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Full-Text Articles in Law
Argument, Analogy, And Audience: Using Persuasive Comparisons While Avoiding Unintended Effects, Bruce Ching
Argument, Analogy, And Audience: Using Persuasive Comparisons While Avoiding Unintended Effects, Bruce Ching
Journal Articles
No abstract provided.
What's Love Got To Do With It?: Contemporary Lessons On Lawyerly Advocacy From The Preacher Martin Luther King, Jr., Deborah J. Cantrell
What's Love Got To Do With It?: Contemporary Lessons On Lawyerly Advocacy From The Preacher Martin Luther King, Jr., Deborah J. Cantrell
Publications
Lawyers have long been inspired by the advocacy work of Martin Luther King, Jr. From his work on the Montgomery bus boycott, to lunch counter sit-ins, to his March on Washington, Dr. King demonstrated skilled advocacy that resulted in important legal advancements. While lawyers give primacy to Dr. King as an advocate, Dr. King gave primacy to his work as a preacher. This article challenges the legal profession to consider the ways in which Dr. King, the preacher, may be as inspirational and instructive as Dr. King, the civil rights icon. Just as Dr. King's religious values were not abstracted …
Mapping The World: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Mapping The World: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
All Faculty Scholarship
This Article explores what is and what is not in adjudication and mediation, thus illuminating the profound differences between these two processes. The Article does this work in four parts. First, it offers an analysis of cognitive mapmaking and its inevitability in constructing meaning. It then explores how adjudication defines meaning in a particular way. This Article then conducts a comparable analysis of mediation. Finally, it focuses on the bridging function attorneys play between the worlds of mediation and adjudication.
Can Compassionate Practice Also Be Good Legal Practice?: Answers From The Lives Of Buddhist Lawyers, Deborah J. Cantrell
Can Compassionate Practice Also Be Good Legal Practice?: Answers From The Lives Of Buddhist Lawyers, Deborah J. Cantrell
Publications
What does it mean to say that one is a "good lawyer" in the United States? The dominant view is that a lawyer is a zealous advocate owing loyalty to, and taking direction from, the client. The lawyer is singularly focused and hyper-rationality is prized. This article challenges that narrative. Using the real lives of a group of lawyers across the United States, this article offers rich and nuanced descriptive data about the possibilities of "good lawyering" through compassion, equanimity, and an expanded notion of honesty. This article contributes importantly to the debate about what it means to be a …