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Lola V Skadden and the Automation of the Legal Profession
Simon et al.: Lola v Skadden and the Automation of the Legal Profession Lola v. Skadden and the Automation of the Legal Profession Michael Simon, Alvin F. Lindsay, Loly Sosa & Paige Comparato1 20 Yale J.L. & Tech. 234 (2018) Technological innovation has accelerated at an exponential pace in the last few decades, ushering in an era of unprecedented advancements in algorithms andartificial intelligence technologies. Traditionally,the legalfield has protected itselffrom technological disruptionsby maintaininga professionalmonopoly over legal work and limiting the "practiceof law" to only those who are licensed. This article analyzes the long-term impact of the Second Circuit's opinion in Lola v. Skadden, Arps, Slate, Meagher & Flom LLP, 620 F. App 'x 37 (2d Cir. 2015), on the legal field's existing monopoly over the "practiceof law." In Lola, the Second Circuit underscored that "tasks that could otherwise be performed entirely by a machine" could not be said to fall under the "practiceof law." By distinguishing between mechanistic tasks and legal tasks, the Second Circuit repudiated the legal field's oft-cited appeals to tradition insisting that tasks fall under the "practice of law" because they have always fallen under the practice of law. The broader implications of this decision are threefold. (1) as machines evolve, they will encroach on and limit the tasks considered to be the "practice of law ", (2) mechanistic tasks removedfrom the "practiceof law" may no longer be regulatedby professionalrules governing the legalfield; and (3) to survive the rise of technology in the legalfield, lawyers will need to adapt to a new "practice of law" in which they will act as innovators, purveyors of judgment and wisdom, and guardians of fairness, impartiality,and accountabilitywithin the law. -
UN Chief Calls for More Efforts to End Violence in Syria
5 International UN Chief Calls for more Efforts to Neighbour News Li’s Visit Opens New End Violence in Syria Chapter in China-EU UNITED NATIONS - The and a high representa- Economic Ties international community tive from the European BEIJING - Chinese Pre- nomic structure, ana- should be shamed by Union, met in Geneva, mier Li Keqiang’s visit lysts believe integration the continued suffering Switzerland, to create to the European Union of their development of the Syrian people, UN a road map for peace in has resulted in a hoard strategies will boost the Secretary-General Ban Syria. of new trade deals, growth of both sides Ki-Moon said in a state- The conflict, which start- which are expected to and provide new oppor- ment issued here Tues- ed in March 2011, has left establish the highest tunities for China-EU day, the third anniversa- more than 220,000 Syr- level of bilateral eco- economic ties. ry of an agreement aimed ians dead, while almost nomic and trade coop- Zhao Junjie, a research at finding a political solu- half of the country’s eration to date. fellow at the Institute tion to end the conflict in population have been During Li’s visit, the of European Studies of the Middle East country. forced to flee their homes two economic giants the Chinese Academy “It should shame us all since three years ago, ac- expressed interest in of Social Sciences, said that, three years since the cording to Ban. Syria is linking the European connecting Chinese and adoption of the Geneva now the most unstable Fund for Strategic EU development strate- Communiqu on resolv- region in the world, de- Investments (EFSI), gies has become one of ing the cataclysmic con- clared Ban, saying it is known as the Juncker the highlights of Li’s Eu- flict in Syria, the suffer- “increasingly controlled Plan, with the China- rope visit. -
Executive Branch
EXECUTIVE BRANCH THE PRESIDENT BARACK H. OBAMA, Senator from Illinois and 44th President of the United States; born in Honolulu, Hawaii, August 4, 1961; received a B.A. in 1983 from Columbia University, New York City; worked as a community organizer in Chicago, IL; studied law at Harvard University, where he became the first African American president of the Harvard Law Review, and received a J.D. in 1991; practiced law in Chicago, IL; lecturer on constitutional law, University of Chicago; member, Illinois State Senate, 1997–2004; elected as a Democrat to the U.S. Senate in 2004; and served from January 3, 2005, to November 16, 2008, when he resigned from office, having been elected President; family: married to Michelle; two children: Malia and Sasha; elected as President of the United States on November 4, 2008, and took the oath of office on January 20, 2009. EXECUTIVE OFFICE OF THE PRESIDENT 1600 Pennsylvania Avenue, NW., 20500 Eisenhower Executive Office Building (EEOB), 17th Street and Pennsylvania Avenue, NW., 20500, phone (202) 456–1414, http://www.whitehouse.gov The President of the United States.—Barack H. Obama. Personal Aide to the President.—Katherine Johnson. Special Assistant to the President and Personal Aide.—Reginald Love. OFFICE OF THE VICE PRESIDENT phone (202) 456–1414 The Vice President.—Joseph R. Biden, Jr. Chief of Staff to the Vice President.—Bruce Reed, EEOB, room 202, 456–9000. Deputy Chief of Staff to the Vice President.—Alan Hoffman, EEOB, room 202, 456–9000. Counsel to the Vice President.—Cynthia Hogan, EEOB, room 246, 456–3241. -
Legal Dilemmas Facing White House Counsel in the Trump Administration: the Costs of Public Disclosure of FISA Requests
Fordham Law Review Volume 87 Issue 5 Article 6 2019 Legal Dilemmas Facing White House Counsel in the Trump Administration: The Costs of Public Disclosure of FISA Requests Peter Margulies Roger Williams University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Legal Ethics and Professional Responsibility Commons Recommended Citation Peter Margulies, Legal Dilemmas Facing White House Counsel in the Trump Administration: The Costs of Public Disclosure of FISA Requests, 87 Fordham L. Rev. 1913 (2019). Available at: https://ir.lawnet.fordham.edu/flr/vol87/iss5/6 This Colloquium is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. LEGAL DILEMMAS FACING WHITE HOUSE COUNSEL IN THE TRUMP ADMINISTRATION: THE COSTS OF PUBLIC DISCLOSURE OF FISA REQUESTS Peter Margulies* INTRODUCTION Not every presidential administration can forge a new brand of government lawyering. Historically, government lawyering has swung between two poles: (1) dialogic lawyering, which stresses reasoned elaboration, respect for institutions, and continuity with unwritten norms embodied in past practice; and (2) insular lawyering, which entails opaque definitions, disregard of other institutions, and departures from unwritten norms.1 Because President Trump regularly signals his disdain for institutions, such as the intelligence community, and unwritten norms, such as prosecutorial independence,2 senior lawyers in the White House have added a new mode of legal representation that entails ad hoc adjustments to President Trump’s mercurial decisions and triage among the presidential decisions they will try to temper. -
Report of Investigation Regarding Allegations of Mishandling of Classified Documents by Attorney General Alberto Gonzales, Septe
U.S. Department of Justice Office of the Inspector General Report of Investigation Regarding Allegations of Mishandling of Classified Documents by Attorney General Alberto Gonzales Office of the Inspector General Oversight and Review Division September 2, 2008 TABLE OF CONTENTS I. INTRODUCTION ............................................................................... 1 II. BACKGROUND................................................................................. 2 A. Gonzales’s Professional Background........................................ 2 B. Overview of National Security Information Classification.......... 3 C. Security Facilities Available to Gonzales as Attorney General for the Handling of Classified Materials ................................... 4 1. Justice Department ....................................................... 4 2. Gonzales’s Residences.................................................... 5 D. Security Briefings Received by Gonzales as White House Counsel and as Attorney General ............................................ 7 III. GONZALES’S HANDLING OF CERTAIN CLASSIFIED DOCUMENTS... 8 A. Creation and Handling of the Handwritten Notes as White House Counsel .............................................................. 8 B. Gonzales’s Handling of the Handwritten Notes After He Was Sworn In As Attorney General ........................................ 11 C. Gonzales’s Handling of the Notes and Other SCI Documents as Attorney General............................................................... 14 1. OAG practices -
UPD-Agency-Contacts-Memo.Pdf
Date March 8, 2017 To Interested Parties From United to Protect Democracy White House Communications with the DOJ and FBI The promise that every American will be treated equally under the law and that none is above the law is a bedrock principle of American democracy. The freedom from political influence — real or perceived — on law enforcement underpins all of our other freedoms. By contrast, political influence or interference in law enforcement has been a clear hallmark distinguishing authoritarian regimes from true democracies around the globe.1 For decades, to prevent even the appearance of political meddling in federal law enforcement, Republican and Democratic administrations alike have had written policies governing White House contacts with agencies and offices within the executive branch that have investigatory and enforcement responsibilities. To ensure the impartial application of the laws, these policies have extended to White House contacts with any executive branch agency or office regarding investigations, enforcement actions, regulatory decisions, grants and contracts involving specific parties. To date, the Trump Administration has not articulated publicly a White House policy on agency contacts. Further, multiple reported contacts between senior political staff at the White House and enforcement officers at the Department of Justice (DOJ) appear to have violated forty years of accepted, bipartisan policy. In light of the questions that its actions have raised, and in order to demonstrate its commitment to upholding -
Report of the Pro Bono Task Force October 2012
LEGAL SERVICES CORPORATION REPORT OF THE PRO BONO TASK FORCE OCTOBER 2012 TABLE OF CONTENTS Executive Summary .................................................................................................. i I. Introduction: The Current Crisis in Legal Services ................................................. 1 II. Recommendations to the Legal Services Corporation and Its Grantees .............. 2 Recommendation 1: LSC Should Serve as an Information Clearinghouse and Source of Coordination and Technical Assistance to Help Grantees Develop Strong Pro Bono Programs ..................................................................................................2 1. Create an Association of Pro Bono Professionals Who Work at LSC-Funded Organizations ..........................................................................................3 2. Recommend that Congress Create a Pro Bono Innovation/Incubation Fund ...............3 3. Develop a Pro Bono Toolkit ...........................................................................................3 a. Evaluating Pro Bono Programs ..............................................................................4 b. Offering Volunteer Supports ..................................................................................5 c. Providing a Range of Pro Bono Opportunities to Engage All Segments of the Bar ...................................................................................................................5 1. Small Firm and Solo Practitioners ............................................................................... -
President Barack Obama Meets with President's Commission on White House Fellowships & Fellows
President’s Commission on White House Fellowships · Summer 2014 Newsletter President Barack Obama meets with President’s Commission on White House Fellowships & Fellows PRESIDENT’S COMMISSION — This January, the President’s WHITE HOUSE FELLOWS — President Barack Obama met the Commission on White House Fellowships met with President Barack 2013-2014 White House Fellows in the Roosevelt Room and later, in- Obama during its mid-year meeting. It was the first mid-year meeting vited them to visit the Oval Office. In advance of the meeting, the led by the new Chair, Mary Zients, and we welcomed four new Com- President received summaries of the policy proposals the Fellows had missioners. Though the weather was snowy enough to elicit closing written in their White House Fellowship applications, as well as the federal government offices, most of the Commissioners enthusiastical- issues they work on day to day. This year’s class is working together on ly attended. It was a great opportunity for the Commissioners to hear, several projects areas involving cross-agency collaboration, such as directly from the President, the great value the White House Fellow- Strengthening Communities, Technology and Entrepreneurship, Veter- ship holds in enriching this nation’s leadership. The President engaged ans Issue Areas, and the President’s Management Agenda. the Commissioners in a lively discussion about the future of the pro- The President was briefed on their work to strengthen communities, gram, and one of our veteran Commissioners, whose service has which includes Choice Neighborhoods, Promise Zones, the Task spanned several administrations, noted that the meeting was notably Force on Expanding Community Service, and mostly recently, My unique and inspiring. -
OTG Visitor Logs Letter
February 12, 2021 Ms. Dana Remus White House Counsel The White House 1600 Pennsylvania Avenue N.W. Washington, DC 20500 Dear Ms. Remus, As organizations advocating for open and accountable government, we applaud President Biden’s decision to resume releasing White House visitor logs. Visitor logs provide the public with information about the groups and individuals influencing the administration’s policy decisions; information that is crucial to holding officials accountable. We were, however, disappointed to hear White House Press Secretary Jen Psaki say that the administration is not planning to release visitor logs for virtual visits.1 As you know, government business does not stop during a pandemic, and the principle of transparency becomes more, not less, important during times of national crisis. The public must have a clear picture of the forces influencing White House policy, and White House meetings and visitors are a necessary part of that picture. We ask that the administration change course and immediately begin preparing virtual visitor logs for public release. All visitor logs - whether for in- person visits or the virtual meetings that have replaced them during the pandemic - should be made available online in a searchable, sortable, downloadable database that includes the name and affiliation of each visitor, the date of the visit, the name of the person being visited, and a general description of the reason for the visit. Our groups are happy to provide additional recommendations for creating virtual meeting records that adequately capture this information. The issue of virtual visits also raises important records management questions, as materials associated with virtual meetings clearly constitute presidential records according to the Presidential Records Act.2 National Archives and Records Administration (NARA) guidance further clarifies that presidential records “can be in any media, including textual, audiovisual, and electronic.”3 Therefore, we ask that you publicly answer the following questions as soon as possible: 1. -
Investigation of Whitewater Development Corporation and Related Matters
104TH CONGRESS REPORT 2d Session SENATE 104±280 "! INVESTIGATION OF WHITEWATER DEVELOPMENT CORPORATION AND RELATED MATTERS F I N A L R E P O R T OF THE SPECIAL COMMITTEE TO INVESTIGATE WHITEWATER DEVELOPMENT CORPORATION AND RELATED MATTERS TOGETHER WITH ADDITIONAL AND MINORITY VIEWS JUNE 17, 1996.ÐOrdered to be printed Filed under authority of the order of the Senate of June 13, 1996 INVESTIGATION OF WHITEWATER DEVELOPMENT CORPORATION AND RELATED MATTERSÐFINAL REPORT 1 104TH CONGRESS REPORT 2d Session SENATE 104±280 "! INVESTIGATION OF WHITEWATER DEVELOPMENT CORPORATION AND RELATED MATTERS F I N A L R E P O R T OF THE SPECIAL COMMITTEE TO INVESTIGATE WHITEWATER DEVELOPMENT CORPORATION AND RELATED MATTERS TOGETHER WITH ADDITIONAL AND MINORITY VIEWS JUNE 17, 1996.ÐOrdered to be printed Filed under authority of the order of the Senate of June 13, 1996 U.S. GOVERNMENT PRINTING OFFICE 25±225 WASHINGTON : 1996 SPECIAL COMMITTEE TO INVESTIGATE WHITEWATER DEVELOPMENT CORPORATION AND RELATED MATTERS ALFONSE M. D'AMATO, New York, Chairman RICHARD C. SHELBY, Alabama PAUL S. SARBANES, Maryland CHRISTOPHER S. BOND, Missouri CHRISTOPHER J. DODD, Connecticut CONNIE MACK, Florida JOHN F. KERRY, Massachusetts LAUCH FAIRCLOTH, North Carolina RICHARD H. BRYAN, Nevada ROBERT F. BENNETT, Utah BARBARA BOXER, California ROD GRAMS, Minnesota CAROL MOSELEY-BRAUN, Illinois PETE V. DOMENICI,* New Mexico PATTY MURRAY, Washington ORRIN G. HATCH, Utah PAUL SIMON, Illinois FRANK H. MURKOWSKI, Alaska HOWARD A. MENELL, Staff Director ROBERT J. GIUFFRA, Jr., Chief Counsel PHILIP E. BECHTEL, Deputy Staff Director STEVEN B. HARRIS, Democratic Staff Director and Chief Counsel MICHAEL CHERTOFF, Special Counsel RICHARD BEN-VENISTE, Democratic Special Counsel ALICE S. -
The President and the Detainees
UNIVERSITY of PENNSYLVANIA LAW REVIEW Founded 1852 Formerly AMERICAN LAW REGISTER © 2017 University of Pennsylvania Law Review VOL. 165 FEBRUARY 2017 NO. 3 ARTICLE THE PRESIDENT AND THE DETAINEES AZIZ Z. HUQ† Entering the White House in 2009, President Barack Obama committed to closing the military detention facility at Guantánamo Bay in Cuba. Eight years later, the facility remains open. This Article uses the puzzle of why Obama’s goal proved so recalcitrant † Frank and Bernice J. Greenberg Professor of Law, University of Chicago. I am indebted to Ruixi Mao, Charles Zhang, Morgan Miller, and Dan Marcin—former and present research professionals at the Coase-Sandor Institute for Law and Economics—for their extensive help with preparing and analyzing data for this Article; Joey Burton, the Institute’s former director, graciously enabled their assistance. Several research assistants also did invaluable work. I am especially grateful to Steve Donohue for his extensive work hand-coding documents. Melissa Wu, Caitlin Foley, Sam Geloso, Paxton Williams, and Cecilia Wang also did terrific work. I received valuable comments on this project from Adam Cox, David Cole, Adam Chilton, Ben Grunwald, Jonathan Hafetz, Rebecca Ingbar, Jonathan P. Jackson, Andrew Kent, Anne Joseph O’Connell, Cian Murphy, David Pozen, Eric Posner, Daphna Renan, Daniel Richman, Stephen Schulhofer, and Matt Waxman. Workshop participants at King’s College London, Chicago-Kent College of Law, Columbia Law School, the University of Chicago Law School, and the 2015 Conference on Empirical Legal Studies all provided insightful comments. Finally, I am very grateful to Brian Ruocco and other editors at the University of Pennsylvania Law Review for their careful and painstaking work on this Article. -
Journal of Supreme Court History Index
INDEX TO THE JOURNAL OF SUPREME COURT HISTORY VOLUMES 1-44 (1976-2019) By JOEL FISHMAN, Ph.D., M.L.S. Associate Director for Lawyer Services, Emeritus Duquesne University Center for Legal Information/ Allegheny County Law Library Pittsburgh, PA Washington: The Supreme Court Historical Society, 2020 Copyright: The Supreme Court Historical Society, 2020 TABLE OF CONTENTS Contents I. CHRONOLOGICAL INDEX .......................................................................................................................... 1 II. AUTHOR INDEX.......................................................................................................................................... 39 III. TITLE INDEX ............................................................................................................................................. 73 IV. SUBJECT INDEX ...................................................................................................................................... 108 1. Introductions ................................................................................................................................................. 108 2. Articles. .......................................................................................................................................................... 111 Administrative Law ......................................................................................................................................... 111 Admiralty Law ................................................................................................................................................