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Articles 1 - 30 of 36
Full-Text Articles in Legal Profession
Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto
Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto
Law Faculty Publications
Ms. Janto provides a practical guide to researching issues of attorney professional responsibilities using both print and online resources, emphasizing Virginia rules and decisions.
Something Bad In Your Briefs, Richard H. Underwood
Something Bad In Your Briefs, Richard H. Underwood
Law Faculty Scholarly Articles
In a profession heavily driven by writing, plagiarism is an ethical issue that plagues the legal community. The legal profession generally views plagiarism as unethical, but often sends mixed messages by condemning it in some settings, but not others. In this short Commentary, Professor Underwood discusses the ethical implications of plagiarism in legal writing.
Who's Looking For "Free" Access?: Legal Databases At The Chase Law Library, Jennifer R. Mart-Rice
Who's Looking For "Free" Access?: Legal Databases At The Chase Law Library, Jennifer R. Mart-Rice
Jennifer Mart-Rice
No abstract provided.
Legal Writing As Good Writing; Tips From The Trenches, Michael A. Zuckerman, Andrey Spektor
Legal Writing As Good Writing; Tips From The Trenches, Michael A. Zuckerman, Andrey Spektor
Michael A. Zuckerman
No abstract provided.
Legal Writing In The Practice-Ready Law School, Gerald Lebovits
Legal Writing In The Practice-Ready Law School, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Creating A Six-Semester Writing Requirement: Using Legal Writing's "Hobble" To Solve Legal Education's Problem", Kristen Konrad Robbins-Tiscione
Creating A Six-Semester Writing Requirement: Using Legal Writing's "Hobble" To Solve Legal Education's Problem", Kristen Konrad Robbins-Tiscione
Kristen Konrad Robbins-Tiscione
The attached article argues that the best way to solve the current crisis in legal education is for law schools to commit to teaching writing by creating a six-semester writing requirement. In a 2011 article published in the Journal of Legal Education, John Lynch urged legal writing faculty to return to an outmoded and ineffective writing pedagogy, the “product approach,” on the grounds that it would make teaching legal writing easier. This article demonstrates that what Lynch calls legal writing’s hobble has become legal education’s problem. By failing to commit to teaching writing, law students are graduating without adequate preparation …
Cat, Cause, And Kant, Richard Peltz-Steele
Cat, Cause, And Kant, Richard Peltz-Steele
Richard J. Peltz-Steele
These are precarious times in which to launch a new law school and a new law review. Yet here we are. The University of Massachusetts is now in its first year of operation with provisional ABA accreditation. This text is a foreword to the first general-interest issue of the University of Massachusetts Law Review. Now marks an appropriate time to take stock of what these institutions mean to accomplish in our unsettled legal world.
Bringing Light To The Halls Of Shadow, Richard J. Peltz-Steele
Bringing Light To The Halls Of Shadow, Richard J. Peltz-Steele
Richard J. Peltz-Steele
Appellate judges operate in the shadows. Though they don’t see it that way. “We are judged by what we write,” said U.S. Supreme Court Justice Anthony Kennedy. True too, court proceedings and records are presumptively open to the public. The West Wing of the White House is certainly not so vulnerable to public scrutiny, and the backrooms of legislative chambers are famously smoke-filled. Yet the parts of court activity that we see and hear seem only to whet our appetite for the rest of the process. In this Preface, the author introduces the subject of the journalist and the court, …
Nine Secrets For Living With Judges , J.P. Vero
Nine Secrets For Living With Judges , J.P. Vero
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Art Of Legal Writing, Thomas E. Spahn
The Art Of Legal Writing, Thomas E. Spahn
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Don't Panic: The Lawyer’S Guide To Making Your Own Mobile App, Jason Tubinis
Don't Panic: The Lawyer’S Guide To Making Your Own Mobile App, Jason Tubinis
Continuing Legal Education Presentations
Provides overview of steps used to create a personal mobile app.
Critical Analysis And Case Study Of [Mmtc Vs. Sterlite Industries Pvt. Ltd.]- Role Of Arbitrators, Yashvardhan Rana
Critical Analysis And Case Study Of [Mmtc Vs. Sterlite Industries Pvt. Ltd.]- Role Of Arbitrators, Yashvardhan Rana
Yashvardhan Rana
Critical analysis and Case study of [MMTC vs. Sterlite Industries Pvt. Ltd.]. Supreme Court of India M.M.T.C. Limited - Versus- Sterlite Industries (India) Ltd. Decided on: 18 November, 1996 Equivalent citations: 1996 IXAD SC 25, 1997 AIHC 605, 1996 (2) ARBLR 705 SC Bench: J Verma, B Kirpal Facts: The agreement between the parties: An agreement was entered into on 14th December, 1993 between the petitioner and the respondent by which the respondent appointed the petitioner as a consignment agent for the storage, handling and marketing of continuous cast copper rods manufactured by the respondent. The agreement provided, in so …
A Dialogue On Jordanian Legal Education, George Critchlow, Nisreen Mahasneh
A Dialogue On Jordanian Legal Education, George Critchlow, Nisreen Mahasneh
George Critchlow
This a readable article about the need for legal education reform in Jordan. It grew out of the experiences, discussions, and shared interests of the co-authors – a Jordanian female law professor and an American male law professor who have worked with the American Bar Association Rule of Law Initiative (ABA ROLI) and Jordanian law faculties to develop strategies for strengthening legal education in Jordan. The article is unusual in that it is presented as a dialogue in order to identify and reflect the authors’ different professional and cultural perspectives. The text is supported by citation to authority in conventional …
Bad Briefs, Bad Law, Bad Markets: Documenting The Poor Quality Of Plaintiffs’ Briefs, Its Impact On The Law, And The Market Failure It Reflects, Scott A. Moss
Scott A Moss
For a major field, employment discrimination suffers surprisingly low-quality plaintiff’s lawyering. This Article details a study of several hundred summary judgment briefs, finding as follows: (1) the vast majority of plaintiffs’ briefs omit available caselaw rebutting key defense arguments, many falling far below basic professional standards with incoherent writing or no meaningful research; (2) low-quality briefs lose at over double the rate of good briefs; and (3) bad briefs skew caselaw evolution, because even controlling for won/loss rate, bad plaintiffs’ briefs far more often yield decisions crediting debatable defenses. These findings are puzzling; in a major legal service market, how …
To Verb Or Not To Verb, Jason G. Dykstra
Judicial Training Programs In Bosnia And The Efficacy Of Rule Of Law Training, E. Joan Blum
Judicial Training Programs In Bosnia And The Efficacy Of Rule Of Law Training, E. Joan Blum
E. Joan Blum
Presentation on personal experience conducting judicial training programs in Bosnia, including observations and recommendations on the efficacy of rule of law training programs.
Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun
Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun
Daniel M Braun
In this new Millennium -- an era of increasingly complex cases -- it is critical that lawyers keep a keen eye on trial strategy and tactics. Although scientific evidence today is more sophisticated than ever, the art of effectively engaging people and personalities remains prime. Scientific data must be contextualized and presented in absorbable ways, and attorneys need to ensure not only that they correctly understand jurors, judges, witnesses, and accused persons, but also that they find the means to make their arguments truly resonate if they are to formulate an effective case and ultimately realize justice. A decades-old case …
Unleashing The Leader In You: Our Aall Leadership Academy Experience, Meg Butler, Trina Holloway
Unleashing The Leader In You: Our Aall Leadership Academy Experience, Meg Butler, Trina Holloway
Faculty Publications By Year
No abstract provided.
They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal
They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal
All Faculty Scholarship
No abstract provided.
Why Punctuation Matters: Part Three, David Spratt
Why Punctuation Matters: Part Three, David Spratt
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Cat, Cause, And Kant, Richard J. Peltz-Steele
Cat, Cause, And Kant, Richard J. Peltz-Steele
Faculty Publications
These are precarious times in which to launch a new law school and a new law review. Yet here we are. The University of Massachusetts is now in its first year of operation with provisional ABA accreditation. This text is a foreword to the first general-interest issue of the University of Massachusetts Law Review. Now marks an appropriate time to take stock of what these institutions mean to accomplish in our unsettled legal world.
Trials And Tribulations, Curtis E.A. Karnow
Trials And Tribulations, Curtis E.A. Karnow
Curtis E.A. Karnow
A collection of practical tips and advice for litigators new to the bar, and for more experienced lawyers wishing to improve the odds of a receptive judge and jury. The advice applies to oral advocacy, trial, trial preparation, and other issues concerning presentation such as interacting with the jury and witnesses, courtroom staff, motions (including in limine motions), handling evidence, simulation and animations. This is the stuff they don’t teach in law school. (Presentation, Bar Assn. Of San Francisco & Barrister's Club, June 2013)
Jurisprudence, Interpretation, And Relevance: How Relevant Is Jurisprudence In Modern Practice?, David C. Bell
Jurisprudence, Interpretation, And Relevance: How Relevant Is Jurisprudence In Modern Practice?, David C. Bell
David C Bell
Jurisprudence and statutory interpretation are distained by law school students and in legal circles outside the academic realm, but both are an integral part of the legal process and as such should be included in all law school education in an effort to turn out practice ready lawyers. This paper will look at the different theories of statutory interpretation, breaking down how the individual theories go about interpretation. The different theories to be analyzed include hermeneutics, textualism, purposive interpretation, dynamic interpretation, liberal interpretation, legal process theory, moral theory, and active liberty. Then the paper will analyze parallels between the interpretation …
Globalisation And Legal Scholarship In Colombia: Petit Commentaire On William Twining’S 2009 Montesquieu Lecture, Marco A. Velásquez-Ruiz
Globalisation And Legal Scholarship In Colombia: Petit Commentaire On William Twining’S 2009 Montesquieu Lecture, Marco A. Velásquez-Ruiz
Marco A. Velásquez-Ruiz
This article explores the challenges facing legal education in Colombia from the standpoint of law as an arguable tool for social change. It addresses the following question: Are the reasoning, content and skills transmitted to students at law schools in Colombia suitable for addressing the challenges of social change? The author considers that the ideas introduced by Professor Twining on the implications of globalisation for the discipline of law provide rich insights for the Colombian case. The article assumes that Twining's arguments relating to the need for instrumental assistance in legal education so as to properly deal with globalisation are …
Student, Esquire?: The Practice Of Law In The Collaborative Classroom, Nantiya Ruan
Student, Esquire?: The Practice Of Law In The Collaborative Classroom, Nantiya Ruan
Nantiya Ruan
Law faculty and non-profit lawyers are working together in a variety of partnerships to offer students exposure to “real life” clients in the first year of law school, as well as in advanced courses in substantive areas. Teachers engaged in client-centered advocacy through experiential frameworks have broken out of their isolated silos in the law school (e.g., legal writing, clinical, externship, and doctrinal) and begun to work together. To help students develop a sense of professional identity, cultivate professional values, and tap into key intrinsic motivations for lawyering, such as serving the public good, collaborative classrooms have an important role …
Thinking, Big And Small, Stephen B. Burbank
Thinking, Big And Small, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Minding The Court: Enhancing The Decision-Making Process, Pamela Casey, Kevin Burke, Steve Leben
Minding The Court: Enhancing The Decision-Making Process, Pamela Casey, Kevin Burke, Steve Leben
Faculty Works
A compelling and growing body of research from the fields of cognitive psychology and neuroscience provides important insights about how we process information and make decisions. This research has great potential significance for judges, who spend much of their time making decisions of great importance to others. For most judges, this research literature is not part of their judicial education. This article reviews cutting edge research about decision making and discusses its implications for helping judges and those who work with them produce fair processes and just outcomes. It builds on a 2007 American Judges Association paper that encouraged judges …
Discovering E-Discovery: A Resources Guide, Timothy L. Coggins
Discovering E-Discovery: A Resources Guide, Timothy L. Coggins
Law Faculty Publications
E-discovery refers to discovery in civil litigation that focuses on the exchange of information in electronic form. Lainie Crouch Kaiser, a litigation attorney with McDermott Will & Emery, writes that “e-Discovery can be used as an umbrella term for both the legal and operational considerations related to how electronically stored information (ESI) is used in the modern day practice of law.”There are many types of ESI, including e-mail and office documents, voicemail, photos, video, and databases. Attorneys and others who write about e-discovery also include “raw data” as discoverable information. Ronald J. Hedges of Nixon Peabody writes that “[t]echnically, documents …
Teaching Law And Digital Age Legal Practice With An Ai And Law Seminar: Justice, Lawyering And Legal Education In The Digital Age, Kevin D. Ashley
Teaching Law And Digital Age Legal Practice With An Ai And Law Seminar: Justice, Lawyering And Legal Education In The Digital Age, Kevin D. Ashley
Articles
A seminar on Artificial Intelligence ("Al") and Law can teach law students lessons about legal reasoning and legal practice in the digital age. Al and Law is a subfield of Al/computer science research that focuses on designing computer programs—computational models—that perform legal reasoning. These computational models are used in building tools to assist in legal practice and pedagogy and in studying legal reasoning in order to contribute to cognitive science and jurisprudence. Today, subject to a number of qualifications, computer programs can reason with legal rules, apply legal precedents, and even argue like a legal advocate.
This article provides a …
The Teaching Of Procedure Across Common Law Systems, Erik S. Knusten, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
The Teaching Of Procedure Across Common Law Systems, Erik S. Knusten, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
Faculty Scholarship
What difference does the teaching of procedure make to legal education, legal scholarship, the legal profession, and civil justice reform? This first of four articles on the teaching of procedure canvasses the landscape of current approaches to the teaching of procedure in four legal systems—the United States, Canada, Australia, and England and Wales—surveying the place of procedure in the law school curriculum and in professional training, the kinds of subjects that “procedure” encompasses, and the various ways in which procedure is learned. Little sustained reflection has been carried out as to the import and impact of this longstanding law school …