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Full-Text Articles in Law
Function, Form, And Strawberries: Subverting Langdell, Jeremiah A. Ho
Function, Form, And Strawberries: Subverting Langdell, Jeremiah A. Ho
Faculty Publications
Beyond this Part I Introduction, Part II will briefly summarize why the Langdell tradition is at heart a learning model that intrinsically marginalizes active learning and exalts only a limited experience of skills teaching and acquisition and will conclude that the Langdellian tradition creates a hierarchy that juxtaposes knowledge of legal doctrine over skills. Part III will demonstrate a method for law teachers to incorporate skills teaching actively in the classroom, and do so in a way that legitimizes legal reasoning skills and elevates the teaching and learning of skills. Hopefully, as the Conclusion points out, the new normative in …
Do Ask And Do Tell: Rethinking The Lawyer’S Duty To Warn In Domestic Violence Cases, Margaret B. Drew, Sarah Buel
Do Ask And Do Tell: Rethinking The Lawyer’S Duty To Warn In Domestic Violence Cases, Margaret B. Drew, Sarah Buel
Faculty Publications
Empirical data document that while domestic violence victims face high risk of recurring abuse, batterers’ lawyers may be privy to information that could avert further harm. Attorneys owe a duty of confidentiality to their clients that can be breached only in extraordinary circumstances, such as when counsel learns her client plans to commit a crime. To resolve the tension between client confidentiality and victim safety, this Article argues that, in the context of domestic violence cases, lawyers have an affirmative duty to (1) screen battering clients who have indicated a likelihood of harming others, (2) attempt to dissuade them from …
Section 365 In The Consumer Context: Something Old, Something New, Something Borrowed, Something Blue, Michael G. Hillinger, Ingrid Michelsen Hillinger
Section 365 In The Consumer Context: Something Old, Something New, Something Borrowed, Something Blue, Michael G. Hillinger, Ingrid Michelsen Hillinger
Faculty Publications
The § 365 consumer debtor case law has a further complication. Much of it arises in the context of the last great bankruptcy frontier, Chapter 13. Until recently, Chapter 11 has occupied the minds and hearts of courts and attorneys. Not any more. And, as attorneys and courts take a closer, harder look at Chapter 13, it is no longer possible to describe it as a “streamlined creditors-can’t-vote Chapter 11”. Chapter 13 is unique, presenting its very own quandaries, not the least of which is how its provisions and § 365 interact. We live in interesting times.