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Selected Works

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Memorializing The Meal: An Analogical Exercise For Transactional Drafting, William E. Foster, Emily Grant Dec 2013

Memorializing The Meal: An Analogical Exercise For Transactional Drafting, William E. Foster, Emily Grant

William E Foster

The legal academy is increasingly focused on producing practice-ready lawyers. For transactional practice, that notion requires that attorneys have the flexibility, creativity, and business acumen to draft documents that anticipate contingencies and accomplish clients’ goals. Effective lawyers are able to structure their clients’ affairs to provide a balance of flexibility for, and protection against, the predictably unexpected. To further this goal, this article incorporates pedagogical theory to introduce a classroom exercise that focuses on creativity and contingency planning in the transactional drafting context. It does so by introducing that process in a nonlegal context, specifically by having students plan a …

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Through The Looking Glass Of Eminent Domain: Exploring The "Arbitrary And Capricious" Test And Substantive Rationality Review Of Governmental Decisions, Zygmunt J.B. Plater Oct 2011

Through The Looking Glass Of Eminent Domain: Exploring The "Arbitrary And Capricious" Test And Substantive Rationality Review Of Governmental Decisions, Zygmunt J.B. Plater

Zygmunt J.B. Plater

The day-to-day realities of different systems of government can be discerned in the way they handle, in theory and practice, clashes between the individual and the collective will. The structure of contemporary American democracy is no exception. It is comprised of a variegated assortment of judicial formulae for balancing the interests of the individual and the state, most of these formulae tracing back with differing degrees of directness to textual bases in the first nine amendments to the federal Constitution or their state constitutional equivalents. One of these basic structural balancings, encountered early on by every student of American law …

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Teaching Transactional Skills In Partnership With The Bar, Carl J. Circo Dec 2010

Teaching Transactional Skills In Partnership With The Bar, Carl J. Circo

Carl J. Circo

For several years, business and transactional lawyers have increased the pressure on law schools to produce more practice-ready graduates. This article explores the practical skills reform movement with two goals in mind. First, it seeks to articulate and reconcile some of the fundamental differences in the perspectives of the practicing bar and the legal academy. Second, it highlights the special challenges and opportunities involved in making legal education more effective for students who will practice business and transactional law. In addition to reviewing recent literature from the bar and the academy on the practical skills gap, the article also reports …

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