Legal Profession Commons^™

Viewpoint: Post-Feminist Legal Profession? Not So Fast, Drucilla S. Ramey

Publications

Just the other day I had occasion to dine with a group of remarkable women of a certain age who had recently been featured by this newspaper as "Women Leaders in the Law: Blazing the trail for 35-plus years." Right there you knew, of course, that these were women who had stayed the course, who had early and often resisted the siren call of a more conventional path, and who collectively called to mind the rallying cry of an earlier time: "This is what a feminist looks like."

Having individually and together fought their way to the top of their …

A Comparative Analysis Of Judicial Selection Methods In Tennessee And Kentucky: Appointed V. Elected, Eileen M. Forsythe

Mahurin Honors College Capstone Experience/Thesis Projects

This thesis explores the relationship between judicial independence and judicial accountability by investigating the question of how selection methods shape state appellate court decisions. I conducted a case study using the states of Tennessee and Kentucky and the judicial selection methods of appointments and elections. I then conducted a sample of cases and did a comparative quantitative analysis of reversal records between the two states in the hopes of finding a statistical difference from my research. The debate between judicial selection methods is not a simple question and this thesis alone cannot provide the answer, but I hope that my …

Practice-Ready: The False Dichotomy Between Theory And Practice, Martin J. Katz

Sturm College of Law: Faculty Scholarship

The leaders in education reform understand that the goal is to create multi-faceted and balanced graduates – those who not only understand the law at a deep level, but also know how to use the law to solve their clients’ problems. Yes, it is probably important for a future litigator to understand how to take a deposition. But if we teach that skill, it is not instead of teaching the doctrine that will support the theory of the case (and the ability to research and understand that doctrine), or even the theory behind the doctrine, which would allow the graduate …

Buxbaum To Oversee Indiana-Bloomington While Robel Away

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.

Buxbaum Named Iu Maurer School Of Law Interim Dean

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.

Buxbaum Named Interim Dean Of Iu Maurer School Of Law

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.

Law Dean Named Interim Provost, Kourtney Liepelt

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Response To The David Segal Article, November 19, 2011, In New York Times, Martin J. Katz

Sturm College of Law: Faculty Scholarship

As David Segal’s November 19 article accurately reflects, the legal market is changing. Clients are no longer willing to foot the bill for young lawyers’ training, and thus law firms are increasingly looking to the law schools to produce practice-ready graduates.

The good news is that there are clear solutions to the problem, and they are already in motion. A report published in 2007 by the Carnegie Foundation entitled "Education Lawyers" identified precisely the problem described in Mr. Segal’s article and suggested that law schools should address it by developing courses that educate law students on three levels: knowledge, practice …

2011 Woman Of Influence: Lauren K. Robel, Tawn Parent

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

“Impact” In 3d—Maximizing Impact Through Transactional Clinics, Praveen Kosuri

All Faculty Scholarship

In speaking about “impact” clinical legal education, it is almost always exclusively as litigation—innocence projects, representing Guantanamo detainees, human rights concerns, environmental issues. Though these clinical efforts target different societal ills, all try to use the legal system as a catalyst for change. Rarely do clinicians invoke the word “impact” in the same manner in discussing transactional legal work much less transactional clinics. Yet transactional clinics can and do perform impact work. This article describes the current landscape of transactional clinics, the distinct evolution of community economic development clinics from small business and organizations clinics and argues that both can …

Remarks Of Lauren K. Robel President-Elect Association Of American Law Schools, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

Remarks made at the Standards Review Committee Meeting Chicago, Illinois, November 2011.

Why This Time Is Different: The Perfect Storm And The Future Of Legal Education, Martin J. Katz

Sturm College of Law: Faculty Scholarship

When we discuss legal education reform, some of the more jaded members of our community often ask, “Why is this time any different?” They rattle off a list of dust-covered reports about proposed reforms for legal education, often dating back several decades, and wonder how we can be optimistic about the prospects for meaningful reform now.

The answer is that we are in the midst of a perfect storm; one in which several powerful forces are driving law schools toward reform.

A Right To Legal Aid: The Aba Model Access Act In International Perspective, James Maxeiner

All Faculty Scholarship

For over two centuries America has failed to fulfill its revolutionary ideals of bringing equal justice to all. In August 2010 the American Bar Association moved to bring the nation closer to its ideals when it proposed the ABA Model Access Act. The Act would do what the Supreme Court of the United States has refused to do: it would recognize that legal aid in civil litigation is a matter of right and not of charity. The Act is a framework law and leaves many details to be filled in by enacting bodies and by the institutions eventually charged with …

Learning How To Learn: Carnegie's Third Apprenticeship, Laurie Barron

Law Faculty Scholarship

No abstract provided.

Coming Off The Bench: Legal And Policy Implications Of Proposals To Allow Retired Justices To Sit By Designation On The Supreme Court, Lisa T. Mcelroy, Michael C. Dorf

Cornell Law Faculty Publications

In the fall of 2010, Senator Patrick Leahy introduced a bill that would have overridden a New Deal-era federal statute forbidding retired Justices from serving by designation on the Supreme Court of the United States. The Leahy bill would have authorized the Court to recall willing retired Justices to substitute for recused Justices. This Article uses the Leahy bill as a springboard for considering a number of important constitutional and policy questions, including whether the possibility of 4-4 splits justifies the substitution of a retired Justice for an active one; whether permitting retired Justices to substitute for recused Justices would …

Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market, Michele M. Destefano, John C. Coates, Ashish Nanda, David B. Wilkins

Articles

How are relationships between corporate clients and law firms evolving? Drawing on interview and survey data from 166 chief legal officers of S&P 500 companies from 2006-2007, we find that-contrary to standard depictions of corporate client-provider relationships-(1) large companies have relationships with ten to twenty preferred providers; (2) these relationships continue to be enduring, and (3) clients focus not only on law firm platforms and lead partners, but also on teams and departments within preferred providers, allocating work to these subunits at rival firms over time and following "star" lawyers, especially if they move as part of a team. The …

The Law School Firm, Bradley T. Borden, Robert J. Rhee

UF Law Faculty Publications

This Article introduces the concept of the law school firm. The concept calls for law schools to establish affiliated law firms. The affiliation would provide opportunities for students, faculty, and attorneys to collaborate and share resources to teach, research, write, serve clients, and influence the development of law and policy. Based loosely on the medical school model, the law school firm will help bridge the gap between law schools and the practice of law.

The Path Between Sebastian's Hospitals: Fostering Reconciliation After A Tragedy, Jonathan R. Cohen

UF Law Faculty Publications

On October 8, 2007, Horst and Luisa Ferrero brought their healthy but short, three-year-old son Sebastian to a university hospital for a “routine” test to determine whether he lacked human growth hormone. Two days later, following a tragic string of errors, Sebastian was pronounced brain dead. Approximately two weeks later, the hospital offered a detailed public apology to the parents for Sebastian’s death. Several months after the apology, the parents began working collaboratively with the hospital to improve patient safety at the hospital and to advocate for a new children’s hospital in their community. This paper is a case study …

Robel: Preparing For Seamlessly Global Profession, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Amici Curiae Brief Of The Children And Youth Advocacy Clinic In Support Of Appellant. In Re The Dependency Of M.S.R. And T.S.R. V. Luak, No. 85729-6 (Wash. Sept. 16, 2011), Lisa Kelly

Court Briefs

Attorneys in Washington have the resources and established standards to effectively represent children and youth in termination of parental rights ("TPR") proceedings. Children who face TPR proceedings need the type of advice and advocacy that only trained lawyers can provide. While parents, social workers, foster parents, therapists, and guardians ad litem may provide substantial support to dependent children, only lawyers can protect their legal rights in complex adversarial proceedings, especially when all of the other parties are represented by counsel. In the context of a confidential relationship with a lawyer, a dependent child can provide critical information and meaningfully participate …

The Aall Annual Meeting: Always A Learning Experience, Pamela C. Brannon

Faculty Publications By Year

No abstract provided.

Does Legalzoom Have First Amendment Rights? Some Thoughts About Freedom Of Speech And The Unauthorized Practice Of Law, Catherine J. Lanctot

Working Paper Series

At a time of economic dislocation in the legal profession, it is likely that bar regulators will turn their attention to pursuing lay entities that appear to be engaged in the unauthorized practice of law. One prominent target of these efforts is LegalZoom, an online document preparer that has come under increasing pressure from the organized bar for its marketing and sale of basic legal documents. As regulatory pressure against LegalZoom and similar companies continues to mount, it is worth considering whether there may be unanticipated consequences from pursuing these unauthorized practice claims. In several well-known instances, lay people have …

Preserving Field Notes On Songbird Biology At Indiana University, Eric Snajdr, Ellen D. Ketterson

Val Nolan Jr. (1976 Acting; 1980 Acting)

No abstract provided.

A Primer For Teaching Law As An Adjunct Professor, Rachel A. Van Cleave

Publications

After practicing law and perhaps specializing in a particular area for several years, you cannot help but think, "I wish they had taught me [blank] in law school." You start to wonder whether you could teach a class at a local law school. Here are some tips for pursuing such an endeavor.

Val Nolan, Jr.

Val Nolan Jr. (1976 Acting; 1980 Acting)

No abstract provided.

The John E. Schiller Chair In Legal Ethics Inaugural Lecture April 20, 2011 Program

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.

Spring 2011 Magazine

Ergo

No abstract provided.

Sacrificing Quantity For Quality: Better Focusing Prosecutors' Scarce Resources, Stephanos Bibas

All Faculty Scholarship

This short essay responds to Adam Gershowitz’s and Laura Killinger’s article The State (Never) Rests: How Excessive Prosecutorial Caseloads Harm Criminal Defendants. The authors rightly argue that prosecutorial overwork harms justice in any number of ways: it delays cases, frustrates victims, makes it harder to spot and free innocent defendants, and impedes lowering punishments for sympathetic defendants. The root problem, however, is less about underfunding than about skewed priorities and metrics of success. Too often, prosecutors do not think strategically about using their discretion to proactively set priorities and focus on system-wide tradeoffs. Throwing money at the problem would …

Helping Lawyers Help Clients, John M. Lande

Faculty Publications

Counseling clients about dispute resolution options is easier said than done. This article suggests a strategy to help lawyers counsel clients in choosing dispute resolution options. Perhaps the most promising approach involves using dispute systems design (DSD) procedures to establish better ways of training lawyers to counsel clients.

Dean's Column: Kay Kindred, A Nevada "First", Rachel J. Anderson

Scholarly Works

This article documents selected aspects of the life of Professor Kay Kindred, the first female African-American law professor at the William S. Boyd School of Law at the University of Nevada, Las Vegas.