Margaret Tarkington
Associate Professor of Law

438 JRCB
(801) 422-3296
tarkingtonm@law.byu.edu

Research

Professor Tarkington's scholarly interests lie in professional responsibility, civil procedure, and federal courts. Tarkington's work in professional responsibility examines regulations that restrict attorney speech. In The Truth Be Damned: The First Amendment, Attorney Speech, and Judicial Reputation, 97 GEORGETOWN LAW JOURNAL 1567 (2009), Tarkington examines the punishment of attorney speech critical of the judiciary under First Amendment theory and doctrine, and criticizes the judicial interpretation of Model Rule of Professional Conduct 8.2. A companion article, A Free Speech Right to Impugn Judicial Integrity in Court Proceedings, is forthcoming in the BOSTON COLLEGE LAW REVIEW. Professor Tarkington was invited to workshop this paper at Washington & Lee Law School in November 2009 and presented the paper at the Rocky Mountain Junior Scholars Forum in September 2009.

Professor Tarkington also recently published Rejecting the Touchstone: Complete Preemption and Congressional Intent after Beneficial National Bank v. Anderson in the SOUTH CAROLINA LAW REVIEW. Her article is cited in Wright and Miller's leading treatise, FEDERAL PRACTICE AND PROCEDURE, as "an especially good analysis of complete preemption." Professor Tarkington previously presented this paper at the Texas Junior Legal Scholars Conference in August 2007.

Teaching

Professor Tarkington teaches courses that correspond to her primary areas of research, namely, Civil Procedure, Federal Courts, and Professional Responsibility. She has also previously taught Torts. The BYU Student Bar Association awarded Professor Tarkington the Professor of the Year for First-Year Courses in 2006-2007.

Background and Experience

Professor Tarkington joined the faculty in 2008, after a two-year visit that began in 2006. Prior to teaching, Professor Tarkington practiced commercial litigation at Wood Crapo in Salt Lake City and at Sommer Barnard in Indianapolis, Indiana.

Professor Tarkington clerked for Judge Kenneth F. Ripple of the United States Court of Appeals for the Seventh Circuit in 2002-2003.

Education

A 2002 summa cum laude graduate of the J. Reuben Clark Law School, Professor Tarkington was elected to the Order of the Coif and served as executive editor of the BRIGHAM YOUNG UNIVERSITY LAW REVIEW.