Margaret Tarkington
Associate Professor of Law

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

Research

Professor Tarkington’s scholarly interests lie in civil procedure, federal courts, and professional responsibility. Her most recent paper, The Truth Be Damned: The First Amendment, Attorney Speech, and Judicial Reputation, is forthcoming in the GEORGETOWN LAW JOURNAL. The paper examines the punishment of attorney speech critical of the judiciary under First Amendment theory and doctrine, and it criticizes the judicial interpretation of Model Rule of Professional Conduct 8.2.

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. 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.