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Artificial Investments: Consumer Protection for AI-Generated Quantitative Trading Algorithms
No full textEthics and Originalism
No full textThis Article addresses a blind spot in the theorizing and debate over originalist interpretation: the implications of rules of legal ethics. For the few originalist theorists who take the practical side of originalism seriously, attorneys’ rules of professional conduct are almost entirely absent from the discussion. These rules bind all attorneys who, in turn, construct the record, present the evidence, and make the arguments upon which judges and Justices rely. And these rules have profound, though mixed, implications for originalist theory. Some ethical duties—such as those requiring attorney competence and candor to the tribunal—might enhance the quality of originalist analysis if taken seriously. But others—particularly attorneys’ duty to provide diligent, zealous representation of their clients’ interests—are inconsistent with originalist ideals of rigorous investigation into the Constitution’s original meaning. This Article identifies rules of professional conduct that bear on originalist analysis, explores these rules’ mixed implications for originalism’s feasibility in practice, and urges that attorneys and courts pay greater attention to how rules of professional conduct might be leveraged to improve originalist analysis or to inform decisions to avoid the method altogether
Beware the Lion’s Den: A School Lawyer’s Guide to Avoiding Pitfalls in the Texas Open Meetings Act
No full textTurning the Tables: Using Texas’s Stowers Doctrine to Rein in Delay, Deny, Defend Tactics
No full textAspen Leading Edge Podcast, Episode 133: Property Law: Rules, Policies and Practices with Joseph Singer and Eduardo Peñalver
No full textJoseph William Singer, Harvard Law School, and Eduardo Peñalver, President of Seattle University and soon-to-be President of Georgetown University. They explore the evolution of the book Property Law: Rules, Policies and Practices, its unique approach to teaching property law, and the integration of statutes and social issues into legal education. The conversation also touches on the future of legal education, the role of AI, and the importance of interdisciplinary collaboration.https://commons.stmarytx.edu/edge/1102/thumbnail.jp
Teaching Cross-Cultural Communication in Law School: Lessons from Medicine, Social Work, and Business
No full textLegal clients in the United States are increasingly multilingual and multicultural. More than 71 million people living in the United States communicate in a language other than English. Consequently, the lawyer’s duty of shared understanding is taking on new meaning. With the advent of ABA Ethics Opinion 500, cross-cultural communication skills are a lawyer’s ethical duty and a law school’s mandate. Additionally, ABA Standard 303(c) and the potential of increased experiential learning credit requirements make clear that immediate curricular changes are needed. To prepare for the modern practice of law, tomorrow’s lawyers need to develop cross-cultural skills while in law school. Yet only sixty-seven schools list cultural competence as a learning objective.
This Article proceeds in three parts. In Part II, this Article assesses the need for comprehensive cross-cultural competency training in law school, outlining how and when cross-cultural communication skills specifically can—and should—be incorporated into the legal curriculum. In Part III, this Article reviews the cross-cultural competency training and best practices of similarly situated professional fields, identifying common components of cross-cultural competence duties, curricular approaches, and best practices for fostering effective cross-cultural and cross-lingual professional relationships. In Part IV, this Article reviews legal education’s pedagogical approaches to cross-cultural competence, centers our discussion on cross-cultural communication in that framework, and identifies four key concepts necessary for cross-cultural communication and how to incorporate them across the first-year curriculum
