Law Commons^™

Legal Ethics In China: Reflections On The Formation Of Professional Identity, Judith Mcmorrow

Judith A. McMorrow

The Chinese legal profession has grown rapidly in the last 30 years. This talk discussed the challenge of creating norms of attorney conduct (legal ethics) in a fragile and young legal system. The second part of the talk used ongoing research on the formation of professional identity.

Conference Chair: What Legal Employers Want...And Really Need, E. Joan Blum

E. Joan Blum

Planned and organized conference of over 50 law faculty and legal employers from Massachusetts and beyond to address the question of what makes a lawyer "practice-ready" and how the legal academy and legal employers should allocate this responsibility.

Conference Co-Organizer And Moderator, What Legal Employers Want... And Really Need, Elisabeth Keller

Elisabeth Keller

Planned, organized, and moderated panel at conference of over 50 law faculty and legal employers to address the question of what makes a lawyer "practice-ready" and how the legal academy and legal employers should allocate this responsibility.

Nuts And Bolts Of Teaching--Using A Range Of Teaching Methodologies In The Classroom, Jane Gionfriddo

Jane Kent Gionfriddo

No abstract provided.

Panelist: Workshop For New Legal Writing Faculty: Role Of Legal Writing Faculty In Technology-Driven Legal Research Instruction, E. Joan Blum

E. Joan Blum

No abstract provided.

Lessons From China, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

Drafting Mediated Agreements In Summary Process, Alan Minuskin

Alan D. Minuskin

Mediating landlord-tenant disputes is challenging work, but because of the inherent complexity of the law, particularly procedural requirements, the drafting of a mediated agreement demands both legal and verbal agility. The consequence of mistakes is the unraveling of a carefully constructed accord. Technique that takes into consideration both legal requirements and human behavior is necessary to prevent further disputes.

Plea Bargainng, Discovery, And Waivers, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.

Basic Housing Law In Massachusetts, Alan Minuskin

Alan D. Minuskin

No abstract provided.

Leadership And Change In The Public Interest, Evangeline Sarda

Evangeline Sarda

No abstract provided.

Limites A La Vigencia Del Principio Contradictorio En Los Juicios De Familia / Limits To The Adversarial Ideal In The Family Courts, Claudio Fuentes Maureira

Claudio Fuentes Maureira

The relevance of the adversarial ideal in the design of judicial proceedings is due to two major ideas: the right to a proper defence for the parties and the important role that the parties perform during the questioning and the control of the other party’s case. Once the relevance of the adversarial ideal is acknowledged, one could ask if this ideal is properly welcomed under the family procedure stated in the law. I propose that in order to answer this question properly, it is pertinent to use some sort of instrument to measure the amount of the adversarialness that the …

Informe De Funcionamiento De Los Tribunales De Familia De Santiago / Report On The Family Courts Of Santiago City, Claudio Fuentes Maureira, Felipe Marín Verdugo, Erick Rios Leiva

Claudio Fuentes Maureira

In October 2005, the Chilean government launched the new family courts. The new tribunals were the second major judicial reform that Chile’s executive power supported and it was a huge failure. The system collapsed after a couple of months, and in the beginning of the 2006, the executive branch called for a group of academics and experts to elaborate some kind of response.

After years of problems the authorities arrived at identifying the main problems, and because of that in September 2008 a new bill was enacted, containing modifications to the family law system. Also, the Supreme Court of Chile …

Legal Ethics In China, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

The Law Of Surrogacy, Alan Minuskin

Alan D. Minuskin

Professionals who work with elders, as well as elders themselves, need to know fundamentally what devices are available under local law to help protect and advance the rights of a potentially unavailable or incapacitated person. The law on these matters is clear, but the ethical implications are messy.

Challenges In Mediating Landlord-Tenant Disputes, Alan Minuskin

Alan D. Minuskin

Mediating landlord-tenant disputes presents many of the same mixture of interpersonal, legal, factual, strategic, and ethical dimension as other community-leve disputes, like family and employment mediation. The law is complex, the relationships between the parties are ongoing and may survive the dispute. A special skill set is needed to perform this work effectively.

The Why Of It: Langdell's Generation Speaks To Today's Law Sudents, David S. Dehorse

David S. DeHorse

I belive this portrayal of the Case System of Legal Study will be invaluable to every student entering law school, and most of those who have completed their 1L year. Frankly, most practicing lawyers would probably benefit by a reading. I've been told it's a "good read." Hope you'll agree.

Business-Like: The Supreme Court’S 2009-2010 Labor And Employment Decisions, Melissa R. Hart

Melissa R Hart

No abstract provided.

Levinas, Law Schools And The Poor: They Stand Over Us, Marie A. Failinger

Marie A. Failinger

The philosopher Emmanuel Levinas has written about the ethics of the Face and our responsibility to the Other who is standing over us, demanding that we respond to his need and his welcome. This essay, which is written in Levinasan style, challenges the complacency of most American law schools in response to the plight of the poor. It proposes ways in which the law school curriculum, space and programs can be re-configured to bring the poor into community with legal educators and students.

Just The Facts: Solving The Corporate Privilege Waiver Dilemma, Don R. Berthiaume

Don R Berthiaume

How can corporations provide “just the facts” — which are, in fact, not privileged — without waiving the attorney client privilege and work product protection? This article argues for an addition to the Federal Rules of Criminal Procedure based upon Rule 30(b)(6) of the Federal Rules of Civil Procedure, which allows civil litigants to issue a subpoena to an organization and cause them to “designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on its behalf … about information known or reasonably available to the organization.”[6] Why should we look to Fed. …

Clear As Mud: How The Uncertain Precedential Status Of Unpublished Opinions Muddles Qualified Immunity Determinations, David R. Cleveland

David R. Cleveland

While unpublished opinions are now freely citeable under Federal Rule of Appellate Procedure 32.1, their precedential value remains uncertain. This ambiguity muddles the already unclear law surrounding qualified immunity and denies courts valuable precedents for making fair and consistent judgments on these critical civil rights issues. When faced with a claim that they have violated a person’s civil rights, government officials typically claim qualified immunity. The test is whether they have violated “clearly established law.” Unfortunately, the federal circuits differ on whether unpublished opinions may be used in determining clearly established law. This article, Clear as Mud: How the Uncertain …

Panelist, Developments In Criminal Procedure, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.

Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless

Rebecca Sharpless

The ill-defined law-fact distinction often stands as the gatekeeper to judicial review of an agency deportation order, restricting non-citizens facing deportation to raising only questions of law when appearing before an appellate court. The restriction on review most affects cases whose dispositions typically turn on the resolution of factual issues, including claims under Article 3 of the Convention Against Torture and claims for discretionary relief from deportation like cancellation of removal. Convention Against Torture claims, for example, often involve extensive fact-finding on the part of the immigration judge regarding conditions in the applicant’s home country and the applicant’s personal circumstances. …

Lawyers And Fundamental Moral Responsibility, R. Michael Cassidy, Daniel Coquillette, Judith Mcmorrow

R. Michael Cassidy

The materials in this book are organized around specific problems designed to encourage and focus class discussion. There are two other inherent organizing principles of the materials in this book. First, the philosophical materials are in the rough order in which the ideas themselves evolved in the history of philosophy. The materials have been revised since the book first was published in 1995 to address some of the burning ethical problems of our day, including terrorism, national security, and abuse of government power. The Second Edition also is reorganized to assist students to better appreciate philosophical theories underpinning discourse about …

Professional Responsibility, James Moliterno

James E. Moliterno

No abstract provided.

Understanding Legal Malpractice Insurance And Client Protection, Susan Fortney

Susan S. Fortney

No abstract provided.

Introduction To Law, Law Study, And The Lawyer's Role, James Moliterno, Fredric Lederer

James E. Moliterno

No abstract provided.

Massachusetts Legal Research, E. Joan Blum

E. Joan Blum

Massachusetts Legal Research is a concise guide to researching Massachusetts law and to the general process of legal research. Its intended audience includes law students as well as practitioners and paralegals. Extensive treatment of the research process—with Massachusetts and federal examples—makes this book suitable as a stand-alone text for an introductory legal research course. Chapters discussing how to locate and use specific Massachusetts sources make this book a useful quick reference guide for the Massachusetts lawyer or paralegal.

Comprehensive Law: Transformative Responses By The Legal Profession, Susan Daicoff

Susan Daicoff

No abstract provided.

It's All About The People: Creating A "Community Of Memory" In Civil Procedure Ii, Part One, Jennifer E. Spreng

Jennifer E Spreng

In Fall 2008, a nascent classroom community emerged among my Civil Procedure students, teaching assistants and I. That term’s adventure eventually became the vital “past” for the fully formed community that would knit students of future classes together as one.

The genesis of this early classroom community was my ideal of “the good lawyer” as the small-firm or small-jurisdiction practitioner I had known as a seven-year solo practitioner in a town of 50,000 people. That ideal was a combination of “the rhythms of the law” that run throughout the specialties; a more respectful and less stratified model of professionalism, and …

'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107., Sara L. Kimble

Sara L Kimble

No abstract provided.