Recent Submissions

  • Voting Like a Duck: Reflecting on a Year of Legal Writing Voting Rights 

    Stange, Meredith A. G. (Legal Writing Institute, 2020-03)
    Over the years, in various legal writing forums, I have heard that legal writing professors should try to “look like ducks.” This means we should publish, teach doctrinal courses, and otherwise do everything we can to ...
  • Law Students Lie and Other Practical Information for First-Year Students 

    Stange, Meredith A. G. (Law Teacher, 2012)
    The first thing I tell students, and the piece of information they most often remember, is something that took me nearly my entire first year of law school to figure out: Law students lie. I do not mean that all law students ...
  • USA: Regulating Non-Lawyers to Close the Access to Justice Gap 

    Rigertas, Laurel A. (Legal Ethics, 2014)
    Despite the fact that many new lawyers are struggling today to find employment, there are a few regulators of the legal profession willing to consider how non-lawyers can help to close the gap in consumer access to legal ...
  • The Birth of the Movement to Prohibit the Unauthorized Practice of Law 

    Rigertas, Laurel A. (Quinnipiac Law Review, 2018)
    Despite its omnipresence in the field, there is no comprehensive history of the legal profession's effort to prohibit the unauthorized practice of law ("UPL"), by persons or entities who do not have a license to engage in ...
  • Alt-Bargaining 

    Oswalt, Michael M. (Law and Contemporary Problems, 2019)
    Reflections on the modern labor movement tend to take a bad-news/good-news approach to the future: yes, unions are down, but a new trend suggests they are far from out. The framing is optimistic, but also right. What’s ...
  • Organizing the State: The “New Labor Law” Seen from the Bottom-Up 

    Oswalt, Michael M.; Marzán, César F. Rosado (Berkeley Journal of Employment and Labor Law, 2018)
    U.S. labor and employment law is broken. Evidence of the decay can be gleaned from the steep decline in unions and collective bargaining, inadequate employment protections, ineffective enforcement of many employment laws, ...
  • The Content of Coercion 

    Oswalt, Michael M. (U.C. Davis Law Review, 2019)
    This Article is about a new approach to one of the law's most basic questions: what is coercion? Under its traditional framing, coercion is about transactions. One person makes an offer to another person, who, under the ...
  • Forgetting Its Common Humanity: America's Immigration Story 

    Maddali, Anita (2018)
    It has become increasingly difficult for immigrants to maintain family integrity under the current immigration system. The challenges they face include exceptionally long visa wait times; increasing penalties for violations ...
  • Help Me, Help You: What You Should Know Before You Ask for Help 

    Stange, Meredith A. G. (The Learning Curve (AALS Sec. on Acad. Support, Washington, D.C.), 2019-05)
    I got an email the other day from a student who was having some difficulty writing his arguments. The student wrote that he kept rewriting his arguments in response to my comments but that he still had not been able to get ...
  • Suing Principals Alone for the Acts of Agents 

    Parness, Jeffrey A.; Yorko, Alexander (DuPage County Bar Association Brief, 2017-05)
    This past August the Illinois Appellate Court, in Yarbrough v. Northwestern Memorial Hosp., suggested there was never a need to join, or to continue to join, an agent when pursuing a vicarious liability lawsuit against its ...
  • International Child Relocations from U.S. States 

    Parness, Jeffrey A. (2017)
    Child caretaking in the United States today frequently is undertaken by adults who do not operate under court orders or private agreements. The adults may, but need not then be, legal parents. There are usually constraints ...
  • Nonparental Childcare and Child Contact Orders for Grandparents 

    Parness, Jeffrey A.; Yorko, Alexander (2017)
    The U.S. Supreme Court has long recognized that the regulation of certain areas of domestic relations, including standing to seek a childcare order, rests within the virtually exclusive province of the states. State lawmakers ...
  • De Facto Parent and Nonparent Child Support Orders 

    Parness, Jeffrey A.; Timko, Matthew L. (2018)
    For ever so long U.S. state laws have recognized the federal constitutional right to “care, custody and control” of a child vested in the opposite sex married couple who bore the child of sex or in any formal adoptive ...
  • Marriage Equality, Parentage (In)Equality 

    Parness, Jeffrey A. (2017)
    Recently, several quite distinguished commentators have asked how, if at all, the U.S. Supreme Court will speak, after its same sex marriage ruling in Obergefell v. Hodges, to interstate inequalities involving the federal ...
  • Unnatural Voluntary Parentage Acknowledgments Under the 2017 Uniform Parentage Act 

    Parness, Jeffrey A. (2018-10)
    The 2017 Uniform Parentage Act expands the opportunities for formal parentage establishments via voluntary acknowledgements (VAPs) by intended parents with no natural ties to their acknowledged children. This constitutes ...
  • "Attempted Threat" Crimes and Oduwole 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-04-23)
    Last month, an appellate court reversed the conviction of Olutosin Oduwole — a former Southern Illinois University student and aspiring rap artist — for an “attempt to make a terroristic threat” (People v. Oduwole, __ ...
  • Recording Police Interrogations Has Worked -- And Should Be Expanded 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-05-29)
    Legislation to expand the use of audio and video recordings of police interrogations of criminal suspects is now pending in the Illinois General Assembly. As originally conceived, the bills would modify the current statute ...
  • Afterthought Crimes and the Felony Murder Rule in Illinois 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-07-22)
    Last month, the Mississippi Supreme Court held that a defendant who decided to commit a robbery after killing his victim could be convicted of capital murder on the basis of a “felony-murder” theory. In other words, in ...
  • The Oddly Perverse Consequences of Mandatory Sentencing Enhancements 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-08-19)
    In June, the Illinois 2nd District Appellate Court reversed the first-degree murder conviction of defendant Gareng Deng under rather unusual circumstances. Deng, who pleaded guilty to a killing in 2009 in exchange for 35 ...
  • The Evolving Right to Counsel on State Post-Conviction Review 

    Falkoff, Marc D. (Chicago Daily Law Bulletin, 2013-09-26)
    Fifty years after Gideon v. Wainwright announced that lawyers at state criminal trials are constitutional necessities and not luxuries, the metes and bounds of the right to counsel are still being hashed out in the courts. ...

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