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Layers Of Lawyers: Parsing The Complexities Of Claimant Representation In Mass Tort Mdls, Lynn A. Baker, Stephen J. Herman 2020 University of Texas School of Law

Layers Of Lawyers: Parsing The Complexities Of Claimant Representation In Mass Tort Mdls, Lynn A. Baker, Stephen J. Herman

Lewis & Clark Law Review

The individual plaintiff in an MDL is subject to the efforts and decisions of numerous different attorneys, including many whom the plaintiff did not choose but who stand to share in any fees resulting from the plaintiff’s case. Which lawyers effectively represent the MDL plaintiff, at what point(s) in time, for what purpose(s), and with what obligations and potential liability to that plaintiff? What obligations and potential liability do the MDL leadership attorneys have to their own individually retained clients and other litigants in the MDL, and how should these attorneys handle any perceived conflicts in their obligations to the …


On The Proposed Legalization Of Commercial Surrogacy: I Thought We Had Abolished The Sale Of Human Beings, Phyllis Chesler 2020 Phyllis Chesler Organization

On The Proposed Legalization Of Commercial Surrogacy: I Thought We Had Abolished The Sale Of Human Beings, Phyllis Chesler

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


The Long And Winding Road: Pursuing Gender Equality In Rhode Island, Cassandra L. Feeney 2020 Adler, Cohen, Harvey, Wakeman, & Guekguezian, LLP

The Long And Winding Road: Pursuing Gender Equality In Rhode Island, Cassandra L. Feeney

Roger Williams University Law Review

No abstract provided.


A New Frontier Facing Attorneys And Paralegals: The Promise & Challenges Of Artificial Intelligence As Applied To Law & Legal Decision-Making, Marissa Moran 2020 CUNY New York City College of Technology

A New Frontier Facing Attorneys And Paralegals: The Promise & Challenges Of Artificial Intelligence As Applied To Law & Legal Decision-Making, Marissa Moran

Publications and Research

Artificial Intelligence/AI invisibly navigates and informs our lives today and may also be used to determine a client’s legal fate. Through executive order, statements by a U.S. Supreme Court justice and a Congressional Commission on AI, all three branches of the United States government have addressed the use of AI to resolve societal and legal matters. Pursuant to the American Bar Association Model Rules of Professional Conduct[i] and New York Rules of Professional Conduct (NYRPC), [ii] the legal profession recognizes the need for competency in technology which requires both substantive knowledge of law and competent use of technology for …


Something Wicked This Way Thumbs: Personal Contact Concerns Of Text-Based Attorney Marketing, Ashley M. London 2020 Duquesne Kline School of Law

Something Wicked This Way Thumbs: Personal Contact Concerns Of Text-Based Attorney Marketing, Ashley M. London

Law Faculty Publications

When the American Bar Association (ABA) announced its latest revisions to Model Rules 7.1–7.5, governing attorney advertising, solicitation, and information about legal services in general, the organization may have unintentionally created a way for attorneys to hack directly into the brains of potential clients for purposes of pecuniary gain.

Brushing aside decades of precedent, the rule on Solicitation of Clients now allows real-time electronic solicitation, including text messaging and tweets. These developments beg the question of whether or not the ABA committee charged with redefining this rule actually understands the power and pervasiveness of cell phones, or how the use …


Professional Liability, Evan A. Kirkham, Hayden M. Baker, Tyler C. Wright 2020 Carrington Coleman

Professional Liability, Evan A. Kirkham, Hayden M. Baker, Tyler C. Wright

SMU Annual Texas Survey

No abstract provided.


Access Law Schools & Diversifying The Profession, Deseriee A. Kennedy 2020 Touro Law Center

Access Law Schools & Diversifying The Profession, Deseriee A. Kennedy

Scholarly Works

Lawyers do not reflect the racial diversity in the United States. The legal profession continues to struggle with ways to achieve and maintain racial diversity. Law schools play a critical role in the path to practice, and therefore an examination of the barriers to the profession they created is warranted. This essay critiques the over-reliance on standardized testing in law school admissions and advocates for an open admissions process that prioritizes racial and academic diversity. It suggests that the benefits of minimizing the role of standardized tests far outweigh any perceived costs in legal education. This essay concludes that the …


Revitalizing The Implied Warranty Of Habitability, Serge Martinez 2020 Notre Dame Law School

Revitalizing The Implied Warranty Of Habitability, Serge Martinez

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.


Foreword, Syndie G. E. Molina 2020 Touro Law Center

Foreword, Syndie G. E. Molina

Journal of Race, Gender, and Ethnicity

No abstract provided.


Our Criminal Justice System Is A Bear Trap, Frederick K. Brewington 2020 Touro Law Center

Our Criminal Justice System Is A Bear Trap, Frederick K. Brewington

Journal of Race, Gender, and Ethnicity

No abstract provided.


Ethical Considerations For Attorneys Researching Jurors On The Internet, Anthony M. LaPinta 2020 Touro University Jacob D. Fuchsberg Law Center

Ethical Considerations For Attorneys Researching Jurors On The Internet, Anthony M. Lapinta

Journal of Race, Gender, and Ethnicity

No abstract provided.


Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau 2020 Touro Law Center

Confession Obsession: How To Protect Minors In Interrogations, Cindy Chau

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa 2020 Touro Law Center

The Future Of Pretrial Detention In A Criminal System Looking For Justice, Gabrielle Costa

Journal of Race, Gender, and Ethnicity

No abstract provided.


Remorse, Not Race: Essence Of Parole Release?, Lovashni Khalikaprasad 2020 Touro Law Center

Remorse, Not Race: Essence Of Parole Release?, Lovashni Khalikaprasad

Journal of Race, Gender, and Ethnicity

No abstract provided.


A Survey Of Legal Ethics Education In Law Schools, Laurel S. Terry 2020 Penn State Dickinson Law

A Survey Of Legal Ethics Education In Law Schools, Laurel S. Terry

Faculty Contributions to Books

This book chapter, which was published in 2000, provides an overview of legal ethics education in U.S. law schools. Since 1974, legal ethics instruction has been required in law schools by the major accrediting body for law schools. The methods by which this require­ment has been satisfied vary, but the result is a much richer ethics literature than existed previously and a variety of approaches to the topic. This book chapter begins with an overview of the regulation of U.S. lawyers. The second section discusses the history of the legal ethics course requrirement. This section includes data from surveys published …


Ai Report: Humanity Is Doomed. Send Lawyers, Guns, And Money!, Ashley M. London 2020 Duquesne Kline School of Law

Ai Report: Humanity Is Doomed. Send Lawyers, Guns, And Money!, Ashley M. London

Law Faculty Publications

AI systems are powerful technologies being built and implemented by private corporations motivated by profit, not altruism. Change makers, such as attorneys and law students, must therefore be educated on the benefits, detriments, and pitfalls of the rapid spread, and often secret implementation of this technology. The implementation is secret because private corporations place proprietary AI systems inside of black boxes to conceal what is inside. If they did not, the popular myth that AI systems are unbiased machines crunching inherently objective data would be revealed as a falsehood. Algorithms created to run AI systems reflect the inherent human categorization …


Contracts: An Eight-Factor Test For Quantum Meruit Compensation For A Dismissed Contingency Fee Counsel—Faricy Law Firm, P.A. V. Api, Inc. Asbestos Settlement Trust, 912 N.W.2d 652 (Minn. 2018), Mitch Ohiwa 2020 Mitchell Hamline School of Law

Contracts: An Eight-Factor Test For Quantum Meruit Compensation For A Dismissed Contingency Fee Counsel—Faricy Law Firm, P.A. V. Api, Inc. Asbestos Settlement Trust, 912 N.W.2d 652 (Minn. 2018), Mitch Ohiwa

Mitchell Hamline Law Review

No abstract provided.


A Less Private Practice: Government Lawyers And Legal Ethics, Jennifer Leitch 2020 York University, Osgoode Hall Law School

A Less Private Practice: Government Lawyers And Legal Ethics, Jennifer Leitch

Dalhousie Law Journal

Government lawyers are public servants and legal professionals. How they differ from private lawyers has much to do with whom they purport to represent and how they exercise power as a lawyer. I will look at a particular case-study—the St. Anne’s Residential school adjudication. This case study illustrates the challenges that government lawyers face in fulfilling their professional duty within a traditional private lawyer framework. St. Anne’s Residential School involved some of the most egregious physical, sexual and psychological abuse of Indigenous children between 1941 and 1972. St. Anne’s Residential School litigation is used as a cautionary (and truly tragic) …


The Implications Of Federalism For The Regulation Of Federal Government Lawyers, Andrew Flavelle Martin 2020 Schulich School of Law, Dalhousie University

The Implications Of Federalism For The Regulation Of Federal Government Lawyers, Andrew Flavelle Martin

Dalhousie Law Journal

The implications of Canadian federalism for the regulation of lawyers for the federal government are largely overlooked in the literature and case law. This article argues that employees of the federal government can practice law without being licensed by the corresponding provincial law society (or any law society). However, if they happen to be licensed by a law society, they can be disciplined by that law society—unless and until Parliament adopts legislation immunizing them from law society discipline. The article also considers the possibility that Parliament could create a separate bar for federal government lawyers. It concludes that some form …


Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich 2020 Georgetown University Law Center

Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich

Georgetown Law Faculty Publications and Other Works

This Article is the first to make the business case for firms to promote and prioritize lawyer well-being. For more than three decades, quantitative research has demonstrated that lawyers suffer from depression, anxiety, and addiction far in excess of the general population. Since that time, there have been many calls within and outside the profession for changes to be made to promote, prioritize, and improve lawyer well-being, particularly because many aspects of the current law school and law firm models exacerbate mental health and addiction issues, as well as overall law student and lawyer distress. These calls for change, made …


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