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Articles 1 - 30 of 226
Full-Text Articles in Law
The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan
The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan
James E. Moliterno
In times of social upheaval, lawyers can mark the way toward social change. In particular, when lawyers become more aggressive than traditional lawyers in the cause of fighting injustice, they face backlash from multiple sources, including government and their own profession. Such was the case during the U.S. civil rights movement. Unusually aggressive behavior by cause lawyers was met with hostility from their own profession and from government action. Those lawyers, while battered at times with physical violence, bar ethics charges, contempt of court, and state hostility, survived and changed social conditions at the same time they altered the culture …
Rural Justice: Improving Access To Justice In The Rural Reaches Of Southern California, Lisa R. Pruitt
Rural Justice: Improving Access To Justice In The Rural Reaches Of Southern California, Lisa R. Pruitt
Lisa R Pruitt
中国法律检索教育新发展, Liying Yu, Ning Han
中国法律检索教育新发展, Liying Yu, Ning Han
Ning Han
本文通过问卷调查揭示中国法律检索教学领域的最新状况和发展趋势。该调查是作者2008年调查的继续,以期发现近年来国内该项教学的进展和变化。作者希望以中美法律图书馆员的视角对中国法律检索教学中诸如课程设置、教学方式、学分、考核评估等方面进行具体观察和分析;同时,对法律职业与法律教育者之间的反馈系统、学生对法律检索能力的认知、全国性指导标准等相关方面也有涉及。文章指出,当前,中国法律检索教学局限与机遇并存,特别是伴随信息与数据时代对社会经济文化的全面影响,中国法学教育改革适逢其时,法律检索教育也会不可避免地提到议事日程。而且,作者乐观地认为,中美法律图书馆员在其中的积极与促进作用也是无可替代的。
Regulators At The Margis: The Impact Of Malpractice Insurers On Solo And Small Firm Lawyers, Leslie C. Levin
Regulators At The Margis: The Impact Of Malpractice Insurers On Solo And Small Firm Lawyers, Leslie C. Levin
Leslie Levin
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
The "Rabbi's Daughter" And The "Jewish Jane Addams": Jewish Women, Legal Aid, And The Fluidity Of Identity, 1890-1930, Felice Batlan
Felice J Batlan
The Integrated Law School Curriculum, Adam Lamparello
The Integrated Law School Curriculum, Adam Lamparello
Adam Lamparello
In January 2014, the American Bar Association’s Task Force on the Future of Legal Education stated that “[a]n evolution is taking place in legal practice and legal education needs to evolve with it.” To this end, the Task Force recommended that the law school curriculum “needs to shift still further toward developing the competencies and professionalism required of people who will deliver services to clients.” In fact, the Task Force emphasized that “[a] graduate’s having some set of competencies in the delivery of law and related services, and not just some body of knowledge, is an essential outcome …
Learning From And About The Numbers, Carole Silver, Louis Rocconi
Learning From And About The Numbers, Carole Silver, Louis Rocconi
Carole Silver
In this article, we enter the debate about the value of legal education, taking aim at the issue of the ways in which law schools prepare students for practice. But rather than focusing on skills training, our concern is with the approach of law schools to preparing students to understanding the context of the legal issues they will encounter, and specifically on their preparation for working with numbers, whether with regard to business, finance or information presented in statistical form generally.
Our contribution to this debate is to emphasize the importance of data in analyzing the value of law school, …
Building A More Critical Lens Into The Five Habits Of Cross-Cultural Lawyering, Kiran Sidhu
Building A More Critical Lens Into The Five Habits Of Cross-Cultural Lawyering, Kiran Sidhu
Kiran Sidhu
No abstract provided.
Law Schools And Learning Outcomes: Developing A Coherent, Cohesive, And Comprehensive Law School Curriculum, Anthony S. Niedwiecki
Law Schools And Learning Outcomes: Developing A Coherent, Cohesive, And Comprehensive Law School Curriculum, Anthony S. Niedwiecki
Anthony S. Niedwiecki
No abstract provided.
An Empirical Analysis Of Diversity In The Legal Profession, Jason P. Nance, Paul E. Madsen
An Empirical Analysis Of Diversity In The Legal Profession, Jason P. Nance, Paul E. Madsen
Jason P. Nance
The purpose of this Study is to empirically examine the diversity of the legal profession. The primary distinctive features of this empirical analysis are that it evaluates diversity in the legal profession by (a) carefully comparing it against other prestigious professions that have significant barriers to entry, and (b) focusing on young individuals who recently began their careers. These distinctions are made to isolate anomalies that are more likely caused by forces specific to the legal profession rather than general social forces that limit the eligibility of historically disadvantaged groups to pursue prestigious employment opportunities. Further, by narrowing our focus …
Holistic Lawyering, Jonathan R. Cohen
Holistic Lawyering, Jonathan R. Cohen
Jonathan R. Cohen
Transforming Practices documents profound changes occurring within legal practice and simultaneously helps illuminate the road ahead. Indeed, the psychological insight, moral questioning, concrete applications, and eloquent writing on a topic of significance combine to impart a sacred quality to this book. Whether you are a practitioner, a student, or a scholar, I suspect that you will learn from reading this book. I know that I did.
A Tale Of Three “Professions”: Search Engine Optimization, Lawyering & Law Teaching, Ray Campbell
A Tale Of Three “Professions”: Search Engine Optimization, Lawyering & Law Teaching, Ray Campbell
Ray W Campbell
The question has been posed: is legal practice today a profession? This leads, naturally enough, to another question: should society treat it as one? Using the concept of ‘profession’ in different ways, some argue that one thing modern legal practice needs is a good dose of 'professionalism;' others argue that, whatever once might have been true, treating law practice as a ‘profession’ is a rum game best abandoned.
These questions matter. Law enjoys special regulatory privileges and market protections that make little sense if law has become just another form of business – a specialized form of consulting, perhaps. At …
The Poor Image Of The Profession And The Ethical Pressures On The Modern Lawyer, Rodney A. Smolla
The Poor Image Of The Profession And The Ethical Pressures On The Modern Lawyer, Rodney A. Smolla
Rod Smolla
No abstract provided.
Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal
Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal
Nathan M. Crystal
The practice of law is increasingly becoming “delocalized.” Globalization and the use of technology are two important factors in this fundamental change in practice. Delocalization is affecting almost all areas of practice, including issues involving attorney-client privilege (ACP). To some extent the choice-of-law rules governing ACP are also – like other fields of the law - being “delocalized,” but in our view only partially. This paper discusses six approaches to choice of law issues governing ACP that are being used by the courts. Aside from the traditional lex loci approach (which simply applies the law of the forum to the …
Lee’S Atticus Finch Represents A Will To Change, Mary Ellen Maatman
Lee’S Atticus Finch Represents A Will To Change, Mary Ellen Maatman
Mary Ellen Maatman
No abstract provided.
Redefining Professionalism, Rebecca Roiphe
Redefining Professionalism, Rebecca Roiphe
Rebecca Roiphe
REdefining PRofessionalism
Abstract
Rebecca Roiphe*
Most scholars condemn professionalism as self-serving, anti-competitive rhetoric. This Article argues that professionalism can be a positive and productive way of thinking about lawyers’ work. While it is undoubtedly true that the Bar has used the ideology of the professional role to support self-interested and bigoted causes, professionalism has also served as an important way of developing and marshalling group identity to promote useful ends. The critics of professionalism tend to view it as an ideology, according to which professionals, unlike businessmen, are concerned not with their own financial gain but with the good …
Finding A Suitable Lawyer: Why Consumers Can't Always Get What They Want And What The Legal Profession Should Do About It, Linda Morton
Finding A Suitable Lawyer: Why Consumers Can't Always Get What They Want And What The Legal Profession Should Do About It, Linda Morton
Linda H Morton
This article criticizes the inadequacy of information available to consumers seeking an attorney compatible with their needs. The article describes why such inadequacy exists – in part because the legal profession distribute information to consumers through the narrow lens of attorney self-regulation rather than through the broader lens of consumer need. Yet, in striving to maintain their autonomy, lawyers have only perpetuated the enormous gap between information the public would like to have and that which they actually receive. The article explores sources of information consumers have access to, why such sources are so limited, and finally, how the problem …
Encouraging Physician-Attorney Collaboration Through More Explicit Professional Standards, Linda Morton Jd, Howard Taras Md, Vivian Reznik Md, Mph
Encouraging Physician-Attorney Collaboration Through More Explicit Professional Standards, Linda Morton Jd, Howard Taras Md, Vivian Reznik Md, Mph
Linda H Morton
In this age of multi-layered global problem solving, the skill of working with other disciplines is a necessary tool for any professional. Societal ills can no longer be solved by narrow approaches learned in graduate training but call for interdisciplinary collaboration. Effective collaboration of this nature requires the professions to understand the differences in professional cultures and to bridge the communication gap caused by these differences. Legal and medical training offer useful, but often conflicting, approaches to problem solving, thus, potentially impeding our abilities to understand and communicate with others regarding a shared issue or problem. Though each profession has …
Why The Bar Examination Fails To Raise The Bar, Carol Goforth
Why The Bar Examination Fails To Raise The Bar, Carol Goforth
Carol Goforth
Breaking Bad Facts: What Intriguing Contradictions In Fiction Narratives Can Teach Lawyers About Coping With Harmful Evidence, Cathren Page
Breaking Bad Facts: What Intriguing Contradictions In Fiction Narratives Can Teach Lawyers About Coping With Harmful Evidence, Cathren Page
Cathren Page
Abstract: Breaking Bad Facts: What Intriguing Contradictions in Fiction Narratives Can Teach Lawyers About Coping with Harmful Evidence by Cathren Koehlert-Page Walter White is the “nerdiest old dude” that Jesse Pinkman knows. His students ignore him and whisper and laugh during class. They make fun of him at his after school job at the car wash where he is forced to stay late. His home décor and personal fashion could best be described as New American Pathetic. And yet by the end of the hit television series, Breaking Bad, White is a feared multi-million dollar drug lord known as Heisenberg. …
Impartiality And Independence: Misunderstood Cousins, James E. Moliterno
Impartiality And Independence: Misunderstood Cousins, James E. Moliterno
James E. Moliterno
No abstract provided.
The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno
The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno
James E. Moliterno
No abstract provided.
Collaboration And Teamwork (Weinstein/Morton), Linda Morton, Janet Weinstein
Collaboration And Teamwork (Weinstein/Morton), Linda Morton, Janet Weinstein
Linda H Morton
Below are a series of videos that illustrate the importance of teamwork and various stages in the teamwork process. These videos accompany a chapter written by Profs. Janet Weinstein and Linda Morton titled Collaboration and Teamwork in LEARNING FROM PRACTICE: A PROFESSIONAL DEVELOPMENT TEXT FOR LEGAL EXTERNS. (Leah Wortham, Susan Brooks, Nancy Maurer, & Alexander Scherr eds., 3rd ed., forthcoming 2015).
The first three videos offer statements by a law firm attorney, a judge, and a non-profit attorney on the important roles teamwork and collaboration play in today’s law practice.
The next three videos, Forming, Norming, and Storming, illustrate the …
Teaching The Newly Essential Knowledge, Skills, And Values In A Changing World, Section E: Intercultural Effectiveness, Rhonda Magee, Mary Lynch, Robin Boyle, Antoinette Lopez
Teaching The Newly Essential Knowledge, Skills, And Values In A Changing World, Section E: Intercultural Effectiveness, Rhonda Magee, Mary Lynch, Robin Boyle, Antoinette Lopez
Rhonda V Magee
Chapter from the forthcoming book "Building on Best Practices: Transforming Legal Education in a Changing World" (2015). addresses the need of legal education to prepare cross-culturally competent lawyers. Outlines techniques and educational outcomes to develop law students' intercultural awareness.
What Firms Want: Investigating Globalization's Influence On The Market For Lawyers In Korea, Carole Silver, Jae-Hyup Lee, Jeeyoon Park
What Firms Want: Investigating Globalization's Influence On The Market For Lawyers In Korea, Carole Silver, Jae-Hyup Lee, Jeeyoon Park
Carole Silver
This article addresses one of the central debates regarding globalization: how best to approach liberalizing markets in order to balance the interests of local and non-local actors and institutions. It takes the legal services market as its focus and draws on the South Korean experience as a case study. Korea recently liberalized its regulatory approach to legal services by changing both its method of producing lawyers (including initiating a graduate level law school system and drastically increasing the proportion of bar exam passers) and allowing foreign competition to directly enter its market through foreign law firms and foreign-licensed lawyers working …
Spirals And Schemas: How Integrated Law School Courses Create Higher-Order Thinkers And Problem Solvers, Jennifer Spreng
Spirals And Schemas: How Integrated Law School Courses Create Higher-Order Thinkers And Problem Solvers, Jennifer Spreng
Jennifer E Spreng
As legal educators continue to shift focus to preparing students for practice, they should put integrated first-year courses and curricula into the top tier of potential reform vehicles. Integration refers to the extent to which a course or curriculum blurs disciplinary boundaries as well as boundaries between doctrine and authentic learning activities. Integrated courses promote active, deep learning that facilitate orderly knowledge construction and reveal more connections between vital legal concepts. The authenticity of integrated courses improves students’ retention and transfer of knowledge. Such accessible, interconnected knowledge in such a vital learning environment is like intellectual rocket fuel to law …
Suppose The Class Began The Day The Case Walked In The Door . . ., Jennifer Spreng
Suppose The Class Began The Day The Case Walked In The Door . . ., Jennifer Spreng
Jennifer E Spreng
Problem-solving is the manifestation of a lawyer’s expertise. Unfortunately, the first year of law school is too highly compartmentalized and often semi-rote-learning experience that does not disturb what are many students’ passive undergraduate school learning strategies. Once taught the same way in law school, students are unlikely to develop the more intellectually sophisticated, relational learning strategies to make the cross-topical and cross-disciplinary connections of which problem-solving expertise is made.
This article argues that horizontally and vertically integrated first-year courses with spiral designs that prioritize honing students’ analytical and problem-solving capacities can break this cycle and prepare students with more self-directed …
The Changing Practice Of Law And Law Schools: Why Would Anyone Go To Law School Today?, Barry Vickrey
The Changing Practice Of Law And Law Schools: Why Would Anyone Go To Law School Today?, Barry Vickrey
Barry Vickrey
No abstract provided.
Open Letter: A Future For Legal Education, Paulo Barrozo
Open Letter: A Future For Legal Education, Paulo Barrozo
Paulo Barrozo
A deepening malady marks the present and threatens the future of legal education: not enough of it can be properly described as education, much of it is mere training, and the remainder is neither. The immediate cause of the malady of legal education is the prevailing structural bias of law schools toward three symbiotic attitudes, which I label practicism, minimalism, and parochialism. This open letter explains the nature and effects of practicism, minimalism, and parochialism before outlining four proposals for the future of legal education.
Lawyer, Form Thyself: Professional Identity Formation Strategies In Legal Education, Professional Responsibility, And Experiential Courses, Susan S. Daicoff
Lawyer, Form Thyself: Professional Identity Formation Strategies In Legal Education, Professional Responsibility, And Experiential Courses, Susan S. Daicoff
Susan Daicoff
Professional identity formation as a learning objective in law school may appear to be nontraditional and perhaps even innovative. While perhaps not a new concept, it is not typically an explicit goal of legal education. Empirical data finds that law school has demonstrable effects upon law students’ professional development; it also finds that certain nontraditional skills and competencies (or “soft skills”) make lawyers most effective. This article argues for explicit planning for and inclusion of professional identity development, including training in these nontraditional skills, in legal education. Professional identity encompasses one’s values, preferences, passions, intrinsic satisfactions, emotional intelligence, as well …