News 32 - College of Law

New paper from Sherkow available for download

The famous system of breaking down legal analyses into ordered subparts, Issue-Rule-Analysis-Conclusion, needs an updated focus on the last part, according to Professor Jacob Sherkow. In his new paper, available for download on SSRN, he argues that lawyers need to be experts in conclusions, writing “good conclusions – clear, reasonable, workable, plausible, probable conclusions – are the product of a variety of skills one hopes law students develop during their studies, including case synthesis as tested by the IRAC method and its siblings.”

Read his full defense of conclusions on SSRN.

Mazzone organizes conference at Harvard Law School on SCOTUS history and tradition

On February 17–18, 2024, the College of Law’s Program in Constitutional Theory, History and Law co-sponsored a conference at Harvard Law School on the Supreme Court’s uses of “history and tradition” in determining the existence and scope of constitutional rights. The conference, organized by Program Director Professor Jason Mazzone and Richmond Law Professor Kurt Lash, brought together leading constitutional scholars to present papers that will soon be published in the Harvard Journal of Law and Public Policy. Judge Kevin C. Newsom of the U.S. Court of Appeals for the Eleventh Circuit was the keynote speaker, and in his remarks he offered a vigorous criticism of invocations of tradition in interpreting the Constitution. The New York Times has reported on the conference and on the challenges that Judge Newsom’s keynote raised.

Wilson selected as Fulbright Fellow

Robin Fretwell Wilson has been selected as a Fulbright U.S. Scholar for the academic year 2024-2025. She will spend the year in Lisbon, Portugal at the NOVA School of Law. The Fulbright Program is appropriated by the U.S. Congress annually with goal of developing international understanding and establishing open communication and long-term cooperative relationships. As a Fulbright participant, Professor Wilson will have the opportunity to work collaboratively with international partners and engage with diverse communities.

Keenan shares tips for AI search prompts with the ABA Journal

Generative artificial intelligence is a new tool that can offer robust results, but users must master the art of crafting effective search prompts to yield relevant responses. The ABA Journal spoke with legal experts, including Professor Patrick Keenan, and found that clear objectives, specificity, and context are crucial in forming prompts that guide AI to provide focused and pertinent information, such as legal standards and jurisdictional considerations. Prompt chaining and continuous refinement enhance AI’s output, allowing lawyers to extract useful insights, but selecting the appropriate AI tool aligned with the task’s requirements is equally important.

Read the full article online.

The Guardian quotes McDade on “Hotel California” lyric sheet case

You can check out, but never leave the Hotel California, or so the song’s lyrics state; when the original lyrics sheet, penned by Don Henley and Glenn Frey, was taken from the artists, it was not checked out and now it is the center of a legal battle. Almost 50 years after the song’s release, the trial’s focus revolves around the disputed ownership of over 80 pages of draft lyrics from the Eagles’ blockbuster 1976 album, with Henley expected to testify, offering insights into the band’s creative process and the song’s profound impact on rock music history. Professor Travis McDade, the country’s foremost expert on crimes against rare books, maps, documents, and other printed cultural heritage resources, shared his insight with The Guardian in their article about the case.

Lawless quoted by ABC on financial penalties imposed upon former President Trump

Judge Arthur Engoron dealt a significant legal and financial blow to former President Donald Trump’s business empire, including a staggering $355 million fine and temporary removal of Trump and his sons from business leadership roles. Professor Robert Lawless, speaking to ABC News, explained what may happen to Trump and his businesses if his appeal fails to limit the fines imposed by Engoron, including limited access to capital, increased oversight, and the possibility of forced asset sales. Trump’s ongoing legal battles, including the recent civil suit payout to E. Jean Carroll, could exacerbate his financial difficulties, with bankruptcy offering little respite due to the non-dischargeable nature of legal fines.

Read the full article on the ABC News website.

Illinois Senators name N. Sharpe to screening committee

Professor Nicola Sharpe is one of five individuals selected to be part of a screening committee whose task is to review and vet District Court candidates and advise regarding the candidates’ qualifications and fitness for the position. The committee was selected by U.S. Senate Majority Whip Dick Durbin, Chair of the Senate Judiciary Committee, and U.S. Senator Tammy Duckworth to fill vacancy in the Federal District Court Judge in the Central District of Illinois. “Our constitutional responsibility to advise and consent is one of the most important duties we have in the Senate. As we make recommendations for lifetime judicial appointments, we will benefit from the guidance and insights of our distinguished screening committee,” the Senators said in a press release. The committee also features University of Illinois College of Law alumni Hon. Glenn Collier (ret.) and Donald Jackson.

Read the full press release online.

Wilson testifies before Utah and Wisconsin legislative bodies

Robin Wilson recently testified at two statehouses. On Friday, February 2, she testified before the Utah House Judiciary Committee on Utah House Bill 396, protecting religious freedom. On February 14, she testified in front of the Wisconsin legislature in support of a medical teaching law. These appearances are part of her extensive work on behalf of state law reform efforts; Professor Wilson is the architect or advisor on more than three dozen laws across the United States.

Amar and Mazzone publish new article on ballot counting lawsuit in Mississippi

A recent lawsuit filed by the Republican National Committee and other plaintiffs challenges Mississippi’s practice of counting mail-in ballots received within five business days after “Election Day.” This practice, similar to elections in other states, could face major disruption if the lawsuit succeeds, affecting the upcoming congressional and presidential elections. Writing at Justia Verdict, Professors Vikram Amar and Jason Mazzone argue the lawsuit’s chances of success seem low, as it hinges on a weak theory of illegality, and the distinction between voting and counting ballots after Election Day presents complexities that undermine the plaintiffs’ claims.

Read the full article online.

Utah Senate honors Wilson

Professor Robin Fretwell Wilson was honored on the floor of the Utah Senate for the assistance she has provided lawmakers over nearly a decade, including her work as a special consultant over the past year. On February 12, the Senate presented Wilson with a citation expressing gratitude for her work and members of the body shared kind words about her. Before the convened body, Senate President J. Stuart Adams said Wilson is one of the “smartest attorneys on family law I’ve ever met.”

Watch the Utah Senate honoring Professor Wilson on Media Space.