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Full-Text Articles in Law

Digg, Debra Moss Curtis Dec 2017

Digg, Debra Moss Curtis

Debra Moss Curtis

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Some Reflections On Dissenting, Kermit V. Lipez Nov 2017

Some Reflections On Dissenting, Kermit V. Lipez

Maine Law Review

In the collegial world of appellate judging, where the dominant impulse is consensus, dissents depart from the norm. If their language is sharp, the dissents may offend colleagues and worry court watchers who expect consensus. These self-assigned opinions also add to the pressures of the work. Given these implications, the choice to dissent should never be a casual one. You must weigh the institutional and personal costs and benefits, understand the purpose of the dissent and the audiences for it, and always be attentive to style and tone. In a haphazard sort of way, I consider these issues when I ...


Vol. 53, No. 13 (November 20, 2017) Nov 2017

Vol. 53, No. 13 (November 20, 2017)

Indiana Law Annotated

No abstract provided.


Faith, Pluralism, And The Practice Of Law, Robert K. Vischer Nov 2017

Faith, Pluralism, And The Practice Of Law, Robert K. Vischer

The Catholic Lawyer

No abstract provided.


Catholic Lawyers In An Age Of Secularism, The Honorable Diarmuid F. O'Scannlain Nov 2017

Catholic Lawyers In An Age Of Secularism, The Honorable Diarmuid F. O'Scannlain

The Catholic Lawyer

No abstract provided.


Dean's Desk: Past And Present, Women Play Key Roles At Iu Maurer, Austen L. Parrish Nov 2017

Dean's Desk: Past And Present, Women Play Key Roles At Iu Maurer, Austen L. Parrish

Austen Parrish (2014-)

Under first lady Laurie Burns McRobbie’s leadership, Indiana University founded Women’s Philanthropy as one way to celebrate alumnae leadership and to make the achievements of our most talented and trailblazing women graduates more visible. As the IU Maurer School of Law’s 175th year draws to a close, consistent with these larger University efforts, it’s an opportune time to celebrate some of the law school’s extraordinary women graduates. Their stories are powerful and inspiring, and I’m pleased to share just a few.


The Changing Legal Landscape For Clergy, Arthur Gross Schaefer, Dan Van Bogaert Nov 2017

The Changing Legal Landscape For Clergy, Arthur Gross Schaefer, Dan Van Bogaert

The Catholic Lawyer

No abstract provided.


Tilt, Steven Lubert Nov 2017

Tilt, Steven Lubert

Maine Law Review

In poker, everybody loses sooner or later. Sometimes it’s just a few hands, and sometimes you lose for the whole night (or longer). Sometimes the losses are your own fault, and sometimes you can play perfectly and still go broke. The point is that losing is part of the game. No one is immune from it, and even the most skilled players cannot avoid it. In the long run, of course, there is no luck in poker, and the best players will eventually win. But as the card player and poet A. Alvarez explained, there is plenty of luck ...


Vol. 53, No. 12 (November 13, 2017) Nov 2017

Vol. 53, No. 12 (November 13, 2017)

Indiana Law Annotated

No abstract provided.


Vol. 53, No. 11 (November 6, 2017) Nov 2017

Vol. 53, No. 11 (November 6, 2017)

Indiana Law Annotated

No abstract provided.


Personal Values Within Our Profession, Gordon L. Gray Oct 2017

Personal Values Within Our Profession, Gordon L. Gray

The Catholic Lawyer

No abstract provided.


Jacob's Blessing, Cooperative Grace, And Practicing Law With A Limp, John M.A. Dipippa Oct 2017

Jacob's Blessing, Cooperative Grace, And Practicing Law With A Limp, John M.A. Dipippa

The Catholic Lawyer

No abstract provided.


Learning From The Unpleasant Truths Of Interfaith Conversation: William Stringfellow's Lessons For The Jewish Lawyer, Russell G. Pearce Oct 2017

Learning From The Unpleasant Truths Of Interfaith Conversation: William Stringfellow's Lessons For The Jewish Lawyer, Russell G. Pearce

The Catholic Lawyer

No abstract provided.


A Challenge To Lawyers, Robert F. Drinan, S.J. Oct 2017

A Challenge To Lawyers, Robert F. Drinan, S.J.

The Catholic Lawyer

No abstract provided.


Introductory Note: Personal Values And The Character Of The Lawyer, Joseph A. Morris, C.M., Ph.D Oct 2017

Introductory Note: Personal Values And The Character Of The Lawyer, Joseph A. Morris, C.M., Ph.D

The Catholic Lawyer

No abstract provided.


Vol. 53, No. 10 (October 30, 2017) Oct 2017

Vol. 53, No. 10 (October 30, 2017)

Indiana Law Annotated

No abstract provided.


On Encouraging Lawyers To Serve The Poor, John F. Castellano Oct 2017

On Encouraging Lawyers To Serve The Poor, John F. Castellano

The Catholic Lawyer

No abstract provided.


Vol. 53, No. 09 (October 23, 2017) Oct 2017

Vol. 53, No. 09 (October 23, 2017)

Indiana Law Annotated

No abstract provided.


Women In The Legal Profession From The 1920s To The 1970s: What Can We Learn From Their Experience About Law And Social Change?, Cynthia Grant Bowman Oct 2017

Women In The Legal Profession From The 1920s To The 1970s: What Can We Learn From Their Experience About Law And Social Change?, Cynthia Grant Bowman

Maine Law Review

I work in a law school building that is named for Jane M.G. Foster, who donated the money for its construction. It’s a lovely building, and my office overlooks a gorge so that I can hear the water fall as I write. So I’m grateful to Jane Foster. And curious. Who was she? Jane Foster graduated from Cornell Law School in 1918, having served as an editor of the law review and being elected to the Order of the Coif. But no law firm wanted her services. She obtained employment not as a lawyer but as a ...


Honey, You're No June Cleaver: The Power Of "Dropping Pop" To Persuade, Victoria S. Salzmann Oct 2017

Honey, You're No June Cleaver: The Power Of "Dropping Pop" To Persuade, Victoria S. Salzmann

Maine Law Review

Imagine a contentious child-custody hearing in which the husband is testifying about his wife's behavior. If he were to state “she is no June Cleaver,” that testimony would have an immediate impact upon those present. Most people would understand that the husband was making a reference to Mrs. Ward Cleaver, the pearl-clad mother figure from the popular 1950s television show Leave It to Beaver. However, the reference does more than simply call to mind 1950s television. It is a vivid popular-culture allusion that immediately taps into the psyche of anyone familiar with the show. It tells the listener that ...


Vol. 53, No. 08 (October 16, 2017) Oct 2017

Vol. 53, No. 08 (October 16, 2017)

Indiana Law Annotated

No abstract provided.


A Long Overdue Rendezvous For American Legal Education, Daniel J. Morrissey Oct 2017

A Long Overdue Rendezvous For American Legal Education, Daniel J. Morrissey

The Catholic Lawyer

No abstract provided.


Reflections On Forty Years Of Private Practice And Sustained Pro Bono Advocacy, Stephen H. Oleskey Oct 2017

Reflections On Forty Years Of Private Practice And Sustained Pro Bono Advocacy, Stephen H. Oleskey

Maine Law Review

I am going to address two topics. The first is the one Judge Coffin asked me to address in October 2009, when I was invited to give the 2010 Coffin Lecture: how to combine the private practice of law with an active pro bono practice. The second topic is the one Dean Peter Pitegoff and I agreed to add: a brief discussion of legal developments in national security law since 9/11. My pro bono involvement in Guantanamo Habeas litigation began in 2004 and led directly to my interest in national security law and to my recognition of how difficult ...


The Modigliani-Miller Theorem At 60: The Long-Overlooked Legal Applications Of Finance’S Foundational Theorem, Michael S. Knoll Oct 2017

The Modigliani-Miller Theorem At 60: The Long-Overlooked Legal Applications Of Finance’S Foundational Theorem, Michael S. Knoll

Faculty Scholarship

2018 marks the 60th anniversary of the publication of Franco Modigliani and Merton Miller’s The Cost of Capital, Corporation Finance, and the Theory of Investment. Widely hailed as the foundation of modern finance, their article, which purports to demonstrate that a firm’s value is independent of its capital structure, is little known by lawyers, including legal academics. That is unfortunate because the Modigliani-Miller capital structure irrelevancy proposition (when inverted) provides a framework that can be extremely useful to legal academics, practicing attorneys and judges.


Institutional Triage: Reflections On Being Acquired, Aric K. Short Oct 2017

Institutional Triage: Reflections On Being Acquired, Aric K. Short

Aric Short

On June 25, 2012, I walked into the dean's office at Texas Wesleyan University School of Law. He and I had been summoned by our university president to a hastily called meeting to discuss the law school's "academic program." Since I helped oversee our academic program as Associate Dean for Academic Affairs at the time, I was not particularly looking forward to the meeting. I assumed there would be bad news of some sort.

Instead, we were told that Texas Wesleyan University ("TWU") and Texas A&M University ("TAMU") were in negotiations that, it was expected, would result in a "strategic partnership" beneficial to both universities. One result of that partnership, we were told, would be that operational control of TWU School of Law would be transitioned to TAMU. I must have looked as confused as I felt at that moment, because the President then leaned forward and with a kind, patient face said to me, "If everything goes as expected, the law school will be acquired by Texas A&M."

The following two years at the law school were extraordinary. We spent 2012-2013 building relationships with TAMU and laying the foundation for our transition, all the while continuing our existing programs for 750 students. On August 13, 2013, approximately one year after we were told about the negotiations, the acquisition was complete, and we began operations as Texas A&M University School of Law. The following academic year, 2013-2014, involved navigating countless changes and adjustments across the entire range of our operations. One thing we did not have during the last two years was the luxury of reflection and careful planning. Instead, our work was triage. Certain tasks had to be completed so we could survive and operate as TAMU School of Law from day one. Others could wait, at least a short while.

In Part I of this Essay, I provide a brief summary of the past two years at TWU-TAMU School of Law for background and context. In Part II, I provide a few reflections based on my experience in the leadership team that helped navigate our school through this significant transition. These are things I wish I had known two years ago. Perhaps law school administrators at schools facing similar institutional triage in the future will find them useful.

Given the news from law schools across the country, it seems clear that other institutional changes are brewing, if not actively underway, as this Essay goes to print. These are difficult times (and, of course, times of opportunity) in legal education. Applications, enrollment, indicators, and revenue are down nationwide, job prospects for many graduates have dwindled, and schools are rethinking and reinventing their educational goals, programs, and operations. As universities and law schools grapple with these challenges, major changes will result. Institutions will "right size," merge, or close altogether. The leaders of those schools will face difficult decisions, some of which will have to be made on short notice with little time to thoroughly plan and evaluate options.

This is not a "how-to" essay. From an administrative perspective, I think we did a number of things right and well during our last two years. But, as is usually the case in life, we could have done many things better. And we certainly made at least a few mistakes. To the extent there is value in these reflections, it may lie primarily in what we could have done more effectively or efficiently.

As challenging as these past two years have been for our law school, we are now a stronger institution. We operated as a part of TWU from 1992 through 2013. During that time, we gained full American Bar Association ("ABA") accreditation (1994), were granted membership in the Association of American Law Schools (2012), achieved a strong regional reputation for producing well-trained and skilled graduates, and attracted a talented faculty with diverse scholarly and teaching interests. With our transition to TAMU, the future looks even brighter for our institution. Financial support for the law school has increased; we are carefully developing a number of new academic initiatives, including collaborations ...


Leveraging Academic Law Libraries To Expand Access To Justice, Paul Jerome Mclaughlin Jr. Oct 2017

Leveraging Academic Law Libraries To Expand Access To Justice, Paul Jerome Mclaughlin Jr.

Library Faculty Publications

Academic law libraries are in a unique position to help citizens gain access to the court system and legal information. By creating clinics that focus on helping pro se patrons find and complete legal forms, academic law libraries would not only benefit their schools but also the justice system.


Surrogate Lawyering: Legal Guidance, Sans Lawyers, Paul R Tremblay Oct 2017

Surrogate Lawyering: Legal Guidance, Sans Lawyers, Paul R Tremblay

Boston College Law School Faculty Papers

Innovative thinkers within the access-to-justice (ATJ) movement have been experimenting with creative ideas for delivering meaningful legal guidance in an efficient way to clients struggling with civil legal needs. These efforts respond to the long-standing crisis in the delivery of legal services to disadvantaged persons, and the overwhelming need for legal advice in areas such as debt collection, housing, family, and immigration. One such imaginative proposal is what this Article calls “surrogate lawyering.” This innovation envisions public interest law firms using some scarce lawyer time to train and advise community-based organization (CBO) staff members to respond, in real time and ...


The Pro Bono Collaborative Project Spotlight: Increasing Access To Justice Just Got A Little Easier In Rhode Island 10-05-2017, Roger Williams University School Of Law Oct 2017

The Pro Bono Collaborative Project Spotlight: Increasing Access To Justice Just Got A Little Easier In Rhode Island 10-05-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


The Multi-Purpose Attorney: The Interpreting Attorney-Mediator, Catherine Gramajo Oct 2017

The Multi-Purpose Attorney: The Interpreting Attorney-Mediator, Catherine Gramajo

Pepperdine Dispute Resolution Law Journal

The attorney-mediator may be a beneficial hybrid, but what happens when another layer is added to the attorney's functions? Specifically, what happens when the attorney takes on the role of both mediator and interpreter? Part I will provide a brief overview of the increasing role of attorneys as mediators, as well as an overview of the guidelines for mediators and interpreters. Part II examines the importance of language and culture in mediation, particularly focusing on the vital function of the interpreter in the United States. Given the variety of languages spoken in the United States, interpreters are becoming an ...


Vol. 53, No. 07 (October 2, 2017) Oct 2017

Vol. 53, No. 07 (October 2, 2017)

Indiana Law Annotated

No abstract provided.