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Articles 1 - 30 of 82
Full-Text Articles in Law
Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber
Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber
DePaul Business & Commercial Law Journal
No abstract provided.
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
DePaul Business & Commercial Law Journal
No abstract provided.
Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu
Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu
DePaul Business & Commercial Law Journal
No abstract provided.
Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani
Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani
DePaul Business & Commercial Law Journal
No abstract provided.
The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin
The Real Persons Are The Corporations We Made Along The Way, Leonard Brahin
DePaul Business & Commercial Law Journal
No abstract provided.
Bridging The Paradigmatic Crevasse Between Lawyers And Scientists: The Need For New Institutional Models, Stanley P. Kowalski
Bridging The Paradigmatic Crevasse Between Lawyers And Scientists: The Need For New Institutional Models, Stanley P. Kowalski
The University of New Hampshire Law Review
The professions of science and law have traditionally been siloed paradigms, operating often in tandem with each other but rarely intersecting in the interdisciplinary pasture which separates them, a pasture from which an abundance of synergistic collaboration and ensuing creative concepts might sprout. However, the erstwhile never the twain shall meet situation is neither realistic nor even tenable in the current century, a century increasingly dominated by science, technology, invention, innovation, and intellectual property. Simply put, whereas lawyers are risk averse and build constructed realities to argue points and serve clients, scientists seek an objective assessment of truth and accept …
Criminal Legal Reform In New Hampshire: One Law Professor's Activism, Albert E. Scherr
Criminal Legal Reform In New Hampshire: One Law Professor's Activism, Albert E. Scherr
The University of New Hampshire Law Review
Criminal legal reform is a perpetual work in progress. The system itself is, at best, maddeningly imperfect. It too often fails to produce anything close to justice. Structural problems afflict the system in a way that incarcerates too many people, particularly people of color. For example, over the last thirty years, the Innocence Project has demonstrated imperfections in the system caused by faulty eyewitness identification procedures by ineffective assistance of counsel, by prosecutorial misconduct, by shoddy forensic practices and by police behavior that produced false confessions.
That the United States has well over fifty-one independent criminal legal systems frustrates efforts …
New And Useful Improvements: The Role Of Institutional Culture, Leadership, Incentives, And Regulation In 30 Years Of Legal Education Since The Maccrate Report, Greg Brandes
The University of New Hampshire Law Review
New and useful improvements – in the words of the patent statute – have emerged from legal education’s pursuit of seamlessly developing contributing members of the legal profession, as the 1992 MacCrate Report advocated. These include the widespread adoption of distance learning techniques for better teaching and assessment, course pedagogy that is more inclusive for students with diverse learning needs, and a new subset of the academy schooled and interested in the science of teaching and learning. But it has not been easy.
Efforts to improve legal education have sometimes foundered and other times flourished because of varying faculty and …
Reflections On Purpose And Professional Identity Formation, Harmony Decosimo
Reflections On Purpose And Professional Identity Formation, Harmony Decosimo
Mercer Law Review
I am very grateful to Professor Daisy Floyd for starting this important conversation about the role of purpose in professional identity formation, and for inviting me to participate in it. As I know my co-panelists agree, this is an important conversation not simply to us as lawyers, but as humans, trying to help each other figure out how to live good, meaningful lives.
I think what might be most useful in my response to Professor Floyd is to turn at least initially from the theoretical to the personal and practical by offering some insight into my own experience with purpose …
What About Us? How Law Schools Can Help Historically Underrepresented Law Students Develop Their Professional Identities, David A. Grenardo
What About Us? How Law Schools Can Help Historically Underrepresented Law Students Develop Their Professional Identities, David A. Grenardo
Mercer Law Review
Talking about race, gender, and sexual orientation can be painful, messy, and difficult. This country’s history of discrimination and violence against historically underrepresented, marginalized, excluded individuals—racial and ethnic minorities, women, LGBTQIA+, those living with disabilities, the socioeconomically disadvantaged/lower class—makes these topics fraught with controversy and risk. We can easily offend someone accidentally when we try to address these topics even with the best of intentions. For example, some people may get nervous trying to figure out whether to use the words African-American, Black, BIPOC, person of color, or all of the above when discussing these topics and referring to someone …
The Rule Of Law, The Lawyer’S Role As A Public Citizen, And Professional Identity: How Fostering The Development Of Professional Identity Can Help Law Schools Address The Crisis Facing American Democracy, Kendall Kerew
Mercer Law Review
American democracy is in crisis. The January 6, 2021, attack on the U.S. Capitol must serve as a renewed wake-up call for the legal profession. We can no longer keep our heads down, focused solely or even primarily on serving our clients, without being mindful that what we do every day as lawyers starts and ends with our duty to uphold the rule of law and our system of justice. We must acknowledge that lawyers are the ones who have put democracy at risk. Lawyers are the ones who, in their role as zealous advocates, attempted to overturn the 2020 …
Risk Taking And Reform In Legal Education, Mariah E. Thomas Thurston
Risk Taking And Reform In Legal Education, Mariah E. Thomas Thurston
The University of New Hampshire Law Review
No abstract provided.
Major Reform With Minor Risk: Implementation Of Change Initiatives As A Learning Challenge, Sara J. Berman, Chance Meyer
Major Reform With Minor Risk: Implementation Of Change Initiatives As A Learning Challenge, Sara J. Berman, Chance Meyer
The University of New Hampshire Law Review
The call for change in legal education has been loud and clear for more than a century. Despite some resistance among powerholders who benefit from status quo, faculty and administrators across the country work earnestly to solve problems, improve learning, and promote equity. Yet time and again, initiatives are logjammed, shot down as unworkable, misimplemented, or abandoned prematurely when they do not meet unrealistically high expectations for immediate, dramatic results. This article builds on the premises that (1) change is needed, (2) a wide range of sound change ideas for reform and progress are available, and (3) effective implementation of …
Boycotts, Race, Rankings, And Howard Law School's Peculiar Position, Michael Conklin
Boycotts, Race, Rankings, And Howard Law School's Peculiar Position, Michael Conklin
The University of New Hampshire Law Review
This Article seeks to explain the drastic, seventy-six spot ranking disparity that exists between Howard Law School’s overall ranking (based primarily on objective factors) and the purely subjective peer ranking. Potential explanations considered include location, law review quality, political ideological preference, use of promotional materials, notable alumni, professor quality, unwillingness to game the system, and random statistical noise. When all of these potential explanations come up short, Howard’s unique standing as the top HBCU law school is found to be the most likely explanation. This explanation is also consistent with the corresponding increase in racial salience and the increase in …
Language Models, Plagiarism, And Legal Writing, Michael L. Smith
Language Models, Plagiarism, And Legal Writing, Michael L. Smith
The University of New Hampshire Law Review
Language models like ChatGPT are the talk of the town in legal circles. Despite some high-profile stories of fake ChatGPT-generated citations, many practitioners argue that language models are the way of the future. These models, they argue, promise an efficient source of first drafts and stock language. Others make similar claims about legal writing education, with a number of professors urging the acknowledgment of language models. Others go further and argue that students ought to learn to use these models to improve their writing and prepare for practice. I argue that those urging the incorporation of language models into legal …
Reimagining Legal Education: Insights From Unh Franklin Pierce's First 50 Years, Christopher S. Reed
Reimagining Legal Education: Insights From Unh Franklin Pierce's First 50 Years, Christopher S. Reed
The University of New Hampshire Law Review
Noted patent lawyer and MIT professor Dr. Robert Rines founded the Franklin Pierce Law Center in 1973 with the aim of training working professionals to practice patent law. The founding faculty comprised working patent lawyers from various fields, it offered the only patent practice course available at the time, and the curriculum overall emphasized practical skills over theory.
Today, half a century later, Dr. Rines’s vision not only endures, but flourishes.
In addition to becoming one of the world’s most celebrated intellectual property institutions, University of New Hampshire (UNH) Franklin Pierce School of Law∗ is the home of two pioneering …
Putting The Lawyer First: Framing Well-Being In Law As An Ethical Dilemma, Aric Short
Putting The Lawyer First: Framing Well-Being In Law As An Ethical Dilemma, Aric Short
Mercer Law Review
A disturbingly high percentage of our students continue to be unwell. In the most recent and comprehensive survey of law student well-being in 2021, almost 70% of law students responded that, in the past twelve months, they believed they needed to seek help for emotional or mental health problems. Embedded screening tools in the survey suggested that 34% of respondents were clinically depressed and 54% suffered from clinical anxiety. 44% of respondents reported being drunk in the past thirty days, 33% had engaged in binge drinking in the preceding two weeks, and 38% had smoked marijuana in the past twelve …
Risk-Taking And Reform: Innovation For A Better Education, Megan M. Carpenter
Risk-Taking And Reform: Innovation For A Better Education, Megan M. Carpenter
The University of New Hampshire Law Review
No abstract provided.
Bad Therapy: Conceptualizing The Teaching Of “Thinking Like A Lawyer” As Cognitive Behavioral Therapy, Chelsea Baldwin
Bad Therapy: Conceptualizing The Teaching Of “Thinking Like A Lawyer” As Cognitive Behavioral Therapy, Chelsea Baldwin
St. Mary's Law Journal
Law students and lawyers experience mental illness and substance abuse at higher rates than the general population and other learned professions. This is bad for an individual’s wellbeing as well as their clients and society because mental illness and substance abuse increases stress which in turn decreases effective decision-making and judgment, and in worst case scenarios leads to attrition as individuals choose death by suicide which has cascading social and economic impacts. This Article identifies practices in legal education that likely combine in a causal mechanism, although not a sole cause, to the higher rates of mental illness and substance …
Generative Artificial Intelligence And The Practice Of Law: Impact, Opportunities, And Risks, John Villasenor
Generative Artificial Intelligence And The Practice Of Law: Impact, Opportunities, And Risks, John Villasenor
Minnesota Journal of Law, Science & Technology
No abstract provided.
Resurrection, Bassim Al Shaker
Resurrection, Bassim Al Shaker
Northwestern Law Journal des Refusés
No abstract provided.
Foreword, Caroline Faye Radell, Udhanth Mallasani
Foreword, Caroline Faye Radell, Udhanth Mallasani
Northwestern Law Journal des Refusés
No abstract provided.
Beyond “Hard” Skills: Teaching Outward- And Inward-Facing Character-Based Skills To 1ls In Light Of Aba Standard 303(B)(3)’S Professional Identity Requirement, Marni Goldstein Caputo, Kathleen Luz
Beyond “Hard” Skills: Teaching Outward- And Inward-Facing Character-Based Skills To 1ls In Light Of Aba Standard 303(B)(3)’S Professional Identity Requirement, Marni Goldstein Caputo, Kathleen Luz
Brooklyn Law Review
Newly adopted American Bar Association Standard 303(b)(3) requires law schools to provide “substantial opportunities to students for . . . the development of professional identity” throughout their three-year legal education. For 1Ls, the ideal place to start this process is in their lawyering skills classrooms, which is our domain at Boston University School of Law. Professional identity exploration necessarily requires students to look inward and outward to reflect upon their own role in the legal system and how they interact with others. In our classrooms, we divide what have been referred to as “soft” skills into two distinct categories—outward-facing and …
A Model Of Evidence-Based Practice For Law Schools To Improve System Outcomes, Chance Meyer
A Model Of Evidence-Based Practice For Law Schools To Improve System Outcomes, Chance Meyer
St. Mary's Law Journal
No abstract provided.
Preliminary Injunctions Prevail Through The Winter Of Buckhannon, Kaitlan Donahue
Preliminary Injunctions Prevail Through The Winter Of Buckhannon, Kaitlan Donahue
Northwestern University Law Review
The Civil Rights Attorney’s Fees Awards Act of 1976 allows courts to award attorneys’ fees to the “prevailing party” in any “action or proceeding” enforcing several civil rights-related statutes. Yet, this statute fails to define the term “prevailing party,” leaving the courts to define it over time. The Supreme Court’s piecemeal, vague definitions of “prevailing party” have only complicated the legal landscape and caused more uncertainty for potential plaintiffs and their prospective attorneys. Without the relief offered by recovery of attorneys’ fees, private litigants may be dissuaded from pursuing meritorious litigation due to overwhelming costs of representation, and attorneys may …
Going Beyond Fear In Addressing Attorney Mental Health, Eric C. Lang
Going Beyond Fear In Addressing Attorney Mental Health, Eric C. Lang
Mercer Law Review
We know that a career in law is challenging, but our profession has only recently focused on the mental health consequences of those challenges. We first started analyzing mental health issues after a number of attorney suicides caught the public eye. Realizing the problem was much broader than the tragic outcome of suicide, we have spent the last several years focused on the use of statistics to convince the profession of its own dangers. The solution, to date, has been an emphasis on Lawyer Assistance Programs and “wellness” initiatives accompanied by what could be described as scare tactics designed to …
A Collective Collage: Women, The Structure Of American Legal Education, And Histories Yet To Be Written, Judith Resnik
A Collective Collage: Women, The Structure Of American Legal Education, And Histories Yet To Be Written, Judith Resnik
UMKC Law Review
Judith Resnik shares an overview of the Women in Legal Education Section of the AALS during the 1980s and 1990s when she became involved in coordinating various activities of the Section, and then Chair. The Article also discusses the importance of documenting and archiving the activities and history of women in legal education.
A Heuristic Approach To Solving Complex Litigation Problems, Melanie L. Oxhorn
A Heuristic Approach To Solving Complex Litigation Problems, Melanie L. Oxhorn
University of Cincinnati Law Review
This Article’s purpose is to propose a heuristic for effectively resolving complex litigation problems that are not clearly or concisely defined, do not present any immediate solutions, frequently involve novel situations or applications of legal doctrine, and suggest a variety of possible approaches. The features of this heuristic are derived from and compatible with what we know about good scientific theories and cognitive studies on acquiring knowledge and expertise in any area. As proposed herein, students and less experienced practitioners should focus on developing “critical thinking” skills allowing them to use their training and experience to become adept at identifying …
Regulating The Public Defender Identity, Irene Oritseweyinmi Joe
Regulating The Public Defender Identity, Irene Oritseweyinmi Joe
Fordham Law Review
The public defender institution has trouble meeting its mission. This is partly because, despite the specific and clear purpose of representing indigent defendants in criminal proceedings, public defender offices rely on various centering principles to meet this objective. The institution falters if it chooses a centering principle that unwittingly complicates its ability to meet the institution’s central mission. For public defender leaders tasked with developing and maintaining an institutional identity for a particular office, neither legal nor professional regulations supply the type of considerations that guarantee that an adopted identity will comply with core institutional responsibilities. This project seeks to …