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Full-Text Articles in Law

Emotional Intelligence And Legal Education, Marjorie A. Silver Jan 1999

Emotional Intelligence And Legal Education, Marjorie A. Silver

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The traditional knowledge-based law school curriculum is slowly giving way to one that increasingly exposes students to various lawyering skills. Nonetheless, legal educators are generally averse — or at best ill equipped — to support that training with the empathic and psychological skills good lawyering demands. The author discusses how emotional intelligence is essential to good lawyering and argues that it can and should be cultivated in law school. The article draws upon three examples of popular culture to explore both the absence and possibilities of interpersonal intelligence in the practice of law. The author also describes her own law …


The Relevance Of Religion To A Lawyer's Work: Legal Ethics, Leslie C. Griffin Jan 1998

The Relevance Of Religion To A Lawyer's Work: Legal Ethics, Leslie C. Griffin

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No abstract provided.


Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine Jan 1998

Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine

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In recent years, legal practitioners and scholars alike have identified a growing crisis in the legal profession. Increasingly, lawyers feel dissatisfied with the roles they are expected to play and the conduct demanded of them. In particular, many lawyers see a widening gap between their personal values and those employed in legal practice. In response to the dichotomy between personal and professional values, some lawyers attempt to develop a corresponding dichotomy in their personalities, separating the “professional self” from the “personal self.” Such a response, however, may lead to a kind of “ethical schizophrenia,” a condition in which an individual …


Teaching In The Shadow Of The Bar, Joan W. Howarth Jan 1997

Teaching In The Shadow Of The Bar, Joan W. Howarth

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This Essay is a memorial tribute to Professor Trina Grillo. Trina took seriously what many of us know but find too hard to remember: the student who is academically disqualified or who fails the bar examination might be the most brilliant in the class or the most needed within the profession. When we conceive of the bar exam as a particularly grueling and potentially unfair rite of passage between law school and the practice of law, we collude in hiding the pervasive and often negative power of the bar exam. The bar examination permeates and controls fundamental aspects of legal …


The Broad Life Of The Jewish Lawyer: Integrating Spirituality, Scholarship And Profession, Samuel J. Levine Jan 1996

The Broad Life Of The Jewish Lawyer: Integrating Spirituality, Scholarship And Profession, Samuel J. Levine

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The religious individual faces the constant challenge of reconciling religious ideals with the mundane realities of everyday life. Indeed, it is through the performance of ordinary daily activities that a person can truly observe such religious duties as serving God and loving one's neighbor. For the Orthodox Jew, an intricate set of religious laws and principles governs every area of life. In choosing a career, an Orthodox Jew must therefore be concerned that professional obligations not interfere with the fulfillment of religious ones. While religious duties impose obligations on the religious individual, at the same time they provide opportunities to …


Ethical Considerations In Medicaid Estate Planning: An Analysis Of The Aba Model Rules Of Professional Conduct, Eleanor Crosby Lanier, Ira M. Leff Jan 1994

Ethical Considerations In Medicaid Estate Planning: An Analysis Of The Aba Model Rules Of Professional Conduct, Eleanor Crosby Lanier, Ira M. Leff

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The purpose of this article is to provide a starting point for discussion of ethical issues related to the practice of Medicaid estate planning. The authors explore the history of attorney involvement in planning and financing long-term care. They also analyze how the ABA Model Rules of Professional Conduct address the ethical dilemmas that arise in practice, using a case study to illustrate some of these issues. The individual authors' perspectives on this practice differ with respect to certain issues. One is a former Legal Services lawyer, and the other has a private practice which focuses on Medicaid estate planning.


Critical Thoughts About Race, Exclusion, Oppression And Tenure, Deborah W. Post Jan 1994

Critical Thoughts About Race, Exclusion, Oppression And Tenure, Deborah W. Post

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No abstract provided.


Competency And Professionalism In Modern Litigation: The Role Of Law Schools, Ronald L. Carlson Apr 1989

Competency And Professionalism In Modern Litigation: The Role Of Law Schools, Ronald L. Carlson

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This Article opens with an historical analysis of the forces that stimulated the growth of trial practice training. It then shifts the focus to the current concern of the bar with raising the level of professionalism among lawyers. Part III discusses the role of law schools in helping their students meet both competency and professionalism challenges. To this end, Part III addresses (1) the need of any trial practice course to incorporate litigation ethics in a meaningful way, perhaps within the context of creative and challenging problems materials; and (2) the need for instructors in the field to add quality …


Legal Advocacy, Performance, And Affection, D. Robert Lohn, Milner S. Ball Jul 1982

Legal Advocacy, Performance, And Affection, D. Robert Lohn, Milner S. Ball

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Professor Geoffrey Hazard's lecture addresses appellate advocacy. That advocate's brief is best, he says, that, short of surrender, concedes most to the opposing party. We assume that Professor Hazard would scarcely have ventured out of New Haven to participate in the distinguished Sibley Lectureship merely to commend to the consideration of the audience an interesting but minor rhetorical ploy. Therefore we read his comments as surely implying more. We interpret his lecture as an invitation to rethink the nature of the courtroom event. The textual openings to our examination of fundamentals are found in various of Professor Hazard's comments--for instance, …