medical standards created an unacceptable risk that a person with intellectual disabilities could …
To Err Is Human, To Apologize Is Hard: The Role Of Apologies In Lawyer Discipline,
2021
University of Connecticut School of Law
To Err Is Human, To Apologize Is Hard: The Role Of Apologies In Lawyer Discipline, Leslie Levin, Jennifer K. Robbennolt
Faculty Articles and Papers
The lawyer discipline system is often the only recourse for complainants when lawyers misbehave. Yet it is also deeply unsatisfying. Most grievances are dismissed and even when a sanction is imposed, the complainant receives no monetary compensation. Lawyers rarely even apologize for the harm they caused. Yet apologies can repair relationships and trust, decrease distress, restore the victim’s standing, and affirm important values. In this article, we explore whether and how apologies might be more systematically incorporated into the lawyer discipline system to address lawyer mistakes and misconduct. We detail how apologies are currently sporadically used and evaluated by disciplinary …
The Politics Of Bar Admission: Lessons From The Pandemic,
2021
University of Connecticut School of Law
The Politics Of Bar Admission: Lessons From The Pandemic, Leslie C. Levin
Faculty Articles and Papers
No abstract provided.
Should Justices Be Historians? Justice Scalia’S Opinion In District Of Columbia V. Heller,
2021
Michigan State University College of Law
Should Justices Be Historians? Justice Scalia’S Opinion In District Of Columbia V. Heller, Todd B. Adams
University of San Francisco Law Review
No abstract provided.
Biglaw: Money And Meaning In The Modern Law Firm,
2021
Georgetown University Law Center
Biglaw: Money And Meaning In The Modern Law Firm, Milton C. Regan, Lisa H. Rohrer
Georgetown Law Faculty Publications and Other Works
The Great Recession intensified large law firms’ emphasis on financial performance, leading to claims that lawyers in these firms were now guided by business rather than professional values. Based on interviews with more than 250 partners in large firms, Mitt Regan and Lisa H. Rohrer suggest that the reality is much more complex. It is true that large firm hiring, promotion, compensation, and termination policies are more influenced by business considerations than ever before and that firms actively recruit profitable partners from other firms to replace those they regard as unproductive. At the same time, law firm partners continue to …
Client-Centered Communication: How Effective Lawyering Requires Emotional Intelligence, Active Listening, And Client Choice,
2021
University of Saskatchewan College of Law
Client-Centered Communication: How Effective Lawyering Requires Emotional Intelligence, Active Listening, And Client Choice, Heather Heavin, Michaela Keet
Cardozo Journal of Conflict Resolution
For the lawyer-client relationship to work effectively, lawyers need to provide clients with competent, understandable, and relevant legal advice. This proposition is so central to the lawyer's role that it is difficult to challenge. Yet, we suggest, this proposition belies the complexity of the responsibility, given the decision-making process that clients are going through (or should be going through) when deciding to litigate or to settle through negotiation or mediation. The educational literature contains much advice for lawyers on the benefits of dispute resolution processes, how to select and navigate through them, but much less on how lawyers should guide …
The Proposed Rules On Advertising And Solicitation,
2021
St. Mary's University School of Law
The Proposed Rules On Advertising And Solicitation, Vincent R. Johnson
Faculty Articles
This article addresses the rule proposal appearing as ballot item E for the State Bar of Texas rules vote February 2 to March 4, 2021. The proposed rules dealing with lawyer advertising and solicitation seek to clarify, simplify, and modernize this area of the law, while nevertheless continuing to endorse principles and practices that have proved to be sound.
Constitutive Choices: Section 230 And First Amendment Values Versus Fosta And President Trump's Executive Order,
2021
University of Minnesota
Constitutive Choices: Section 230 And First Amendment Values Versus Fosta And President Trump's Executive Order, Scott Memmel, Christopher Terry
Cardozo Arts & Entertainment Law Journal
In 2018, the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) produced the first category of speech not provided immunity by Section 230 of the Communications Decency Act. This first cut against Section 230 was followed by President Donald Trump's May 2020 executive order aimed at limiting the legal protections for social media companies. Both of these actions represent a new battle over old ideas about protecting expression. This Article uses Paul Starr's "Constitutive Choices" model to suggest that Section 230 represents a legacy of laws and regulations designed to foster free speech and access to information. …
