Legal Profession Commons^™

Enhancing Justice Administration In Nigeria Through Information And Communications Technology, 32 J. Marshall J. Info. Tech. & Privacy L. 89 (2016), Halima Doma

UIC John Marshall Journal of Information Technology & Privacy Law

The end of the twentieth century brought about the system of In-formation Communication Technologies (“ICT”) which represents the start of a new era. Communication is faster and more efficient than ever before. As a result, the world is brought closer together. Our means of communication and social interactions have changed dramatically. Due to the technological communication advances, we are no longer tied to our desks to make phone calls or have to travel thousands of miles for meetings. ICT enables us to contact friends, family and business colleagues at the touch of a button whatever the time, wherever the place. …

Transnational Legal Practice [In 2015], Laurel Terry

Faculty Scholarly Works

This 2015 Year-in-Review article continues the tradition of collecting and publicizing the developments that occurred during the year related to transnational legal practice (TLP). This year’s article builds on the work set forth in the 2014 Year-in-Review.

The 2014 TLP Year-in-Review provided a departure from the Year-in-Review’s typical method of presentation by identifying two categories of what that article called “TLP-Nets.” One group of TLP-Nets is nationally based and the other is inherently transnational. The 2014 article identified examples of TLP-Nets and highlighted the meeting points and relationships that facilitate border-crossing for the variety of actors involved in TLP policy-making …

Prepared For Practice? Developing A Comprehensive Assessment Plan For A Law School Professional Skills Program, 50 U.S.F. L. Rev. 245 (2016), Anthony Niedwiecki

UIC Law Open Access Faculty Scholarship

The new ABA Standards and Rules of Procedure for Approval of Law Schools (“ABA Standards”) require law schools to develop and publish learning outcomes that explicitly state what they want their students to be able to do and know upon completion of the law school curriculum. The ABA Standards also require that law schools develop a plan to assess these learning outcomes through course assessment, programmatic assessment,and institutional assessment.In addition to the ABA, regional accreditors of higher education also require that universities and law schools have an extensive learning outcome and assessment plan.These requirements essentially ask schools to …

Baltimore Law Clubs: A Tradition Promoting The Integrity Of The Bar Through Scholarship And Congeniality, Stuart R. Berger, Bryant S. Green

University of Baltimore Law Forum

Since before the civil war, lawyers and judges in Baltimore have had a tendency to organize informal, intimate, and exclusive clubs for the purpose of promoting congeniality and scholarship.1 Although this Anglo-American tradition traces back to as early as the sixteenth century,2 the institution of law clubs in the United States appears to have been a unique, local phenomenon until the 1960s and 1970s.3 Today, this tradition continues in Baltimore City, which currently plays host to no fewer than eight individual law clubs, with many more existing throughout the state. These law clubs offer their members the opportunity to pursue …

Video: The Balancing Act: Managing Work & Life In A 24/7/365 World, Leslie Larkin Cooney, Jaime Tartar, Sarahnell Murphy Esq, Stephen G. Mellor Esq.

NSU Law Seminar Series

Much has been written about the need for attorneys to find time for work, family, and relaxation in their fast-paced and high stress world. This seminar provides an interactive role play and panel discussion among experienced attornies who will share how they manage the competing demands of their clients, their law practice, and their family.

A Lawyer's Journey Of Worker Advocacy And Faith, Ann C. Hodges

Richmond Journal of Law and the Public Interest

A personal narrative exploring the author's journey through the law and her faith to find her passion for advocating for social justice change as a labor advocate.

Gender Bias In The Courtroom: Combating Implicit Bias Against Women Trial Attorneys And Litigators, Connie Lee

Cardozo Journal of Equal Rights & Social Justice

The article examines the persistent gender bias against women trial attorneys and litigators, highlighting the historical roots of this issue, presenting empirical data on its impact, and proposing solutions to address it. It argues that despite progress in gender equality, women remain underrepresented in leadership roles within the legal profession due to both overt and implicit biases.

The Influence Of Algorithms: The Importance Of Tracking Technology As Legal Educators, Brian Sites

Faculty Scholarship

No abstract provided.

New Models For Prosecutorial Accountability, Ellen Yaroshefsky

Cardozo Law Review de•novo

There has been significant and increasing attention to prosecutorial accountability for misconduct in recent years by courts and disciplinary authorities, in some prosecutors’ offices and by defense organizations, in academia, and of course, in popular media. In great measure, this attention is the result of the remarkable work of the Innocence Project and Innocence networks around the country. It is also the result of awakening to the fault lines in the criminal justice system—such as mass incarceration—and to the disproportionate targeting of black and brown people for arrest and prosecution. Of course, this attention is all exacerbated by the Internet, …

Enforcing Compliance With Constitutionally-Required Disclosures: A Proposed Rule, Emmet G. Sullivan

Cardozo Law Review de•novo

To provide a striking example of the need for a federal disclosure rule, in Part I, I briefly summarize a report on the discovery abuses that occurred in the case of United States v. Theodore F. Stevens. In Part II, I describe efforts beginning in 2003 to amend Rule 16. In Part III, I provide an overview of the local district court disclosure rules and standing orders nationwide. Part III also provides the proposed rule now being considered for adoption by the United States District Court for the District of Columbia.

Re-Designing Law And Lawyering For The Information Age, Thomas D. Barton

Faculty Scholarship

This Article analyzes the intersection of three aspects of law, lawyering, and Information Age technology and culture, describing how they disrupt and inhibit one another even as they supply possible opportunities for each to grow and innovate. The Article urges that Information Age challenges to traditional legal institutions and thinking become the foundation for reforms to legal systems and individual lawyering. In embracing changes made possible by emerging technology, the Rule of Law may be strengthened globally and the Preventive/Proactive style of lawyering can be re-invigorated. The Article begins by describing the Preventive/Proactive lawyering ("PPL") style, and offers an example …

Training For Bargaining, Jenny M. Roberts, Ronald F. Wright

Scholarly Articles in Law Reviews & Journals

While plea bargaining dominates the practice of criminal law, preparation for trial remains central to defense attorneys’ training. Negotiation is still peripheral to that training. Defense lawyers enter practice with little exposure to negotiation techniques and strategies in the plea bargaining context, the most significant skills they use every day.

Empirical research on plea negotiations has concentrated on outcomes of negotiations rather than the process itself. Our multi-phase field study examines the negotiation techniques that attorneys use during plea bargaining, as well as their preparation and training for negotiation. This Article explores the data on the training aspects of our …

The Feminist Case For Acknowledging Women's Acts Of Violence, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

This Article makes a feminist case for acknowledging women’s acts of violence as consistent with — not threatening to — the goals of the domestic violence movement and the feminist movement. It concludes that broadly understanding women’s use of strength, power, coercion, control, and violence, even illegitimate uses, can be framed consistent with feminist goals. Beginning this conversation is a necessary — if uncomfortable — step to give movement to the movement to end gendered violence.

The domestic violence movement historically framed its work on a gender binary of men as potential perpetrators and women as potential victims. This binary …

New Rules Of War In The Battle Of The Experts: Amending The Expert Witness Disqualification Test For Conflicts Of Interest, Nina A. Vershuta

Brooklyn Law Review

In civil litigation, the big business of retaining experts has raised concerns about the integrity of the adversarial process and undermined the role that expert testimony plays at trial. Due to a rising demand for expert testimony, it is common for the same expert to testify for opposing clients. When a client hires an expert who has been previously retained by that client’s adversary, a conflict of interest arises. Such experts may share confidential information with their new client to the detriment of the former client—triggering the expert disqualification test for conflicts of interest. Most state and federal courts do …

Judge Judith Kaye At Skadden, Arps, Barry H. Garfinkel

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.

The Making Of A Judge's Judge: Judith S. Kaye's 1987 Cardozo Lecture, Henry M. Greenberg

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.

For Judith S. Kaye, Susan N. Herman

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.

Reflections On Opportunity In Life And Law, Judith S. Kaye

Brooklyn Law Review

This essay was written by Judge Kaye in the fall of 2015 for the Brooklyn Law Review. She reflects on her life, her time on the bench, and the significance of New York’s Constitutional Convention. Through the lens of dual constitutionalism and her own life story, Judge Kaye opines on the opportunities in life and law that are not to be missed.

A Tribute To Chief Judge Judith S. Kaye, Hon. Janet Difiore

Brooklyn Law Review

This collection of remarks from scholars, practitioners, and judges serves as a tribute to the life of the beloved and esteemed Judge Kaye and her commitment to the New York State Constitution. The collection culminates with Judge Kaye’s final essay, written for the Brooklyn Law Review, with her reflections on opportunity in life and law and New York’s State Constitution.

The Good, The Bad, And The Ugly: Reflections Of A Counterclerk, Gil Seinfeld

Michigan Law Review First Impressions

Everyone has strong feelings about Justice Scalia. Lionized by the political right and demonized by the left, he has been among the most polarizing figures in American public life over the course of the last halfcentury. It is hardly surprising, then, that in the weeks since Justice Scalia’s death, the public discourse surrounding his legacy has exhibited something of a split personality. There have, of course, been plenty of appropriately respectful—even admiring—tributes from some of the Justice’s ideological adversaries; and here and there one of the Justice’s champions has acknowledged, with a hint of lament, the acerbic quality of some …