Legal Profession Commons^™

The Keystone State Should Forge A New Path To Lawyer Licensure, Ashley M. London, Nachman Gutowski, Sarah J. Garrison, Steven Foster

Scholarly Works

Pennsylvania should reject the adoption of the NextGen bar examination and instead develop a new, state-specific pathway to lawyer licensure that better serves the needs of the legal profession and the public. The NextGen exam, designed by the National Conference of Bar Examiners (NCBE), introduces significant challenges, including its lack of transparency, inadequate preparation materials, and reliance on a rigid, memorization-heavy format. These deficiencies hinder equitable access to licensure, disproportionately affecting underrepresented groups and perpetuating systemic barriers within the profession.

Moreover, NextGen's failure to robustly address critical legal areas, such as trusts and estates, jeopardizes the ability of new lawyers …

Hidden In Code: Unmasking Al Bias In Hiring, Katie Rubin

Cardozo Journal of Equal Rights & Social Justice

The note argues that while AI-driven hiring tools offer efficiency, they often automate and amplify systemic biases by relying on flawed historical data, creating a "hidden" form of discrimination. The analysis asserts that existing legal frameworks are inadequate for addressing these algorithmic harms, necessitating urgent federal reforms to ensure transparency and accountability.

The Object Of Interpretation, Francisco J. Urbina

Journal Articles

This Article provides an account of the object of legal interpretation. It examines various potential objects: text, lawmaking choice, practice, and order. The Article argues for a pluralist conception of the object of interpretation, according to which all of these alternatives are possible objects. In making this argument, the Article puts forth an account of the nature of the object of interpretation. The object of legal interpretation is, in essence, what is treated as a source of law, a fact that is recognized as generating law. As such, which alternative is exactly the object of interpretation in a given context …

A Trusteeship Theory Of Pro Bono: Versions And Perversions, David Luban

Georgetown Law Faculty Publications and Other Works

This chapter develops a trusteeship justification of pro bono, arguing that lawyers, as trustees of a public legal system created through democratic self-authorship, have a moral obligation to help address the persistent justice gap affecting persons of limited means. It evaluates multiple forms of pro bono — including voluntary, mandatory, low bono, and state-compelled service — evaluating how well each aligns with the trusteeship model. The chapter contrasts the trusteeship theory with, and criticizes, two alternative justifications for pro bono: presumed lawyer consent rooted in professional tradition and a quid pro quo based on state-authorized privileges. It concludes by distinguishing …

Dan Subotnik: Teacher, Scholar, And Friend, Rena C. Seplowitz

Touro Law Review

No abstract provided.

Send In The Fashion Police!!!, Martin D. Goodman, Miriam Goodman

Touro Law Review

No abstract provided.

Stanley & Daniel: A Lifelong Friendship In Courts & Concert Halls, Stanley Sperber

Touro Law Review

No abstract provided.

Dan Subotnik: Life-Long Teacher And Mentor, Rena Subotnik

Touro Law Review

No abstract provided.

Dan Subotnik—Three Encounters And One Strong Memory, Honorable Robert S. French

Touro Law Review

No abstract provided.

Rescued Before He Was Born – Dan Subotnik’S Journey In Utero Out Of Nazi-Occupied Europe, Olivia Mattis

Touro Law Review

No abstract provided.

Dan Subotnik Tribute, Dr. Patricia Baia

Touro Law Review

No abstract provided.

The Federal Rules Of Evi-Dance: Exploring And Reimagining Evidence Law Through Music, And Proposing Amendments To Rule 604, Brian C. Potts

Faculty Articles

Every trial has a rhythm and a flow. Every trial is a performance. This article extends the literature on law and music further into the field of evidence. I offer a new exploration and reimagining of the Federal Rules of Evidence through leitmotivs. I contend that leitmotivs—musical calling cards—reify principles of evidence law. As I spin these leitmotivs, I propose two amendments to Rule 604 regarding the oath for courtroom interpreters. I propound a new critique explaining how and why courts are wrong when they often claim “Daubert did not work a ‘seachange’ over federal evidence law.” I tender two …

The Nevada Plan: Redefining The Bar In The Silver State, Grace Michaelson

Nevada Law Journal Forum

Nevada is rewriting the rules of entry into its legal profession. In 2024, the Nevada Supreme Court approved plans for a new state bar exam that will take effect in 2027. The new format, known as the Nevada Plan, significantly departs from Nevada’s traditional bar exam and fundamentally alters the licensure process for those aspiring to practice law in the Silver State. This Note will explore the proposed changes and their implications through three main sections. Part I provides essential context for understanding the current moment in bar exam reform. It begins by examining the traditional role of bar exams …

The Use Of State Discipline To Sanction Attorneys General And Other High-Ranking Legal Officers, Leslie C. Levin

Faculty Articles and Papers

The United States Attorney  General, state attorneys general, and high-ranking officials in their offices, like all lawyers, are subject to rules of professional conduct.  Increasingly,  when they  push the  boundaries of  these  rules and other well-established  professional  norms,  individuals  and  organizations  are  filing state  lawyer  disciplinary  grievances  against  them.  While  some  see  troubling conduct  by  these  high-ranking  legal  officers,  others  view  these  disciplinary grievances  as  politically  motivated.  State  lawyer  disciplinary  authorities  often try to avoid addressing these grievances. This article  examines  why it is nonetheless  important  for  state  lawyer  disciplinary  authorities—which  are  arms  of state courts—to act on certain grievances. …

Misinformation And The Law, Gustavo Ribeiro

Scholarly Articles in Law Reviews & Journals

This Article bridges critical gaps between the growing body of social science research on misinformation and the persistent challenges jurors face in evaluating potentially unreliable evidence in courtrooms. Misinformation—a pervasive issue undermining decision-making in democratic societies—mirrors the difficulties jurors encounter in distinguishing truth from falsehood amid compelling but unreliable evidence. The consequences of such challenges are dire: wrongful convictions, racial disparities, and the erosion of public trust in the legal system.

This Article is the first piece of legal scholarship to provide a comprehensive discussion of current research on the psychological mechanisms underlying susceptibility to misinformation—such as the illusory truth …

Hallucinated Legal Presentations In Civil Trial Courts, Jeffrey Parness

Cardozo Law Review de•novo

Increasingly, hallucinated legal presentations are being discovered and sanctioned in U.S. federal and state civil trial courts. Such presentations encompass papers that are signed, filed, submitted, or advocated, which contain nonexistent legal sources, whether case precedents, statutes, court rules, administrative regulations, or otherwise. These presentations may be discovered by judges, presenting lawyers, opposing lawyers, unrepresented parties, or witnesses.

Does It Matter What People Lie About?, Stefanie Jung, Peter Krebs, Monika Leszczynska

Faculty Scholarship

We investigate whether people’s moral judgments of lies in pre-contractual negotiations differ from their views on whether such lies should give the deceived party a legal right to rescind the contract, and whether these judgments depend on the content of the lie. In a vignette study with 832 German students and 885 participants from Germany, Italy, and the United States, respondents evaluated a range of common negotiation lies. Across samples, participants were generally more likely to deem a lie immoral than to believe it should justify rescission, but the size of this gap varied depending on the lie’s subject. Lies …

Equal Justice & Generative Ai, Milan R. Markovic

Faculty Scholarship

The United States has long suffered from unequal access to justice, with countless low-and middle-income Americans forced to navigate the legal system alone. Recently, prominent judges, lawyers, and scholars have seized on generative AI as a potential corrective. These techno-optimists maintain that ChatGPT and other large language models can demystify the law and address unmet legal needs. Chief Justice John Roberts has proclaimed that AI-based tools "have the welcome potential to smooth out any mismatch between available resources and urgent needs in our court system."

Although AI will be an increasingly important source of legal assistance for underserved populations, the …

Measuring Lawyer Mental Illness: Evidence From Two National Surveys, Benjamin David Pyle, Clifford Rosky

Faculty Scholarship

The American Bar Association declared a “well-being crisis” among lawyers, but the empirical basis for this claim has been contested in recent years. This study systematically compares two high-quality, nationally representative surveys —the National Health Interview Survey (NHIS) and the National Survey on Drug Use and Health (NSDUH)—to measure the prevalence of mental illness and alcohol misuse among lawyers. In both surveys, lawyers report elevated rates of alcohol misuse compared to the general public and similarly educated peers. The NHIS finds that lawyers experience psychological distress at rates lower than the general public and similar to, or moderately higher than, …

Allied Professionals In (Academic) Law Libraries, Part I: Evolving Roles, Skills, And Professional Development Needs, Sarah E. Ryan, Mads Ball, Agnes G. Pearcy, Diana Quinones, Dawn L. Smith

Library Staff Publications

Allied professionals comprise a significant portion of the law library workforce, yet their experiences and career pathways are often overlooked in discussions about the profession’s future. This article presents findings from a survey examining how allied professionals pursue professional development, upskilling, and career mobility. While respondents demonstrated a strong commitment to growth, opportunities varied widely and were often limited by institutional support. The authors discuss the survey findings, explore the implications for the profession, and offer recommendations for better supporting allied professionals and recognizing their essential contributions to law librarianship. This is the first in a two-part series.