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Joseph F. Morrissey, Business Entities, in Overview of U.S. Law (Ellen S. Podgor and J. R. Swanegan eds., 2nd ed., Carolina Academic Press, 2019)Clicking on the button will copy the full recommended citation.
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Louis J. Virelli, Animus Symposium: Symposium Introduction, 48 Stetson L. Rev. 173 (2019)Clicking on the button will copy the full recommended citation.
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Em Wright, Immigration Law, 70 Mercer L. Rev. 1083 (2019)Clicking on the button will copy the full recommended citation.
This Article surveys cases from the United States Court of Appeals for the Eleventh Circuit from January 1, 2018 through December 31, 2018, in which immigration law was the central focus of the case. The Survey begins with a discussion of the standard of review the Eleventh Circuit applies to cases decided by the Board of Immigration Appeals (BIA) and Immigration Judges (IJs), followed by summaries of cases disposed on procedural or jurisdictional grounds. Then, the Article describes the Eleventh Circuit's recent jurisprudence around issues of discretionary relief from removal, asylum, and habeas corpus law.
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Jason Bent et al., An Illustrated Guide to Civil Procedure (Wolters Kluwer, 2019)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor and Louis J. Virelli, Secret Policies, 2019 U. Ill. L. Rev. 463 (2019)Clicking on the button will copy the full recommended citation.
This Article examines secret agency policies. Clearly when the directives relate to military or national security matters, secrecy is essential. But should the public be viewers of the DACA Manual’s guidance on when administrative relief will be provided to immigrants brought to the U.S. as children by their undocumented parents? What about the Department of Justice policy related to the dismissal of False Claim Act cases or the written procedures that are used by Assistant United States Attorneys in providing criminal discovery to defense counsel? Written policies veiled in secrecy can be detrimental to achieving transparency and legitimacy in government.
In focusing on these written internal policies that do not pertain to a specific legal matter, this Article looks beyond the Freedom of Information Act (FOIA) and its exemptions. It discusses the need to maintain an appropriate balance between government transparency and the need for some matters to be kept private, and the importance of agency expertise, accountability, and efficiency in determining a need for transparency. Factored into this equation are the ethical repercussions of secret policies when government employees leave the agency with inside information.
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Kirsten K. Davis, Reading Legal Writing Together: Reading Groups Can Build the Disciplinary Community of Legal Writing Scholars, 23 Legal Writing 31 (2019)Clicking on the button will copy the full recommended citation.
This essay describes how a reading group of scholars can help develop community in a scholarly discipline.
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Ellen S. Podgor, A Small Slice of the Chicago Eight Trial, 50 Loy. U. Chi. L.J. 821 (2019)Clicking on the button will copy the full recommended citation.
The Chicago Eight trial was not the typical criminal trial, in part because it occurred at a time of society’s polarization, student demonstrations, and the rise of the House Un-American Activities Committee. Charges were levied against eight defendants, who were individuals that represented leaders in a variety of movements and groups during this time. This Essay examines the opening stages of this trial from the lens of a then relatively new criminal defense attorney, Gerald Lefcourt. It looks at his experiences before Judge Julius Hoffman and highlights how strong, steadfast criminal defense attorneys can make a difference in protecting key constitutional rights and values. Although judicial independence is crucial to a system premised on due process, it is also important that lawyers and law professors stand up to misconduct and improprieties.
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Michèle Alexandre, Calling for a Community Economic Development Code of Ethics, 28 J. Affordable Housing & Commun. Dev. L. 219 (2019)Clicking on the button will copy the full recommended citation.
On January 5, 2019, a group of legal scholars convened a Discussion Group at the AALS 2019 Annual Meeting to examine “race and privilege in Community Economic Development (CED)” with the goal of identifying how CED practice, in general, and experiential and doctrinal law school courses incorporating CED themes, more specifically, “serve to build bridges across racial and socioeconomic boundaries.” Comprised of both clinicians and non-clinicians, this group of scholars was asked to present elements of their individual research that spoke to this and related questions. Many insights were revealed and tested during this discussion. This essay reflects on a notion during the discussion around which there seemed to be consensus and enthusiastic support: that the sustainability of CED practice, as social movement, academic discipline, and legal service could be enhanced by articulating new guiding principles or a code of ethics to ground CED practice in normative principles applicable to communities across the country. The authors of this essay seek to memorialize that discussion and offer a roadmap for the creation of these principles/code of conduct by surfacing and exploring three specific questions:
(1) Why does this endeavor seem crucial?;
(2) How should CED practitioners create and formalize this statement of principles or code of ethics?; and
(3) What would be appropriate CED outcomes in light of the adoption of this statement of principles/code of ethics?
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Michael S. Finch et al., Federal Courts: Context, Cases, and Problems (3rd ed., Aspen Publishers, 2019)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Bennett Gershman on the Prosecutor’s Role as “Minister of Justice”, 16 Ohio St. J. Crim. L. 399 (2019)Clicking on the button will copy the full recommended citation.