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Full-Text Articles in Law
The Future Of Empirical Legal Scholarship: Where Might We Go From Here?, Kathryn Zeiler
The Future Of Empirical Legal Scholarship: Where Might We Go From Here?, Kathryn Zeiler
Faculty Scholarship
The number of empirical legal studies published by academic journals is on the rise. Given theory’s dominance over the last few decades, this is a welcome development. This movement, however, has been plagued by a lack of rigor and a failure of editors to require disclosure of data and procedures that allow for easy replication of published results. Law journals, the editorial boards of which are manned solely by law students, might face the toughest hurdles in ensuring publication of only high quality empirical studies and in implementing and enforcing disclosure policies. While scholars in other fields including economics, psychology, …
Promoting Public Protection Through An “Attorney Integrity” System: Lessons From The Australian Experience With Proactive Regulation Of Lawyers, Susan Saab Fortney
Promoting Public Protection Through An “Attorney Integrity” System: Lessons From The Australian Experience With Proactive Regulation Of Lawyers, Susan Saab Fortney
Faculty Scholarship
This essay uses the Australian proactive approach to regulating attorneys as a springboard to discussing the role of proactive regulation of lawyers in advancing public protection. The essay provides information on the genesis and implementation of “proactive management-based regulation, the system in Australia. The essay reviews key research findings from empirical studies on the impact of the new system on complaints registered against lawyers and the conduct of lawyers in firms. The essay suggests possibilities for using management-based principles to improve lawyer regulation and conduct in the United States and other jurisdictions. The author concludes with a challenge for regulators …
An Empirical Analysis Of The Use Of The Intent Test To Determine Parentage In Assisted Reproductive Technology Cases, Mary P. Byrn, Lisa Giddings
An Empirical Analysis Of The Use Of The Intent Test To Determine Parentage In Assisted Reproductive Technology Cases, Mary P. Byrn, Lisa Giddings
Faculty Scholarship
States have been slow to adopt model acts regarding assisted reproductive technology (ART), or to draft ART legislation of their own, leaving most parents of ART children without a clear path to obtain legal parentage. As a result, when a child conceived via ART is born, the adults involved must turn to the courts to make a determination as to legal parentage. These courts have used a variety of approaches to determine legal parentage in ART cases, which along with the inherent discretion involved in judicial decisions absent clear precedent or statute has led to unpredictable, and sometimes inequitable, findings …
An Eclectic History And Analysis Of The 1990 Uniform Probate Code, Lawrence H. Averill
An Eclectic History And Analysis Of The 1990 Uniform Probate Code, Lawrence H. Averill
Faculty Scholarship
No abstract provided.