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Full-Text Articles in Law

Tributes To Professor Andy King, Karen H. Rothenberg, William L. Reynolds, Jana B. Singer, Gordon G. Young, David Rosen Dec 2009

Tributes To Professor Andy King, Karen H. Rothenberg, William L. Reynolds, Jana B. Singer, Gordon G. Young, David Rosen

Karen H. Rothenberg

Tributes to Professor Andrew King upon his retirement from the University of Maryland School of Law.


Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg Dec 2009

Colloquium - Gender, Law And Health Care: New Perspectives For Teaching And Scholarship: The Role Of Gender In Law And Health Care, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.


Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha Nov 2009

Ideologia E Utopias Nas Mais Recentes Constituintes Brasileira E Portuguesa: Algumas Linhas De Leitura, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Based upon a political compromise, in which « democratic socialists » and « social democrats » were the main protagonists, the ideology of Portuguese Constitution of 1976 was discrete, subtle. And ulterior constitutional revisions confirmed that fondamental aspect. Of course, utopia was present. But, even more present was the « hope principle ». We believe that the Brazilean constituent assembly, with the original importance of popular contributions, also had hope principle’s decisive influence. But the dinamics of the constituent assembly moderated, since the very beggining, the verbal signs of less discret ideologies. Utopia, neverthless, is very present in the aim …


The Unplanned Obsolescence Of American Legal Education, Rena I. Steinzor, Alan D. Hornstein Nov 2009

The Unplanned Obsolescence Of American Legal Education, Rena I. Steinzor, Alan D. Hornstein

Rena I. Steinzor

No abstract provided.


Reforming The Legal Profession Through Faith-Based Service Learning For Law Students: Notre Dame's 'Just Communities' Project, Vincent D. Rougeau Oct 2009

Reforming The Legal Profession Through Faith-Based Service Learning For Law Students: Notre Dame's 'Just Communities' Project, Vincent D. Rougeau

Vincent D. Rougeau

Major curricular reform is long overdue at many American law schools, and the current economic crisis presents a unique opportunity for change. This article argues for a greater emphasis on service learning in the law school curriculum so that students can acquire a wider range of practical skills essential to lawyers and gain a deeper sense of engagement with issues of justice. At Notre Dame’s London Law Centre, the “Just Communities” project offers a compelling example of how this can be accomplished. Through participation in faith-based community organizing, law students not only gain valuable skills essential to the lawyer’s craft, …


Alinsky's Prescription: Democracy Alongside Law, Barbara L. Bezdek Oct 2009

Alinsky's Prescription: Democracy Alongside Law, Barbara L. Bezdek

Barbara L Bezdek

This Article examines the import of the life’s work of Saul Alinsky—arguably the most prominent founder of contemporary organizing—to the content and methodologies of today’s legal education. I review the community organizing theory and practice of Saul Alinsky for its synergies and lessons on two approaches by legal theorists and educators working in law schools today — “community lawyering” and “social justice”education. These approaches embrace the special responsibility of the legal profession for the quality of justice in society[1] by extending the traditional conceptions of lawyers’ relationships with clients in ways that are informed by the insights of community organizers, …


Coalescing With Salt: A Taste For Inclusion, Phoebe A. Haddon Aug 2009

Coalescing With Salt: A Taste For Inclusion, Phoebe A. Haddon

Phoebe A. Haddon

No abstract provided.


Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks Aug 2009

Teaching Laws With Flaws: Adopting A Pluralistic Approach To Torts, Taunya Lovell Banks

Taunya Lovell Banks

No abstract provided.


Education For A Public Calling In The 21st Century, Phoebe A. Haddon Jul 2009

Education For A Public Calling In The 21st Century, Phoebe A. Haddon

Phoebe A. Haddon

No abstract provided.


The Mdp Controversy: What Legal Educators Should Know, Phoebe A. Haddon Jul 2009

The Mdp Controversy: What Legal Educators Should Know, Phoebe A. Haddon

Phoebe A. Haddon

No abstract provided.


Academic Freedom And Governance: A Call For Increased Dialogue And Diversity, Phoebe A. Haddon Jul 2009

Academic Freedom And Governance: A Call For Increased Dialogue And Diversity, Phoebe A. Haddon

Phoebe A. Haddon

No abstract provided.


Misuse And Abuse Of The Lsat: Making The Case For Alternative Evaluative Efforts And A Redefinition Of Merit, Phoebe A. Haddon, Deborah W. Post Jul 2009

Misuse And Abuse Of The Lsat: Making The Case For Alternative Evaluative Efforts And A Redefinition Of Merit, Phoebe A. Haddon, Deborah W. Post

Phoebe A. Haddon

No abstract provided.


Keynote Address: Redefining Our Roles In The Battle For Inclusion Of People Of Color In Legal Education, Phoebe A. Haddon Jul 2009

Keynote Address: Redefining Our Roles In The Battle For Inclusion Of People Of Color In Legal Education, Phoebe A. Haddon

Phoebe A. Haddon

No abstract provided.


Overview Of Key Defenses In A Section 11 Claim Against An Auditor Jul 2009

Overview Of Key Defenses In A Section 11 Claim Against An Auditor

Maureen Van Neste

No abstract provided.


O Que É Uma Universidade?, Paulo Ferreira Da Cunha May 2009

O Que É Uma Universidade?, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Pouca gente sabe hoje o que é uma Universidade, a sério. Confunde-se muito Universidade e super-mercado de aulas, ou fábrica de « investigação » ou « pesquisa », assim como se confunde serviço público com negócio, vocação com interesse pessoal, etc. É a própria essência da Universidade que está em causa. A confusão é grande no público, que vê a Universidade sobretudo como uma forma de promoção social, pelos diplomas. A confusão não é menor na própria Universidade. Os universitários mais responsáveis interrogam-se sobre a sua função, o sentido do trabalho que fizeram e fazem, e a sua sorte na …


Tributes To Professor Andy King, Karen H. Rothenberg, William L. Reynolds, Jana B. Singer, Gordon G. Young, David Rosen Apr 2009

Tributes To Professor Andy King, Karen H. Rothenberg, William L. Reynolds, Jana B. Singer, Gordon G. Young, David Rosen

William L. Reynolds

Tributes to Professor Andrew King upon his retirement from the University of Maryland School of Law.


The First Integration Of The University Of Maryland School Of Law, David S. Bogen Apr 2009

The First Integration Of The University Of Maryland School Of Law, David S. Bogen

David S. Bogen

No abstract provided.


Meet Mirat Legal Reasoning Fragmented Into Learnable Chunks, John H. Wade Feb 2009

Meet Mirat Legal Reasoning Fragmented Into Learnable Chunks, John H. Wade

John Wade

Extract: Here is one method of describing the analytical aspect of "thinking like a lawyer" which has proved to many law students to be: * easy to remember * able to be used at different levels of sophistication * capable of use in every area of law * useful to define a personal or group educational goal * a reasonably precise method for a student to measure his/her performance in any written/spoken exercise * a helpful method for teachers to model in chunks * a satisfying method for marking written or spoken analytical exercises as strengths and weaknesses of each …


Educating Lawyers For The Global Economy: National Challenges, Carole Silver Dec 2008

Educating Lawyers For The Global Economy: National Challenges, Carole Silver

Carole Silver

This essay addresses the challenge of educating law students to work in an increasingly global context. For students enrolled in United States law school, insight into the ways in which globalization matters can be drawn from the structural approaches to globalization of US-based law firms. These firms pursue their international practices by integrating lawyers educated and licensed in the firm’s home country (the US) and in the host jurisdictions in which the firm has offices. As a result, the success of the firm in its international practice depends upon the ability of its lawyers to develop strong and effective cross-national …


Between Diffusion And Distinctiveness In Globalization: U.S. Law Firms Go Glocal, Carole Silver Dec 2008

Between Diffusion And Distinctiveness In Globalization: U.S. Law Firms Go Glocal, Carole Silver

Carole Silver

No abstract provided.


Not Our Mother's Law School?: A Third-Wave Feminist Study Of Women's Experiences In Law School (With Kelly Hradsky, Kristen Jeschke, Lavonne Meyer & Jill Roberts), Felice J. Batlan Dec 2008

Not Our Mother's Law School?: A Third-Wave Feminist Study Of Women's Experiences In Law School (With Kelly Hradsky, Kristen Jeschke, Lavonne Meyer & Jill Roberts), Felice J. Batlan

Felice J Batlan

This Article proceeds as follows: Part II discusses how we attempted to define and use a third-wave feminist methodology in creating our gender survey. Deeply cognizant of the importance of autobiography to third-wave feminism, Part III includes our own stories about our experiences in law school. Part IV presents the results of our study and Part V sets forth a series of recommendations for improving men and women‟s experiences in law school. The Conclusion sums up what we have learned from our study and its broader implications.


Do Unto Others: Widener Law School Using Pro Bono Service As An Educational Access Outreach Strategy Within The Constraints Of Recession Policies, Sydney Howe-Barksdale Dec 2008

Do Unto Others: Widener Law School Using Pro Bono Service As An Educational Access Outreach Strategy Within The Constraints Of Recession Policies, Sydney Howe-Barksdale

Sydney Howe-Barksdale

No abstract provided.


Politeia And Arete. Archeology Of Senses And Hellenic Legacy, Paulo Ferreira Da Cunha Dec 2008

Politeia And Arete. Archeology Of Senses And Hellenic Legacy, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The idea of the Republic and its value is again the order of the day, not only due to Neorepublican theorists, but also because of many current debates, such as multiculturalism, the laicity of states and societies, transparency and corruption, etc. Along with Republican constitutional rules, principles and values, some proclaimed during the French Revolution (such as Liberté, Égalité, Fraternité), the debate shows the importance of an even deeper question: the importance of virtues, and the Greek legacy of Republican virtues. In this paper, among other points, we remember Pericles’ funereal speech in Thucydides’ History of Peloponnesian War, and some …


Hermenêutica Constitucional Entre Savigny E O Neoconstitucionalismo, Paulo Ferreira Da Cunha Dec 2008

Hermenêutica Constitucional Entre Savigny E O Neoconstitucionalismo, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Apontar para os novos rumos jurisfilóficos mas também práticos do Neoconstitucionalismo contrastando as suas aportações hermenêuticas com o legado de Savigny nesta matéria.


Neoconstitucionalismo: De Espectro A Realidade, Paulo Ferreira Da Cunha Dec 2008

Neoconstitucionalismo: De Espectro A Realidade, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Prefácio da obra "Neoconstituionalismo", chamando a atenção para o papel desta nova perspectiva, novo paradigma da juridicidade, chamado a reforçar a centralidade do Direito Constitucional no mundo jurídico, e a desempenhar um papel de relevo no plano hermenêutico e da superação (?) de algumas querelas jurisfilosóficas.


Strategies And Techniques Of Law School Teaching, Howard E. Katz, Kevin Francis O'Neill Dec 2008

Strategies And Techniques Of Law School Teaching, Howard E. Katz, Kevin Francis O'Neill

Howard E Katz

No abstract provided.


Gambling And Collegiate Athletics, Adam Epstein, Bridget Niland Dec 2008

Gambling And Collegiate Athletics, Adam Epstein, Bridget Niland

Adam Epstein

The article discusses concerns involving intercollegiate sports gambling. It explores the National Collegiate Athletic Association (NCAA) rules known as Bylaws. The article also outlines and explores a history of notable college sports gambling incidents involving individuals and NCAA schools. The article also reviews relevant federal and state laws.


Sports Agent Litigation And The Regulatory Environment, Adam Epstein Dec 2008

Sports Agent Litigation And The Regulatory Environment, Adam Epstein

Adam Epstein

Some of the more important civil and criminal cases involving the litigious history of the sports agent business are discussed. The article provides the fundamentals of the regulatory environment in which sports agents (many of whom are lawyers) operate. While discussion of sports agency is not novel, the collection of major cases coupled with the current state of the regulatory/business environment provides the reader with a solid basis for future consideration or research. The appropriate state and federal laws are explored in detail. The role that the National Collegiate Athletic Association (NCAA) plays in “regulating” sports agents is also discussed.


Incorporating The Criminal Law In Sport Studies, Adam Epstein Dec 2008

Incorporating The Criminal Law In Sport Studies, Adam Epstein

Adam Epstein

The purpose of this article is to provide an outline for teaching the criminal law in a sport studies (or related) course. The article discusses the differences among various crimes and whether physical violence involves legitimate or illegitimate force during a sports contest. Even non-violent (white collar) crimes such as the incident at the University of Toledo demonstrate how the criminal law can weave its way into the legal environment of sport. The article also notes how crimes can be committed in all environments and at all levels: youth sport, recreational activities and leagues, amateur competition and in the professional …


Utilization Of The National Collegiate Athletic Association (Ncaa) Manual As A Teaching Tool, Adam Epstein Dec 2008

Utilization Of The National Collegiate Athletic Association (Ncaa) Manual As A Teaching Tool, Adam Epstein

Adam Epstein

This article provides instructors with some ideas as to how they can incorporate the Division I NCAA Manual into their own course without having to reinvent the wheel. Part I offers a brief history of the NCAA and provides the proper context for the particular provisions of the Manual. Part II focuses on the Manual itself, including discussions of principles and themes found within its borders, the connection of the Manual to traditional legal and sports law topics, and offers examples of some oversights and curious provisions for comic relief.