Legal Ethics And Judicial Law Clerks: A New Doctrinal Account,
2020
Schulich School of Law, Dalhousie University
Legal Ethics And Judicial Law Clerks: A New Doctrinal Account, Andrew Flavelle Martin
Articles, Book Chapters, & Popular Press
Judicial law clerks are largely overlooked in the Canadian legal literature. This article provides a new doctrinal account of the ethical obligations of law clerks that is rooted in the fact that at least some of the major work of law clerks constitutes the practice of law—and thus that law clerks’ ethics are lawyers’ ethics. It argues that the lawyer’s duty to encourage respect for the administration of justice transposes some of the ethical obligations of the judge into professional obligations of the law clerk. The article also argues that the law societies’ regulatory and disciplinary jurisdiction over law clerks …
Video: No, You Can’T Touch My Hair: The Importance, Necessity, And Controversy Of The Crown Act,
2020
Thomas R. Kline School of Law
Video: No, You Can’T Touch My Hair: The Importance, Necessity, And Controversy Of The Crown Act, Randolph Bracy Iii, Adjoa B. Asamoah, The Honorable Ashleigh Parker Dunston, Doris "Wendy" Green, Linda Harrison, Dr. Stephen Wigley, Dpm
NSU Law Seminar Series
The Black Law Students Association welcomes you to our Fall 2020 panel event, which focuses on the 2019 CROWN Act. The CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair,” is a law that prohibits race-based hair discrimination, which is the denial of employment and educational opportunities because of hair texture or protective hairstyles including braids, locs, twists or bantu knots.
This panel focuses on the legal perspective from different vantage points. Attendees will learn more about the Act, how it was handled, and the current political climate surrounding the Act. National CROWN Act and …
The Asylum Search: How The Supreme Court's Potential Ruling In The East Bay Sanctuary V. Barr Case May Change Our Interpretation Of Asylee Rights Through The Honduras Deal,
2020
Fordham University
The Asylum Search: How The Supreme Court's Potential Ruling In The East Bay Sanctuary V. Barr Case May Change Our Interpretation Of Asylee Rights Through The Honduras Deal, Reeve Churchill, Wislande Francisque
Fordham Undergraduate Law Review
In this Note, the authors Reeve Churchill and Wislande Francique will examine the changing interpretation of asylee rights by analyzing the Honduras Deal, the 9th District Court case East Bay Sanctuary v. Barr (2020), and Trump v. Hawaii. The Honduras Deal is evidence of the Trump Administration’s harsh restrictions towards asylum seekers. This note will contextualize the Honduras Deal through the examination of two court cases: East Bay Sanctuary v. Barr and Trump v. Hawaii. In the latter case, the Supreme Court ruled that the President has the power to bar entry to any group of immigrants that he feels …
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment,
2020
Dalhousie University Schulich School of Law
Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …
Criv Sheet Summaries: A Review Of Aall Annual Meeting Educational Program - Legal Ethics In The Use Of Artificial Intelligence,
2020
Indiana University Maurer School of Law
Criv Sheet Summaries: A Review Of Aall Annual Meeting Educational Program - Legal Ethics In The Use Of Artificial Intelligence, Ashley A. Ahlbrand
Articles by Maurer Faculty
No abstract provided.
Good Governance Paper No. 17: How To Use The Bureaucracy To Govern Well,
2020
Benjamin N. Cardozo School of Law
Good Governance Paper No. 17: How To Use The Bureaucracy To Govern Well, Rebecca Ingber
Online Publications
In every new presidential administration, the President and political appointees come to power with strong views about the policies they wish to enact and the substantive breaks they wish to make with the administration that came before – including views on where the U.S. government should change legal positions on key issues. But views on substantive positions alone are not enough preparation for a new administration seeking to impose its values on the government. And policy preparation on substance is especially insufficient when an incoming administration’s values include norms of process – such as adherence to the rule of law, …
Government Tweets, Government Speech: The First Amendment Implications Of Government Trolling,
2020
Seattle University School of Law
Government Tweets, Government Speech: The First Amendment Implications Of Government Trolling, Douglas B. Mckechnie
Seattle University Law Review
President Trump has been accused of using @realDonaldTrump to troll his critics. While the President’s tweets are often attributed to his personal views, they raise important Constitutional questions. This article posits that @realDonaldTrump tweets are government speech and, where they troll government critics, they violate the Free Speech Clause. I begin the article with an exploration of President Trump’s use of @realDonaldTrump from his time as a private citizen to President. The article then chronicles the development of the government speech doctrine and the Supreme Court’s factors that differentiate private speech from government speech. I argue that, based on the …
Court-Packing In 2021: Pathways To Democratic Legitimacy,
2020
Seattle University School of Law
Court-Packing In 2021: Pathways To Democratic Legitimacy, Richard Mailey
Seattle University Law Review
This Article asks whether the openness to court-packing expressed by a number of Democratic presidential candidates (e.g., Pete Buttigieg) is democratically defensible. More specifically, it asks whether it is possible to break the apparent link between demagogic populism and court-packing, and it examines three possible ways of doing this via Bruce Ackerman’s dualist theory of constitutional moments—a theory which offers the possibility of legitimating problematic pathways to constitutional change on democratic but non-populist grounds. In the end, the Article suggests that an Ackermanian perspective offers just one, extremely limited pathway to democratically legitimate court-packing in 2021: namely, where a Democratic …
“Public Use” Or Public Abuse? A New Test For Public Use In Light Of Kelo,
2020
Seattle University School of Law
“Public Use” Or Public Abuse? A New Test For Public Use In Light Of Kelo, Taylor Haines
Seattle University Law Review
The Takings Clause of the Fifth Amendment has long been controversial. It allows the government to take private property for the purpose of “public use.” But what does public use mean? The definition is one of judicial interpretation. It has evolved from the original meaning intended by the drafters of the Constitution. Now, the meaning is extremely broad. This Note argues that both the original and contemporary meaning of public use are problematic. It explores the issues with both definitions and suggests a new test, solidified in legislation instead of judicial interpretation.
Enough Is As Good As A Feast,
2020
Seattle University School of Law
Enough Is As Good As A Feast, Noah C. Chauvin
Seattle University Law Review
Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.
Preservation Requests And The Fourth Amendment,
2020
Seattle University School of Law
Preservation Requests And The Fourth Amendment, Armin Tadayon
Seattle University Law Review
Every day, Facebook, Twitter, Google, Amazon, ridesharing companies, and numerous other service providers copy users’ account information upon receiving a preservation request from the government. These requests are authorized under a relatively obscure subsection of the Stored Communications Act (SCA). The SCA is the federal statute that governs the disclosure of communications stored by third party service providers. Section 2703(f) of this statute authorizes the use of “f” or “preservation” letters, which enable the government to request that a service provider “take all necessary steps to preserve records and other evidence in its possession” while investigators seek valid legal process. …
Rising To The Covid-19 Challenge Together,
2020
Case Western Reserve University School of Law
Rising To The Covid-19 Challenge Together, Tracy Najera
The International Journal of Ethical Leadership
No abstract provided.
Contributors,
2020
Case Western Reserve University School of Law
Contributors, The Contributors
The International Journal of Ethical Leadership
No abstract provided.
Talking Foreign Policy: The U.S.--Iran Crisis,
2020
Case Western Reserve University School of Law
Talking Foreign Policy: The U.S.--Iran Crisis, Tfp Radio Broadcast (Jan. 20, 2020)
The International Journal of Ethical Leadership
No abstract provided.
Talking Foreign Policy: The Rohingya Genocide,
2020
Case Western Reserve University School of Law
Talking Foreign Policy: The Rohingya Genocide, Tfp Radio Broadcast (Oct. 1, 2019)
The International Journal of Ethical Leadership
No abstract provided.
Reflections On The Power Of Mentorship,
2020
Case Western Reserve University School of Law
Reflections On The Power Of Mentorship, Jonathan Lee, Lisa N. Lindsay, Olivia Thomas, Grace Zhang
The International Journal of Ethical Leadership
No abstract provided.
Is It Ever Ethical For An Organization To Pressure Professionals To Violate Their Professions' Ethical Minimums?,
2020
Case Western Reserve University School of Law
Is It Ever Ethical For An Organization To Pressure Professionals To Violate Their Professions' Ethical Minimums?, David Ozar
The International Journal of Ethical Leadership
No abstract provided.
Can Soldiers Do ”The Decent Thing” In War? The Just War Tradition, The Laws Of War, And Saving Private Ryan,
2020
Case Western Reserve University School of Law
Can Soldiers Do ”The Decent Thing” In War? The Just War Tradition, The Laws Of War, And Saving Private Ryan, Ted Van Baarda
The International Journal of Ethical Leadership
No abstract provided.
An African Theory Of Good Leadership,
2020
Case Western Reserve University School of Law
An African Theory Of Good Leadership, Thaddeus Metz
The International Journal of Ethical Leadership
No abstract provided.
The Urgency Of Ethics In Political Leadership,
2020
Case Western Reserve University School of Law
The Urgency Of Ethics In Political Leadership, President Vicente Fox
The International Journal of Ethical Leadership
No abstract provided.
