Law Commons^™

Professionalism And The New Normal, Philip J. Weiser

Publications

No abstract provided.

National Security Pedagogy: The Role Of Simulations, Laura K. Donohue

Georgetown Law Faculty Publications and Other Works

This article challenges the dominant pedagogical assumptions in the legal academy. It begins by briefly considering the state of the field of national security, noting the rapid expansion in employment and the breadth of related positions that have been created post-9/11. It considers, in the process, how the legal academy has, as an institutional matter, responded to the demand.

Part III examines traditional legal pedagogy, grounding the discussion in studies initiated by the American Bar Association, the Carnegie Foundation, and others. It suggests that using the law-writ-large as a starting point for those interested in national security law is a …

A Study Of The Relationship Between Bar Admissions Data And Subsequent Lawyer Discipline, Leslie C. Levin, Christine Zozula, Peter Siegelman

Leslie C. Levin

The research reported here uses information from the admissions files of lawyers admitted to the Connecticut bar from 1989 to 1992 to compare those who were disciplined with those who were not disciplined. It analyzes information reported during the bar admissions process that may predict later lawyer misconduct including, inter alia, prior criminal history, problem credit history, prior employment history, academic misconduct, substance abuse, and psychological history. The study reveals that many of the responses on the admissions application are statistically associated with an elevated risk of future discipline. Nevertheless, these variables nevertheless make very poor predictors of subsequent misconduct. …

It’S All About The People: Hierarchy, Networks, And Teaching Assistants In A Civil Procedure Classroom Community, Jennifer E. Spreng

Jennifer E Spreng

This article provides a blueprint for a “civic community in a law school classroom” that would better prepare many students for what is likely to be their professional future based on natural social hierarchy and network dynamics. It uses experiences from the author's own teaching career to illustrate hierarchy and network dynamics and how to use them to enrich the pedagogical and social experience of a first year course. It also roots those experiences in principles from social psychology, organizational behavior, transformative leadership and all levels of education literature.

Modern law school classrooms fall into two categories: the "polar model" …

Introduction, Justice, Lawyering And Legal Education In The Digital Age (Symposium Editor With M. Lauritsen), Ronald W. Staudt

Ronald W Staudt

No abstract provided.

Overcoming Writer's Block And Procrastination For Attorneys, Law Students, And Law Professors, Meehan Rasch

Meehan Rasch

Law is a particularly writing-heavy profession. However, lawyers, law students, and law professors often struggle with initiating, sustaining, and completing legal writing projects. Even the most competent legal professionals experience periods in which the written word just does not flow freely. This article provides a guide for legal writers who are seeking to understand and resolve writing blocks, procrastination, and other common writing productivity problems.

When Socrates Meets Confucius: Teaching Creative And Critical Thinking Across Cultures Through Multilevel Socratic Method, Erin Ryan

Erin Ryan

The Court And The Visual: Images And Artifacts In U.S. Supreme Court Opinions, 88 Chicago-Kent Law Review 331 (2013) (Symposium)., Nancy S. Marder

Nancy S. Marder

No abstract provided.

Popular Legal Journalism In The Writings Of Maria Vérone, Sara L. Kimble

Sara L Kimble

No abstract provided.

No Money, Mo' Problems: Why Unpaid Law Firm Internships Are Illegal And Unethical, Eric M. Fink

Eric M Fink

The practice of law firms offering unpaid internships in lieu of paid employment should concern law students and law school graduates who face an increasingly tight market for entry-level legal jobs. This article argues that such unpaid internships are impermissible under the Fair Labor Standards Act (“FLSA”). It further argues that lawyers who illegally hire unpaid interns should be subject to discipline under the ethics rules of the legal profession.

While law students collectively have an interest in ending this exploitative practice, they have a disincentive against taking action themselves, lest they hurt their prospects in the already unfavorable postgraduate …

The Cost Of Law: Promoting Access To Justice Through The (Un)Corporate Practice Of Law, Gillian K. Hadfield

Gillian K Hadfield

The U.S. faces a mounting crisis in access to justice. Vast numbers of ordinary Americans represent themselves in routine legal matters daily in our over-burdened courts. Obtaining ex ante legal advice is effectively impossible for almost everyone except larger corporate entities, organizations and governments. In this paper, I explain why, as a matter of economic policy, it is essential that the legal profession abandon the prohibition on the corporate practice of law in order to remedy the access problem. The prohibitions on the corporate practice of law rule out the use of essential organizational and contracting tools widely used in …

Silence Is Golden: Using A "Silent Scrolling Powerpoint" Series To Enhance Your Course Dynamic, Julia M. Glencer Professor

Julia M. Glencer

This article explores the use of an alternative teaching tool in a law school classroom as a method of inspiring law students and prompting excited engagement in both the underlying course and the legal profession. The author, a seven-year Legal Research & Writing Professor, first explains how she has used the automatic advance feature in Microsoft PowerPoint to create a semester series of weekly “Silent Scrolling PowerPoints,” 5 to 7 minutes in length, on a variety of topics of interest and inspiration to her first-year law students. She then summarizes the six benefits observed while experimenting with this tool over …

Trends In Global Lawyer Regulation, Laurel S. Terry

Laurel S. Terry

Why Your Jurisdiction Should Consider Jumping On The Regulatory Objectives Bandwagon, Laurel S. Terry

Laurel S. Terry

The “regulatory objectives movement” is a relatively new movement that can be traced to events culminating in the adoption of the 2007 UK Legal Services Act. Section 1 of that Act, which was hotly debated, set forth the regulatory objectives that the Act—and its implementation—should achieve. The UK Act was followed by initiatives in a number of other national jurisdictions that sought to identify regulatory objectives for the legal profession. In short, it is increasingly common to find jurisdictions adopting an explicit and succinct statement of the objectives they are trying to achieve when they regulate lawyers. This article recommends …

The Revised Handbook About The Gats General Agreement On Trade In Services For International Bar Association Member Bars, Laurel S. Terry

Laurel S. Terry

Reflections On U.S. Policies Regarding 'Effective Regulation And Discipline' And Foreign Lawyer Mobility: Has The Time Come To Talk About The Elephant In The Room?, Laurel S. Terry

Laurel S. Terry

The ABA has adopted four model policies that address, in one way or another, the issue of foreign lawyer mobility. These policies are the ABA Model Foreign Legal Consultant Rule, which is commonly known as the FLC rule, the ABA Model Rule for Temporary Practice by Foreign Lawyers, which is commonly known as the FIFO rule, ABA Model Rule of Professional Conduct 5.5, which permits foreign lawyers to serve as in-house counsel, and the ABA Model Rule on Pro Hac Vice Admission. All four of the ABA’s foreign lawyer mobility recommendations include a requirement that the mobile foreign lawyer is …

The "Reason Giving" Lawyer: An Ethical, Practical, And Pedagogical Perspective, Donald J. Kochan

Donald J. Kochan

Whether as a matter of duty or utility, lawyers give reasons for their actions all the time. In the various venues in which legal skills must be employed, reason giving is required in some, expected in others, desired in many, and useful in most. This Essay underscores the pervasiveness of reason giving in the practice of law and the consequent necessity of lawyers developing a skill at giving reasons. This Essay examines reason giving as an innate human characteristic related directly to our need for answers and our constant yearning to understand the answer to the question “why.” It briefly …

Creating An International Network Of Lawyer Regulators: The 2012 International Conference Of Legal Regulators, Laurel S. Terry

Laurel S. Terry

This short article provides an overview of the first-ever "International Conference of Legal Regulators," which was held in London in September 2012. It includes background information about the history of the London conference, identifies some of the London programs and attendees, and provides links to the website on which the London Conference materials are posted. The article also includes a brief discussion of the benefits that an international network might provide and explains that international networks are common in other regulated fields. Finally, this article provides information about the upcoming second International Conference of Legal Regulators, which will be held …

Transnational Legal Practice (International)[2010-2012], Laurel S. Terry

Laurel S. Terry

This article covers three years of Transnational Legal Practice developments outside of the US. (It is the companion piece to 47 Int'l Law. 499 (2013) which discusses US developments.) This article discusses the approval of an Alternative Business Structure licensing system by the UK Solicitors Regulation Authority and its subsequent issuance of ABS licenses. The second section reviews the emergence of the “Troika” as a new regulatory influence in Europe, citing as an example the joint ABA-CCBE letter to the IMF. (The Troika refers to the International Monetary Fund, the European Central Bank, and the European Commission.) The third section …

Transnational Legal Practice (United States) [2010-2012], Laurel S. Terry

Laurel S. Terry

This article covers three years of Transnational Legal Practice developments in the U.S. (It is the companion article to 47 Int’l Lawyer 485 (2013) which discusses transnational legal practice developments outside of the U.S.) This article begins by briefly reviewing the uncertainty about the future of U.S. legal education and legal services. The next section discusses the proposals and changes that emanated from the ABA Commission on Ethics 20/20, which was tasked with evaluating what changes were needed in light of globalization and technology developments. The third section of this article discusses the Uniform Bar Exam and its implications for …

Trends In Global And Canadian Lawyer Regulation, Laurel S. Terry

Laurel S. Terry

Winning Through Integrity And Professionalism, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.