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Legal Profession Commons

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2010

Selected Works

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Articles 1 - 28 of 28

Full-Text Articles in Legal Profession

Legal Ethics In China: Reflections On The Formation Of Professional Identity, Judith Mcmorrow Dec 2010

Legal Ethics In China: Reflections On The Formation Of Professional Identity, Judith Mcmorrow

Judith A. McMorrow

The Chinese legal profession has grown rapidly in the last 30 years. This talk discussed the challenge of creating norms of attorney conduct (legal ethics) in a fragile and young legal system. The second part of the talk used ongoing research on the formation of professional identity.


Conference Chair: What Legal Employers Want...And Really Need, E. Joan Blum Dec 2010

Conference Chair: What Legal Employers Want...And Really Need, E. Joan Blum

E. Joan Blum

Planned and organized conference of over 50 law faculty and legal employers from Massachusetts and beyond to address the question of what makes a lawyer "practice-ready" and how the legal academy and legal employers should allocate this responsibility.


Conference Co-Organizer And Moderator, What Legal Employers Want... And Really Need, Elisabeth Keller Dec 2010

Conference Co-Organizer And Moderator, What Legal Employers Want... And Really Need, Elisabeth Keller

Elisabeth Keller

Planned, organized, and moderated panel at conference of over 50 law faculty and legal employers to address the question of what makes a lawyer "practice-ready" and how the legal academy and legal employers should allocate this responsibility.


Nuts And Bolts Of Teaching--Using A Range Of Teaching Methodologies In The Classroom, Jane Gionfriddo Dec 2010

Nuts And Bolts Of Teaching--Using A Range Of Teaching Methodologies In The Classroom, Jane Gionfriddo

Jane Kent Gionfriddo

No abstract provided.


Panelist: Workshop For New Legal Writing Faculty: Role Of Legal Writing Faculty In Technology-Driven Legal Research Instruction, E. Joan Blum Dec 2010

Panelist: Workshop For New Legal Writing Faculty: Role Of Legal Writing Faculty In Technology-Driven Legal Research Instruction, E. Joan Blum

E. Joan Blum

No abstract provided.


Lessons From China, Judith Mcmorrow Nov 2010

Lessons From China, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.


Drafting Mediated Agreements In Summary Process, Alan Minuskin Sep 2010

Drafting Mediated Agreements In Summary Process, Alan Minuskin

Alan D. Minuskin

Mediating landlord-tenant disputes is challenging work, but because of the inherent complexity of the law, particularly procedural requirements, the drafting of a mediated agreement demands both legal and verbal agility. The consequence of mistakes is the unraveling of a carefully constructed accord. Technique that takes into consideration both legal requirements and human behavior is necessary to prevent further disputes.


Plea Bargainng, Discovery, And Waivers, R. Michael Cassidy Sep 2010

Plea Bargainng, Discovery, And Waivers, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


Basic Housing Law In Massachusetts, Alan Minuskin Aug 2010

Basic Housing Law In Massachusetts, Alan Minuskin

Alan D. Minuskin

No abstract provided.


Leadership And Change In The Public Interest, Evangeline Sarda Aug 2010

Leadership And Change In The Public Interest, Evangeline Sarda

Evangeline Sarda

No abstract provided.


Legal Ethics In China, Judith Mcmorrow Jun 2010

Legal Ethics In China, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.


The Law Of Surrogacy, Alan Minuskin Apr 2010

The Law Of Surrogacy, Alan Minuskin

Alan D. Minuskin

Professionals who work with elders, as well as elders themselves, need to know fundamentally what devices are available under local law to help protect and advance the rights of a potentially unavailable or incapacitated person. The law on these matters is clear, but the ethical implications are messy.


Challenges In Mediating Landlord-Tenant Disputes, Alan Minuskin Mar 2010

Challenges In Mediating Landlord-Tenant Disputes, Alan Minuskin

Alan D. Minuskin

Mediating landlord-tenant disputes presents many of the same mixture of interpersonal, legal, factual, strategic, and ethical dimension as other community-leve disputes, like family and employment mediation. The law is complex, the relationships between the parties are ongoing and may survive the dispute. A special skill set is needed to perform this work effectively.


The Why Of It: Langdell's Generation Speaks To Today's Law Sudents, David S. Dehorse Mar 2010

The Why Of It: Langdell's Generation Speaks To Today's Law Sudents, David S. Dehorse

David S. DeHorse

I belive this portrayal of the Case System of Legal Study will be invaluable to every student entering law school, and most of those who have completed their 1L year. Frankly, most practicing lawyers would probably benefit by a reading. I've been told it's a "good read." Hope you'll agree.


Panelist, Developments In Criminal Procedure, R. Michael Cassidy Dec 2009

Panelist, Developments In Criminal Procedure, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless Dec 2009

Fitting The Formula For Judicial Review: The Law-Fact Distinction In Immigration Law, Rebecca Sharpless

Rebecca Sharpless

The ill-defined law-fact distinction often stands as the gatekeeper to judicial review of an agency deportation order, restricting non-citizens facing deportation to raising only questions of law when appearing before an appellate court. The restriction on review most affects cases whose dispositions typically turn on the resolution of factual issues, including claims under Article 3 of the Convention Against Torture and claims for discretionary relief from deportation like cancellation of removal. Convention Against Torture claims, for example, often involve extensive fact-finding on the part of the immigration judge regarding conditions in the applicant’s home country and the applicant’s personal circumstances. …


Lawyers And Fundamental Moral Responsibility, R. Michael Cassidy, Daniel Coquillette, Judith Mcmorrow Dec 2009

Lawyers And Fundamental Moral Responsibility, R. Michael Cassidy, Daniel Coquillette, Judith Mcmorrow

R. Michael Cassidy

The materials in this book are organized around specific problems designed to encourage and focus class discussion. There are two other inherent organizing principles of the materials in this book. First, the philosophical materials are in the rough order in which the ideas themselves evolved in the history of philosophy. The materials have been revised since the book first was published in 1995 to address some of the burning ethical problems of our day, including terrorism, national security, and abuse of government power. The Second Edition also is reorganized to assist students to better appreciate philosophical theories underpinning discourse about …


Professional Responsibility, James Moliterno Dec 2009

Professional Responsibility, James Moliterno

James E. Moliterno

No abstract provided.


Understanding Legal Malpractice Insurance And Client Protection, Susan Fortney Dec 2009

Understanding Legal Malpractice Insurance And Client Protection, Susan Fortney

Susan S. Fortney

No abstract provided.


Introduction To Law, Law Study, And The Lawyer's Role, James Moliterno, Fredric Lederer Dec 2009

Introduction To Law, Law Study, And The Lawyer's Role, James Moliterno, Fredric Lederer

James E. Moliterno

No abstract provided.


Massachusetts Legal Research, E. Joan Blum Dec 2009

Massachusetts Legal Research, E. Joan Blum

E. Joan Blum

Massachusetts Legal Research is a concise guide to researching Massachusetts law and to the general process of legal research. Its intended audience includes law students as well as practitioners and paralegals. Extensive treatment of the research process—with Massachusetts and federal examples—makes this book suitable as a stand-alone text for an introductory legal research course. Chapters discussing how to locate and use specific Massachusetts sources make this book a useful quick reference guide for the Massachusetts lawyer or paralegal.


Comprehensive Law: Transformative Responses By The Legal Profession, Susan Daicoff Dec 2009

Comprehensive Law: Transformative Responses By The Legal Profession, Susan Daicoff

Susan Daicoff

No abstract provided.


It's All About The People: Creating A "Community Of Memory" In Civil Procedure Ii, Part One, Jennifer E. Spreng Dec 2009

It's All About The People: Creating A "Community Of Memory" In Civil Procedure Ii, Part One, Jennifer E. Spreng

Jennifer E Spreng

In Fall 2008, a nascent classroom community emerged among my Civil Procedure students, teaching assistants and I. That term’s adventure eventually became the vital “past” for the fully formed community that would knit students of future classes together as one.

The genesis of this early classroom community was my ideal of “the good lawyer” as the small-firm or small-jurisdiction practitioner I had known as a seven-year solo practitioner in a town of 50,000 people. That ideal was a combination of “the rhythms of the law” that run throughout the specialties; a more respectful and less stratified model of professionalism, and …


'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107., Sara L. Kimble Dec 2009

'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107., Sara L. Kimble

Sara L Kimble

No abstract provided.


Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark E. Burge Dec 2009

Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark E. 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 …


Régimen De Prisión Preventiva En América Latina: La Pena Anticipada, La Lógica Cautelar Y La Contrarreforma / Pre-Trial Detention Regime In Latin America: The Pre-Trial Punishment, Flight Risk And The Counter Reform, Claudio Fuentes Maureira Dec 2009

Régimen De Prisión Preventiva En América Latina: La Pena Anticipada, La Lógica Cautelar Y La Contrarreforma / Pre-Trial Detention Regime In Latin America: The Pre-Trial Punishment, Flight Risk And The Counter Reform, Claudio Fuentes Maureira

Claudio Fuentes Maureira

One of the main reasons that justified the criminal procedure reform in Latin America was the possibility to overcome and changed different practices that were very problematic. One of these complex situations was the excessive use of pre-trial detention in the context of criminal investigations; in particular, the abuse of this institution had a dangerous outcome when it comes to the protection of the human rights of the detainees.

From the mid 90’s onwards, most of the Latin American countries started a reform of their criminal institutions and proceedings. A considerable portion of the legal framework was heavily modified in …


Transnational Legal Practice 2009, Laurel S. Terry, Carole Silver, Ellyn Rosen Dec 2009

Transnational Legal Practice 2009, Laurel S. Terry, Carole Silver, Ellyn Rosen

Laurel S. Terry

This article identifies some of the most important U.S. and international developments in transnational legal practice and provides citations for further research. The article begins by briefly reviewing the impact of the recession on legal services. The second section focuses on international developments. It identifies some of the ongoing efforts to implement the 2007 U.K. Legal Services Act, including the issuance of the influential Hunt and Smedley reports. It also provides information about law reform initiatives in France, Scotland and Korea. This section of the article also provides information about Canadian and Australian developments regarding admission of foreign applicants and …


N.Y. Rules Of Prof. Conduct: Law & Prac. (2 Vols.), Gerald Lebovits Dec 2009

N.Y. Rules Of Prof. Conduct: Law & Prac. (2 Vols.), Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.