Washington University School of Law
University of Nevada, Las Vegas -- William S. Boyd School of Law
Pepperdine University
Fordham University School of Law
Duke Law School
College of William & Mary Law School
Santa Clara University School of Law
Clinical And Experiential Learning In Canadian Law Schools: Current Perspectives,
2018
Faculty of Law, University of Windsor
Clinical And Experiential Learning In Canadian Law Schools: Current Perspectives, Gemma Smyth, Samantha Hale, Neil Gold
Law Publications
What are some of the challenges and possibilities animating modern Canadian clinical and experiential learning in law? This question was the starting point for our research, which examined two sets of data. In the first part of this project, we analyzed available information on existing clinical and experiential learning programs in Canadian law schools. This data revealed a growing quantity and variety of programs across the country. We then held qualitative interviews with deans, professors, and clinicians across Canada regarding their views of clinical and experiential learning. While the interviews suggested that many of the same financial and curricular challenges ...
The Library Of Robert Morris, Civil Rights Lawyer & Activist,
2018
Boston College Law School
The Library Of Robert Morris, Civil Rights Lawyer & Activist, Laurel Davis, Mary S. Bilder
Boston College Law School Faculty Papers
This article analyzes the Robert Morris library, the only known extant, antebellum, African American-owned library. The seventy-five titles, including two unique pamphlet compilations, reveal Morris’s intellectual commitment to full citizenship, equality, and participation for people of color. The article provides a model for the interpretation of small law libraries.
De-Grading Assessment: Rejecting Rubrics In Favor Of Authentic Analysis,
2018
Seattle University School of Law
De-Grading Assessment: Rejecting Rubrics In Favor Of Authentic Analysis, Deborah L. Borman
Seattle University Law Review
Assigning grades is the least joyful duty of the law professor. In the current climate of legal education, law professors struggle with issues such as increased class size, providing “practice-ready” graduates, streamlining assignments, and accountability in assessment. In an effort to ease the burden of grading written legal analyses, individual professors or law school writing programs or both may develop articulated rubrics to assess students’ written work. Rubrics are classification tools that allow us to articulate our judgment of a written work. Rubrics may be as extensive as twenty categories and subcategories or may be limited to only a few ...
Self-Directedness And Professional Formation: Connecting Two Critical Concepts In Legal Education,
2018
University of St. Thomas, Minnesota
Self-Directedness And Professional Formation: Connecting Two Critical Concepts In Legal Education, Larry O. Natt Gantt Ii, Benjamin V. Madison Iii
University of St. Thomas Law Journal
No abstract provided.
Bringing Purposefulness To The American Law School's Support Of Professional Identity Formation,
2018
University of St. Thomas, Minnesota
Bringing Purposefulness To The American Law School's Support Of Professional Identity Formation, Louis D. Bilionis
University of St. Thomas Law Journal
No abstract provided.
Is There Sufficient Human Resource Capacity To Support Robust Professional Identity Formation Learning Outcomes?,
2018
University of St. Thomas School of Law
Is There Sufficient Human Resource Capacity To Support Robust Professional Identity Formation Learning Outcomes?, Jerome M. Organ
University of St. Thomas Law Journal
No abstract provided.
Picturing Professionals: The Emergence Of A Lawyer's Identity,
2018
University of St. Thomas, Minnesota
Picturing Professionals: The Emergence Of A Lawyer's Identity, Barbara Glesner Fines
University of St. Thomas Law Journal
No abstract provided.
Practical Lessons Learned While Building A Required Course For Professional Identity Formation,
2018
University of St. Thomas, Minnesota
Practical Lessons Learned While Building A Required Course For Professional Identity Formation, Danny Dewalt
University of St. Thomas Law Journal
No abstract provided.
Fostering Wholehearted Lawyers: Practical Guidance For Supporting Law Students' Professional Identity Formation,
2018
University of St. Thomas, Minnesota
Fostering Wholehearted Lawyers: Practical Guidance For Supporting Law Students' Professional Identity Formation, Susan L. Brooks
University of St. Thomas Law Journal
No abstract provided.
The Elusive "High Road" For Lawyers: Teaching Professional Responsibility In A Shifting Context,
2018
University of St. Thomas, Minnesota
The Elusive "High Road" For Lawyers: Teaching Professional Responsibility In A Shifting Context, Bryant G. Garth
University of St. Thomas Law Journal
No abstract provided.
The Next Steps Of A Formation-Of-Student-Professional Identity Social Movement: Building Bridges Among The Three Key Stakeholders - Faculty And Staff, Students, And Legal Employers And Clients,
2018
University of St Thomas School of Law
The Next Steps Of A Formation-Of-Student-Professional Identity Social Movement: Building Bridges Among The Three Key Stakeholders - Faculty And Staff, Students, And Legal Employers And Clients, Neil Hamilton
University of St. Thomas Law Journal
No abstract provided.
Massachusetts Attorney's Oath: History That Should Not Be Repeated,
2018
University of Massachusetts School of Law
Massachusetts Attorney's Oath: History That Should Not Be Repeated, Jared A. Picchi
University of Massachusetts Law Review
Massachusetts proudly boasts that it has one of the oldest versions of the Attorney’s Oath in the United States. However, the Oath contains phrases that reflect both gender and religious biases. The use of the masculine form within the text, as well as the reference to God, reflect the nation’s history of intolerance and ignorance. These phrases exclude a large portion of the legal community and act as a distraction from the true purpose of an attorney’s oath, which is to remind incoming lawyers of their ethical obligations. This Article focuses primarily on the need for Massachusetts ...
"It's Not You, It's Your Caseload": Using Cronic To Solve Indigent Defense Underfunding,
2018
University of Michigan Law School
"It's Not You, It's Your Caseload": Using Cronic To Solve Indigent Defense Underfunding, Samantha Jaffe
Michigan Law Review
In the United States, defendants in both federal and state prosecutions have the constitutional right to effective assistance of counsel. That right is in jeopardy. In the postconviction setting, the standard for ineffective assistance of counsel is prohibitively high, and Congress has restricted federal habeas review. At trial, severe underfunding for state indigent defense systems has led to low pay, little support, and extreme caseloads—which combine to create conditions where lawyers simply cannot represent clients adequately. Overworked public defenders and contract attorneys represent 80 percent of state felony defendants annually. Three out of four countywide public defender systems and ...
Volume 1, Issue 2,
2018
James Madison University
Volume 1, Issue 2
International Journal on Responsibility
Contents:
1 – 5 Howard Zehr, Restorative Justice and the Gandhian Tradition.
6 – 34 Richard E. Rubenstein, Responsibility for Peacemaking in the Context of Structural Violence.
35 – 90 Marc Pufong, Terror, Insecurity, State Responsibility and Challenges: Yesterday and Today?
91 – 108 Ron Kraybill, Responsibility, Community and Conflict Resolution in an Age of Polarization.
109 – 136 John Fairfield, Beyond non-violence to courtship.
139 Call for papers for forthcoming issues of the International Journal on Responsibility and instructions for authors.
Better Briefs,
2018
St. Mary's University School of Law
Better Briefs, Lydia Fearing
St. Mary's Journal on Legal Malpractice & Ethics
Abstract forthcoming
Uncharted Waters? Legal Ethics And The Benefit Corporation,
2018
Georgetown University Law Center
Uncharted Waters? Legal Ethics And The Benefit Corporation, Joseph Pileri
St. Mary's Journal on Legal Malpractice & Ethics
Corporate law norms are reflected in lawyers’ ethical duties. The enactment of benefit corporation legislation across the country signals a legislative acknowledgment that corporate law can serve as a public, rather than a merely private, ordering mechanism. Benefit corporations expressly adopt a public benefit as a legal purpose of the enterprise. While many have written about this important development with respect to corporate fiduciary law, this essay is the first to explore the professional and ethical responsibility of lawyers representing benefit corporations. In the last century, as scholars and courts drove an understanding of corporate law that elevated the interests ...
Keep Suing All The Lawyers: Recent Developments In Claims Against Lawyers For Aiding & Abetting A Client’S Breach Of Fiduciary Duty,
2018
South texas College of Law
Keep Suing All The Lawyers: Recent Developments In Claims Against Lawyers For Aiding & Abetting A Client’S Breach Of Fiduciary Duty, Katerina P. Lewinbuk
St. Mary's Journal on Legal Malpractice & Ethics
Lawyers have increasingly become subject to liability under various legal theories, ranging from traditional legal malpractice or negligence liability claims to various third-party actions. Most recently, state and federal courts across the country have recognized attorney liability for aiding and abetting a client’s breach of fiduciary duty. This Article will address the current status of the cause of action for a lawyer’s aiding and abetting her client’s breach of fiduciary duty, explain the commonalities and distinguish nuances as outlined by particular states, examine recent decisions by federal courts that have recognized the cause of action, and culminate ...
The Right To An Independent Judiciary And The Avoidance Of Constitutional Conflict: The Burger Court’S Flawed Reasoning In Chandler V. Judicial Council Of The Tenth Circuit And Its Unfortunate Legacy,
2018
St. Mary's University
The Right To An Independent Judiciary And The Avoidance Of Constitutional Conflict: The Burger Court’S Flawed Reasoning In Chandler V. Judicial Council Of The Tenth Circuit And Its Unfortunate Legacy, Joshua E. Kastenberg
St. Mary's Journal on Legal Malpractice & Ethics
In 1970, the United States Supreme Court issued Chandler v. Judicial Council of the Tenth Circuit in which five Justices determined that the federal courts of appeals possessed an administrative authority to manage the district court judges within an appellate court’s respective circuit. The decision enabled the Tenth Circuit to decide the fitness of a judge to preside over cases without a formal motion from a litigant. Although Congress had enabled the courts of appeals to oversee basic judicial functions (such as temporarily assigning district court judges to overworked districts), Congress did not intend to grant the power to ...
The Limited Duties Of Lawyers To Protect The Funds And Property Of Nonclients,
2018
St. Mary's University School of Law
The Limited Duties Of Lawyers To Protect The Funds And Property Of Nonclients, Vincent R. Johnson
St. Mary's Journal on Legal Malpractice & Ethics
Issues arise daily in law practice about the duties owed by lawyers to nonclients with respect to funds or property entrusted to them. In resolving those issues, care must be exercised when interpreting state versions of Model Rule 1.15, the American Bar Association’s pattern ethics rule on safekeeping of funds and property. Otherwise, a lawyer’s duties to third persons may too readily encroach on the performance of obligations owed to clients, as well as on the legitimate interests of lawyers themselves.
As numerous authorities have recognized, lawyers are obliged to protect the property interests of third persons ...
It’S A Trap! The Ethical Dark Side Of Requests For Admission,
2018
Pavlack Law, LLC
It’S A Trap! The Ethical Dark Side Of Requests For Admission, Colin Flora
St. Mary's Journal on Legal Malpractice & Ethics
Due largely to an overlap of authority between disciplinary bodies charged with supervising the professional conduct of attorneys and the authority of courts to supervise litigation, the ethical ramifications of routine discovery abuses often pass without comment. That is because disciplinary authorities routinely defer to courts to police litigation behavior despite courts frequently rejecting the role of enforcers of professional rules. A further contributing factor to unethical conduct becoming routine practice in discovery are ill-defined parameters and a dearth of guidance. One tool in particular, requests for admission, has gone overlooked in the literature and caselaw, but poses unique ethical ...
