March 2011

This article has been written by guest author Harvey Gilmore, LL.M., J.D., Professor Monroe College. There is a great body of research that states that there is a great deal of career dissatisfaction in the legal profession. Yes, it is true that there are a number of practicing attorneys who detest what they do. Yes, there are any number of stories about attorneys who have suffered from depression, substance abuse, and have even attempted suicide. However, I am here to tell you that just because there are several horror stories out there, do not automatically assume that you will become the next statistic, just one more victim of job burnout.  Why? Not only are there attorneys who enjoy what they do, but there are also law school graduates who enjoy…

This article has been written by guest author Hector D. Marin. Precontractual Agreements are used very often in business transactions. But from the case law that has been analyzed it is clearly inferred there is a great uncertainty about their effects. However some clear concepts of Precontractual Agreements with certain effects based on the following conclusions: 1.- There are different types of Precontractual Agreements. The case law and the commentators clear indicate that the Precontractual Agreements are used for different purposes. The content of the Precontractual Agreement and the intent of the parties are different depending on the use of the Precontractual Agreement. 2.- The Letters of Intent or Agreements to Negotiate are binding and enforceable contracts that are used to set forth the conditions of the negotiation, clarifying the…

The College of Law's Jessup competition moot court team won first place at the Phillip C. Jessup International Law Moot Court Competition’s Super-Regional tournament in Denver on Feb. 24-27. The team, which includes Law Journal members Sam Efird, Rob Gordon, Adam Reich, and Jared Sutton, bested 24 other moot court teams to advance to the final rounds, the White & Case International Rounds, held in Washington D.C, from March 20-26. Each year, thousands of law students around the world form teams to address a particular problem as part of the competition. Teams this year were asked to address the legality of the use of unmanned drones and international anti-corruption law. In addition to the first-place finish, Rob Gordon was judged Best Oral Advocate in the competition’s final round and won…

Cody Huffaker’s Law Journal article, “A New Type of Commandeering: The Bypass Clause of the American Recovery and Reinvestment Act of 2009 (Stimulus Package),” has been awarded best student-written article in a law review or journal in the country for 2011 by Scribes, the American Society of Legal Writers. This is an amazing honor! Cody’s article was published in the Fall 2010 Issue of the Law Journal. It is also available on Westlaw at 42 Ariz. St. L.J. 1055. The award will be presented during the Scribes Dinner at the 2011 National Conference of Law Reviews, which is being hosted by the Thomas Jefferson School of Law in San Diego. Cody will receive his award from Erwin Chemerinsky on March 31. Past winners are listed here: http://www.scribes.org/law-review-award. Congrats, Cody!!

The Arizona State Journal will soon publish an article written by Dan Markel, D’Alemberte Professor at Florida State University College of Law and Scholar in Residence (2011) at the Center on the Administration of Criminal Law, New York University School of Law. Professor Markel clerked for Judge Hawkins during the 2001-2002 term. The article examines the difference between judicially-ordered sanctions designed to humiliate or degrade an offender, as opposed to the incidental experience of shame one may feel upon enduring a non-shaming punishment, such as fines or non-visible probation conditions. The article highlights the well-known case, United States v. Gementera,[1] and more precisely, the dissenting opinion authored by Judge Hawkins, which argued that such purposeful shaming has no place in the halls of justice.[2] Professor Markel concludes by stating that he is comforted by…

The Arizona State Journal will soon publish an article written by Carlton F.W. Larson, Professor of Law at University of California, Davis, School of Law. Professor Larson clerked for Judge Hawkins during the 2000-2001 term. The article highlights Judge Hawkins’s democratic faith by examining his commitment to the American jury system. Professor Larson notes that "Judge Hawkins believes that juries—composed of ordinary citizens from all walks of life—generally do their jobs carefully and should remain at the heart of the American justice system." The article describes Judge Hawkins as the "nation’s leading judicial voice on the rights of grand juries" because he has "consistently resisted attempts to curb grand jury independence." The article examines Judge Hawkins' dissent in United States v. Marcucci,[1] and his en banc dissent in the 6-5 decision of…

The Arizona State Journal will soon publish an article written by Cassandra Burke Robertson, Associate Professor at Case Western Reserve University School of Law. Robertson's article addresses the recent trend in transnational legal outsourcing. International outsourcing has come to the legal profession. The ABA and other bar associations have given it their stamp of approval, and an ailing economy has pushed both clients and firms to consider sending more legal work abroad. This article integrates research from the fields of organizational behavior, social psychology, and economic theory to analyze the effectiveness of the legal outsourcing relationship. It identifies organizational pressures in the practice of law that affect how legal work is performed in a transnational context, and it examines how individuals on both sides of the outsourcing process influence the…

The Arizona State Journal will soon publish an article written by Thomas Healy, Professor of Law at Seton Hall Law School. Professor Healy clerked for Judge Hawkins during the 1999-2000 term. The article focuses on a dissent written by Judge Hawkins in Redding v. Safford School District. The controversial dissent was not the “easy” way of analyzing the case but demonstrated the integrity of Judge Hawkins. The case dealt with the strip search of an eighth-grade student. The case seemed clear on a superficial level, but Judge Hawkins delved into the facts to reach a contrary conclusion. Professor Healy commends the moderate tone adopted by Judge Hawkins recognizing the potential for reasonable minds to differ on such issues. Professor Healy also recognizes the value of the intense factual analysis undertaken…

  This article has been written by guest author Todd Williams, B.A. Bowdoin College, 2004; M.A., J.D., University of Washington, 2010. The field of Islamic finance has grown popular in the United States.  Scholars are discussing the implementation of Islamic banking as a result of, among other things, the meltdown of the Western financial system and studies showing a large untapped market of stable wealth among Muslims.[1] The use of Islamic banking products in the United States is certain to expand in coming years. Amid this enthusiasm, there are questions, among scholars and in Muslim communities, about whether products created within the confines of United States financial regulations that are marketed as “Islamic” are indeed in conformance with Shari’a, or Islamic law.[2] This disagreement is due, in part, to a lack…

The Arizona State Law Journal will soon publish an article by Lenni B. Benson. Professor Benson is a Professor of Law at New York Law School and a graduate of the Arizona State University College of Law. This article examines primarily the various immigration opinions of Judge Michael Daly Hawkins of the Ninth Circuit. The article also discusses Judge Hawkins’ contributions outside of his opinions, and evaluates needed reforms in the immigration process. Professor Benson begins with a discussion of the limitations placed on the immigration system by the bureaucratic process. The appeal process and internal working of the courts are discussed, with a strong focus on Judge Hawkins and the Ninth Circuit. Weaknesses of the process are pointed out and room for improvement is shown in various aspects of…