Legal Profession Commons^™

An Updated Practical Guide To Taking And Defending Depositions, Gary Gildin

Faculty Scholarly Works

The deposition offers a singular opportunity to handcuff the deponent to an irreversible script. Consequently, both the attorney taking the deposition and defending counsel must prepare for and conduct the deposition with equal if not greater care than the trial.

Traditionally, lawyers have used the deposition to discover facts relating to the legal elements and the credibility, perception, and recollection of the witness. However, recent breakthroughs in neuroscience as to how the brain makes decisions have revealed a different genre of evidence that will drive how the trier of fact will decide the case. Today an attorney taking a deposition …

Death And Discretion: Some Thoughts On Living, Barry Sullivan

Faculty Publications & Other Works

Fifty years ago, James Boyd White inspired a quiet revolution in the world of legal studies. He encouraged lawyers to think more deeply about questions of law and justice by drawing upon the humanities, which provided sources and methods well beyond those that the legal academy then recognized as legitimate ways of thinking and talking about law. Among other things, Professor White insisted that there was a morality to authentic legal argument and decision making that required a close and engaged reading of texts, an understanding of community, and an openness to being persuaded by others. It was a courageous …

Business Lawyer Leadership: Valuing Relationships, Joan Macleod Heminway

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Preparing Future Lawyers To Draft Contracts And Communicate With Clients In The Era Of Generative Ai, Kristen Wolff

Transactions: The Tennessee Journal of Business Law

No abstract provided.

The Pitch: Teaching Client Impact, Board Governance, And Advocacy, Casey E. Faucon

Transactions: The Tennessee Journal of Business Law

No abstract provided.

Nextgen Licensure & Accreditation, Nachman Gutowski

Scholarly Works

No abstract provided.

From Briefs To Bytes: How Generative Ai Is Transforming Legal Writing And Practice, Joseph Regalia

Scholarly Works

ChatGPT is having a moment in the legal field. And for good reason: Generative artificial intelligence (“AI”) was already disrupting the practice of law before OpenAI’s new chatbot came on the scene. But ChatGPT marks a new era. The brain behind OpenAI’s latest AI contains up to a trillion artificial neurons and was trained on hundreds of billions of pieces of text gathered on the web. All that data makes for the smartest AI ever.

But what’s more important is that all that computational muscle is aimed at things lawyers do every day: (1) Understanding complex concepts, (2) analyzing convoluted …

Training Law Students To Model Civility When Social Media Makes Civility Harder To Maintain, Nancy B. Rapoport

Scholarly Works

No abstract provided.

Is Now A(Nother) Teachable Moment Honoring The Memory Of Dr. William S. Spriggs, Francine J. Lipman

Scholarly Works

No abstract provided.

Access To Ai Justice: A Global Response To A Global Crisis, Drew Simshaw

Scholarly Works

No abstract provided.

Outsourcing Self-Regulation, Marsha Griggs

Washington and Lee Law Review

Answerable only to the courts that have the sole authority to grant or withhold the right to practice law, lawyers operate under a system of self-regulation. The self-regulated legal profession staunchly resists external interference from the legislative and administrative branches of government. Yet, with the same fervor that the legal profession defies non-judicial oversight, it has subordinated itself to the controlling influence of a private interest. By outsourcing the mechanisms that dictate admission to the bar, the legal profession has all but surrendered control of the most crucial component of its gatekeeping function to an unregulated industry that profits at …

We Shall Overcome: The Evolution Of Quotas In The Land Of The Free And The Home Of Samba, Stella Emery Santana

Seattle University Law Review

When were voices given to the voiceless? When will education be permitted to all? When will we need to protest no more? It’s the twenty-first century, and the fight for equity in higher education remains a challenge to peoples all over the world. While students in the United States must deal with the increase in loans, in Brazil, only around 20% of youth between the ages of twenty-five and thirty-four have a higher education degree.

The primary objective of this Article is to conduct an in-depth comparative analysis of the development, implementation, and legal adjudication of educational quota systems within …

Pacific Islands And The U.S. Military: The Legal Borderlands Of The Environmental Movement, Sonia Lei

Seattle University Law Review

Climate change remains an urgent, ongoing global issue that requires critical examination of institutional polluters. This includes the world’s largest institutional consumer of petroleum: the United States military. The Department of Defense (DoD) is a massive institution with little oversight, a carbon footprint spanning the globe, a budget greater than the next ten largest nations combined, and overly generous exemptions to environmental regulations and carbon reduction targets. This Comment examines how this lack of accountability and oversight plays out in the context of three Pacific islands that have hosted U.S. military bases for decades. By considering the environmental impact of …

Indian Country Lawyers: A South Dakota Survey, Bryce Drapeaux, Hannah Haksgaard

Faculty Publications

South Dakota’s reservations are rural and suffer from a shortage of lawyers. Relatedly, there are very few Native American licensed attorneys in South Dakota. This essay confronts the rural lawyer shortage on South Dakota’s reservations by documenting the lawyers practicing on South Dakota’s reservations. In addition, this essay addresses the access to justice crisis amplified on South Dakota’s reservations by this lawyer shortage. The essay provides some insight into the difficulties of placing more lawyers onto the reservations, while also offering potential pathways to remedy this crisis.

Pioneers Of Progress: Celebrating The Women Of Roger Williams University School Of Law On Its 30th Anniversary, Natalie Rogge, Aidan Boisvert

Roger Williams University Law Review

No abstract provided.

Conflicting Goals: The Ethics And Accountability Of Law Firm Environmental, Social, And Governance (Esg) Policies, Todd D. Amaral

Roger Williams University Law Review

No abstract provided.

Technology Competence As A Compass For Helping To Close The Justice Gap, Drew Simshaw

Scholarly Works

No abstract provided.

Appoint Judge Ana De Alba To The Ninth Circuit, Carl Tobias

University of Richmond Law Review

The United States Senate must rapidly appoint Eastern District of California Judge Ana de Alba to the Ninth Circuit. This appellate tribunal is a preeminent regional circuit, which faces substantial appeals, has the largest complement of jurists, and clearly includes a massive geographic expanse. The nominee, whom President Joe Biden designated in spring 2023, would offer remarkable gender, experiential, ideological, and ethnic diversity realized primarily from serving productively with the California federal district, and state trial, courts after rigorously litigating for one decade in a highly regarded private law firm. For over fifteen years, she deftly excelled in law’s upper …

Merging The Bench, Bar, And Law Schools: How A Student Scholars Program Achieves Professional Identity Through Scholarly Writing, Mentorship, And Presentation, Joan Foley, Robin Boyle, Troy Kessler

Scholarly Works

This Article describes an innovative co-curricular program, the Student Scholars Program, that provides law students with an opportunity to present their scholarly papers before the bench, bar, and law school community. The Program aids law schools in meeting accreditation standards, such as the ABA Standards 302 and 303. Standard 302 requires law schools to achieve specific learning outcomes. Standard 303(b)(3) requires law schools to provide "substantial opportunities" for students to develop a "professional identity." This program aids schools in achieving these standards. Furthermore, this program increases interaction between students and the legal profession by creating episodic mentoring opportunities. Launched in …

Negotiation Map For Teaching And Practice, Harold I. Abramson

Scholarly Works

Negotiations can move at lightning speed in unpredictable directions, leaving you seconds to instinctively act. Your instinct can be informed by first-hand experiences, formal education, and mistakes. You can boost your instinct by using the negotiation map in this article for tracking where you are and guiding where you and others should go to reach a resolution. This three-part map solves a puzzle that has confounded me for a couple decades. It offers a succinct and practical schematic that has the capacity to incorporate much of the exponential growth in literature and learning since Getting to Yes was published in …