Making Civility Mandatory: Moving from Aspired to Required

Despite the rise of voluntary civility codes and calls for professionalism, incivility persists in the legal profession. The practice of law is a privilege, not a right, and attorneys must be held to a higher standard of conduct as a lawyer is a representative of clients, an officer of the legal system, and a public citizen having special responsibility for the quality of justice. The time for mandatory civility has long come, and all state bars should follow the lead of the few jurisdictions that have made civility mandatory. This article examines what civility is, its importance, and the problem of incivility. The article also discusses the legal profession’s response to incivility thus far, and why this response in most instances falls short. The article also examines the manner in which mandatory civility can be enforced and provides suggestions on the specific rules necessary to enforce it. This article also discusses the arguments against mandatory civility and provides responses to each. This article argues that civility should be mandatory for attorneys, because when a lawyer fails to act with civility by failing to treat others in the legal process, including the opposing party and its counsel, the court, and clients, with dignity, respect and courtesy, then the public’s confidence in the legal system suffers and legal costs rise, including the costs of litigation. As the former United States Supreme Court Justice Sandra Day O’Connor said, “More civility and greater professionalism can only enhance the pleasure lawyers find in practice, increase the effectiveness of our system of justice, and improve the public’s perception of lawyers.

Take One Step Forward: Federal Courts Continue To Find That Volunteers Are Shielded From Retaliation Based On Protected Speech Under The First Amendment

As an issue of first impression in the Fifth Circuit\u27s jurisdiction, a United States district court in Texas considered whether it is impossible to state a claim for speech retaliation which involves the loss of a plaintiff\u27s volunteer ministry rights and credentials. The court, in line with decisions from other federal courts and analogous Supreme Court cases, determined that being a volunteer is the type of governmental benefit or privilege the deprivation of which triggers First Amendment scrutiny, and it held that the volunteer chaplain stated a valid claim for retaliation. This article summarizes the law concerning retaliation against volunteers based on the exercise of their First Amendment rights, as well as analogous Supreme Court law. The article concludes that other federal courts that decide the issue, including the United States Supreme Court, will likely, and should, continue the pattern and decide that volunteers are protected from retaliation based on their exercise of First Amendment rights

The Duke Model: A Performance-Based Solution for Compensating College Athletes

The recent $8.8 billion extension of the NCAA men’s basketball tournament with TV networks CBS Sports and Turner Broadcasting System Inc. illustrates how in recent years the business of college athletics—specifically, of Division I football and men’s basketball programs—has evolved considerably, exploding into a multibillion dollar annual enterprise. There has been no commensurate change, however, in the compensation structure for the college athletes driving these colossal profits; they are still prohibited from being paid under NCAA rules and are compensated solely through the award of athletic scholarships, as has been the case for decades. This article argues that the jurisprudence on the issue of compensating college athletes relies on shaky antitrust arguments, exposing the flaws of each in turn. In light of the increasing likelihood that a court may in the future side with college athletes on the issue of compensation, the NCAA should be proactive and establish compensation structure guidelines for Division I football and men’s basketball programs, which drive the vast majority of college athletic program profits. The author presents a novel model to achieve this goal, the Duke Model, and demonstrates how this performance-based model would be applied in practice, and further elaborates on how the NCAA could utilize its existing infrastructure to take concrete steps towards reversing its ban on the payment of college athletes

Four Critical Tips for Taking Your First Witness

There are four crucial tips for a junior attorney examining his or her first witness at trial. One must know the rules, both evidentiary and procedural. Stick to the basics of questioning at trial and the examination will go more smoothly. Something unexpected always happens at trial. Being organized and prepared allows an attorney to deal with those surprises much easier. Finally, think about the trier of fact in every question asked or statement made. Relentlessly search out the opportunity to take a witness at trial. When that opportunity arises, follow these four simple tips to make sure to do the best at trial

Improving The Law School Classroom And Experience Through Prayer: An Empirical Study

Dr. Martin Luther King, Jr. once said, “To be a Christian without prayer is no more possible than to be alive without breathing.” There are approximately fifty religiously affiliated law schools in the United States. As faith-based communities, these law schools can integrate their faiths into the education they provide by, among other things, incorporating in the classroom a central characteristic of most religions – prayer. This article includes anonymous survey responses from students at four different Catholic law schools across the nation concerning whether the students liked the fact that their professors prayed at the beginning of class. The article, based on those responses, discusses the advantages of a professor praying in the classroom, including the following: (1) prayer creates a reverent, focused, and unified classroom environment; (2) prayer gives the students a chance to enjoy a few moments of peace, gain their composure, and prepare for class; (3) prayer creates community; (4) professors model positive behavior for the students by showing that one may stay true to one’s religion while still being a lawyer; (5) prayer reminds law students and professors of the world outside the law school, particularly when praying for others; (6) the power of prayer can result in positive results; (7) prayer fosters the faith-based communities that law schools promote as a plus to their students and recruits; and (8) professors can help mold law students to become better attorneys and better people. This article also discusses and responds to the real and perceived disadvantages of prayer in the classroom. Finally, the article includes recommendations for a professor who wants to incorporate prayer into the classroom. This article concludes that the advantages of praying in the classroom can have profound effects on the classroom environment and the law students themselves. Any real or perceived disadvantages of praying by law professors in religiously affiliated law schools are heavily outweighed by the advantages

An Uprising of Civility in Texas

The misconception that the Texas legal system is equivalent to the “Wild West” casts an unflattering and inaccurate picture of civility in the legal profession of Texas. Efforts to increase and sustain civility in Texas are growing and flourishing. Texas has made great strides in promoting and infusing civility into the legal profession. The Supreme Court of Texas, the State Bar of Texas, local Inns of Court, and the Texas Chapter of the American Board of Trial Advocates are leading the movement to add civility into many aspects of the legal profession. Although efforts to promote civility in Texas are extensive, there can and should be more done in Texas to further civility. Law schools and the Supreme Court of Texas can lead the way and implement programs and even civility rules that will help teach students and young lawyers about the tangible benefits of civility and the dire consequences of incivility. Texas must continue to be vigilant in upholding and increasing civility into the legal profession

The Blue Devil\u27s in the Details: How a Free Market Approach to Compensating College Athletes Would Work

Everyone involved in the business of major college athletics, except the athletes, receives compensation based on a free market system. The National Collegiate Athletic Association\u27s (NCAA) cap on athlete compensation violates antitrust law, and athletes should be allowed to earn their free market value as everyone else does in this country. This Article provides a detailed approach to compensating college athletes under a free market model, which includes a salary cap, the terms of a proposed standard player \u27s contract, a discussion of who can represent players, and payment simulations for football and basketball teams. A free market approach would not only be feasible, but it would likely improve the product on the field and the court, as well as the lives of those college athletes who provide the labor for major college athletics, which is currently an $11 billion-a-year industry

Marianist Law Schools: Demonstrating the Courage to Be Catholic

(Excerpt) Only two Marianist law schools exist in the United States. Both University of Dayton School of Law (UDSL) and St. Mary’s University School of Law (St. Mary’s Law School) proudly embrace their Catholic and Marianist traditions in promoting their schools. For instance, St. Mary’s Law School, the only Catholic law school in Texas, openly advertises its commitment to welcome and serve “students of all faiths and uphold the Marianist tradition of hospitality, openness and the family spirit.” Similarly, UDSL’s online published materials state unequivocally: “In the Catholic, Marianist spirit, many of our students participate in pro bono activities and community service efforts.” Both law schools advance a Marianist mission that seeks to produce law graduates who make the world more just and serve the common good