Browse Items (1503 total)

Hodes_Final.pdf
Expert testimony is indispensable to the uniquely American system of adversary justice. Without the assistance of expert witnesses with specialized knowledge, based on either science or experience and practice, jury verdicts would often be the result…

Greene2FINAL.pdf
This Comment’s goal is to address the changing legal landscape
associated with daily fantasy sports websites and how they coincide with gambling. This Comment focuses on the call for an enhanced regulatory framework concerning daily fantasy…

Fischer_final.pdf
Advocacy is the primary goal and responsibility of two distinct and well-regulated professions: the lawyer and the lobbyist, each of whom is subject to his own set of rules and regulations. This Article is designed to analyze the intersection of the…

Estlinbaum_Final.pdf
Social network sites (SNSs) such as Facebook, LinkedIn, and
Twitter have become an increasingly ever-present feature in American life since first appearing in the late 1990s. SNSs now impact virtually all parts of daily life, and the judiciary is…

Daniel-_Final-File.pdf
After hearing for the first time the lawyer-disparaging phrase, “licensed liar,” the author investigated its significance. This article presents the question of those two words’ meaning and explains how the author reached the conclusion that,…

Crespi_Step11_Final_V2.pdf
Uniform Commercial Code Section 2-725 sets forth the Statute of Limitations that is applicable to U.C.C. Article 2 sale-of-goods transactions. There is a fairly extensive body of literature that analyzes the numerous problems and litigation that this…

Caudill_Step12-Hayes-Final.pdf
Attorney-experts in legal malpractice litigation are like many
other experts. Although easily distinguishable from experts offering science-based testimony, attorney expertise is similar to that of witnesses offering experience-based testimony, and…

Caudill_Final.pdf
This Article examines whether attorneys should be allowed to
testify as legal experts, especially in the legal malpractice context. This Article starts by addressing the unclear distinction between questions of law and fact and reviews several…

Cameron_Comment.pdf
Due process is a cornerstone of American law, and although its meaning is not always clear, it requires that every person—regardless of race, wealth, national heritage, ethnicity, or other classification—be given notice and a meaningful…

Buttaro-Step-12-REVISED-FINAL.pdf
This Article examines the background and passage of the Posse Comitatus Act of 1878.

Buhai_FINAL-FINAL.pdf
This Article argues that the American Rule should be changed for legal malpractice suits because the attorney–client relationship is the quintessential fiduciary relationship and because of the added concern of unequal information available to each…

Brown_final3.pdf
This Article advocates the employment of the twelve-point Scout Law of the Boy Scouts of America as a professional ethics guide for lawyers. The Article begins by briefly relating the history of virtue ethics as a philosophical field of study and…

Brown_Final2.pdf
This Article argues that it would be preferable for courts to define sanctionable officer-of-the-court duties by reference to well-defined, existing procedural and ethical norms, thereby enhancing predictability and imbuing the label with much-needed…

Browning_final.pdf
This Article will examine the ethical issues posed by lawyers’ use of social media platforms in light of the ABA Ethics Commission 20/20 changes to the Model Rules of Professional Conduct.

BrowningFinal.pdf
This article examines the requirements of “actual innocence” or exoneration as a prerequisite for bringing a claim of legal malpractice against a criminal defense attorney. It analyzes the public policy underpinnings and differing approaches…

Bright_Final.pdf
Despite the high probability lawyers face of having grievances filed against them, there are best practices a lawyer can follow to lower the risk of facing a charge. The purpose of this Essay is to identify the most common situations that give rise…

Bresnahan_Final-Files.pdf
This article focuses on the development of the law of ethics and technology. Emphasis is placed on how technological developments have affected the rules and means by which lawyers practice law and certain ethical pitfalls that have developed…

STMU_StMarysJLegalMalpracticeAndEthics_v02i1p0166_Struffolino_Final.pdf
The use of unbundled legal services is nothing new in this country, and it is often preferable to no representation at all. The Model Rules of Professional Conduct expressly permit attorneys to provide limited representation to their clients.…

STMU_StMarysJLegalMalpracticeAndEthics_v02i1p0136_Caudill_Final.pdf
This Article examines whether attorneys should be allowed to testify as legal experts, especially in the legal malpractice context. This Article starts by addressing the unclear distinction between questions of law and fact and reviews several recent…

STMU_StMarysJLegalMalpracticeAndEthics_v02i1p0104_Parker_Final.pdf
This Article examines the Texas Supreme Court’s decision in Anglo-Dutch Petroleum International, Inc. v. Greenberg Peden, P.C. Next, this Article discusses the decision in light of other cases dealing with attorney–client contract issues. Then,…

STMU_StMarysJLegalMalpracticeAndEthics_v02i1p0030_Wilkinson_Final.pdf
In a criminal trial, the most common ethical duties implicated are the duty of candor to the tribunal, maintaining the impartiality and integrity of the tribunal, and the fairness of the proceeding as a whole. Under the Texas Disciplinary Rules of…

STMU_StMarysJLegalMalpracticeAndEthics_v02i1p0002_Estlinbaum_Final.pdf
Social media, like any public communication form, presents special ethical challenges for judges. In recent years, judicial ethics committees in various states have weighed in on these questions and have not shown any clear consensus. However, it is…
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