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Legal Profession Commons

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Legal Writing and Research

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Full-Text Articles in Legal Profession

Book Review Of In The Opinion Of The Court, Laura A. Heymann Sep 2019

Book Review Of In The Opinion Of The Court, Laura A. Heymann

Laura A. Heymann

No abstract provided.


A Call For Strengthening The Role Of Comparative Legal Analysis In The United States, Irene Calboli Jun 2018

A Call For Strengthening The Role Of Comparative Legal Analysis In The United States, Irene Calboli

Irene Calboli

This Essay highlights the importance of comparative legal analysis with particular emphasis on the role that this methodology could play for intellectual property scholarship in the United States. In particular, this Essay suggests that U.S. scholars could consider turning with more frequency to comparative legal analysis as an additional methodology to use in their research. Yet, the objective of this Essay is not to suggest that U.S. scholars should engage in comparative legal analysis in lieu of other types of research methodologies. Instead, this Essay simply supports that comparative legal analysis could play a larger role compared to the one …


Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge Jun 2018

Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge

Mark Edwin Burge

In the Harry Potter world, the magical population lives among the non-magical Muggle population, but we Muggles are largely unaware of them. This secrecy is by elaborate design and is necessitated by centuries-old hostility to wizards by the non-magical majority. The reasons behind this hostility, when combined with the similarities between Harry Potter-stylemagic and American law, make Rowling’s novels into a cautionary tale for the legal profession that it not treat law as a magic unknowable to non-lawyers. Comprehensibility — as a self-contained, normative value in the enactment interpretation, and practice of law — is given short-shrift by the legal …


Keeping Pace With Technology-Driven Profession, Jodi Nafzger Mar 2018

Keeping Pace With Technology-Driven Profession, Jodi Nafzger

Jodi Nafzger

With the increasing use of E-discovery and paperless judicial systems, members of the legal profession must consider new methods for managing the overwhelming volume of information and be competent with the emerging technologies at the center of modern law practice. It is also increasingly clear that law schools must teach the technology of law practice. The ABA Model Rules of Professional Conduct call for law school curriculum which familiarizes aspiring lawyers with important technology tools. With practical skills training in the use of effective technology tools, the next generation of lawyers can bring an enhanced mastery of business and technology …


Ask A Director: Reporting Accomplishments, Caroline L. Osborne Jan 2018

Ask A Director: Reporting Accomplishments, Caroline L. Osborne

Caroline L. Osborne

None available.


Securing Professional Development: Getting To Yes, Caroline L. Osborne, Carol A. Watson, Amy J. Eaton Jan 2018

Securing Professional Development: Getting To Yes, Caroline L. Osborne, Carol A. Watson, Amy J. Eaton

Caroline L. Osborne

None available.


Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow Jun 2017

Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow

Judith A. McMorrow

The need for multidisciplinary approaches to legal services has given rise to increasingly creative service delivery models. The phenomenon is a natural outgrowth of three important ideas that Louis Brandeis developed. First, his work gave rise to the concept of the Brandeis Brief, which in its broader meaning has become a metaphor for the relevance of such social science insights to legal problem-solving. Second, Brandeis introduced the concept of “counsel for the situation” to capture a vision of lawyering that provided a broader identification of the interests involved, again with an orientation on problem-solving. A third idea championed by Brandeis …


Communication Conundrums: Theories About And Tips For Effective Decanal Communication, 48 U. Tol. L. Rev. 211 (2017), Darby Dickerson, Marjorie Buckner May 2017

Communication Conundrums: Theories About And Tips For Effective Decanal Communication, 48 U. Tol. L. Rev. 211 (2017), Darby Dickerson, Marjorie Buckner

Darby Dickerson

Clear and effective communication is essential for any organization, including a law school, to operate effectively. But communication is often one of the trickiest skills a law dean must seek to master. Once a person adds “Dean” to the front of his or her name, communication norms change. A dean must be sensitive to power structures—whether real or perceived— that exist within the law school. A dean also must be vigilant about how she communicates with others, and how others communicate on her behalf. And she must understand that people will communicate differently with her than with others in the …


An Inspired Classroom Or Meeting: Re-Inventing Yourself & Your Approach, Jennifer R. Mart-Rice, Caroline L. Osborne, Alyson Drake, Alexis Fetzer, Franklin L. Runge Mar 2017

An Inspired Classroom Or Meeting: Re-Inventing Yourself & Your Approach, Jennifer R. Mart-Rice, Caroline L. Osborne, Alyson Drake, Alexis Fetzer, Franklin L. Runge

Jennifer Mart-Rice

Judging a Book by Its Cover: Your students are passing judgment on you before your class even truly begins. Most frequently, they are judging you based solely on your gender or gender identification, the way in which you carry yourself, and your ability, or inability, to command your classroom. This session will help to provide attendees with things to think about prior to walking in the door, how to best present themselves, how to implement what some may call non-traditional teaching methods and/or roles in a legal research course, and how to overcome these challenges by rising above and dealing …


Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson Jan 2017

Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson

Darby Dickerson

No abstract provided.


Assessing Academic Law Libraries' Performance And Implementing Change: The Reorganization Of A Law Library, Linda Kawaguchi Dec 2016

Assessing Academic Law Libraries' Performance And Implementing Change: The Reorganization Of A Law Library, Linda Kawaguchi

Linda Kawaguchi

The confluence of the crisis in legal education and the evolution of legal information presents the perfect opportunity for law schools to actively decide what the role of the law library should be, and to make considered, deliberate changes based on the best interests of the institution. The Dale E. Fowler School of Law at Chapman University recognized the opportunity to strengthen the institution by creating, essentially, a brand new law library. When I started at Chapman, I began a comprehensive assessment of law library operations; after six months, I recommended a complete reorganization, including the budget, collection, staff, and …


Legal Writing, Therapeutic Jurisprudence, And Professionalism, Shelley Kierstead Jul 2016

Legal Writing, Therapeutic Jurisprudence, And Professionalism, Shelley Kierstead

Shelley M. Kierstead

“Professionalism as a personal characteristic is revealed in an attitude and approach to an occupation that is commonly characterized by intelligence, integrity, maturity, and thoughtfulness.” “Words are the principal tool of lawyers and judges, whether we like it or not.” The quotes above refer to two quintessential aspects of lawyers’ work. First, as members of a self-regulated profession, we must aspire to a level of professionalism that is characterized by intelligence, maturity, and thoughtfulness. Second, regardless of the tasks we undertake, words are critically important to lawyers. Not only must we be able to conduct comprehensive and coherent legal analysis; …


The Integrated Law School Curriculum, Adam Lamparello Nov 2015

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 …


Unleashing The Leader In You: Our Aall Leadership Academy Experience, Meg Butler, Trina Holloway Nov 2015

Unleashing The Leader In You: Our Aall Leadership Academy Experience, Meg Butler, Trina Holloway

Margaret Butler

No abstract provided.


For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon Nov 2015

For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon

Pamela Brannon

No abstract provided.


That's Just The Way It Is: Langille On Law, Allan C. Hutchinson Oct 2015

That's Just The Way It Is: Langille On Law, Allan C. Hutchinson

Allan C. Hutchinson

This article is a defence of the sceptical critique of the legitimacy of law and adjudication. It is a direct reply to the arguments of Professor Brian Langille, whose article "Revolution Without Foundation: The Grammar of Scepticism and Law" appeared in Volume 33 of this Journal. In that article, Langille defended the viability of law, legal discourse and legal critique primarily by attacking the claim that scepticism based on the "indeterminacy of language" can be grounded in the philosophy of Ludwig Wittgenstein. Professor Hutchinson concentrates his spirited response on the indeterminacy of language. He contends that law fails to meet …


Law Schools And Learning Outcomes: Developing A Coherent, Cohesive, And Comprehensive Law School Curriculum, Anthony S. Niedwiecki Sep 2015

Law Schools And Learning Outcomes: Developing A Coherent, Cohesive, And Comprehensive Law School Curriculum, Anthony S. Niedwiecki

Anthony S. Niedwiecki

No abstract provided.


Is Our Students Learning - Using Assessments To Measure And Improve Law School Learning And Performance, 15 Barry L. Rev. 73 (2010), Rogelio A. Lasso Jul 2015

Is Our Students Learning - Using Assessments To Measure And Improve Law School Learning And Performance, 15 Barry L. Rev. 73 (2010), Rogelio A. Lasso

Rogelio A. Lasso

No abstract provided.


Dear Sir/Madam: The Lost Art Of Letter Writing, 19 Perspectives: Teaching Legal Res. & Writing 62 (2010), Maureen Collins Jul 2015

Dear Sir/Madam: The Lost Art Of Letter Writing, 19 Perspectives: Teaching Legal Res. & Writing 62 (2010), Maureen Collins

Maureen B. Collins

No abstract provided.


Drafting New York Civil-Litigation Documents: Part Xliii—Motions For Attorney Fees, Gerald Lebovits Jun 2015

Drafting New York Civil-Litigation Documents: Part Xliii—Motions For Attorney Fees, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, 12 Clinical L. Rev. 441 (2006), Steven D. Schwinn, Michael Millemann Jun 2015

Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, 12 Clinical L. Rev. 441 (2006), Steven D. Schwinn, Michael Millemann

Steven D. Schwinn

In this article, the co-authors argue that legal research and writing (LRW) teachers should use actual legal work to generate assignments. They recommend that clinical and LRW teachers work together to design, co-teach, and evaluate such courses. They describe two experimental courses they developed together and co-taught to support and clarify their arguments. They contend that actual legal work motivates students to learn the basic skills of research, analysis and writing, and thus helps to accomplish the primary goals of LRW courses. It also helps students to explore new dimensions of basic skills, including those related to the development and …


Foreword - A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 207 (1992), Michael P. Seng Jun 2015

Foreword - A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 207 (1992), Michael P. Seng

Michael P. Seng

No abstract provided.


Law And The Argumentative Theory, 90 Or. L. Rev. 837 (2012), Timothy P. O'Neill May 2015

Law And The Argumentative Theory, 90 Or. L. Rev. 837 (2012), Timothy P. O'Neill

Timothy P. O'Neill

Like many law professors, I have coached my share of moot court teams. As you probably know, in most competitions students either choose or are assigned one side of the case to brief. But for the oral argument segment of the competition, students must argue both sides of the case, “on-brief” and “off-brief,” often in alternate rounds. At the end of a competition, with their heads still swimming with arguments and counterarguments, students will sometimes ask, “OK, so can you tell us which is the correct side?” I always say, “Of course I can. . . . The correct side …


Embracing Diversity Through A Multicultural Approach To Legal Education, 1 Charlotte L. Rev. 223 (2009), Julie M. Spanbauer, Katerina P. Lewinbuk May 2015

Embracing Diversity Through A Multicultural Approach To Legal Education, 1 Charlotte L. Rev. 223 (2009), Julie M. Spanbauer, Katerina P. Lewinbuk

Julie M. Spanbauer

No abstract provided.


An Urban Transformation: Oklahoma City University School Of Law Returns To Its Downtown Roots, Lee Peoples Apr 2015

An Urban Transformation: Oklahoma City University School Of Law Returns To Its Downtown Roots, Lee Peoples

Lee Peoples

No abstract provided.


"The Hindrance Of A Law Degree": Justice Kagan On Law And Experience, Laura Krugman Ray Apr 2015

"The Hindrance Of A Law Degree": Justice Kagan On Law And Experience, Laura Krugman Ray

Laura K. Ray

No abstract provided.


Meet My Mentors -- Janet Wallin And Caroline Heriot, Edmund P. Edmonds Mar 2015

Meet My Mentors -- Janet Wallin And Caroline Heriot, Edmund P. Edmonds

Edmund P. Edmonds

In this article, Dean Ed Edmonds describes his relationship with two people who mentored him in his career as a legal librarian.


Closing One Gap But Opening Another?: A Response To Dean Perritt And Comments On The Internet, Law Schools, And Legal Education, Michael Heise Feb 2015

Closing One Gap But Opening Another?: A Response To Dean Perritt And Comments On The Internet, Law Schools, And Legal Education, Michael Heise

Michael Heise

No abstract provided.


Breaking Bad Facts: What Intriguing Contradictions In Fiction Narratives Can Teach Lawyers About Coping With Harmful Evidence, Cathren Page Feb 2015

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. …


Creating A Legal Research Audit: Assessing Competency, Mary Jenkins, Gail A. Partin, Sally Wise Jan 2015

Creating A Legal Research Audit: Assessing Competency, Mary Jenkins, Gail A. Partin, Sally Wise

Gail A. Partin

No abstract provided.