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Articles 1 - 30 of 88
Full-Text Articles in Law
The Rise Of Market Urbanism, Michael Lewyn
The Rise Of Market Urbanism, Michael Lewyn
Scholarly Works
Compares market urbanism to new urbanism and to defenders of suburban sprawl. Like new urbanists, market urbanists find urban life to be socially valuable, and emphasize that sprawl is not always in line with consumer preferences. But market urbanists are more likely to emphasize the role of government regulation in creating suburbanization, and to oppose anti-sprawl land use regulations.
Fashioning An Effective Negotiation Style: Choosing Between Good Practices, Tactics, And Tricks, Harold I. Abramson
Fashioning An Effective Negotiation Style: Choosing Between Good Practices, Tactics, And Tricks, Harold I. Abramson
Scholarly Works
This article addresses two long standing issues in negotiations. First, what choices should we make to be effective? This article offers a schema for classifying the choices into one of three categories and in so doing, classifies choices based on likely benefits and degree of risk when fashioning an effective negotiation style. The second question is how to distinguish between negotiation style, the subject of this article, and our natural conflict style. By highlighting the distinction between how we want to negotiate (negotiation style) and how we naturally negotiate (conflict style), this article offers a way to become the negotiator …
Another Look At Lawyer Discretion To Assist Clients In Unlawful Conduct: A Response To Professor Tremblay, Samuel J. Levine
Another Look At Lawyer Discretion To Assist Clients In Unlawful Conduct: A Response To Professor Tremblay, Samuel J. Levine
Scholarly Works
Professor Paul Tremblay’s At Your Service: Lawyer Discretion to Assist Clients in Unlawful Conduct, identifies and explores an apparent gap in the law governing the work of lawyers: the question of whether lawyers may assist clients in unlawful conduct that is not criminal or fraudulent. After introducing the issue through three illustrative scenarios, which he labels “lawbreaking stories,” Professor Tremblay engages in an extensive analysis of the applicable substantive law, relying primarily on ethics codes, which directly regulate the work of lawyers, with additional reference to other sources of law. Having reached the considered conclusion that the law does not …
Afterword: What's Next? Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Jorge R. Roig, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Shelley Cavalieri, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona
Afterword: What's Next? Into A Third Decade Of Latcrit Theory, Community, And Praxis, Steven W. Bender, Francisco Valdes, Jorge R. Roig, Jasmine Gonzalez Rose, Saru Matambanadzo, Roberto Corrada, Shelley Cavalieri, Tayyab Mahmud, Zsea Bowmani, Anthony E. Varona
Scholarly Works
In this multi-vocal Afterword, we reflect-personally and collectively to help chart renewed agendas toward and through a third decade of LatCrit theory, community, and praxis. This personal collective exercise illustrates and reconsiders the functions, guideposts, values, and postulates for our shared programmatic work a framework for our daily work as individuals and teams through our portfolio of projects, which in turn emerged as a "reflection and projection of LatCrit theory, community and praxis." These early anchors expressly encompassed (1) a call to recognize and accept the inevitable political nature of U.S. legal scholarship; (2) a concomitant call toward anti-subordination praxis …
Honoring Our History: The Bench And The Bar As Legal Educators And The Resurrection Of Legal Apprenticeships, Antonette Barilla
Honoring Our History: The Bench And The Bar As Legal Educators And The Resurrection Of Legal Apprenticeships, Antonette Barilla
Journal of Experiential Learning
No abstract provided.
Collaborating For Transformation, Marjorie A. Silver
Collaborating For Transformation, Marjorie A. Silver
Journal of Experiential Learning
No abstract provided.
Mediation And Millennials: A Dispute Resolution Mechanism To Match A New Generation, Shawna Benston, Brian Farkas
Mediation And Millennials: A Dispute Resolution Mechanism To Match A New Generation, Shawna Benston, Brian Farkas
Journal of Experiential Learning
No abstract provided.
Experiential Legal Education: How The University Of Kansas School Of Law Alumni Are Contributing To Teaching Professional Skills, Suzanne Valdez
Experiential Legal Education: How The University Of Kansas School Of Law Alumni Are Contributing To Teaching Professional Skills, Suzanne Valdez
Journal of Experiential Learning
No abstract provided.
Restoring Power: A Law School’S Response To A Superstorm, Melissa H. Luckman, Patricia R. Sturm
Restoring Power: A Law School’S Response To A Superstorm, Melissa H. Luckman, Patricia R. Sturm
Journal of Experiential Learning
No abstract provided.
Bridging The Gap: A Joint Negotiation Project Crossing Legal Disciplines, Karen E. Powell, Lauren E. Bartlett
Bridging The Gap: A Joint Negotiation Project Crossing Legal Disciplines, Karen E. Powell, Lauren E. Bartlett
Journal of Experiential Learning
No abstract provided.
Beth Mobley Memorial, Howard Glickstein
Cardozo, The Canon And Some Critical Thoughts About Pedagogy, Deborah W. Post
Cardozo, The Canon And Some Critical Thoughts About Pedagogy, Deborah W. Post
Touro Law Review
No abstract provided.
Ilene Barshay: A Beloved Friend And Colleague, Rena C. Seplowitz
Ilene Barshay: A Beloved Friend And Colleague, Rena C. Seplowitz
Touro Law Review
No abstract provided.
Solving The Riddle! Bridging The Gap In The Federal Circuit’S Definition Of “Regular And Established Place Of Business” To Prevent Patent Trolls From Forum Shopping, Michael A. Morales
Solving The Riddle! Bridging The Gap In The Federal Circuit’S Definition Of “Regular And Established Place Of Business” To Prevent Patent Trolls From Forum Shopping, Michael A. Morales
Touro Law Review
No abstract provided.
My Friend, Ilene Barshay, Heather Melniker
Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil
Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil
Scholarly Works
Climate change represents a global commons problem, where individuals, businesses, and nation-states all lack sufficient incentives to reduce their greenhouse gas emissions to levels consistent with meeting their collectively agreed upon mitigation goals. The current "pledge and review" paradigm for global climate change mitigation, which many see as a major breakthrough, relies primarily on moral pressure, reputational incentives, and global public opinion to foster cooperation on mitigation efforts over and above those driven by maximization of narrow conceptions of national interests. Given the scale of the emissions reductions required to meet stated mitigation goals, the substantial economic costs of deep …
How To Build A Better Bar Exam, Eileen Kaufman, Andrea Anne Curcio, Carol L. Chomsky
How To Build A Better Bar Exam, Eileen Kaufman, Andrea Anne Curcio, Carol L. Chomsky
Scholarly Works
As a licensing exam, the purpose of the bar exam is consumer protection–-ensuring that new lawyers have the minimum competencies required to practice law effectively. As critics point out, however, the exam, and particularly the multiple-choice question portion of the exam, has significant flaws because it assesses legal knowledge and analysis in an artificial and unrealistic context, and the closed-book format rewards the ability to memorize thousands of legal rules, a skill unrelated to law practice.
This essay discusses how to improve the exam by changing its multiple-choice content and format. We use two law licensing exams to illustrate how …
Explaining Market Urbanism, Michael Lewyn
Explaining Market Urbanism, Michael Lewyn
Scholarly Works
Compares Market Urbanism to New Urbanism and Landscape Urbanism
A Tribute To Douglas Scherer, Howard A. Glickstein
A Tribute To Douglas Scherer, Howard A. Glickstein
Scholarly Works
No abstract provided.
Recovering Wagner V. International Railway Company, Kenneth S. Abraham, G. Edward White
Recovering Wagner V. International Railway Company, Kenneth S. Abraham, G. Edward White
Touro Law Review
No abstract provided.
The Uncertainty Of Sun Printing, George M. Cohen
The Uncertainty Of Sun Printing, George M. Cohen
Touro Law Review
No abstract provided.
A Run For Your Money: Are Able Accounts Truly An Innovative, User-Friendly Financial Savings Tool For The Broad Spectrum Of Disabled Americans?, Madeleine Laser
A Run For Your Money: Are Able Accounts Truly An Innovative, User-Friendly Financial Savings Tool For The Broad Spectrum Of Disabled Americans?, Madeleine Laser
Touro Law Review
No abstract provided.
Lee V. United States: The Unusual Circumstances Test For Strickland Relief, Zachary Segal
Lee V. United States: The Unusual Circumstances Test For Strickland Relief, Zachary Segal
Touro Law Review
No abstract provided.
Miriam's Oasis, David Nimmer
Taking Back Bitcoin, Zachary Segal
Justice Benjamin Nathan Cardozo And His Two Most Important Questions: Reflections On The Choice Of Tycho Brahe, Randy Lee
Touro Law Review
No abstract provided.
Leon D. Lazer: The Giant Among Us, Howard Glickstein
Leon D. Lazer: The Giant Among Us, Howard Glickstein
Touro Law Review
No abstract provided.
Policing Narrative, Tal Kastner
Policing Narrative, Tal Kastner
Scholarly Works
Counter narrative, a story that calls attention to and rebuts the presumptions of a dominant narrative framework, functions as an essential tool to reshape the bounds of the law. It has the potential to shape the collective notion of what constitutes legal authority. Black Lives Matter offers a counter narrative that challenges the characterization of the shared public space, among other aspects of contemporary society, as the space of law. Using the concept of necropower--the mobilization and prioritization of the state's power to kill--I analyze the contested physical and conceptual space of law exposed by the counter narrative of Black …