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Lawyers, Gambling, and Trust Accounts: Why the Expansion of an Old Vice Requires a New Approach to Protecting Client Funds
Get PDFSince the late 1980s, legalized gambling in the United States has expanded at a furious pace. While Americans have embraced this change with enthusiasm, it has caused a sharp rise in compulsive gambling. This development has placed every client in harm’s way. Because lawyers are at a very high risk of developing a gambling addiction, client trust funds now are more susceptible to theft than ever before. Accordingly, this article proposes that a new form of protection be mandated to safeguard clients from attorneys who are or might become compulsive gamblers
Guns, Vices and Freedom, Oh My: A Preliminary Empirical Investigation
Get PDFThis Essay estimates factors within States that are associated with per capita firearms ownership and the extent of legal restrictions con-cerning firearms. The metrics are: for the former, a proxy consisting of the fraction of suicides with a firearm; for the latter, Giffords Law Center’s ratings of the restrictiveness of a State’s regulation of fire-arms. For each, the Essay estimates the relationship between it and each of the levels of vices and freedom.
The Giffords score (more restrictions scored higher) is negatively related to the Cato Institute’s measure of overall freedom and regula-tory policy freedom but positively related to Cato’s measure of per-sonal freedom (after backing-out the gun rights component). The as-sociation of each with the proxy for per capita firearms ownership is of the opposite sign. The relationships between each and the compo-nents of personal freedom vary, with the signs changing depending on the aspect of personal freedom. Lastly, States that want the public to be populated with illegal immigrants wish to curtail substantially the right of members of the public to defend themselves with firearms.
Prior work has found that, among countries, freedom is positively related to per capita firearms ownership. The results in this Essay are consistent with the following view: Where a high level of per capita firearms ownership assures substantial freedom within a country, the relationship between per capita firearms ownership and components of personal freedom form a complex mosaic. The relationship may be positive as to some components of freedom and negative as to others.
The Giffords score is positively related to vanity and, if two influ-ential States are removed, laziness. It is negatively related to excesses and vices. The proxy for per capita firearms ownership is negativel
The Case for Strategic Case Evaluation and Management Courses
No full textThis short article argues that law schools should substantially increase instruction in pretrial litigation, teaching students how to strategically evaluate and manage cases. Law school graduates generally are unprepared to work with clients, have difficulty communicating with clients, and don’t understand the “big picture” of client matters. They generally aren’t well trained in negotiation, which is essential in modern legal practice. The problem for law students and law schools is exacerbated by the transition to the NextGen bar exam and a movement in various states to use alternative mechanisms for licensing that would require demonstration of practical skills.To address these problems, this article describes how law schools can teach courses on strategic case evaluation and management. These courses can address civil litigation, criminal litigation, and transactional matters. The article identifies topics that such courses can include, describes how these courses can be integrated in law schools’ curricula, and suggests ways to staff these courses
TECHNOLOGY IN REAL PRACTICE SYSTEMS
Get PDFThis post uses the RPS mediation checklists to illustrate practitioners’ great reliance on technology
LAW STUDENTS CAN USE PORTFOLIOS TO PLAN THEIR PRACTICE SYSTEMS
Get PDFThis post describes how law schools can help students plan for successful careers by using Real Practice System self-assessments to guide them in developing individualized portfolios. Portfolios identify students’ learning objectives and experiences designed to achieve them. Portfolios may include a variety of elements such as writing samples, video recordings, grades, faculty evaluations, clinical course journals, and extracurricular experiences
Insurance Law and Religious Belief
Get PDFThis Article adds to the corpus of academic scholarship in insurance law with an analysis of jurisprudence involving insurance law and religious belief. Outside of the issue of contraception, health insurance and religious exemptions, there are a number of areas where insurance law intersects with religious belief. These areas, examined in this Article, include the admissibility of testimony regarding religious beliefs in liability cases, unemployment compensation and religious belief, the relationship between worker\u27s compensation and religious belief, and whether motor vehicle financial responsibility laws violate the First Amendment
The Success of Pre-Enforcement Challenges to Antidiscrimination Laws
Get PDFFormally, judicial analysis of a challenged statute\u27s validity should be consistent, regardless of the challenge\u27s pre- or post-enforcement posture. A post-enforcement posture arises when an aggrieved party defensively challenges a purportedly unconstitutional statute being enforced against them. Alternatively, a pre-enforcement posture arises when an impacted party strikes first, attacking the statute by asserting a credible threat that the law will be enforced against them in the future. Either way, judicial evaluation of a statute\u27s validity should turn on its content and effect-not on whether it was challenged before or after enforcement.
This Article challenges that assumption, arguing that pre-enforcement challengers enjoy significant strategic advantages in court. To be sure, offensive, pre-enforcement challengers must establish that their suit presents a genuine case or controversy and convince decision-makers that they face a real harm. But on the other hand, attorneys planning pre-enforcement challenges often enjoy the opportunity to select their clients, control their suit\u27s timing and forum, and shop for judges. And when challenging laws that protect beneficiaries from harms such as discrimination, pre-enforcement challengers likely benefit from the absence of identified victims in speculative lawsuits.
After identifying these potential advantages, this Article analyzes a set of factually similar challenges brought by wedding vendors against public accommodations laws that forbid discrimination against LGBTQ+ customers based on their sexual orientation. It explains that pre-enforcement challenges-including speculative cases brought by plaintiff businesses that had never received requests from LGBTQ+ customers-were consistently more successful than post-enforcement challenges arising from proceedings against defendant businesses that denied services to LGBTQ+ customers. Finally, this Article explores the implications of pre-enforcement advantages for standing doctrine, litigation strategy, and the proper role of courts in a democratic society
We’re Getting SUED??? *emotional* *with proof*: Using Alternative Dispute Resolution in Child Influencer Disputes
Get PDFThanks to a new Illinois law, alternative dispute resolution could play an important role in fighting mommy-vlogger clickbait in the coming years. It could allow us all to escape outrageous videos of exploitative parents crying on kitchen floors with titles such as “We’re getting SUED by our OWN CHILD?? *emotional* *with proof*”. On August 11, 2023, the governor of Illinois signed Illinois Public Act 103-0556 (“the Act”) into law, amending the current child labor laws in Illinois and adding a provision specifically pertaining to payment of child influencers. Essentially, the new law, which will go into effect on July 1, 2024, requires parent vloggers who feature minor children in their videos to set aside an amount of gross earnings in a trust to be accessible to the minor once they turn eighteen. Additionally, Illinois Public Act 103-0556 provides that if the adult vlogger knowingly or recklessly violates the Act, the minor may commence a legal action to enforce the creation and payment of the trust account
