Religious Roots Of Corporate Organization,
2021
Seattle University School of Law
Religious Roots Of Corporate Organization, Amanda Porterfield
Seattle University Law Review
Religion and corporate organization have developed side-by-side in Western culture, from antiquity to the present day. This Essay begins with the realignment of religion and secularity in seventeenth-century America, then looks to the religious antecedents of corporate organization in ancient Rome and medieval Europe, and then looks forward to the modern history of corporate organization. This Essay describes the long history behind the entanglement of business and religion in the United States today. It also shows how an understanding of both religion and business can be expanded by looking at the economic aspects of religion and the religious aspects of …
On Being First, On Being Only, On Being Seen, On Charting A Way Forward,
2021
Notre Dame Law School
On Being First, On Being Only, On Being Seen, On Charting A Way Forward, Veronica Root Martinez
Journal Articles
This Essay reflects upon my professional experiences as a Black woman both at Notre Dame and beyond. It argues that it is important for students to have demographically diverse professors within their educational environments. It calls for the Notre Dame Law School community to continue to create a diverse, equitable, and inclusive culture.
Review Of The Judicial Tug Of War: How Lawyers, Politicians, And Ideological Incentives Shape The American Judiciary,
2021
Washington University in St. Louis School of Law
Review Of The Judicial Tug Of War: How Lawyers, Politicians, And Ideological Incentives Shape The American Judiciary, Christina L. Boyd, Matthew E. Baker
Scholarship@WashULaw
In their new book, Bonica and Sen promise a JUDICIAL TUG OF WAR, and they deliver. THE JUDICIAL TUG OF WAR: HOW LAWYERS, POLITICIANS, AND IDEOLOGICAL INCENTIVES SHAPE THE AMERICAN JUDICIARY investigates the battle between the legal profession and political elites “in which the judiciary not only is the prize to be won but is also caught in the middle” (p. 19). The result of this high stakes conflict is a judiciary tinged by politics. In modern times, the legal bar pulls the judiciary to the left, while political elites, on average, yank back toward the right. As Bonica and …
The Rules Of The (Belt And) Road: How Lawyers Participate In China's Outbound Investment And Infrastructure Initiatives,
2021
Washington University in St. Louis School of Law
The Rules Of The (Belt And) Road: How Lawyers Participate In China's Outbound Investment And Infrastructure Initiatives, Lawrence J. Liu
Scholarship@WashULaw
This article provides a bottom-up view of China’s Belt and Road Initiative (BRI) though an empirical examination of how and why domestic lawyers are engaged in BRI investment and infrastructure projects. Drawing on an original dataset of biographical information of, and eleven semi-structured interviews with, lawyers identified by the state as “BRI and Cross-Border Legal Experts,” I examine these lawyers’ demographic characteristics, the knowledge they rely upon in their work, and their motivations. I find that China’s BRI lawyers work and speak in ways similar to cross-border lawyers from countries like the United States. At the same time, these state-adjacent …
State-Adjacent Professionals: How Chinese Lawyers Participate In Political Life,
2021
Washington University in St. Louis School of Law
State-Adjacent Professionals: How Chinese Lawyers Participate In Political Life, Lawrence J. Liu, Rachel E. Stern
Scholarship@WashULaw
This article complicates the conventional wisdom that Chinese lawyers are either politically liberal activists or apolitical hired guns by training our attention on the group of lawyers who choose to stand adjacent to the state and participate in governance. Through an examination of how and why winners of the state-sanctioned Outstanding Lawyer Award participate in politics, we illustrate how state-adjacent lawyers provide the state with information and persuade others to behave in ways the state considers appropriate. Although proximity to power affords some social and professional benefits, award winners are also motivated by a commitment to improving Chinese society. By …
Lawyers As Social Engineers: How Lawyers Should Use Their Social Capital To Achieve Economic Justice,
2021
University of Michigan Law School
Lawyers As Social Engineers: How Lawyers Should Use Their Social Capital To Achieve Economic Justice, Dana Thompson
Michigan Journal of Race and Law
The Michigan Business & Entrepreneurial Law Review (MBELR) has always strived to provide a platform for legal scholars, professionals, and students to publish business-related legal scholarship. Yet, little legal business scholarship focusing on the Black business community exists, despite the extraordinary impact that Black communities have in the U.S. business landscape. In a year of revolutionary social change, we are excited to feature in this special issue the work of Professor Dana Thompson, a Michigan Law alumna, in an effort to remedy this gap. Professor Thompson’s career, professional values, and day-to-day work demonstrate genuine, commanding, and inspiring commitment to social …
Law Talk In A Brief Advice Clinic,
2021
S.J. Quinney College of Law, University of Utah
Law Talk In A Brief Advice Clinic, Linda F. Smith
Utah Law Faculty Scholarship
Over three decades ago, Sarat and Felstiner published a ground-breaking ethnographic study of divorce client-lawyer conversations. They concluded that lawyers portrayed "a chaotic 'anti-system' in which [clients] cannot rely on the technical proficiency, or good faith, of judges and rival lawyers" but need to rely on their own lawyers' insider status to achieve reasonable outcomes.1 Although lawyers initially described the law and procedure to their clients, they rarely referenced that rational description when explaining what had occurred or would occur in their clients' cases. This law talk may have gradually and ultimately persuaded the clients to reach reasonable settlements, but …
Access Denied: How 28 U.S.C. Sec. 1915(G) Violates The First Amendment Rights Of Indigent Prisoners,
2021
New York Law School
Access Denied: How 28 U.S.C. Sec. 1915(G) Violates The First Amendment Rights Of Indigent Prisoners, Molly Guptill Manning
Articles & Chapters
No abstract provided.
How To Train Your Supervisor,
2021
New York Law School
How To Train Your Supervisor, Kris Franklin, Paula J. Manning
Articles & Chapters
In an ideal world every meeting between law students and professors, or between beginning lawyers and their supervisors, would leave supervisors impressed by their charges and junior lawyers/students with a clear sense of direction for their work. But we do not live in that ideal world. Instead, supervisors, supervisees, law professors and law students frequently leave such meetings feeling frustrated, disconnected and without a shared understanding of how to improve the experience (and future performance).
This Article seeks to improve supervisory meetings, and to do so from the perspective of the ones under supervision. There is a genuine art to …
Panel 1: The Scope And Strength Of Trademark Law,
2021
Debevoise & Plimpton LLP
Panel 1: The Scope And Strength Of Trademark Law, Megan K. Bannigan, Leah Chan Grinvald, Theodore H. Davis Jr., Mark P. Mckenna, Felix Wu
Cardozo Arts & Entertainment Law Journal
The article examines the evolution and effectiveness of the Lanham Act, focusing on its impact on trademark law. It discusses how the Act's original goals, such as providing notice of trademark rights and ensuring uniformity in a national commerce context, have been partially met due to the lack of mandatory registration and judicial interpretations that have expanded trademark protections beyond initial intentions. The panelists highlight the tension between the procedural nature of the Act and the substantive changes introduced by courts, leading to both underenforcement and overenforcement issues.
Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion,
2021
Southern Methodist University, Dedman School of Law
Playing By The Rule: How Aba Model Rule 8.4(G) Can Regulate Jury Exclusion, Anna Offit
Faculty Journal Articles and Book Chapters
Discrimination during voir dire remains a critical impediment to empaneling juries that reflect the diversity of the United States. While various solutions have been proposed, scholars have largely overlooked ethics rules as an instrument for preventing discriminatory behavior during jury selection. Focusing on the ABA Model Rule 8.4(g), which regulates professional misconduct, this article argues that ethics rules can, under certain conditions, offer an effective deterrent to exclusionary practices among legal actors. Part I examines the specific history, evolution, and application of revised ABA Model Rule 8.4(g). Part II delves into the ways that ethics rules in general, despite their …
Thoughts On The Retirement Of Jim Stewart,
2021
University of Michigan Law School
Thoughts On The Retirement Of Jim Stewart, Leonard M. Niehoff
Articles
At the end of April 2021, Jim Stewart - my friend and colleague of almost 40 years - retired from the practice of law. He will now be spending his time trying to win rounds of golf instead of cases and trying to win arguments with his three daughters instead of opposing counsel. I know Jim will enjoy retirement, but I'm skeptical that his win-loss record is about to improve.
Distributing Attorney Fees In Multidistrict Litigation,
2021
Vanderbilt University Law School
Distributing Attorney Fees In Multidistrict Litigation, Edward K. Cheng, Paul H. Edelman, Brian T. Fitzpatrick
Vanderbilt Law School Faculty Publications
As consolidated multidistrict litigation has come to dominate the federal civil docket, the problem of how to divide attorney fees among participating firms has become the source of frequent and protracted litigation. For example, in the National Football League (NFL) Concussion Litigation, the judge awarded the plaintiff attorneys over $100 million in fees, but the division of those fees among the twenty-six firms involved sparked two additional years of litigation. We explore solutions to this fee division problem, drawing insights from the economics, game theory, and industrial organization literatures. Ultimately, we propose a novel division method based on peer reports. …
A Novel Response: How Law Libraries Adapted To The Pandemic,
2021
University of Colorado Law School
A Novel Response: How Law Libraries Adapted To The Pandemic, Aamir S. Abdullah
Publications
No abstract provided.
A Grammar Of Legal Thought,
2021
University of Colorado Law School
A Grammar Of Legal Thought, Derek H. Kiernan-Johnson
Publications
No abstract provided.
The Small-Er Screen: Youtube Vlogging And The Unequipped Child Entertainment Labor Laws,
2021
Seattle University School of Law
The Small-Er Screen: Youtube Vlogging And The Unequipped Child Entertainment Labor Laws, Amanda G. Riggio
Seattle University Law Review
Family vloggers are among the millions of content creators on YouTube. In general, vloggers frequently upload recorded videos of their daily lives. Family vloggers are unique because they focus their content around their familial relationships and the lives of their children. One set of family vloggers, the Ace Family, has recorded their children’s lives from the day they were born and continue to upload videos of each milestone, including “Elle Cries on Her First Rollercoaster Ride” and “Elle and Alaïa Get Caught Doing What!! **Hidden Camera**.” Another vlogging couple, Cole and Savannah LaBrant, post similar content, including videos titled “Baby …
An Innovative Approach To Movement Lawyering: An Immigrant Rights Case Study,
2021
University of Washington
An Innovative Approach To Movement Lawyering: An Immigrant Rights Case Study, Christine N. Cimini, Doug Smith
Articles
The role of lawyers in social change movements is more important than ever as communities mobilize around systemic racism, police killings, xenophobia, rising unemployment, and widening economic inequality. The immigrant rights movement is a critical part of these efforts to foment change. This Article leverages an in-depth case study – the rise and fall of the controversial immigration enforcement program known as Secure Communities - to explore how lawyers work as part of a community to challenge power and effectuate change. The dismantling of Secure Communities was widely credited to a relentless campaign to thwart the government’s then-expanding deportation strategy. …
The Use Of Technical Experts In Software Copyright Cases: Rectifying The Ninth Circuit’S “Nutty” Rule,
2021
Columbia Law School
The Use Of Technical Experts In Software Copyright Cases: Rectifying The Ninth Circuit’S “Nutty” Rule, Shyamkrishna Balganesh, Peter S. Menell
Faculty Scholarship
Courts have long been skeptical about the use of expert witnesses in copyright cases. More than four decades ago, and before Congress extended copyright law to protect computer software, the Ninth Circuit in Krofft Television Productions, Inc. v. McDonald’s Corp. ruled that expert testimony was inadmissible to determine whether Mayor McCheese and the merry band of McDonald’s characters infringed copyright protection for Wilhelmina W. Witchiepoo and the other imaginative H.R. Pufnstuf costumed characters. Since the emergence of software copyright infringement cases in the 1980s, substantially all software copyright cases have permitted expert witnesses to aid juries in understanding software code. …
Rwu Law Equity Scorecard February 2021,
2021
Roger Williams University
Rwu Law Equity Scorecard February 2021, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Focus On The Future: An Interview With Justin S. Smith, Esq.,
2021
Roger Williams University School of LAw
Focus On The Future: An Interview With Justin S. Smith, Esq., Nicole P. Dyszlewski, Meghan L. Hopkins
Law Faculty Scholarship
No abstract provided.
