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Full-Text Articles in Law
Untangling Attorney Retainers From Creditor Claims, Cassandra Burke Robertson, Jesse Wynn
Untangling Attorney Retainers From Creditor Claims, Cassandra Burke Robertson, Jesse Wynn
Faculty Publications
Clients will often use a retainer to secure an attorney’s representation. But clients in economic distress may have creditors that are eager to access the client’s funds in the attorney’s hands. Attorneys, clients, courts, and regulators have struggled to understand who has the best claim to such retainer funds. In this Article, we attempt to untangle the most common areas of confusion. We conclude that Article 9 of the Uniform Commercial Code (UCC) offers strong protection for an attorney’s interest in client retainers through security interests, even though some courts have misapplied the UCC in this context. Further, we recommend …
Case Western University Law School Library: 125 Years, Joseph A. Custer
Case Western University Law School Library: 125 Years, Joseph A. Custer
Faculty Publications
Professor Custer describes the first 125 years of the Case Western Law School Library’s history, including its collections, facilities, renovations, staff, budget, evolving research and automation technologies, contributions to legal instruction, and involvement with technological advances in the legal information community.
Bankruptcy And Higher Education Institutions, St. John’S University School Of Law Symposium, Scott F. Norberg
Bankruptcy And Higher Education Institutions, St. John’S University School Of Law Symposium, Scott F. Norberg
Faculty Publications
No abstract provided.
The Wire As A Gap-Filling Class On Criminal Law And Procedure, Adam M. Gershowitz
The Wire As A Gap-Filling Class On Criminal Law And Procedure, Adam M. Gershowitz
Faculty Publications
No abstract provided.
The First Day Of Criminal Law: Forgetting Everything You Thought You Already Knew, Kami Chavis Simmons
The First Day Of Criminal Law: Forgetting Everything You Thought You Already Knew, Kami Chavis Simmons
Faculty Publications
Whether from the media or the seemingly endless rotation of Law and Order episodes, many students enter law school with a great deal of knowledge about important concepts that dominate Criminal Law, including murder, manslaughter, conspiracy, self-defense, or insanity. This familiarity with criminal law presents a dual challenge for students and professors alike. First, as future lawyers, they must force themselves to think critically about these familiar topics, and despite their basic knowledge of the criminal justice system, students quickly learn that there is much more to criminal law than meets the eye. Second, part of this critical analysis requires …
Law School Learning Communities: A Community Of Learners For The Benefit Of All Learners, Oscar J. Salinas
Law School Learning Communities: A Community Of Learners For The Benefit Of All Learners, Oscar J. Salinas
Faculty Publications
No abstract provided.
Rankings, Economic Challenge, And The Future Of Legal Education, Gene R. Nichol
Rankings, Economic Challenge, And The Future Of Legal Education, Gene R. Nichol
Faculty Publications
No abstract provided.
Alternative Justifications For Academic Support Ii: How “Academic Support Across The Curriculum” Helps Meet The Goals Of The Carnegie Report And Best Practices, Louis N. Schulze Jr.
Alternative Justifications For Academic Support Ii: How “Academic Support Across The Curriculum” Helps Meet The Goals Of The Carnegie Report And Best Practices, Louis N. Schulze Jr.
Faculty Publications
In the wake of two momentous critiques of legal education, popularly known as the “Carnegie Report” and “Best Practices,” law schools are reconsidering certain basic assumptions about how we educate future lawyers. Even the most forward-thinking reformers, however, struggle with the details of how to implement many of the recommendations of those reports. Providing more formative assessment, for instance, is a laudable objective but one that has serious ramifications in terms of resource expenditures. This article seeks to provide a remedy for many of these struggles: “Academic Support Across the Curriculum.” This piece argues that the reconceptualization of an under-leveraged …
Alternative Justifications For Law School Academic Support Programs: Self-Determination Theory, Autonomy Support, And Humanizing The Law School, Louis N. Schulze Jr.
Alternative Justifications For Law School Academic Support Programs: Self-Determination Theory, Autonomy Support, And Humanizing The Law School, Louis N. Schulze Jr.
Faculty Publications
This Article examines a problem that exists in law school academic support programs. While many schools now include extensive academic support opportunities within their curricula, some schools make the choice that more modest investments in these programs are warranted. Obviously, funding such programs is expensive, and law school administrations understandably are reticent to finance such endeavors absent guarantees of results. As such, scholars have attempted to prove, empirically, that law school academic support programs (ASPs) lead to demonstrable results in terms of improvements in student performance in law school and on the bar exam. Setting aside that important project, I …
Wages, Work, Privilege, And Legal Education, Gene R. Nichol
Wages, Work, Privilege, And Legal Education, Gene R. Nichol
Faculty Publications
No abstract provided.
Exporting American Legal Education, James E. Moliterno
Exporting American Legal Education, James E. Moliterno
Faculty Publications
No abstract provided.
Tough On Scholarship, Erik M. Jensen
Tough On Scholarship, Erik M. Jensen
Faculty Publications
This series of three articles (that's why it's a trilogy, duh-h-h) chronicles the legal-academic career of one S. Breckinridge Tushingham ("Breck" for short). As the trilogy unfolds, Breck works his way up (or maybe it's down) from his first academic position to an established professorship to dean of the South Soybean (Soso) State University law school. In the process of recording his professional history, and thus memorializing it for the ages, Breck provides (probably defamatory) insights into the American legal academy.
A Monologue On The Taxation Of Business Gifts, Erik M. Jensen
A Monologue On The Taxation Of Business Gifts, Erik M. Jensen
Faculty Publications
This series of three articles (that's why it's a trilogy, duh-h-h) chronicles the legal-academic career of one S. Breckinridge Tushingham ("Breck" for short). As the trilogy unfolds, Breck works his way up (or maybe it's down) from his first academic position to an established professorship to dean of the South Soybean (Soso) State University law school. In the process of recording his professional history, and thus memorializing it for the ages, Breck provides (probably defamatory) insights into the American legal academy.
A Day In The Life Of S. Breckinridge Tushingham, Erik M. Jensen
A Day In The Life Of S. Breckinridge Tushingham, Erik M. Jensen
Faculty Publications
This series of three articles (that's why it's a trilogy, duh-h-h) chronicles the legal-academic career of one S. Breckinridge Tushingham ("Breck" for short). As the trilogy unfolds, Breck works his way up (or maybe it's down) from his first academic position to an established professorship to dean of the South Soybean (Soso) State University law school. In the process of recording his professional history, and thus memorializing it for the ages, Breck provides (probably defamatory) insights into the American legal academy.
Reflections On The Teaching Of Constitutional Law, William W. Van Alstyne
Reflections On The Teaching Of Constitutional Law, William W. Van Alstyne
Faculty Publications
No abstract provided.
Better Lucky Than Good, Neal Devins
A Statutory Approach To Criminal Law, Kevin C. Mcmunigal
A Statutory Approach To Criminal Law, Kevin C. Mcmunigal
Faculty Publications
Article suggests that learning about criminal statutes should be incorporated into teaching criminal law.
The Jeffersonian Vision Of Legal Education, Davison M. Douglas
The Jeffersonian Vision Of Legal Education, Davison M. Douglas
Faculty Publications
No abstract provided.
A Primer For The First-Time Law Dean Candidate, Robert H. Jerry Ii
A Primer For The First-Time Law Dean Candidate, Robert H. Jerry Ii
Faculty Publications
This article identifies fourteen principles of which the first-time dean candidate should be mindful. The prescriptions are aspirational in nature, and the article suggests the reader engage in some introspection about which of the fourteen items are most applicable on a personal level.
Scholarship About Teaching, Jonathan L. Entin
Scholarship About Teaching, Jonathan L. Entin
Faculty Publications
This essay draws on that experience, focusing on approximately half a dozen particularly good articles that have appeared in the Journal during my editorial tenure. Most of these describe new ideas, offering detailed information for the curious reader who might want to emulate the author's approach or simply to learn what others in the legal academy are doing. Typically, however, these papers contain little or no meaningful assessment or evaluation. "Descriptive" is too often a pejorative term of dismissal. But good description is often an essential first step toward understanding. Because I believe that more rigorous evaluation could add to …
Book Review Of Seattle University Skills Development Series, James E. Moliterno
Book Review Of Seattle University Skills Development Series, James E. Moliterno
Faculty Publications
No abstract provided.
The Law School Expansion Draft (On The Lighter Side), Paul A. Lebel
The Law School Expansion Draft (On The Lighter Side), Paul A. Lebel
Faculty Publications
No abstract provided.
The Secret Of Success: The Small-Section First-Year Skills Offering And Its Relationship To Independent Thinking, James E. Moliterno
The Secret Of Success: The Small-Section First-Year Skills Offering And Its Relationship To Independent Thinking, James E. Moliterno
Faculty Publications
No abstract provided.
The Legal Skills Program At The College Of William And Mary: An Early Report, James E. Moliterno
The Legal Skills Program At The College Of William And Mary: An Early Report, James E. Moliterno
Faculty Publications
No abstract provided.
Goodness And Humanness: Distinguishing Traits, James E. Moliterno
Goodness And Humanness: Distinguishing Traits, James E. Moliterno
Faculty Publications
No abstract provided.
"Of Law And The River," And Of Nihilism And Academic Freedom, Peter W. Martin, Robert W. Gordon, Paul D. Carrington, Paul Brest, Phillip E. Johnson, William W. Van Alstyne, Guido Calabresi, Owen M. Fiss
"Of Law And The River," And Of Nihilism And Academic Freedom, Peter W. Martin, Robert W. Gordon, Paul D. Carrington, Paul Brest, Phillip E. Johnson, William W. Van Alstyne, Guido Calabresi, Owen M. Fiss
Faculty Publications
No abstract provided.
Simulation Of Legal Analysis And Instruction On The Computer, Thomas Lee Hazen, Margaret M. Hazen
Simulation Of Legal Analysis And Instruction On The Computer, Thomas Lee Hazen, Margaret M. Hazen
Faculty Publications
No abstract provided.
Clinical Education: Its Value In A Law School Curriculum, Robert F. Roach
Clinical Education: Its Value In A Law School Curriculum, Robert F. Roach
Faculty Publications
No abstract provided.
Notes On Legal Education In Mexico, Joseph M. Cormack
Notes On Legal Education In Mexico, Joseph M. Cormack
Faculty Publications
No abstract provided.
The Law Schools And The New Profession Of Social Technician, Frederick K. Beutel
The Law Schools And The New Profession Of Social Technician, Frederick K. Beutel
Faculty Publications
No abstract provided.