Legal Profession Commons^™

Still Writing At The Master’S Table: Decolonizing Rhetoric In Legal Writing For A “Woke” Legal Academy, 21 The Scholar 255 (2019), Teri A. Mcmurtry-Chubb

UIC Law Open Access Faculty Scholarship

No abstract provided.

Write Like A Patent Litigator: Avoid Common Mistakes Made By Non-Patent Lawyers, 17 J. Marshall Rev. Intell. Prop. L. 141 (2017), Ted L. Field

UIC Review of Intellectual Property Law

Following, or not following, conventions as an attorney may lead to a question of credibility. Particularly with patent law, there are certain conventions and usage errors commonly made by practitioners who are not familiar with patent law. While these errors may be irrelevant in plain English, they are often important components in the specialized language of patent law. This article discusses the importance of these components by examining examples of particular usages that often give rise to error.

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

UIC Law Open Access Faculty Scholarship

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 …

Incorporating Social Justice Into The Law School Curriculum With A Hybrid Doctrinal/Writing Course, 50 J. Marshall L. Rev. 221 (2017), Rosa Castello

UIC Law Review

Educating future lawyers is about more than just teaching them substantive law. We are preparing professionals who will go out into our world and shape and affect it in deep and impacting ways. They will make law, enforce law, determine policy, defend people, advocate, and influence lives and businesses. Therefore, any thorough law school education should teach social justice and encourage students to become more engaged in activism. One way to incorporate social justice into the law school curriculum is to offer specific courses focused on social justice. However, administrators may be concerned about demand for such classes or ability …

Who’S Gonna Take The Weight: Using Legal Storytelling To Ignite A New Generation Of Social Engineers, 50 J. Marshall L. Rev. 231 (2017), Camille Lamar Campbell

UIC Law Review

So I ask the rhetorical question: “Who’s Gonna Take the Weight?” to mobilize law professors—the people responsible for shaping students’ professional identities—to use storytelling techniques to overcome the corrosive effects of stereotypes and implicit biases on controversial clients’ access to legal services and on the lawyer’s professional identity as a social engineer. This article precedes in two parts. Part II explores traditional client selection models and endorses a Houstonian approach to client selection, one that acknowledges the challenges of representing controversial clients within a framework that also acknowledges the social justice consequences of denying representation to controversial clients. Part III …

Beyond The ‘Resiliency’ And ‘Grit’ Narrative In Legal Education: Race, Class, And Gender Considerations, 50 J. Marshall L. Rev. 271 (2017), Christian Sundquist

UIC Law Review

The narrative on modifying legal education to produce entrepreneurial students with resiliency and “grit,” however, often has a troubling class and race-regarding dimension. This Essay argues that the “grit” reform initiative has the potential to rationalize future disparities, by shifting the focus from responding to the continuing impact of poverty and identity bias on student outcomes to bolstering individual character traits and resiliency. Our country has a long and troubling history of adopting such post-oppression “distancing moves” in order to discount the effect that systemic bias has on inequality, including disparate legal outcomes, by focusing solely on personal responsibility and …

“Who Is Really Deciding Your Case?” A Path To Restore Judicial Independence And Impartiality After Citizens United, 51 J. Marshall L. Rev. 167 (2017), Anthony Morelli

UIC Law Review

No abstract provided.

Law Schools And Learning Outcomes: Developing A Coherent, Cohesive, And Comprehensive Law School Curriculum, 64 Clev. St. L. Rev. 661 (2016), Anthony Niedwiecki

UIC Law Open Access Faculty Scholarship

This Article will detail a process that law schools can use to comply with the ABA Standards requiring schools develop their learning outcomes for the entire institution, academic programs, and courses. At the same time, this process can be used as a roadmap for curricular review and planning. As an example, this Article will use the steps that The John Marshall Law School took to review and change its professional skills curriculum. Part I will outline the accreditation requirements for developing and publishing learning outcomes. Part II of the Article will provide an overview of the process of curricular planning …

Prepared For Practice? Developing A Comprehensive Assessment Plan For A Law School Professional Skills Program, 50 U.S.F. L. Rev. 245 (2016), Anthony Niedwiecki

UIC Law Open Access Faculty Scholarship

The new ABA Standards and Rules of Procedure for Approval of Law Schools (“ABA Standards”) require law schools to develop and publish learning outcomes that explicitly state what they want their students to be able to do and know upon completion of the law school curriculum. The ABA Standards also require that law schools develop a plan to assess these learning outcomes through course assessment, programmatic assessment,and institutional assessment.In addition to the ABA, regional accreditors of higher education also require that universities and law schools have an extensive learning outcome and assessment plan.These requirements essentially ask schools to …

Enhancing Justice Administration In Nigeria Through Information And Communications Technology, 32 J. Marshall J. Info. Tech. & Privacy L. 89 (2016), Halima Doma

UIC John Marshall Journal of Information Technology & Privacy Law

The end of the twentieth century brought about the system of In-formation Communication Technologies (“ICT”) which represents the start of a new era. Communication is faster and more efficient than ever before. As a result, the world is brought closer together. Our means of communication and social interactions have changed dramatically. Due to the technological communication advances, we are no longer tied to our desks to make phone calls or have to travel thousands of miles for meetings. ICT enables us to contact friends, family and business colleagues at the touch of a button whatever the time, wherever the place. …

Experiencing Experiential Education: A Faculty-Student Perspective On University Of Tennessee College Of Law’S Adventure In Access To Justice Author, 50 J. Marshall L. Rev. 11 (2016), Robert Blitt, Reece Brassler

UIC Law Review

No abstract provided.

Crisis And Trigger Warnings: Reflections On Legal Education And The Social Value Of The Law, 90 Chi.-Kent L. Rev. 615 (2015), Kim D. Chanbonpin

UIC Law Open Access Faculty Scholarship

This Essay begins by understanding the law school crisis through the framework of disaster capitalism. This framing uncovers the ways in which reformers are taking advantage of the current crisis to restructure legal education. Under the circumstances, faculty may reasonably read the contemporaneous student-led movement to require trigger warnings in the classroom as an assault on academic freedom. This reading, however, clouds the water. Part II attempts to clear the confusion by decoupling the trigger-warning movement from the broader phenomenon of law school corporatization. Trigger-warning demands might alternatively be read as a student critique of traditional law school pedagogy. Especially …

Apuntes Sobre Aponte Y La Necesidad De Actualizar El Código De Ética Profesional, 84 Rev. Jur. U.P.R. 49 (2015), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

De vez en cuando, nuestro Tribunal Supremo se da a la Tarea de reescribir estatutos para corregir sus deficiencias, y de esta manera decidir casos en la forma que prefiere. En In re Aponte Duchesne, el cual fue decidido en julio de 2014, el Tribunal lo hizo en el proceso de imponer sanciones a una abogada por conducta contraria a la ética profesional. Aunque, en última instancia, la decisión es correcta, el Tribunal comete varios errores en su explicación sobre el Derecho aplicable. Además, su interpretación no se basa en el texto de los cánones de ética aplicables, …

The Ethical Implications Of Cloud Computing For Lawyers, 31 J. Marshall J. Info. Tech. & Privacy L. 71 (2014), Stuart Pardau, Blake Edwards

UIC John Marshall Journal of Information Technology & Privacy Law

This paper aims to isolate the pertinent ethical issues of cloud computing and chart a sensible path forward for lawyers. Part II briefly introduces the concept of cloud computing. Part III discusses the lawyer‟s duties of confidentiality, of competence, to protect client property, and to oversee non-lawyers who are providing assistance. Part III also examines the application of these duties by the various state bar associations to the problem of cloud computing. Part IV looks at sample terms of use of some of the more popular vendors. Part V suggests that securing informed consent, employing specialty cloud providers, and purchasing …

Using A Cultural Lens In The Law School Classroom To Stimulate Self-Assessment, 48 Gonz. L. Rev. 365 (2013), Julie M. Spanbauer

UIC Law Open Access Faculty Scholarship

The American Bar Association is exerting pressure on United States law schools to improve teaching effectiveness by shifting the evaluation of student learning away from input measures to focus upon output-based assessments. Yet, many legal educators appear to be resistant to and fearful of change, in part, perhaps, due to their comfort with teaching methods such as the Socratic or case-dialogue approach, which demands little accountability for teaching effectiveness and provides more time for the pursuit of the traditional goals of scholarly productivity. This method of teaching as currently utilized in law schools is also innately professor-centric performance art. The …

A Good Step In The Right Direction: Illinois Eliminates The Conflict Between Attorneys And Guardians, 38 J. Legal Prof. 161 (2013), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

Waiving Goodbye To A Fundamental Right: Allocation Of Authority Between Attorneys And Clients And The Right To A Public Trial, 38 J. Legal Prof. 1 (2013), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

Survey Of Illinois Law: Waiver Of The Attorney-Client Privilege And Work Product Protection, 37 S. Ill. U. L.J. 825 (2013), Ralph Ruebner, Katarina Durcova

UIC Law Open Access Faculty Scholarship

Effective January 1, 2013, two new Illinois Supreme Court rules clarify and limit the waiver of the attorney-client privilege and work product protection rule. Illinois Rule of Evidence 502 ("IRE 502"), which spells out the limitations on waiver, is accompanied by a "clawback provision" in Illinois Supreme Court Rule 201(p) ("Rule 201(p)") that details the procedural steps a disclosing party should take to successfully assert the privilege following an inadvertent discovery disclosure. Additionally, these changes clarify the mandatory duty of the receiving party. IRE 502 was modeled on Federal Rule of Evidence 502 ("FRE 502") and Rule 201(p) was modeled …

It's Not Just For Death Cases Anymore: How Capital Mitigation Investigation Can Enhance Experiential Learning And Improve Advocacy In Law School Non-Capital Criminal Defense Clinics, 50 Cal. W. L. Rev. 31 (2013), Hugh Mundy

UIC Law Open Access Faculty Scholarship

As this article proposes, law school criminal defense clinics provide an excellent environment to design and implement a non-capital mitigation investigation protocol based on the techniques used in death penalty cases. From a pedagogical perspective, such a model promotes student development of foundational lawyering skills and values, especially in the vital area of “narrative thinking characteristic of everyday practice.” From a pragmatic standpoint, creation of a mitigation investigation model benefits clinic clients and boosts the likelihood that similar investigative methods will become a staple of the student's post-graduate practice.

Part I charts the evolution of capital mitigation investigation and highlights …

Right To Counsel Denied: Confusing The Roles Of Lawyers And Guardians, 43 Loy. U. Chi. L.J. 833 (2012), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

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

UIC Law Open Access Faculty Scholarship

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 …

Recent Developments In The Law Of Lawyering: The New Illinois Rules Of Professional Conduct, 42 Loy. U. Chi. L.J. 391 (2011), Alberto Bernabe

UIC Law Open Access Faculty Scholarship

No abstract provided.

Good But Not Great: Improving Access To Public Records Under The D.C. Freedom Of Information Act, 13 D.C. L. Rev. 359 (2010), Margaret B. Kwoka, Melissa Davenport

UIC Law Open Access Faculty Scholarship

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

UIC Law Open Access Faculty Scholarship

No abstract provided.

Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, 28 J. Marshall J. Computer & Info. L. 217 (2010), Michael N. Widener

UIC John Marshall Journal of Information Technology & Privacy Law

Heaping scholarship fills the academic print and online press about where legal scholars should publish and how to have one’s paper accepted for publication. But there is scarce writing about the contractual relationship between the law journal and the author of an accepted paper. This may be due in part to broadly misconstrued or ignored publication agrees, or perhaps that the business relationship is unworthy of scholarly attention. Regardless, this paper introduces a pragmatist’s perspective on evaluating and revising publication agreements, and informs student editors how publication agreements accomplish a journal’s objectives, based on current copyright law. Finally, this paper …

Jurisprudence: A Beginner's Simple And Practical Guide To Advanced And Complex Legal Theory, 2 The Crit: Critical Stud. J. 62 (2009), Allen R. Kamp

UIC Law Open Access Faculty Scholarship

No abstract provided.

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

UIC Law Open Access Faculty Scholarship

No abstract provided.

Foreword - Alinsky Conference, 42 J. Marshall L. Rev. Xxv (2009), Walter J. Kendall Iii

UIC Law Review

No abstract provided.

Cognition And Star Trek™: Learning And Legal Education, 42 J. Marshall L. Rev. 959 (2009), Kate E. Bloch

UIC Law Review

No abstract provided.

The Case That There Is A Common Law Duty Of Notaries Public To Create And Preserve Detailed Journal Records Of Their Official Acts, 42 J. Marshall L. Rev. 231 (2009), Michael L. Closen, Charles N. Faerber

UIC Law Review

No abstract provided.