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Full-Text Articles in Law
Ethical Quagmires For Government Lawyers: Lessons For Legal Education, Susan Saab Fortney
Ethical Quagmires For Government Lawyers: Lessons For Legal Education, Susan Saab Fortney
Faculty Scholarship
Each presidential administration faces its own challenges related to the ethics of government officials and lawyers. What distinguished the Trump presidency was the steady stream of news reports that related to controversies involving government lawyers. In examining various controversies, this Essay argues that the ethical standards applicable to government lawyers are often thorny and debatable. Fortney discusses how controversies involving alleged misconduct by government lawyers reveal the range and complexity of ethical dilemmas that government lawyers encounter. This Essay asserts that legal educators should do more to empower government lawyers to deal with such ethics issues. To highlight key ethics …
Protecting The Guild Or Protecting The Public? Bar Exams And The Diploma Privilege, Milan Markovic
Protecting The Guild Or Protecting The Public? Bar Exams And The Diploma Privilege, Milan Markovic
Faculty Scholarship
The bar examination has long loomed over legal education. Although many states formerly admitted law school graduates into legal practice via the diploma privilege, Wisconsin is the only state that recognizes the privilege today. The bar examination is so central to the attorney admissions process that all but a handful of jurisdictions required it amidst a pandemic that turned bar exam administration into a life-or-death matter.
This Article analyzes the diploma privilege from a historical and empirical perspective. Whereas courts and regulators maintain that bar examinations screen out incompetent practitioners, the legal profession formerly placed little emphasis on bar examinations …
Evaluating Legal Needs, Luz E. Herrera, Amber Baylor, Nandita Chaudhuri, Felipe Hinojosa
Evaluating Legal Needs, Luz E. Herrera, Amber Baylor, Nandita Chaudhuri, Felipe Hinojosa
Faculty Scholarship
This article is the first to explore legal needs in the Rio Grande Valley of Texas––a region that is predominantly Latinx and has both rural and urban characteristics. There are few legal needs assessments of majority Latinx communities, and none that examine needs in areas that are also U.S. border communities. Access to justice studies often overlook this area of the U.S. and this segment of the population despite their unique qualities. Latinos are projected to constitute the largest ethnic group in the country by 2060, making it imperative that we study access to justice-related assets, needs, opportunities, and barriers …
From Pandemic To Pedagogy: Teaching The Technology Of Lawyering In Law Clinics, Sarah R. Boonin, Luz E. Herrera
From Pandemic To Pedagogy: Teaching The Technology Of Lawyering In Law Clinics, Sarah R. Boonin, Luz E. Herrera
Faculty Scholarship
The COVID-19 pandemic has transformed the nation’s approach to work and learning. Law schools, law firms, courts, and administrative agencies abruptly closed their offices and quickly reimagined how to perform their daily functions remotely. Many of these institutions have plans to maintain aspects of remote operations and services post-pandemic. With this in mind, the authors of this Article conducted a survey of law school clinical faculty during the winter of 2021 to better understand how clinicians pivoted their instruction and practice using technology during the pandemic. The authors use the survey results to show how the COVID-19 experience positions clinical …
Infusing Leadership Competencies Into 1l Professional Identity Formation, Aric Short
Infusing Leadership Competencies Into 1l Professional Identity Formation, Aric Short
Faculty Scholarship
Law schools across the country are beginning to address the growing need to incorporate leadership training into their curricula; however, very few explicitly cover leadership in the 1L year. This article argues for the value of providing leadership training to 1Ls as part of a required course on professional identity formation. Because foundational leadership concepts overlap in meaningful ways with core lawyering competencies, such integration is both practical and efficient. Beginning leadership in the 1L year allows law schools to build on that foundational material in later clinics, externships, upper-level classes, and other experiences, creating deeper leadership skills in their …
Teaching And Assessing Active Listening As A Foundational Skill For Lawyers As Leaders, Counselors, Negotiators, And Advocates, Lindsey P. Gustafson, Aric Short, Neil W. Hamilton
Teaching And Assessing Active Listening As A Foundational Skill For Lawyers As Leaders, Counselors, Negotiators, And Advocates, Lindsey P. Gustafson, Aric Short, Neil W. Hamilton
Faculty Scholarship
Our students will be more effective leaders, counselors, negotiators, and advocates as they deepen their ability to actively listen. As a professional and interpersonal skill linked closely with a lawyer’s success, our students’ ability to listen should demand our attention as legal educators. This attention is worth the effort because studies indicate active listening is not a static ability: we can teach students to be better listeners. But “active listening” is missing from most law schools’ learning outcomes or curricula, or it is only included as an undefined element of effective communication. Consequently, it is a critical lawyering skill that …
Review: The Dialogical Roots Of Deduction: Historical, Cognitive, And Philosophical Perspectives On Reasoning, Brian N. Larson
Review: The Dialogical Roots Of Deduction: Historical, Cognitive, And Philosophical Perspectives On Reasoning, Brian N. Larson
Faculty Scholarship
The balance of this review addresses matters in the book that should be of particular interest to readers in the legal rhetoric and communication community. First, it addresses some concepts central to Dutilh Novaes’ effort. Second, it surveys the book’s organization, identifying some key observations and conclusions that she supports with careful evidence and argumentation. Third, it addresses Dutilh Novaes’ attention to non-European and non-Western research and logical traditions. Finally, it considers some difficult and technical passages, noting those readers should work through because the payoff is worth it and others I believe readers in our field might skip.