The Use Of Digital Millenium Copyright Act To Stifle Speech Through Non-Copyright Related Takedowns,
2020
Seattle University School of Law
The Use Of Digital Millenium Copyright Act To Stifle Speech Through Non-Copyright Related Takedowns, Miller Freeman
Seattle Journal of Technology, Environmental, & Innovation Law
In 1998, Congress passed the Digital Millennium Copyright Act. This law provided new methods of protecting copyright in online media. These protections shift the normal judicial process that would stop the publication of infringing materials to private actors: the online platforms. As a result, online platforms receive notices of infringement and issue takedowns of allegedly copyrighted works without the judicial process which normally considers the purpose of the original notice of infringement. In at least one case, discussed in detail below, this has resulted in a notice and takedown against an individual for reasons not related to the purpose of …
The Government Lawyer As Activist: A Legal Ethics Analysis,
2020
Dalhousie University Schulich School of Law
The Government Lawyer As Activist: A Legal Ethics Analysis, Andrew Martin
Articles, Book Chapters, & Popular Press
Can a lawyer and government employee represent the government in her professional life while being an activist in her personal life? There is a striking and seemingly irreducible clash, at least at the intuitive level, between the two roles – between representing the government on the one hand while at the same time lobbying it or litigating against it on the other. Government lawyers are nonetheless some of the more successful activists in recent Canadian history. This article analyzes whether this duality is problematic from a legal ethics perspective. The analysis is grounded in three case studies: disability rights activist …
Hart Failure: The Supreme Judicial Court's Interpretation Of Nonjudicial Demeanor,
2020
University of Maine School of Law
Hart Failure: The Supreme Judicial Court's Interpretation Of Nonjudicial Demeanor, Harold T. Kelly Jr.
Maine Law Review
Among the inherent powers of the Maine Supreme Judicial Court is the power to regulate the officers of its courts. As the court explained in Board of Overseers of the Bar v. Lee, “each of the three co-equal branches of government has, without any express grant, the inherent right to accomplish all objects necessarily within the orbit of that department when not expressly allocated to, or limited by the existence of a similar power in, one of the other departments.” It is not surprising that the Supreme Judicial Court has for many years regulated, through formal disciplinary proceedings, the conduct …
The Unmet Legal Needs Of The Poor In Maine: Is Mandatory Pro Bono The Answer?,
2020
University of Maine School of Law
The Unmet Legal Needs Of The Poor In Maine: Is Mandatory Pro Bono The Answer?, Wendy F. Rau
Maine Law Review
In 1989, the Maine Commission on Legal Needs was formed to study the civil legal needs of Maine's poor population and to develop a plan for meeting those needs. Similar projects have been undertaken in a number of other states and by the American Bar Association in recent years. Each study has revealed a significant unmet need among the poor for assistance with legal problems. There seems little doubt that the situation is serious and widespread. The difficulty lies in finding a solution. One proposal that has been advanced is mandatory pro bono, a program that would require attorneys to …
Hart Failure: The Supreme Judicial Court's Interpretation Of Nonjudicial Demeanor,
2020
University of Maine School of Law
Hart Failure: The Supreme Judicial Court's Interpretation Of Nonjudicial Demeanor, Harold T. Kelly Jr.
Maine Law Review
Among the inherent powers of the Maine Supreme Judicial Court is the power to regulate the officers of its courts. As the court explained in Board of Overseers of the Bar v. Lee, “each of the three co-equal branches of government has, without any express grant, the inherent right to accomplish all objects necessarily within the orbit of that department when not expressly allocated to, or limited by the existence of a similar power in, one of the other departments.” It is not surprising that the Supreme Judicial Court has for many years regulated, through formal disciplinary proceedings, the conduct …
Foreword: Corporate Lawyers: Ethical And Practical Lawyering With Vanishing Gatekeeper Liability,
2020
SMU Dedman School of Law
Foreword: Corporate Lawyers: Ethical And Practical Lawyering With Vanishing Gatekeeper Liability, Marc I. Steinberg
Fordham Law Review
As the articles in this Colloquium illustrate, the role of the corporate lawyer—both as in-house and outside counsel—is instrumental in effectuating ethical lawyering, sound corporate governance practices, and law compliance. These timely contributions that are summarized at a later point in this Article comprise a valuable resource to assess the functions, obligations, and perceptions of the corporate attorney, as well as the public policy ramifications of counsel’s conduct.
Compliance Elites,
2020
Brooklyn Law School
Compliance Elites, Miriam H. Baer
Fordham Law Review
As corporate compliance has expanded its influence, so too has the status of those who implement and oversee the firm’s compliance function. Chief compliance officers (CCOs), who are often (but not exclusively) lawyers by training, increasingly boast the types of resumes one associates with elite lawyers. In many ways, this is good news for compliance. There may, however, be several downsides to a strategy of relying so heavily on a cadre of compliance elites. The aim of this Article is to discuss one of these downsides. High-performing lawyers nurture a potent, yet underexplored, cognitive blind spot. Having performed extremely well …
Bad Agent, Good Citizen?,
2020
University of Minnesota Law School
Bad Agent, Good Citizen?, Claire Hill, Brett Mcdonnell, Aaron Stenz
Fordham Law Review
Analyses of agents’ behavior normally focus on whether an agent is a good agent or a bad agent— whether or not an agent is faithfully pursuing the interests of her principal. But we should also consider whether a lawyer acting as a good agent is also promoting the public interest (i.e., a good citizen) or not (i.e., a bad citizen). Similarly, we should ask whether lawyers acting as bad agents are also harming society, or whether they may actually be promoting the public interest even though they are not promoting their clients’ interests.
Value Creation By Transactional Associates,
2020
University of Utah
Value Creation By Transactional Associates, Cathy Hwang
Fordham Law Review
How do transactional associates add value to deals? Other scholars have characterized transactional lawyers as transaction cost engineers, regulatory arbitrageurs, and enterprise architects. But those words describe partners. Although most of the deal team is made up of associates—and the vast majority of deal lawyers begin and end their careers in law firms as associates—the literature has said little about the work of associates. This Article seeks to illuminate what transactional associates do and how they add value to deals. Building on literature in contract design and transactional lawyering, it argues that associates help to mitigate some of the shortcomings …
Economic Inequality, Access To Law, And Mandatory Arbitration Agreements: A Comment On The Standard Conception Of The Lawyer’S Role,
2020
UCLA School of Law
Economic Inequality, Access To Law, And Mandatory Arbitration Agreements: A Comment On The Standard Conception Of The Lawyer’S Role, Sung Hui Kim
Fordham Law Review
This Article contends that these autonomy-based defenses of the standard conception cannot withstand the “economic inequality” objection. According to this objection, the moral worthiness of lawyering under the standard conception cannot be reconciled with a legal system that is so marred by gross economic inequality such that only the wealthy have access to lawyers. It can also not be reconciled with the fact that the wealthy routinely use lawyers to undermine the public interest and exploit others who cannot afford lawyers. After examining responses to the economic inequality objection, this Article concludes that these responses do not take seriously how …
Food In Prison: An Eighth Amendment Violation Or Permissible Punishment?,
2020
University of South Dakota
Food In Prison: An Eighth Amendment Violation Or Permissible Punishment?, Natasha M. Clark
Honors Thesis
This piece analyzes aspects such as; Eighth Amendment provisions, penology, case law, privatization and monopoly, and food law, that play into the constitutionality of privatized prisons using food as punishment. Prisoners have protection from excessive bail and fines and from cruel and unusual punishment, as per the 8th Amendment; however, deprivations such as restricted diets and harm caused by them is only a valid violation if the prisoner can prove deliberate indifference. Privatization of the prison industry has led to reduced quality, choice, and diversity in areas such as food, which comes at a detrimental cost to prisoners. Serving …
Return Of The King: Corruption Backsliding In America,
2020
LSU Paul M. Hebert Law Center
Return Of The King: Corruption Backsliding In America, Pedro Gerson
Cardozo International & Comparative Law Review
The United States appears to be going through a crisis of corruption. However, it is hard to know whether this is a matter of appearance or if the country is at risk of high levels of corruption making a comeback. The Article applies the equilibrium model of corruptionthe leading social science account of how corruption operates-to the current U.S. system, and shows that the United States may indeed be backsliding. The potential for corruption to creep back up is due to more than the political moment. Rather, it is the result ofpolitics combined with the relatively powerless institutional controls for …
The Legal Scholar's Guide Book Reviews,
2020
American University Washington College of Law
The Legal Scholar's Guide Book Reviews, Jamie Abrams
Scholarly Articles in Law Reviews & Journals
Success in law school and in the legal profession often involves mastering and navigating the plethora of unwritten rules and norms that govern institutions and communities. Differences in access to those unwritten rules can privilege and advance some while disadvantaging others. A second-generation law student, for example, is far more likely to know about the professional value of law review than a first-generation law student. Law scholarship is particularly plagued by an insularity that can yield a problematic echo chamber within elite institutions and privileged communities. Thus, the more legal scholarship can be explicitly demystified, taught, and mentored, the more …
Gatekeepers, Cultural Captives, Or Knaves?: Corporate Lawyers Through Different Lenses,
2020
Georgetown University Law Center
Gatekeepers, Cultural Captives, Or Knaves?: Corporate Lawyers Through Different Lenses, Donald C. Langevoort
Fordham Law Review
Here, I simply want to move things forward in the study of the professional responsibility of corporate lawyers in two ways that are somewhat related. One is to push harder on consciousness by looking more closely at the lengthy continuum— not a binary yes/no—in the awareness of wrongdoing risk as heavily influenced by the “slippery slope.” That is a layman’s intuition put to use well beyond academic research: armchair philosophers have long understood that the road to hell is not only paved with good intentions but starts in small, often unconscious steps that gradually grow larger and harder to stop. …
Forming Start-Up Companies: Who’S My Client?,
2020
Boston University School of Law
Forming Start-Up Companies: Who’S My Client?, Nancy J. Moore
Fordham Law Review
Consider the following scenario: three individuals—a magician, a baker, and a puppeteer—want to start a business that will run birthday parties for children. The magician will put up most of the money, the baker has extensive experience with children’s birthday parties, and the puppeteer, who has an MBA, will manage the business. They meet with a lawyer to help them form a company, including advising them on such issues as choice of entity and allocation of ownership and control. Before the lawyer agrees to the representation, she must ask herself: “who will I represent?”
Using General Counsel To Set The Tone For Work In Large Chapter 11 Cases,
2020
William S. Boyd School of Law
Using General Counsel To Set The Tone For Work In Large Chapter 11 Cases, Nancy B. Rapoport
Fordham Law Review
This Essay suggests that one way for the general counsel to help bankruptcy professionals make better staffing and budget decisions is to communicate her values more clearly to those professionals at the beginning of the engagement. In her role as the chief legal officer, the general counsel needs to let the bankruptcy professionals in on her thought processes. How does she watch over her own attorneys’ decisions in other types of cases? What expenses does she consider reasonable? If she takes an active role in monitoring her bankruptcy professionals’ work, her values (assuming that they’re good values) will contribute to …
Chief Legal Officer 5.0,
2020
Wake Forest University School of Law
Chief Legal Officer 5.0, Omari Scott Simmons
Fordham Law Review
This Essay builds upon the business-lawyer value-creation literature by analyzing the contemporary CLO and argues for an enhanced CLO role. It emphasizes the sometimes ignored and underemphasized demand-side considerations involved in the provision of legal services. These demand- side considerations will help to predict the competencies and expanded skill sets CLOs will need to navigate the challenging contemporary business environment. Part I of this Essay discusses CLOs’ sophisticated purchasing competencies. It explores how CLOs have revolutionized legal service provision by addressing problems stemming from information asymmetries between the client corporation and external legal service providers. Part II examines how the …
Corporate Law As An Existential Project,
2020
Santa Clara University School of Law
Corporate Law As An Existential Project, David Yosifon
Fordham Law Review
This Essay proposes that corporate law in particular can be a potent resource for the formation of meaning in our minds and in our lives.
Getting In And Out Of The House: The Worlds Of In-House Counsel, Big Law, And Emerging Career Trajectories Of In-House Lawyers,
2020
University of Denver Sturm College of Law
Getting In And Out Of The House: The Worlds Of In-House Counsel, Big Law, And Emerging Career Trajectories Of In-House Lawyers, Eli Wald
Fordham Law Review
The traditional story of in-house counsel is of a transformation and triumph over “Big Law” in a zero-sum game for power, prestige, and money. That story, however, is inaccurate descriptively, prescriptively, and normatively. Descriptively, in-house lawyers were part of the legal elite dominating corporate counseling before large law firms first rose to power and prominence. In-house counsel then lost ground and the position of general counsel to Big Law lawyers between the 1940s and 1970s, only to mount an impressive comeback to elite status beginning in the 1970s. Yet the in-house comeback was not a simple power struggle with Big …
Geneva Statement On Heritable Human Genome Editing: The Need For Course Correction,
2020
Boston University School of Law
Geneva Statement On Heritable Human Genome Editing: The Need For Course Correction, Roberto Andorno, Francoise Baylis, Marcy Darnovsky, Donna Dickenson, Hille Haker, Katie Hasson, Leah Lowthorp, George J. Annas, Catherine Bourgain, Katherine Drabiak, Sigrid Graumann, Katrin Grüber, Matthias Kaiser, David King, Regine Kollek, Calum Mackellar, Jing-Bao Nie, Osagie K. Obasogie, Mirriam Tyebally Fang, Gabriele Werner-Felmayer, Jana Zuscinova
Faculty Scholarship
As public interest advocates, policy experts, bioethicists, and scientists, we call for a course correction in public discussions about heritable human genome editing. Clarifying misrepresentations, centering societal consequences and concerns, and fostering public empowerment will support robust, global public engagement and meaningful deliberation about altering the genes of future generations.
