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Full-Text Articles in Law
Adr, The Judiciary, & Justice: Coming To Terms With The Alternatives, Erin Ryan
Adr, The Judiciary, & Justice: Coming To Terms With The Alternatives, Erin Ryan
Erin Ryan
[This student note is the closing chapter of the Harvard Law Review “Developments in the Law” issue for the year 2000, devoted to developments in civil litigation.] Any discussion of recent developments in civil litigation must address the virtual revolution that has taken place regarding alternative dispute resolution (ADR). Attorneys have witnessed a steady growth in their clients' recourse to ADR in place of lawsuits, and ADR is increasingly incorporated into the litigation process by the judiciary itself—in the form of court-annexed arbitration, mediation, summary jury trials, early neutral evaluation, and judicial settlement conferences. “Alternative” models of dispute resolution have …
The Right Way To Teach Transactional Lawyers: Commercial Leasing And The Forgotten 'Dirt Lawyer', Daniel Bogart
The Right Way To Teach Transactional Lawyers: Commercial Leasing And The Forgotten 'Dirt Lawyer', Daniel Bogart
Daniel B. Bogart
This article decries the failure of many law schools to adequately train future lawyers for transactional practice. The article argues that a successful law course devoted to transactional practice should teach and integrate substantive law and skills. To this end, the article describes an advanced transactional elective course developed by the author and devoted to commercial leasing. Leasing is the ideal vehicle for teaching basic lessons in transactions, because the lease transaction typically revolves around a single negotiated document - the lease. This reduces the amount of substantive law that students must master, and limits the parties to the transaction …