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Luz Estella Nagle, Transborder Crime, Corruption, and Sustaining Illegal Armed Groups in Latin America, Small Wars Journal (2017)Clicking on the button will copy the full recommended citation.
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Anthony Palermo, A Prescription for Complying with the TCPA’s Proscriptions: Zani v. Rite Aid Headquarters Corp. (2017)Clicking on the button will copy the full recommended citation.
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Alicia Jackson, The Big Bad Wolf: Helping Students Conquer their Fear of the Bar Exam through P.A.S.S. — Preparation, Assessment, Self-Regulated Reflection, and Support, Learning Curve (2017)Clicking on the button will copy the full recommended citation.
In light of the national decline in bar pass rates, coping with and addressing a law school’s bar passage rate is viewed by some as an insurmountable undertaking. However, I see it as an invaluable opportunity to redefine who are as law professors. Most importantly this challenge provides an opportunity for us as educators to train future attorneys to become self-aware, confident, and component to handle the challenges presented by the legal profession.
The American Bar Association (“ABA”) has made it quite clear to accredited law schools and those seeking accreditation that bar passage is now a paramount factor in retaining and obtaining accreditation. To that end, year after year, proposals are being reviewed by the ABA with the overall goal of defining what is an acceptable bar passage rate for ABA approved law schools. As a result, some law schools find themselves scrambling to implement programming and courses aimed at facilitating success on the bar exam. While some will argue the bar exam itself should be the major focus of a law school’s curriculum, others will argue in the alternative that the bar exam does not accurately assess the worthiness of a law school graduate to practice law. Irrespective of the side of the argument you take, it is undeniable that helping students to acknowledge and conquer their fears associated with the bar exam is a necessary step to assist them in passing the bar exam.
Often bar examinees’ fears are rooted in familial or community pressure to pass, as well as standardized testing anxieties, past failures, self-doubt, or fear of the unknown. For many bar takers, irrespective of their rank at graduation, the bar exam is cloaked in mystery, which in turn perpetuates the “Big Bad Wolf” phobia associated with the exam. While some students are able to turn the fear and anxiety into motivation to pass the bar exam, far too many become paralyzed by it. Ultimately it is that very fear and anxiety that results in students’ failing the bar exam, before they even begin. In addition to the emotional toll on graduates, failure on the bar exam can wreak havoc on a law school’s chances of being in compliance with ABA Standards, and affect both the reputation and rank of the school.
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Peter Lake, The Four Corners of Title IX Regulatory Compliance: A Primer for American Colleges and Universities (Hierophant Enterprises, Inc., 2017)Clicking on the button will copy the full recommended citation.
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Roy Balleste, Worlds Apart: The Legal Challenges of Suborbital Flights in Outer Space, 49 N.Y.U. J. Int'l L. & Pol. 1033 (2017)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle, Understanding Human Trafficking, Corruption, and the Optics of Misconduct in the Public, Private, and NGO Sectors: Causes, Actors, and Solutions (Carolina Academic Press, 2017)Clicking on the button will copy the full recommended citation.
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Stacey-Rae Simcox and Brian Clauss (eds.), Servicemember and Veterans Rights (Matthew Bender Elite Products, 2017)Clicking on the button will copy the full recommended citation.
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Stacey-Rae Simcox et al., Traumatic Brain Injury and Post Traumatic Stress Disorder, in Servicemember and Veterans Rights (Matthew Bender Elite Products, 2017)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, “What Kind of a Mad Prosecutor” Brought Us This White Collar Case, 41 Vt. L. Rev. 523 (2017)Clicking on the button will copy the full recommended citation.
Prosecutors have enormous charging and plea discretion, although this discretion is not “unfettered.” This Essay examines this discretionary function when prosecutors in white collar cases stretch statutes beyond the statutory language, congressional intent, or policy. This Essay looks at three areas of white collar crime that have seen prosecutorial statute stretching: fraud, obstruction-of-justice, and bribery. Within each of these areas, there are examples of cases requiring judicial oversight to halt these prosecutorial practices. This Essay concludes by noting that prosecutors who stretch statutes do a disservice to our criminal justice process, as it is important to strictly construe white collar statutes to assure that criminal conduct is recognized and conformity with the law is promoted.
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Stacey-Rae Simcox and John Paul Cimino, Veterans Benefits, in Servicemember and Veterans Rights (Matthew Bender Elite Products, 2017)Clicking on the button will copy the full recommended citation.