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University of Maryland Francis King Carey School of Law

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Articles 1 - 30 of 94

Full-Text Articles in Legal Profession

Professional Judgment In An Era Of Artificial Intelligence And Machine Learning, Frank A. Pasquale Jan 2019

Professional Judgment In An Era Of Artificial Intelligence And Machine Learning, Frank A. Pasquale

Faculty Scholarship

Though artificial intelligence (AI) in healthcare and education now accomplishes diverse tasks, there are two features that tend to unite the information processing behind efforts to substitute it for professionals in these fields: reductionism and functionalism. True believers in substitutive automation tend to model work in human services by reducing the professional role to a set of behaviors initiated by some stimulus, which are intended to accomplish some predetermined goal, or maximize some measure of well-being. However, true professional judgment hinges on a way of knowing the world that is at odds with the epistemology of substitutive automation. Instead of ...


A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank A. Pasquale Jan 2018

A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


Preparing Law Students In The Wake Of #Metoo, Paula A. Monopoli Jan 2018

Preparing Law Students In The Wake Of #Metoo, Paula A. Monopoli

Faculty Scholarship

No abstract provided.


Remarks At The 2017 Hooding Ceremony, Calvin G. Butler Jr. May 2017

Remarks At The 2017 Hooding Ceremony, Calvin G. Butler Jr.

Commencement Speeches

No abstract provided.


Disciplinary Legal Empiricism, Lynn M. Lopucki Mar 2017

Disciplinary Legal Empiricism, Lynn M. Lopucki

Maryland Law Review

This Article reports on an empirical study of one hundred and twenty empirical legal studies published in leading, non-peer-reviewed law reviews and in the peer-reviewed Journal of Empirical Legal Studies. The study is the first to compare studies by disciplinary empiricists—defined as Ph.D. holders—with those by non-disciplinary empiricists—defined as J.D. holders who are not also Ph.D. holders.

The study identifies three differences between disciplinary and non-disciplinary legal empiricism that are relevant to law school faculty hiring decisions. First, because disciplinary empiricists are more likely to collaborate with other disciplinary empiricists, hiring disciplinary empiricists will ...


The Politics Of Professionalism: Reappraising Occupational Licensure And Competition Policy, Sandeep Vaheesan, Frank A. Pasquale Jan 2017

The Politics Of Professionalism: Reappraising Occupational Licensure And Competition Policy, Sandeep Vaheesan, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


A Tribute To The Honorable Lynn A. Battaglia, Mary Ellen Barbera, Andrea Leahy, Thomas E. Lynch Iii, William L. Reynolds Nov 2016

A Tribute To The Honorable Lynn A. Battaglia, Mary Ellen Barbera, Andrea Leahy, Thomas E. Lynch Iii, William L. Reynolds

Maryland Law Review

No abstract provided.


A Tribute To The Honorable Glenn T. Harrell, Jr., Mary Ellen Barbera, James A. Kenney Iii, Steven I. Platt, Robert A. Zarnoch Nov 2016

A Tribute To The Honorable Glenn T. Harrell, Jr., Mary Ellen Barbera, James A. Kenney Iii, Steven I. Platt, Robert A. Zarnoch

Maryland Law Review

No abstract provided.


Gender Bias In The Courtroom: Challenges Confronting Women Litigators And Trial Attorneys, Connie Lee Jan 2016

Gender Bias In The Courtroom: Challenges Confronting Women Litigators And Trial Attorneys, Connie Lee

Student Articles and Papers

This paper examines the gender biases that women trial attorneys and litigators confront in the legal profession. Specifically, this paper analyzes how such biases undermine our legal system by attacking principles of fairness and equity and, consequently, jeopardizing the client's opportunity to be heard and access fair court proceedings.


Book Review: Automating The Professions: Utopian Pipe Dream Or Dystopian Nightmare?, Frank A. Pasquale Jan 2016

Book Review: Automating The Professions: Utopian Pipe Dream Or Dystopian Nightmare?, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


An Interdisciplinary Analysis Of The Use Of Ethical Intuition In Legal Compliance Decisionmaking For Business Entities, Eric C. Chaffee May 2015

An Interdisciplinary Analysis Of The Use Of Ethical Intuition In Legal Compliance Decisionmaking For Business Entities, Eric C. Chaffee

Maryland Law Review

No abstract provided.


The Early Female Jewish Members Of The Maryland Bar: 1920–1929, Deborah Sweet Eyler May 2015

The Early Female Jewish Members Of The Maryland Bar: 1920–1929, Deborah Sweet Eyler

Maryland Law Review

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

Maryland Law Review Online

No abstract provided.


Four Futures Of Legal Automation, Frank A. Pasquale, Glyn Cashwell Jan 2015

Four Futures Of Legal Automation, Frank A. Pasquale, Glyn Cashwell

Faculty Scholarship

Simple legal jobs (such as document coding) are prime candidates for legal automation. More complex tasks cannot be routinized. So far, the debate on the likely scope and intensity of legal automation has focused on the degree to which legal tasks are simple or complex. Just as important to the legal profession, however, is the degree of regulation or deregulation likely in the future.

Situations involving conflicting rights, unique fact patterns, and open-ended laws will remain excessively difficult to automate for an extended period of time. Deregulation, however, may effectively strip many persons of their rights, rendering once-hard cases simple ...


Legal Education In Transition: Trends And Their Implications, Michael A. Millemann, Sheldon Krantz Jan 2015

Legal Education In Transition: Trends And Their Implications, Michael A. Millemann, Sheldon Krantz

Faculty Scholarship

This is a pivotal moment in legal education. Revisions in American Bar Association accreditation standards, approved in August 2014, impose new requirements, including practice-based requirements, on law schools. Other external regulators and critics are pushing for significant changes too. For example, the California bar licensing body is proposing to add a practice-based, experiential requirement to its licensing requirements, and the New York Court of Appeals, New York’s highest court, is giving third-year, second semester students the opportunity to practice full-time in indigent legal services programs and projects. Unbeknown to many, there have been significant recent changes in legal education ...


Assessing Experiential Learning, Jobs And All: A Response To The Three Professors, Robert J. Condlin Jan 2015

Assessing Experiential Learning, Jobs And All: A Response To The Three Professors, Robert J. Condlin

Faculty Scholarship

Does clinical practice experience improve a law student’s chances of getting a legal job? If not, would it, if employers were given better information about that experience? And if not, are there other reasons to justify a law school’s decision to fund a clinical program? The answer to the first two questions is almost certainly no. For many reasons—the uneven and situation-driven nature of clinical practice experience, the Delphic quality of practice evaluations, the availability of more effective in-house training options, and the like—most private law firms prefer to trust conventional academic credentials more than practice ...


Infusing Technology Skills Into The Law School Curriculum, Simon Canick Jan 2014

Infusing Technology Skills Into The Law School Curriculum, Simon Canick

Faculty Scholarship

Legal education has never considered technological proficiency to be a key outcome. Law professors may debate the merits of audiovisual teaching tools: do they work when they should?; do they facilitate learning objectives or are they just toys?; whom should they call when something breaks?; and so on. Teachers use course management sites like TWEN and Blackboard to share information and manage basic course functions. Many fear that laptops and other devices distract students in class, and some institute outright bans. Among many law teachers, technology is warily accepted, but only for the purpose of achieving traditional educational objectives.

What ...


Encouraging The Development Of "Low Bono" Law Practices, Luz E. Herrera Jan 2014

Encouraging The Development Of "Low Bono" Law Practices, Luz E. Herrera

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Justadvice: Studying Law In Snapshots, Brenda Bratton Blom, Leigh Maddox Aug 2013

Justadvice: Studying Law In Snapshots, Brenda Bratton Blom, Leigh Maddox

Faculty Scholarship

Access to legal services continues to be a critical need in the United States. Clinical programs in law schools are part of responding to the demand for these services, but often face the challenge of filling gaps left by larger programs serving the poor or responding to unique legal needs. JustAdvice was designed to provide limited advice to a broad range of people with legal needs, unbundling those services where possible. The story of the development, implementation and transformation of the program into a teaching, triage and referral system that importantly links multiple organizations and services is the core of ...


Law And Leadership: Integrating Leadership Studies Into The Law School Curriculum, Paula A. Monopoli, Susan Mccarty Jan 2013

Law And Leadership: Integrating Leadership Studies Into The Law School Curriculum, Paula A. Monopoli, Susan Mccarty

Book Gallery

Leadership includes the ability to persuade others to embrace one’s ideas and to act upon them. Teaching law students the art of persuasion through advocacy is at the heart of legal education. But historically law schools have not included leadership studies in the curriculum. This book is one of the first to examine whether and how to integrate the theory and practice of leadership studies into legal education and the legal profession. Interdisciplinary in its scope, with contributions from legal educators and practitioners, the book defines leadership in the context of the legal profession and explores its challenges in ...


Reflections On Team Production In Professional Schools And The Workplace, Robert J. Rhee Jan 2013

Reflections On Team Production In Professional Schools And The Workplace, Robert J. Rhee

Faculty Scholarship

No abstract provided.


Toward "Seamless" Solutions For Students Jan 2013

Toward "Seamless" Solutions For Students

Maryland Carey Law

An interview with Susan L. Krinsky, Associate Dean for Students and Student Services


Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh M. Rathold, Deborah M. Weissman Jan 2013

Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh M. Rathold, Deborah M. Weissman

University of Maryland Law Journal of Race, Religion, Gender and Class

"Promoting Language Access in the Legal Academy," details the progress made by the legal profession in meeting the needs of individuals with limited English language proficiency. The authors outlines the current need, summarizes various approaches taken by law schools, and emphasizes the value of training bilingual law students as well as mobilizing a cadre of undergraduate interpreters.


Why Environmental Law Clinics?, Adam Babich, Jane F. Barrett Jan 2013

Why Environmental Law Clinics?, Adam Babich, Jane F. Barrett

Faculty Scholarship

The law clinic has become an increasingly important part of legal education, giving students the opportunity to learn practical skills as well as to internalize core legal values. Pedagogical concerns preclude clinics from letting fear of criticism drive decisions about how they represent clients. The legal profession's idealistic aspirations pose challenges, and political attacks have answered clinicians' efforts to live up to these aspirations. An error underlies such attacks, however: holding lawyers responsible for their clients' legal positions despite the profession's duty to ensure that such positions get a fair hearing.


Teaching Business Law Through An Entrepreneurial Lens, Michelle M. Harner Jan 2013

Teaching Business Law Through An Entrepreneurial Lens, Michelle M. Harner

Journal of Business & Technology Law

The legal market has changed. Although change creates uncertainty and fear, it also can create opportunity. This essay explores the opportunity for innovation in the business law curriculum, and the role of simulation to help create more practice-aware new lawyers.


A Lawyer For John Doe: Alternative Models For Representing Maryland's Middle Class, Lucy B. Bansal Jan 2013

A Lawyer For John Doe: Alternative Models For Representing Maryland's Middle Class, Lucy B. Bansal

University of Maryland Law Journal of Race, Religion, Gender and Class

"A Lawyer for John Doe," explores the growing disparity between the legal services available to the upper class and the poor in the state of Maryland. The article offers four models or solutions that creatively show different ways in which middle class citizens can obtain adequate and substantive legal representation for issues that specifically concern them.


Touched By Greatness, Shruti Rana Jan 2012

Touched By Greatness, Shruti Rana

Faculty Scholarship

No abstract provided.


Case Studies And The Classroom: Enriching The Study Of Law Through Real Client Stories, Michael Millemann Jan 2012

Case Studies And The Classroom: Enriching The Study Of Law Through Real Client Stories, Michael Millemann

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Gender And Securities Law In The Supreme Court, Lyman Johnson, Michelle M. Harner, Jason A. Cantone Jan 2012

Gender And Securities Law In The Supreme Court, Lyman Johnson, Michelle M. Harner, Jason A. Cantone

Faculty Scholarship

The 2010 appointment of Elena Kagan to the United States Supreme Court meant that, for the first time, three female justices would serve together on that court. Less clear is whether Justice Kagan’s gender will really matter in how she votes as a justice. This question is an especially visible aspect of a larger issue: do female judges display gendered voting patterns in the cases that come before them?

This article makes a novel contribution to the growing literature on female voting patterns. We investigated whether female justices on the United States Supreme Court voted differently than, or otherwise ...


The Case For Value Billing In Chapter 11, Nancy B. Rapoport Jan 2012

The Case For Value Billing In Chapter 11, Nancy B. Rapoport

Journal of Business & Technology Law

No abstract provided.