Antiracism, Reflection, And Professional Identity,
2021
University of Washington School of Law
Antiracism, Reflection, And Professional Identity, Monte Mills, Eduardo R.C. Capulong, Andrew King-Ries
Articles
Intent on more systematically developing the emerging professional identities of law students, the professional identity formation movement is recasting how we think about legal education. Notably, however, the movement overlooks the structural racism imbedded in American law and legal education. While current models of professional development value diversity and cross-cultural competence, they do not adequately prepare the next generation of legal professionals to engage in the sustained work of interrupting and overthrowing race and racism in the legal profession and system. This article argues that antiracism is essential to the profession’s responsibility to serve justice and therefore key to legal …
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 …
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 …
Race, Rules, And Disregarded Reality,
2021
Saint Louis University School of Law
Race, Rules, And Disregarded Reality, Marsha Griggs
All Faculty Scholarship
Exploring issues of racial bias and social injustice in the law school classroom is a modern imperative. Yet, important conversations about systemic inequality in the law and legal profession are too often dissociated from core doctrinal courses and woodenly siloed to the periphery of the curriculum. This dissociation creates a paradigm of irrelevancy-by-omission that disregards the realities of the lived experiences of our students and the clients they will ultimately serve. Using Evidence as a launch pad, Professor Deborah Merritt has paved a pathway to incorporate these disregarded realities in doctrinal teaching. This important pathway leads to safe spaces necessary …
“Portability Of The Ube: Where Is It When You Need It And Do You Need It At All?”,
2021
Touro Law Center
“Portability Of The Ube: Where Is It When You Need It And Do You Need It At All?”, Suzanne Darrow- Kleinhaus
Scholarly Works
No abstract provided.
A Merritt-Orious Path For Lawyer Licensing,
2021
Touro Law Center
A Merritt-Orious Path For Lawyer Licensing, Eileen Kaufman, Carol L. Chomsky, Andrea Anne Curcio
Scholarly Works
More than two decades ago, Professor Deborah Merritt turned her attention to responding to the then-proliferating efforts to raise state passing scores for the bar examination. Writing with Lowell Hargens and Barbara Reskin, two professors of sociology, Professor Merritt challenged the methodology of the studies that purported to show the need to “raise the bar.” In the process, she presciently raised broader concerns about the validity of the bar exam to assess lawyer competence and the impact of the bar exam on the diversity of the legal profession. In the years since, Professor Merritt has continued to critique the bar …
A Cross-Cutting Public Law Scholar For The Ages,
2021
Boston University School of Public Health; Boston University School of Law
A Cross-Cutting Public Law Scholar For The Ages, Nicole Huberfeld
Faculty Scholarship
Thanks to Fred Shapiro’s labor, we can see that the under-fifty category of most-cited legal scholars better represents the lawyering population than the all-time rankings of legal scholars, as it has more modern and diverse scholarship, and it has a higher percentage of women than the all-time rankings of legal scholars. Anyone who knows Professor Abbe Gluck’s work cannot be surprised that she is included among the most-cited scholars under the age of fifty. 1 Abbe is a force of nature, a brilliant legal mind with a diabolical work ethic. Even if she ceased publishing today, her scholarly legacy would …
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.
The Legal Industry's Second Chance To Get It Right,
2021
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Legal Industry's Second Chance To Get It Right, Nancy B. Rapoport, Joseph R. Tiano Jr.
Scholarly Works
No abstract provided.
Using Experiential Learning To Create An Inclusive Classroom, Promote Equity, And Develop Professional Identity,
2021
American University Washington College of Law
Using Experiential Learning To Create An Inclusive Classroom, Promote Equity, And Develop Professional Identity, Tianna N. Gibbs
Scholarly Articles in Law Reviews & Journals
Legal education is changing. As law schools diversify their student bodies, they are being more intentional about the creation of an inclusive and equitable learning environment. Law schools also are engaging in curricular and pedagogical reform to better prepare students for law practice. Incorporating experiential learning into the law school curriculum has been a significant component of these reform efforts. The development of students’ professional identity also has become a focus of preparation for practice.
Judges And The Deregulation Of The Lawyer's Monopoly,
2021
George Washington University Law School
Judges And The Deregulation Of The Lawyer's Monopoly, Jessica K. Steinberg, Anna E. Carpenter, Colleen F. Shanahan, Alyx Mark
Faculty Scholarship
In a revolutionary moment for the legal profession, the deregulation of legal services is taking hold in many parts of the country. Utah and Arizona, for instance, are experimenting with new regulations that permit nonlawyer advocates to play an active role in assisting citizens who may not otherwise have access to legal services. In addition, amendments to the Rules of Professional Conduct in both states, as well as those being contemplated in California, now allow nonlawyers to have a partnership stake in law firms, which may dramatically change the way capital for the delivery of legal services is raised as …
Design Justice In Municipal Criminal Regulation,
2021
Columbia Law School
Design Justice In Municipal Criminal Regulation, Amber Baylor
Faculty Scholarship
This article explores design justice as a framework for deeper inclusion in municipal criminal court reform. Section I provides a brief summary of a typical litigant’s path through modern municipal courts. Then, section I explores the historic role of municipal courts, the insider/outsider dichotomy of municipal criminal regulation, and the limitations of past reform efforts. Section II shifts into an overview of participatory design and discusses the new emergence of design justice. Within the discussion of design justice, the article focuses on three precepts of design justice: excavating the history and impact of the courts, creating tools for participation, and …
Of Sheepdogs And Ventriloquists: Government Lawyers In Two New Deal Agencies,
2021
Georgetown University Law Center
Of Sheepdogs And Ventriloquists: Government Lawyers In Two New Deal Agencies, Daniel R. Ernst
Georgetown Law Faculty Publications and Other Works
From the neo-Weberian literature on state-building and the political sociology of the legal profession, one might expect government lawyers to be sheepdogs, nipping at the heels of straying administrators, supplying their agencies with the bureaucratic autonomy so often missing in American government. In this contribution to “Serious Fun” a symposium in honor of John Henry Schlegel of the University at Buffalo School of Law, I report my preliminary findings for two agencies created during the Hundred Days of Franklin D. Roosevelt’s presidency, the Agricultural Adjustment Administration and the National Recovery Administration. I suggest that the neo-Weberian model tends to minimize …
Creativity, Content, And Community In Evidence Online,
2021
New York Law School
Creativity, Content, And Community In Evidence Online, Lynn Su
Articles & Chapters
No abstract provided.
Understanding And Lifting Up Our Quiet Students: Reimagining "Participation" In The Remote Classroom,
2021
New York Law School
Understanding And Lifting Up Our Quiet Students: Reimagining "Participation" In The Remote Classroom, Heidi K. Brown
Articles & Chapters
No abstract provided.
"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 …
Power And Possibility In The Era Of Right To Counsel, Robust Rent Laws & Covid-19,
2021
New York Law School
Power And Possibility In The Era Of Right To Counsel, Robust Rent Laws & Covid-19, Erica Braudy, Kim Hawkins
Articles & Chapters
New York City (NYC) finds itself in an unprecedented housing crisis as the coronavirus (COVID-19) pandemic reveals with devastating force that safe, sustainable and affordable housing is both a human right and a public health necessity. The profound humanitarian and economic devastation of COVID-19 puts millions of New Yorkers at risk of eviction especially those within Black and Latinx communities. In addition, the pandemic hit just as the legal landscape for tenants was transformed through landmark legislation ensuring the Right to Counsel in eviction proceedings and sweeping reforms of New York's rent laws. The unparalleled COVID-19 pandemic, the influx of …
Law School Exams During A Pandemic: One Law School’S Experience,
2020
Nova Southeastern University - Shepard Broad College of Law
Law School Exams During A Pandemic: One Law School’S Experience, Beth Parker
Seattle Journal of Technology, Environmental, & Innovation Law
In 2020, toward the end of the spring semester, the COVID-19 pandemic disrupted life across the globe. Institutions, including law schools, felt the widespread effects of this public health crisis. Law schools were forced to move entire curriculums online in record time and consider how they were going to administer final exams. There is no precedent or manual for how to do this successfully. Law school exams are inherently stressful events in a law student’s career because their performance on the exam inordinately influences their grades and class rankings. Typically, law students are already on edge during final exams without …
