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
That's Not Fair Use: Why Rule 68 Copyright Defendants Canno Recover Post-Offer Attorney's Fees,
2021
American University Washington College of Law
That's Not Fair Use: Why Rule 68 Copyright Defendants Canno Recover Post-Offer Attorney's Fees, Ryan Kaiser
American University Law Review
Federal Rule of Civil Procedure 68 (Rule 68) is a cost-shifting rule that allows a non-prevailing defendant who made an offer of judgment more favorable than the final judgment to recover costs incurred from the point the offer was made. Until the mid-1980s, whether the rule could apply to the attorney’s fees was the source of much debate. In 1985, the U.S. Supreme Court provided a partial answer when it decided Marek v. Chesny, holding that Rule 68 operates to preclude a civil rights plaintiff from recovering post-offer attorney’s fees. The Court stated that Rule 68 costs include all costs …
The Effect Of The Uniform Bar Examination On Admissions, Diversity, Affordability, And Employment Across Law Schools In The United States,
2021
University of Pennsylvania
The Effect Of The Uniform Bar Examination On Admissions, Diversity, Affordability, And Employment Across Law Schools In The United States, Manuel S. González Canché, Taylor K. Odle, Ji Yeon Bae
Grantee Research
The Uniform Bar Examination (UBE), first implemented in February 2011 in Missouri and North Dakota, is a multijurisdictional or cross-state test designed to assess a minimum shared core of legal knowledge and lawyering skills. Since its implementation, UBE has now reached 37 states and territories, including the District of Columbia. Despite this prevalence, no empirical evidence exists regarding its effects on law schools’ admissions, diversity, affordability, and employment mobility of law students and graduates or of its effects on law schools’ application volumes or average bar passage rates. This study addresses this gap by providing a comprehensive examination of the …
Title Insurance: Protecting Property At What Price?,
2021
Benjamin N. Cardozo School of Law
Title Insurance: Protecting Property At What Price?, Stewart E. Sterk
Articles
The real property recording system is designed to protect purchasers and mortgagees against defects in title. Navigating that system is beyond the capacity of most laymen; historically, purchasers hired lawyers and other professionals to identify and eliminate title risks. Institutional lenders, however, sought more protection than a lawyer's opinion could provide, leading to the development of title insurance. Title insurance, unlike most other insurance, is focused not on risk spreading but on risk elimination. By examining title before issuing a policy, a title insurer minimizes the likelihood of a successful claim by an insured whose title turns out to be …
Focus On The Future: An Interview With Monsurat Ottun, Esq.,
2021
Roger Williams University School of LAw
Focus On The Future: An Interview With Monsurat Ottun, Esq., Nicole P. Dyszlewski, Meghan L. Hopkins
Law Faculty Scholarship
No abstract provided.
Focus On The Future: An Interview With Kaylin Pelletier-Koening, Esq.,
2021
Roger Williams University School of LAw
Focus On The Future: An Interview With Kaylin Pelletier-Koening, Esq., Nicole P. Dyszlewski, Meghan L. Hopkins
Law Faculty Scholarship
No abstract provided.
Focus On The Future: An Interview With Emily Heisler, Esq.,
2021
Roger Williams University School of LAw
Focus On The Future: An Interview With Emily Heisler, Esq., Nicole P. Dyszlewski, Meghan L. Hopkins
Law Faculty Scholarship
No abstract provided.
Changemakers: Coming Full Circle,
2021
Roger Williams University
Changemakers: Coming Full Circle, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Law Library Blog (January 2021): Legal Beagle's Blog Archive,
2021
Roger Williams University
Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
The Deborah Jones Merritt Center For The Advancement Of Justice,
2021
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Deborah Jones Merritt Center For The Advancement Of Justice, Claudia Angelos, Mary Lu Bilek, Joan W. Howarth
Scholarly Works
When invited to write an essay on clinical legal education honoring our friend, we were struck by the importance of a focus on clinical legal education in any collection of work paying tribute to Professor Deborah Jones Merritt. Legal education has benefited from a fifty-year movement for clinical education. This movement necessarily interrogates and seeks to overcome the anachronistic, inherited Langdellian paradigm that dominates and continues to define the curricula and policies of our law schools. But the movement for clinical education has been exponentially confounded by contemporary legal education’s shape as a pyramid of statuses and privileges accumulated over …
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 …
The Struggle With Basic Writing Skills,
2021
Touro Law Center
The Struggle With Basic Writing Skills, Ann Nowak
Scholarly Works
No abstract provided.
A Tribute To Professor Catherine Mahern,
2021
Touro Law Center
A Tribute To Professor Catherine Mahern, Lawrence Raful
Scholarly Works
No abstract provided.
Behind Bartkus: A Flamboyant Lawyer, A Vindictive Judge, And The Untold Story Of Double Jeopardy’S Dual Sovereignty,
2021
University of Oklahoma College of Law
Behind Bartkus: A Flamboyant Lawyer, A Vindictive Judge, And The Untold Story Of Double Jeopardy’S Dual Sovereignty, Stephen E. Henderson, Dean Strang
Faculty Articles
A young defense attorney earns his client, charged in federal court with bank robbery, a jury acquittal. (It’s the attorney’s first.) One would expect the impartial judge to thank the jury for its service. Instead, this one harangues both jury and defense attorney (“entailing changes in his complexion from red to purple to dead white”), publicly rails against the verdict, attempts to bar the jurors from future service, refuses to release the defendant, and successfully prods prosecutors to bring a duplicative state prosecution that would end in conviction for the same crime. To anyone who respects the rule of law—or …
Litigation Analytics: A Framework For Understanding, Using & Teaching,
2021
Notre Dame Law School
Litigation Analytics: A Framework For Understanding, Using & Teaching, Peter A. Hook
Journal Articles
This article, appearing in the American Association of Law Libraries bimonthly member magazine, provides a brief introduction (under 2000 words) to litigation analytics. It contains a definition, common uses of litigation analytics, a brief history, as well as why litigation analytics should be taught in law school. The author provides his framework for teaching and understanding litigation analytics which includes types of analytics, pivot points (perspectives from which the analytics may be understood), and contextualizes the various analytics offerings by insight-needs categories: (1) categorizing and clustering; (2) ordering, ranking, and sorting; (3) distribution; (4) comparison; (5) trends; (6) geospatial location; …
Men And Women Of The Bar: A Second Look At The Impact Of Gender On Legal Careers,
2021
Indiana University Maurer School of Law
Men And Women Of The Bar: A Second Look At The Impact Of Gender On Legal Careers, Kenneth G. Dau-Schmidt, Kaushik Mukhopadhaya
Articles by Maurer Faculty
A lot has happened in the time since our last study. Women have continued to improve their position in legal education and the legal profession. In 2009, women were 47% of first-year law students in American law schools and 31% of practicing lawyers. Women's enrollment in American law schools has steadily increased so that in 2018 they were the majority of firstyear law students (53.1%), and in 2019, they were the majority of all law students (51.3%). Correspondingly, with women's advantage in numbers in education, women's participation in the legal profession has continued to increase so that in 2019 they …
"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 …
Women Lawyers For Social Causes,
2021
New York Law School
Women Lawyers For Social Causes, Frank W. Munger, Peerawich Thoviriyavej, Vorapitchaya Rabiablok
Articles & Chapters
Women lawyers are increasing seen among the leading legal defenders of human rights and social movements in Thailand. Increasing visibility is partly a result of news coverage and social media, but women lawyers activism has far older roots. In this article, we examine two related processes of change that contribute to women’s emergence as leading social cause practitioners. First, we discuss the relationship between Thailand’s legal system and its social and political development since the end of the nineteenth century. Second, we employ career narratives of three women lawyers with innovative practices for social causes as a lens through which …
