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Full-Text Articles in Law

The Aba/Aals Sabbatical Site Inspection: Strangers In A Strange Land, R. Lawrence Dessem Oct 2005

The Aba/Aals Sabbatical Site Inspection: Strangers In A Strange Land, R. Lawrence Dessem

Faculty Publications

At some point in their deanships, most law school deans will host a sabbatical site inspection of their law school by the American Bar Association (ABA) and the Association of American Law Schools (AALS). Virtually all deans also will have the opportunity to serve as a representative of the ABA or AALS on a team inspecting another law school. In this article I will discuss these site visits from the dean's perspective.


Advancing Public Interest Practitioner Research Skills In Legal Education, Randy J. Diamond Oct 2005

Advancing Public Interest Practitioner Research Skills In Legal Education, Randy J. Diamond

Faculty Publications

The information revolution has dramatically altered the legal research landscape, expanding the bounds of legal authority. Practitioner research requires more than traditional legal research. It also encompasses factual investigation, non-legal information, interdisciplinary and audience research. Many new lawyers are ill-prepared to research novel and unusual situations, to cope with unwritten laws and local customs, and to meet shifting authority expectations.


Reflections On The Teaching Of Constitutional Law, William W. Van Alstyne Apr 2005

Reflections On The Teaching Of Constitutional Law, William W. Van Alstyne

Faculty Publications

No abstract provided.


Nourishing Justice And The Continuum: Implementing A Blended Model In An Immigration Law Clinic, Irene Scharf Jan 2005

Nourishing Justice And The Continuum: Implementing A Blended Model In An Immigration Law Clinic, Irene Scharf

Faculty Publications

The purpose of this Article is to describe how the new Immigration Law Clinic at Southern New England School of Law has combined attention to the School's mission of educating students and expanding justice by serving the community with the broader goal of addressing the continuing educational needs of recent law school graduates. The Clinic not only offers direct legal services to clients but also trains and mentors recently graduated local attorneys, who offer both pro bono client representation as well as student supervision. Through the Immigration Law Clinic, these attorneys are trained in both immigration law and clinical supervision. …


A Tribute To Professor Herman M. Levy, Margaret M. Russell Jan 2005

A Tribute To Professor Herman M. Levy, Margaret M. Russell

Faculty Publications

On April 5, 2004, the Santa Clara University School of Law lost a beloved and exceptional professor, mentor, colleague, and friend. Professor Herman M. Levy passed away in Oroville, California, the day before his seventy-fifth birthday. Herman had taken a quick trip to Oroville to conduct a labor arbitration; he had served for many years as an arbitrator throughout California and other western states. Every year, I invited him to visit my first-year civil procedure class to talk about arbitration as a form of dispute resolution; he always delighted the class with his combination of wry humor and practical wisdom. …


Should Antitrust Education Be Mandatory (For Law School Administrators)?, Thom Lambert, Royce De R. Barondes Jan 2005

Should Antitrust Education Be Mandatory (For Law School Administrators)?, Thom Lambert, Royce De R. Barondes

Faculty Publications

The purpose of this essay is merely to examine the pertinent antitrust issues. The essay proceeds on the assumption that the AALS policy, whose terms are precatory, speaks to what is in fact an agreement among law schools. As noted below, the policy itself contemplates that law school deans will seek waivers, in individual cases, extending the time periods for up to two months. Were the policy to be litigated, law schools might dispute the existence of an agreement. We believe, though, that the nature of the policy strongly suggests that it represents an agreement among law schools and that …


Introduction: A Good Idea, Mark L. Movsesian Jan 2005

Introduction: A Good Idea, Mark L. Movsesian

Faculty Publications

With this volume, the editors of the Hofstra Law Review introduce a new section: "Ideas." "Ideas" will serve as the vehicle for short pieces—from three to ten pages in length and having a minimal number of footnotes—on topics of interest to scholars and practitioners. There will be no subject-matter restrictions and no requirement that the pieces relate to one another. "Ideas" will not be a symposium, but a collection of brief observations on important legal questions. The editors hope to attract submissions from the academy and from prominent members of the bench and bar as well.

The inauguration of this …


Albany In The Life Trajectory Of Robert H. Jackson, John Q. Barrett Jan 2005

Albany In The Life Trajectory Of Robert H. Jackson, John Q. Barrett

Faculty Publications

We recall Supreme Court Justice and Nuremberg prosecutor Robert Houghwout Jackson (1892-1954) for many reasons, but certainly a leading one is the striking contrast between his humble origins and his exalted destinations. Jackson's life began literally in the deep woods, on a family farm in the gorgeous rural isolation of Spring Creek Township in northwestern Pennsylvania's Warren County. He spent his boyhood and obtained his basic public school education in Frewsburg, a small town in southwestern New York State. While still a teenager, Jackson spent one additional year as a high school student in nearby Jamestown, New York, but he …


Professional Responsibility Redesigned: Sparking A Dialogue Between Students And The Bar, Lois R. Lupica Jan 2005

Professional Responsibility Redesigned: Sparking A Dialogue Between Students And The Bar, Lois R. Lupica

Faculty Publications

In recent years, there have been many public and private, formal and informal complaints about the behavior of lawyers. Moreover, lawyers' tenuous reputation for honesty and integrity has been tarnished by recent, well-publicized scandals. The public, as well as members of the bench and bar, have further decried a decline in attorney professionalism. More than once, it has been suggested that in some way, failings of law schools are to blame. In response to these observations about the professional behavior of lawyers and as a result of the author's experiences of teaching a traditional, Socratic-method Professional Responsibility class for many …


A Tyrannosaurus-Rex Aptly Named Sue: Using A Disputed Dinosaur To Teach Contract Defenses, Miriam A. Cherry Jan 2005

A Tyrannosaurus-Rex Aptly Named Sue: Using A Disputed Dinosaur To Teach Contract Defenses, Miriam A. Cherry

Faculty Publications

(Excerpt)

In August 1990, commercial fossil hunters from the Black Hills Geologic Institute ("Black Hills") discovered the remains of an almost complete Tyrannosaurus Rex skeleton located in the Badlands of South Dakota. Named "Sue" after her discoverer, the fossil immediately became the subject of controversy. Although many of the facts were disputed, the collectors gave the purported owner of the land, a Native American rancher named Maurice Williams, a check for $5,000, which he cashed, and the collectors excavated Sue. The fair market value of a T-Rex skeleton with that degree of completeness was over eight million dollars.

Once the …