Notre Dame Law School’s Ethics, Compliance, and Inclusion Program has announced rising third-year student Marilyn “Mary” Mancusi as the winner of the 2022 Smith-Doheny Legal Ethics Essay Contest.
Mancusi’s article, “Attorneys, E-Discovery, and the Case for 37(g)”, responds to the concern that federal courts lack a reliable and consistent system for imposing sanctions on attorneys who violate eDiscovery obligations.
Addressing the fact that much more evidence and information is now being found through various electronic forms and that attorneys play a major role in the discovery process, Mancusi’s paper proposes that a new rule be added to the federal rules of procedure civil. The rule sets out a uniform and reliable system for federal courts to impose penalties on attorneys who participate in electronic discovery misconduct.
His article also discusses the rise of eDiscovery as digital technology has become more prevalent, the common law and ethical expectations lawyers currently have regarding eDiscovery, and how federal courts have previously sanctioned lawyers for their role in electronic discovery. abuse.
Professor Veronica Root Martinez, Director of the Law School’s Ethics, Compliance and Inclusion Program, said: “Mary’s submission stood out for its topical subject matter, analytical rigor and proposal. motivated. I am so happy that we were able to honor him for his exceptional work.
Mancusi is a member of the Notre Dame Law Review and will serve as managing editor this fall. She is a member of the Christian Legal Society, where she served as president of the organization last year. She is also active in the Student Bar Association and is the new Vice President of the SBA. During the last academic year, she was a research assistant for Professor Lloyd Mayer and a teaching assistant for Professor Samuel Bray’s civil procedure class. After graduation, she will serve as a clerk for Judge John Kness of the U.S. District Court for the Northern District of Illinois.
Mancusi is the recipient of the Peter AR Lardy Scholarship for the 2022-23 academic year.
The Smith-Doheny Legal Ethics Essay Contest is an annual competition, first launched in 1997, that seeks the best articles on legal ethics among U.S. and Canadian law students. Selections are made through a “blind” review process and winners receive a cash prize.