Could The Benefits Of The Public Service Loan Forgiveness Program Be Retroactively Curtailed?,
2019
Southern Methodist University, Dedman School of Law
Could The Benefits Of The Public Service Loan Forgiveness Program Be Retroactively Curtailed?, Gregory S. Crespi
Faculty Journal Articles and Book Chapters
There is a sharp tension between the expectations that hundreds of thousands to millions of persons have or will have regarding their right to have their federal student loan debts forgiven under the Public Service Loan Forgiveness (“PSLF”) program and the legitimate public concerns regarding the large costs and regressive incidence of the PSLF program’s benefits. In 2017, the Trump Administration proposed abolishing the PSLF program for future federal Direct Loans, but this proposal was not adopted. A similar proposal was made in 2019 as part of the Administration’s fiscal 2020 budget proposal, with little chance of adoption. But given …
The Problem Of The Faithless Principal: Fiduciary Theory And The Capacities Of Clients,
2019
Cornell University Law School
The Problem Of The Faithless Principal: Fiduciary Theory And The Capacities Of Clients, W. Bradley Wendel
Penn State Law Review (2003 - Present)
Philosophers sometimes criticize the lawyer-client relationship for rendering the lawyer “at best systematically amoral.” Legal ethics theorists typically analyze the lawyer-client relationship in terms of role-differentiation or a separation of public and private moralities. But if we concentrate instead on the allocation of responsibility for decisionmaking within a fiduciary relationship, the idea of differentiation or separation of moral spheres falls away somewhat . This Article considers two issues raised by the allocation of moral responsibility within the lawyer-client relationship. First, why should the agency structure of the lawyer-client relationship, with its associated fiduciary duties, do anything to affect the moral …
The Architecture Of Drama: How Lawyers Can Use Screenwriting Techniques To Tell More Compelling Stories,
2019
University of Colorado Law School
The Architecture Of Drama: How Lawyers Can Use Screenwriting Techniques To Tell More Compelling Stories, Teresa M. Bruce
Publications
Hollywood writers have a secret. They know how to tell a compelling story—so compelling that the top-grossing motion pictures rake in millions, and sometimes billions, of dollars. How do they do it? They use a simple formula involving three acts that propel the story forward, three "plot points" that focus on the protagonist, and two "pinch points" that focus on the adversary. The attached Article argues that lawyers should build their stories in the same way Hollywood writers do. It deconstructs the storytelling formula used in movies and translates it into an IRAC-like acronym, SCOR. Attorneys who use SCOR will …
Mindfulness In Legal Ethics And Professionalism,
2019
University of Colorado Law School
Mindfulness In Legal Ethics And Professionalism, Peter H. Huang
Publications
Mindfulness involves paying attention with curiosity in an intentional, open, and compassionate way to life as it unfolds moment to moment. Law students, lawyers, law professors, legal clients, and indeed all people can improve their lives through mindfulness. Mindfulness can lead to individual benefits and personal transformation. Mindfulness can also lead to societal benefits and social change. This invited symposium contribution exemplifies how mindfulness can facilitate the positive personal and professional development of law students by presenting excerpts of law students’ answers discussing mindfulness to questions from the final examination of the course: Legal Ethics and Professionalism. Notably, none of …
An Apology For Lawyers: Socrates And The Ethics Of Persuasion,
2019
University of Michigan Law School
An Apology For Lawyers: Socrates And The Ethics Of Persuasion, Sherman J. Clark
Michigan Law Review
Review Plato's "Apology of Socrates" in Six Great Dialogues: Apology, Crito, Phaedo, Phaedrus, Symposium, and The Republic.
Sticking To The Union? A Study On The Unionization Of Academic Law Libraries,
2019
University of Georgia School of Law
Sticking To The Union? A Study On The Unionization Of Academic Law Libraries, Sarah C. Slinger
Scholarly Works
This article analyzes the responses of law library directors to a survey assessing rates of unionization, experience with unionization, and attitudes on unionization. These results ultimately show that while there is a low rate of unionization in academic law libraries, unions may become more prevalent in the future.
Long Term Effects Of Involvement In The Criminal Justice System: Mitigating Collateral Consequences & Tackling Voter Disenfranchisement, Symposium Session 1,
2019
Yeshiva University, Cardozo School of Law
Long Term Effects Of Involvement In The Criminal Justice System: Mitigating Collateral Consequences & Tackling Voter Disenfranchisement, Symposium Session 1, Wesley Caines, Lucy Cutolo, Kendea Johnson
Cardozo Journal of Equal Rights & Social Justice
The symposium examines the long-term effects of involvement in the criminal justice system, focusing on collateral consequences and voter disenfranchisement. It emphasizes the need for both prosecutors and defense attorneys to address these consequences early in criminal cases, as they significantly impact individuals' lives beyond direct legal penalties. The discussion highlights the importance of holistic approaches to mitigate these effects and advocates for systemic changes to reduce disparities and support successful reintegration into society.
Required, Permissible, And Impermissible Forms Of Federal Judicial Assistance To Self-Represented Litigants: Toward Establishment Of A Judicial Duty Of Reasonable Assistance,
2019
Loyola University Chicago
Required, Permissible, And Impermissible Forms Of Federal Judicial Assistance To Self-Represented Litigants: Toward Establishment Of A Judicial Duty Of Reasonable Assistance, Jona Goldschmidt
Cardozo Journal of Equal Rights & Social Justice
The article examines the evolving role of judicial assistance to self-represented litigants (SRLs) in federal courts, arguing that while the Supreme Court has maintained a strict no-assistance policy, lower courts have increasingly recognized the need for accommodations to ensure fair trials. The author advocates for a more consistent and expansive approach to judicial assistance, aligning with due process and the constitutional right to self-representation, while emphasizing the importance of maintaining judicial impartiality.
Democratic Policing Before The Due Process Revolution,
2019
Columbia Law School
Democratic Policing Before The Due Process Revolution, Sarah Seo
Faculty Scholarship
According to prevailing interpretations of the Warren Court’s Due Process Revolution, the Supreme Court constitutionalized criminal procedure to constrain the discretion of individual officers. These narratives, however, fail to account for the Court’s decisions during that revolutionary period that enabled discretionary policing. Instead of beginning with the Warren Court, this Essay looks to the legal culture before the Due Process Revolution to provide a more coherent synthesis of the Court’s criminal procedure decisions. It reconstructs that culture by analyzing the prominent criminal law scholar Jerome Hall’s public lectures, Police and Law in a Democratic Society, which he delivered in 1952 …
The New Normal Ten Years In: The Job Market For New Lawyers Today And What It Means For The Legal Academy Tomorrow,
2019
University of North Carolina
The New Normal Ten Years In: The Job Market For New Lawyers Today And What It Means For The Legal Academy Tomorrow, Bernard A. Burk
FIU Law Review
No abstract provided.
Ringing Changes: Systems Thinking About Legal Licensing,
2019
Distinguished Visiting Professor, Boyd School of Law, UNLV; Dean Emerita, Michigan State University College of Law
Ringing Changes: Systems Thinking About Legal Licensing, Joan W. Howarth, Judith Welch Wegner
FIU Law Review
No abstract provided.
Building A Better Bar Exam,
2019
Saint Louis University School of Law
Building A Better Bar Exam, Marsha Griggs
All Faculty Scholarship
In the wake of declining bar passage rates and limited placement options for law grads, a new bar exam has emerged: the UBE. Drawn to an allusive promise of portability, 36 U.S. jurisdictions have adopted the UBE. I predict that in a few years the UBE will be administered in all states and U.S. territories. The UBE has snowballed from an idea into the primary gateway for entry into the practice of law. But the UBE is not a panacea that will solve the bar passage problems that U.S. law schools face. Whether or not to adopt a uniform exam …
Attorney As Accompagnateur: Resilient Lawyering When Victory Is Uncertain Or Nearly Impossible,
2019
University of Missouri - Kansas City, School of Law
Attorney As Accompagnateur: Resilient Lawyering When Victory Is Uncertain Or Nearly Impossible, Margaret Reuter, Stephen A. Rosenbaum, Danielle Pelfrey Duryea
Faculty Scholarship
Social justice lawyers come to the profession intending to make a difference through the instruments of law. And gloriously, they often make a difference in people’s lives for the better. They make our world a more just, compassionate, and tolerant place. But there is no denying that, in poverty law practice, legal success can be illusive, ephemeral, or perhaps a mirage. How does that lawyer feel when the legal remedies at her disposal, even if “successful,” fail to mitigate the injustices suffered by her clients? Are there definitions of professional satisfaction and success that are enduring, even if legal success …
The Clinical Law Review At 25 - What Have We Wrought,
2019
American University Washington College of Law
The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Techno-Optimism & Access To The Legal System,
2019
Georgetown University Law Center
Techno-Optimism & Access To The Legal System, Tanina Rostain
Georgetown Law Faculty Publications and Other Works
For legal technologists, apps raise the prospect of putting the law in the hands of disadvantaged people who feel powerless to deal with their legal problems. These aspirations are heartening, but they rest on unrealistic assumptions about how people living in poverty deal with legal problems. People who are poor very rarely resort to the law to solve their problems. In the situations when they do seek solutions, they confront educational and material impediments to finding, understanding, and using online legal tools effectively. Literacy is a significant barrier. More than 15 percent of all adults living in the United States …
Simplified Courts Can't Solve Inequality,
2019
Columbia Law School
Simplified Courts Can't Solve Inequality, Colleen F. Shanahan, Anna E. Carpenter
Faculty Scholarship
State civil courts struggle to handle the volume of cases before them. Litigants in these courts, most of whom are unrepresented, struggle to navigate the courts to solve their problems. This access-to-justice crisis has led to a range of reform efforts and solutions. One type of reform, court simplification, strives to reduce the complexity of procedures and information used by courts to help unrepresented litigants navigate the judicial system. These reforms mitigate but do not solve the symptoms of the larger underlying problem: state civil courts are struggling because they have been stuck with legal cases that arise from the …
A Man Of Ubuntu: A South African Colleague's Tribute To Stephen Ellmann,
2019
New York Law School
A Man Of Ubuntu: A South African Colleague's Tribute To Stephen Ellmann, Penelope Andrews
Articles & Chapters
In Memoriam: Stephen Ellmann
Temptation's Page Flies Out The Door: Navigating Complex Systems Of Disability And The Law From A Therapeutic Jurisprudence Perspective,
2019
New York Law School
Temptation's Page Flies Out The Door: Navigating Complex Systems Of Disability And The Law From A Therapeutic Jurisprudence Perspective, Michael L. Perlin, Mehgan Gallagher
Articles & Chapters
This article considers the difficulties inherent in the navigation of the legal system and the disability system, difficulties made more complicated when these systems intersect. Although this problem is not a new one, remarkably, it has never been the subject of any legal scholarship. We argue here that it is futile to consider either system to be a uniform one, and that to make any sense of the underlying ambiguities, it is necessary to consider both the potential conflicts both between domestic and international law (using fitness to proceed to trial as a case example), and the conflicts between social …
Hidden Nondefense: Partisanship In State Attorneys General Amicus Briefs And The Need For Transparency,
2019
New York Law School
Hidden Nondefense: Partisanship In State Attorneys General Amicus Briefs And The Need For Transparency, Lisa Grumet
Articles & Chapters
In all fifty states, the State Attorney General (SAG) — as the state’s chief legal officer — is charged with defending state laws that are challenged in court. If an SAG declines to defend or challenges a state law on the ground that it is unconstitutional — an action scholars describe as “nondefense” — the SAG ordinarily will disclose this decision to the public.
This Essay discusses a hidden form of nondefense that can occur when SAGs file amicus curiae briefs on behalf of their states in matters before the U.S. Supreme Court. Surprisingly, some SAGs have joined multistate amicus …
Tribute To Professor Lewis R. Katz: Beloved Mentor, Global Visionary, Entrepreneur,
2019
New York Law School
Tribute To Professor Lewis R. Katz: Beloved Mentor, Global Visionary, Entrepreneur, Gerald Korngold
Articles & Chapters
No abstract provided.
