Forthcoming Articles

Volume 16, Issue 1
Symposium: Challenges and Opportunities and Legal Education

George Critchlow, Brooks Holland, and Olympia Duhart, The Call for Lawyers Committed to Social Justice to Champion Accessible Legal Services through Innovative Legal Education

Jennifer Lee Koh and Anna Welch, Integrating Skills and Collaborating Across Law Schools: An Example from Immigration Law
            Abstract: This Article provides an example of the ways in which doctrinal courses across the law school curriculum can both deepen students’ understanding of substantive law while also exposing them to the realities of legal practice. It discusses the design and implementation of introductory Immigration Law courses as taught at two different law schools, Western State College of Law in Fullerton, California and the University of Maine Law School in Portland, Maine. Although the courses took place on opposite coasts and did not engage in a visible or formal partnership, the authors deliberately planned the courses in close collaboration with one another behind the scenes. In doing so, the courses shared the explicit goal of increasing students’ exposure to practical lawyering skills while reinforcing students’ understanding of substantive immigration laws.

Michael L. Perlin, How Teaching about Therapeutic Jurisprudence Can Be a Tool of Social Justice, and Lead Law Students to Personally and Socially Rewarding Careers: Sexuality and Disability as a Case Example

Rebecca Roiphe, Tilting at Stratification: Against a Divide in Legal Education

John F. Murphy, Bottom Up: Teaching Remedial Problem-Solving Skills to a Law School’s Underperforming Students
            Abstract: This article describes a course called the “Art of Lawyering” developed by the Texas A&M University School of Law to help the bottom quarter of the 2L class develop the critical-thinking and problem-solving skills they should have learned in the first year of law school. Students in the bottom quarter of the class at the beginning of their 2L year are most at risk for failing the bar exam after graduation. The Art of Lawyering gives these students the structural framework necessary to solve problems like a lawyer, improve their performance in law school, and pass the bar exam. The course, in its current iteration, is remarkably effective, producing a significant increase in students’ grade-point averages. This article describes the theory, methods, and resources behind the course, and it includes a detailed lesson plan so that other schools can replicate the course and realize similar success.

Additional Articles:

John D. Moore
, Free Exercise, for Profit: The First Amendment Case for Corporate Religious Rights
            Abstract: In the wake of the Supreme Court’s controversial decision in Burwell v. Hobby Lobby Stores, Inc., this article makes the case for extending First Amendment religious protections to for-profit corporations. It argues that logical application of the First Amendment allows for no other result. The article then proposes a novel framework—deeply rooted in existing First Amendment law—for determining which corporations are actually engaged in religious practice. Rather than focus on profit motives or ownership structure, courts deciding corporate religious claims should extend First Amendment protection to those corporations that have demonstrated sincere religious beliefs through their corporate practices. By tackling this controversial problem head-on and offering a workable middle-ground approach to resolving the controversy, this article offers valuable tools to courts considering corporate free exercise cases and to scholars discussing these issues.

Marc J. Randazza, Freedom of Expression and Morality-Based Impediments to the Enforcement of Intellectual Property Rights
            Abstract: While many national laws are enacted in order to govern national or local notions of “morality,” these are generally limited to governing the conduct of those subject to such laws. However, in the case of intellectual property rights (IPRs), some nations erect barriers to the protection of IPRs on the basis of “morality.” This paper will examine the implications of morality-based impediments to the enforcement of IPRs and their supportability under international agreements.

Douglas R. Richmond, Fraud and Misrepresentation Claims Against Lawyers

Student Notes:

S. Alex Spelman, Drones and the Fourth Amendment: Digitally Remastering Privacy Rights and the Technological Trespass Doctrine
            Abstract: This article explores a hypothetical case that likely will become a typical UAS surveillance scenario. Law enforcement, acting without a warrant (on bare suspicion or an anonymous tip) might operate a small UAS with an attached camera to investigate and film the interior of a suspect’s home or backyard. Flying at a low altitude (this Article explores various altitudes, but will primarily discuss surveillance from 30-100 feet), the government will obtain aerial photographs or video capturing incriminating evidence against the suspect that the government could not have otherwise obtained from another lawful vantage point (at least not photographs or video of the same quality or from such a nearby vantage point). To obtain this criminal evidence would otherwise have required the police to physically trespass into a constitutionally protected area or violate criminal privacy laws. The government will argue that the evidence was clearly visible from a “lawful” aerial vantage point: the flight path of the UAS.

Erik Foley, No Money, No Lawyer—No Children: The Right to Counsel for Indigent Defendants in Nevada Termination of Parental Rights Proceedings
            Abstract: The U.S. Constitution does not recognize a right to counsel in termination of parental rights (TPR) proceedings. While the Constitution explicitly safeguards the right to counsel in criminal proceedings, as well as protection of individual due process rights, it makes no mention of a right to counsel in TPR proceedings or any other form of civil proceeding. In the landmark Lassiter v. Department of Social Services of Durham County decision, the U.S. Supreme Court determined that this omission to indicated “the Constitution [does not] require . . . the appointment of counsel in every parental termination proceeding.” The Supreme Court of Nevada emphatically agreed, declaring, “no absolute right to counsel in termination proceedings exists in Nevada.” These holdings inevitably lead to defendants being denied counsel in proceedings seeking to terminate their parental rights, some of the most fundamental rights that exist. Only four other states deny indigent defendants the right to an attorney when the awesome power of the government moves to eliminate their parental rights. Nevada must join the forty-five other states and declare an absolute right to counsel in TPR proceedings, both at trial and on appeal.

Joseph Meissner, Eliminating the No Number, No List Response: Keeping the CIA Within the Scope of the Law Amidst American’s Global War on Terror
            Abstract: The CIA created and began using the “no number, no list” response in 2004, in direct opposition to the FOIA and the decades of case law interpreting it. Unlike the Vaughn index and the Glomar response, which help the withholding agency attempt to justify its exemptions to the reviewing court, the no number, no list response is a simple assertion that documents responsive to the FOIA request are exempt from disclosure. The CIA has been using the no number, no list response for over a decade to evade valid judicial proceedings, effectively allowing it to operate outside of the law. This Note argues that the CIA’s use of the no number, no list response is a direct contravention of Congress’s mandates under the Freedom of Information Act and number outlines the long-standing FOIA law that should operate in its place.