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Professional Responsibility & Legal Education

The American IP System

Short video featuring Adam Mossoff
Adam Mossoff June 15, 2016

Adam Mossoff, Professor of Law at the Antonin Scalia Law School, George Mason University, gives a brief overview of the United States' intellectual property system. He discusses the United States' innovative manner of treating patents and trademarks as property rights. He also explains how the United States has influenced many modern countries' approaches.

Judicial Recusal Required: Williams v. Pennsylvania Decided - Podcast

Professional Responsibility & Legal Education Practice Group Podcast
John J. Park, Jr. June 14, 2016

On June 9, the Supreme Court issued its decision on Williams v. Pennsylvania, a case which confronted whether or not a state supreme court justice had violated the Due Process Clause when he refused to recuse himself from a capital punishment case. The justice made the initial decision to seek the death penalty and had also defended the decision on appeal while in his office as prosecutor before his appointment to the bench. The Court ruled in favor of the plaintiff, asserting that the refusal to recuse was a violation of the Due Process Clause of the 14th Amendment.

Featuring:

  • John J. Park, Jr., Of Counsel, Strickland Brockington Lewis LLP

Is having only 8 Supreme Court Justices a problem?

Short video featuring Steven Calabresi
Steven G. Calabresi June 10, 2016

Steven G. Calabresi, Professor of Law at Northwestern University, discusses the number of Justices who sit on the Supreme Court. He contrasts our current Court of nine Justices with earlier periods in US history, international Courts, and state Supreme Courts. He also explains what happens when a case gets a 4-4 vote.

Speech Code for Lawyers? - Podcast

Free Speech & Election Law, Litigation, and Professional Responsibilities & Legal Education Practice Groups Podcast
Eugene Volokh June 06, 2016

The American Bar Association (ABA) model rules of conduct have long wrestled with regulating the intersection of discrimination and the law of lawyering. The current model rules forbid discrimination in the practice of law only as a comment to the prohibition on lawyer conduct prejudicial to the administration of justice. After much discussion and pressure, the ABA has proposed expanding the language to become new model rule 8.4 (g). If enacted, this rule would prohibit (in its own right) discrimination or harassment by a lawyer engaged in the practice of law against a list of protected classes, including ethnicity, gender identity, and marital status. Perhaps anticipating a challenge, the new rule's comment states that the new rule does not apply to non-lawyer conduct or activities protected by the first amendment and also exempts times when references to such protected groups and facts are needed to effectively represent a client. However, this new rule would apply to all conduct at primarily firm and legal events, including firm related social events.

What is discrimination or harassment over socioeconomic status? Since this rule applies to social settings, where is the line to be drawn and what chilling effect might be created? What about free speech and free association?

Featuring:

  • Prof. Eugene Volokh, Gary T. Schwartz Professor of Law, UCLA School of Law