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Articles 31 - 60 of 250

Full-Text Articles in Law

Assignments With Intrinsic Lessons On Professionalism (Or, Teaching Students To Act Like Adults Without Sounding Like A Parent), Beth Hirschfelder Wilensky Feb 2016

Assignments With Intrinsic Lessons On Professionalism (Or, Teaching Students To Act Like Adults Without Sounding Like A Parent), Beth Hirschfelder Wilensky

Journal of Legal Education

No abstract provided.


Is Pro Bono Practice In Legal “Backwaters” Beyond The Scope Of The Model Rules?, Barbara Graves-Poller Jan 2016

Is Pro Bono Practice In Legal “Backwaters” Beyond The Scope Of The Model Rules?, Barbara Graves-Poller

The University of New Hampshire Law Review

[Excerpt] "While many private sector attorneys offer pro bono legal services that reflect the same level of diligence and skill characteristic of the work done on behalf of their paying clients, the egregious failures described in the MC v. GC case and those that occur in many unreported matters highlight the dangers of pro bono initiatives designed to bridge the “access to justice gap.” As used here, the term “justice gap” refers to the chasm between the need for legal representation in civil disputes and public interest attorneys available to serve poor and working class clients. Justice gap pro bono …


Reversal By Recusal? Comer V. Murphy Oil U.S.A., Inc. And The Needfor Mandatory Judicial Recusal Statements, Patrick A. Woods Jan 2016

Reversal By Recusal? Comer V. Murphy Oil U.S.A., Inc. And The Needfor Mandatory Judicial Recusal Statements, Patrick A. Woods

The University of New Hampshire Law Review

[Excerpt] "In many cases, if not most, voluntary judicial recusal is both an efficient use of judicial resources and an exceptional safeguard to the legitimacy of the federal judiciary. However, voluntary judicial recusal poses its own unique problems when the withdrawing judge declines to issue a statement explaining the statutory grounds for his or her recusal. Unlike when a party seeks to disqualify a judge by motion—where the reasons for recusal will, at a minimum, be set out in the motion papers—when a judge voluntarily recuses, there is not necessarily any record created as to the reasons for the recusal. …


The Rebellious Law Professor: Combining Cause And Reflective Lawyering, Harold Mcdougall Nov 2015

The Rebellious Law Professor: Combining Cause And Reflective Lawyering, Harold Mcdougall

Journal of Legal Education

No abstract provided.


Judicial Interpretation Of State Ethics Rules Under The Mcdade Amendment: Do Federal Or State Courts Get The Last Word?, Hopi Costello Oct 2015

Judicial Interpretation Of State Ethics Rules Under The Mcdade Amendment: Do Federal Or State Courts Get The Last Word?, Hopi Costello

Fordham Law Review

The McDade Amendment ("the Act") is a federal law that requires federal prosecutors to abide by the state ethics rules of the jurisdiction in which they practice. The Act does not say, however, whether federal or state courts are definitive when it comes to interpreting state ethics rules as they apply to federal prosecutors. Those testifying before Congress raised this issue and noted that the Act left the issue unresolved. Despite this, Congress did not address this matter in either its legislative history or in the Act itself. No court has tackled this question and scholarship attends to it only …


Law Student Plagiarism: Contemporary Challenges And Responses, Robin F. Hansen, Alexandra Anderson Feb 2015

Law Student Plagiarism: Contemporary Challenges And Responses, Robin F. Hansen, Alexandra Anderson

Journal of Legal Education

No abstract provided.


The Fellowships At Auschwitz For The Study Of Professional Ethics And The Moral Formation Of Lawyers, Eric L. Muller Feb 2015

The Fellowships At Auschwitz For The Study Of Professional Ethics And The Moral Formation Of Lawyers, Eric L. Muller

Journal of Legal Education

No abstract provided.


The Experiential Sabbatical, Martin H. Pritikin Aug 2014

The Experiential Sabbatical, Martin H. Pritikin

Journal of Legal Education

No abstract provided.


The Many Connections Between Well-Being And Professionalism In The Practice Of Law: Implications For Teaching, Todd David Peterson Apr 2014

The Many Connections Between Well-Being And Professionalism In The Practice Of Law: Implications For Teaching, Todd David Peterson

University of Arkansas at Little Rock Law Review

No abstract provided.


Cultivating Professional Identity & Creating Community: A Tale Of Two Innovations, Jan L. Jacobowitz Apr 2014

Cultivating Professional Identity & Creating Community: A Tale Of Two Innovations, Jan L. Jacobowitz

University of Arkansas at Little Rock Law Review

No abstract provided.


The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers Apr 2014

The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers

University of Arkansas at Little Rock Law Review

No abstract provided.


Legal Education In Pakistan: The Domination Of Practitioners And The "Critically Endagered" Academic, Osama Siddique Feb 2014

Legal Education In Pakistan: The Domination Of Practitioners And The "Critically Endagered" Academic, Osama Siddique

Journal of Legal Education

No abstract provided.


Law School As Liberal Education, Sherman J. Clark Nov 2013

Law School As Liberal Education, Sherman J. Clark

Journal of Legal Education

No abstract provided.


Teaching Negotiation Ethics, Art Hinshaw Aug 2013

Teaching Negotiation Ethics, Art Hinshaw

Journal of Legal Education

No abstract provided.


New Private Privacy Intrusions During Prelitigation Civil Claim Investigations, Jeffrey A. Parness Jun 2013

New Private Privacy Intrusions During Prelitigation Civil Claim Investigations, Jeffrey A. Parness

Northern Illinois University Law Review

In Lawlor v. North American Corporation of Illinois, 2012, IL 112530, the Illinois Supreme Court first recognized the intentional tort of intrusion upon seclusion. It then applied the tort in favor of a former employee against a former employer whose agents deceitfully investigated the employee in contemplation of future civil litigation. In Lawlor, the employer’s lawyer was also involved in the investigation. Under certain circumstances, under the Lawlor rationale, that lawyer could also be liable in tort to the former employee. Lawyer liability after Lawlor could be founded on either the intentional or unintentional acts of either the lawyer or …


Liberty, Justice, And Legal Automata, Marc Lauritsen Jun 2013

Liberty, Justice, And Legal Automata, Marc Lauritsen

Chicago-Kent Law Review

Legal work is increasingly doable by artificial systems built out of software. Providers in both commercial and non-profit contexts are making such systems available for direct use by consumers. Some lawyers and policy makers understandably worry that these developments pose dangers for users and may inappropriately intrude on the prerogatives of the legal profession. This article reviews the extent to which software-based legal assistance systems can or should be suppressed as the unauthorized practice of law in light of constitutional rights of free expression and the social good of access to justice.


Ethics Bureau At Yale: Combining Pro Bono Professional Responsibility Advice With Ethics Education, Lawrence J. Fox May 2013

Ethics Bureau At Yale: Combining Pro Bono Professional Responsibility Advice With Ethics Education, Lawrence J. Fox

Journal of Legal Education

No abstract provided.


Beyond Externships And Clinics: Integrating Access To Justice Education Into The Curriculum, Cynthia F. Adcock May 2013

Beyond Externships And Clinics: Integrating Access To Justice Education Into The Curriculum, Cynthia F. Adcock

Journal of Legal Education

No abstract provided.


Instilling A Commitment To Service: A Law Firm Pro Bono Seminar, Kimberly Emery, Scot H. Fishman May 2013

Instilling A Commitment To Service: A Law Firm Pro Bono Seminar, Kimberly Emery, Scot H. Fishman

Journal of Legal Education

No abstract provided.


Two Lawyers, One Client, And The Duty To Communicate: A Gap In Rules 1.2 And 1.4, Stephen C. Sieberson Apr 2013

Two Lawyers, One Client, And The Duty To Communicate: A Gap In Rules 1.2 And 1.4, Stephen C. Sieberson

The University of New Hampshire Law Review

[Excerpt] “There may have been a day in which most American legal matters involved one client and one lawyer, but that day has surely passed. People today travel widely, businesses sell their goods and services across the country, and activity of all sorts—both legal and illegal—can be carried out in cyberspace. In such a society the laws of multiple jurisdictions can be relevant to the broad range of client circumstances. At the same time, legal issues have become increasingly complex, forcing lawyers to make referrals to outside specialists. In addition, some transactions or litigation matters may simply be too large …


Legal Education: Rethinking The Problem, Reimagining The Reforms, Deborah L. Rhode Feb 2013

Legal Education: Rethinking The Problem, Reimagining The Reforms, Deborah L. Rhode

Pepperdine Law Review

Whether or not law schools are in a crisis, it is certainly true that legal education currently faces a number of significant challenges. The fundamental problem is a lack of consensus over what the problem is. Legal educators and regulators are developing well-intended but inadequate responses to the symptoms, not the causes of law school woes. In addition to identifying the problem, this Article discusses potential reforms. Financial issues represent a significant source of much of the current criticisms face by law schools today. Tuition rates have increased at a pace far outstripping the steep hikes seen at universities as …


Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh M. Rathold, Deborah M. Weissman Jan 2013

Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh M. Rathold, Deborah M. Weissman

University of Maryland Law Journal of Race, Religion, Gender and Class

"Promoting Language Access in the Legal Academy," details the progress made by the legal profession in meeting the needs of individuals with limited English language proficiency. The authors outlines the current need, summarizes various approaches taken by law schools, and emphasizes the value of training bilingual law students as well as mobilizing a cadre of undergraduate interpreters.


Practicing On Purpose: Promoting Personal Wellness And Professional Values In Legal Education, Gretchen Duhaime Nov 2012

Practicing On Purpose: Promoting Personal Wellness And Professional Values In Legal Education, Gretchen Duhaime

Touro Law Review

No abstract provided.


The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers Nov 2012

The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers

Touro Law Review

No abstract provided.


Teaching The Torture Memos: "Making Decision Under Conditions Of Uncertainty", Clare Keefe Coleman Aug 2012

Teaching The Torture Memos: "Making Decision Under Conditions Of Uncertainty", Clare Keefe Coleman

Journal of Legal Education

No abstract provided.


Integrating Mindfulness Theory And Practice Into Trial Advocacy, David M. Zlotnick May 2012

Integrating Mindfulness Theory And Practice Into Trial Advocacy, David M. Zlotnick

Journal of Legal Education

No abstract provided.


Toward Lawyering As Peacemaking: A Seminar On Mindfulness, Morality, And Professional Identity, Angela P. Harris May 2012

Toward Lawyering As Peacemaking: A Seminar On Mindfulness, Morality, And Professional Identity, Angela P. Harris

Journal of Legal Education

No abstract provided.


The Lawyer As Truth-Teller: Lessons From Enron, Thomas G. Bost Mar 2012

The Lawyer As Truth-Teller: Lessons From Enron, Thomas G. Bost

Pepperdine Law Review

The teaching and practice of law assume and are shaped by the standard vision of lawyer conduct and ethical responsibility. Under the standard vision, which is reflected in the various codes of professional responsibility governing lawyers, the lawyer is a "neutral partisan" for his or her client: "neutral" in that he does not let his moral values affect his actions on behalf of his client; "partisan" in that she does whatever she can within the limits of the law to advance her client's stated interests. Because the standard vision is readily understood by most lawyers as imposing a code of …


The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow Mar 2012

The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow

Pepperdine Dispute Resolution Law Journal

This article is about lawyers as negotiators, and in particular, it is about identifying and understanding the influential and potentially competing interests that are - or at least should be - in the minds of lawyers (and potentially other third party representatives) during the overall negotiation process. While there continues to be an increasing amount of literature on the mechanics and strategies of negotiation, the underlying interests that are typically at stake in representative negotiations from the perspective of representatives - particularly negotiations involving lawyers - have not been adequately studied. And until all interests are identified and placed squarely …


Case Studies And The Classroom: Enriching The Study Of Law Through Real Client Stories, Michael Millemann Jan 2012

Case Studies And The Classroom: Enriching The Study Of Law Through Real Client Stories, Michael Millemann

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.