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Full-Text Articles in Law
Restating Restitution: A Study In Contemporary Common Law Conceptualism, Chaim Saiman
Restating Restitution: A Study In Contemporary Common Law Conceptualism, Chaim Saiman
Chaim Saiman
The ALI’s Restatement (Third) of Restitution provides one of the most interesting expressions of contemporary legal conceptualism. This paper explores the theory and practice of post-realist conceptualism through a review and critique of the Restatement. At the theoretical level, the paper develops a typology of different forms of conceptualism, and shows that the Restatement has more in common with the high formalism of the nineteenth century than with contemporary modes of private law discourse. At the level of substantive doctrine, the paper explains why labels in fact make a difference, and assesses which recoveries are more (and less) likely under …
Clients, Empathy, And Compassion: Introducing First-Year Students To The “Heart” Of Lawyering, Kristin B. Gerdy
Clients, Empathy, And Compassion: Introducing First-Year Students To The “Heart” Of Lawyering, Kristin B. Gerdy
Kristin B. Gerdy
This explore the need for instruction and experience with the “heart” of law practice within the first year of law school. According to the report on legal education prepared by the Carnegie Foundation, the two major limitations in American legal education are 1) a lack of attention to practical education, including a marked lack of understanding client problems, and 2) failure to support development of ethical and social skills. With the release of this report it is likely that law school faculties throughout the United States will be looking at their curricula to see how to better fill these gaps …
Globalización, Derechos Humanos Y Sociedad De La Información, Teresa M. G. Da Cunha Lopes
Globalización, Derechos Humanos Y Sociedad De La Información, Teresa M. G. Da Cunha Lopes
Teresa M. G. Da Cunha Lopes
Para nadie es ajeno que las nuevas tecnologías, y en especial el internet, en la llamada era de la sociedad de la información, constituyen una de las mayores posibilidades con las que se cuenta actualmente para la adquisición de nuevos conocimientos, contactos personales interactivos como el correo electrónico, el chat, el comercio electrónico, la diversión, los grupos de discusión y las redes sociales.Sin embargo, al lado de las infinitas posibilidades benéficas que la red de redes ofrece, coexisten algunos usos abusivos, inseguros, peligrosos o incluso delictivos que nos plantean nuevos retos a los juristas, acerca de los cuales es posible …
Opportunity Lost: How Law School Disappoints Law Students, The Public, And The Legal Profession, Jason M. Dolin
Opportunity Lost: How Law School Disappoints Law Students, The Public, And The Legal Profession, Jason M. Dolin
Jason M. Dolin
The paper discusses how current law school pedagogy fails to prepare, or even attempt to prepare, students to practice law. Churning out large numbers of law students who have paid for an expensive and inefficient education, law schools continue to practice 19th century pedagogical methods. Although these methods have been discredited as ineffective, law faculties largely continue using these familiar methods. The paper discusses how all three of law schools constituences - law students, the profession, and the public - will be better served by law school adopting methods and techniques that are used in other professional education.
Unlocking The Secrets Of Highly Successful Legal Writing Students, Anne Enquist
Unlocking The Secrets Of Highly Successful Legal Writing Students, Anne Enquist
Anne M Enquist
Abstract Unlocking the Secrets of Highly Successful Legal Writing Students Anne M. Enquist Seattle University School of Law Why are some law students successful in their legal writing classes and others are not? To identify the secrets to success, I did a case study of six second-year law students as they wrote a motion brief and an appellate brief for their 2L legal writing course. Based on their 1L legal writing course, two of these students were predicted to be highly successful, two were predicted to be moderately successfully, and two were predicted to be only marginally successful. Through daily …
Did Harvard Get It Right?, Laurel Currie Oates
Did Harvard Get It Right?, Laurel Currie Oates
Laurel Currie Oates
Abstract: Q: Did Harvard get it right when it adopted the casebook method over 150 years ago? A: Maybe. Many first-year law students struggle to understand why law professors force them to divine legal principles from judicial decisions, some of which were decided before their grandparents were born and others which seem to be written in a foreign language. Wouldn’t it much be easier, and better, if law schools used the same pedagogy that is used in many other disciplines: reading assignments, lectures, and exams that test whether students have learned the information set out in those textbooks and lectures? …
To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz
To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz
Steven L Schwarcz
In recent years, companies have been shifting much of their transactional legal work from outside law firms to in-house lawyers, and some large companies now staff transactions almost exclusively in-house. Although this transformation redefines the very nature of the business lawyer, scholars have largely ignored it. This article seeks to remedy that omission, using empirical evidence as well as economic theory to help explain why in-house lawyers are taking over, and whether they are likely to continue to take over, these functions and roles of outside lawyers. The findings are surprising, suggesting that in-house lawyers may now be performing as …
To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz
To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz
Steven L Schwarcz
In recent years, companies have been shifting much of their transactional legal work from outside law firms to in-house lawyers, and some large companies now staff transactions almost exclusively in-house. Although this transformation redefines the very nature of the business lawyer, scholars have largely ignored it. This article seeks to remedy that omission, using empirical evidence as well as economic theory to help explain why in-house lawyers are taking over, and whether they are likely to continue to take over, these functions and roles of outside lawyers. The findings are surprising, suggesting that in-house lawyers may now be performing as …
To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz
To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz
Steven L Schwarcz
No abstract provided.
¿Qué Hacen Los Civilistas En México?, Juan Carlos Marín
¿Qué Hacen Los Civilistas En México?, Juan Carlos Marín
Juan Carlos Marín
What happened to private law in Mexico? In the early 20th century, this nation embraced a new world of legal thought, characterized by a 'socialization of law,' a 'social point of view,' or 'sociological jurisprudence,' and at the same time rejoiced in the passing of the nineteenth century world of laissez-faire, autonomous individuals and their rights. This paper examines how, as a result, the growth and development of Mexican private law has been seriously altered and stunted.
Widener Law Criminal Defense Clinic: Twelve Years Of Making A Difference, Judith L. Ritter
Widener Law Criminal Defense Clinic: Twelve Years Of Making A Difference, Judith L. Ritter
Judith L Ritter
No abstract provided.
China's Future Lawyers: Some Differences In Education And Outlook, Patricia Ross Mccubbin, Malinda L. Seymore, Andrea Anne Curcio, Llewellyn Joseph Gibbons
China's Future Lawyers: Some Differences In Education And Outlook, Patricia Ross Mccubbin, Malinda L. Seymore, Andrea Anne Curcio, Llewellyn Joseph Gibbons
Malinda L. Seymore
In this short essay, four U.S. professors who recently served as Fulbright Lecturers in Law in China share important observations about China's future lawyers. The authors discuss key differences in the legal education systems of the two countries, noting that the most significant difference is the lack of Chinese training in the critical legal analysis so familiar to U.S.-trained lawyers. The authors also discuss Chinese law students' limited knowledge of the U.S. legal system and U.S. culture generally. This essay seeks to help members of the U.S. legal community understand the different skill sets and information that Chinese lawyers may …
China's Future Lawyers: Some Differences In Education And Outlook, Patricia Ross Mccubbin, Malinda L. Seymore, Andrea Anne Curcio, Llewellyn Joseph Gibbons
China's Future Lawyers: Some Differences In Education And Outlook, Patricia Ross Mccubbin, Malinda L. Seymore, Andrea Anne Curcio, Llewellyn Joseph Gibbons
Andrea A. Curcio
In this short essay, four U.S. professors who recently served as Fulbright Lecturers in Law in China share important observations about China's future lawyers. The authors discuss key differences in the legal education systems of the two countries, noting that the most significant difference is the lack of Chinese training in the critical legal analysis so familiar to U.S.-trained lawyers. The authors also discuss Chinese law students' limited knowledge of the U.S. legal system and U.S. culture generally. This essay seeks to help members of the U.S. legal community understand the different skill sets and information that Chinese lawyers may …
Translating The U.S. Llm Experience: The Need For A Comprehensive Examination, Carole Silver, Mayer Freed
Translating The U.S. Llm Experience: The Need For A Comprehensive Examination, Carole Silver, Mayer Freed
Carole Silver
No abstract provided.
The Advocacy And Technology Institute: Real-World Training Using Real-World Tools, John F. Nivala
The Advocacy And Technology Institute: Real-World Training Using Real-World Tools, John F. Nivala
John F. Nivala
No abstract provided.
China's Future Lawyers: Some Differences In Education And Outlook, Patricia Ross Mccubbin, Malinda L. Seymore, Andrea Anne Curcio, Llewellyn Joseph Gibbons
China's Future Lawyers: Some Differences In Education And Outlook, Patricia Ross Mccubbin, Malinda L. Seymore, Andrea Anne Curcio, Llewellyn Joseph Gibbons
Malinda L. Seymore
In this short essay, four U.S. professors who recently served as Fulbright Lecturers in Law in China share important observations about China's future lawyers. The authors discuss key differences in the legal education systems of the two countries, noting that the most significant difference is the lack of Chinese training in the critical legal analysis so familiar to U.S.-trained lawyers. The authors also discuss Chinese law students' limited knowledge of the U.S. legal system and U.S. culture generally. This essay seeks to help members of the U.S. legal community understand the different skill sets and information that Chinese lawyers may …
Law And Government Institute: Rapid Growth In Faculty, Offerings, Speakers, John L. Gedid
Law And Government Institute: Rapid Growth In Faculty, Offerings, Speakers, John L. Gedid
John L. Gedid
No abstract provided.