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Law Library Blog (January 2019): Legal Beagle's Blog Archive, Roger Williams University School of Law 2019 Roger Williams University

Law Library Blog (January 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


From The Courtroom To The Classroom: How A Litigator Became A Transactional Drafting Professor, Amy Bauer 2019 University of Colorado Law School

From The Courtroom To The Classroom: How A Litigator Became A Transactional Drafting Professor, Amy Bauer

Articles

No abstract provided.


Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School of Law 2019 Roger Williams University

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Pulling Back The Curtain: Implicit Bias In The Law School Dean Search Process, Michele Benedetto Neitz 2019 Golden Gate University School of Law

Pulling Back The Curtain: Implicit Bias In The Law School Dean Search Process, Michele Benedetto Neitz

Publications

This Article stems from the author’s experience chairing multiple dean searches and research interest in the existence, genesis, and effects of implicit bias. Part II of this Article will review the role of a law school dean, with special consideration of the ways the Great Recession and its outcomes transformed the role of the dean. Part III will describe the typical dean search process and evaluate decanal diversity statistics to determine which candidates are selected for these powerful roles in today’s law schools. Part IV will introduce the concept of implicit bias, specifically focusing on ingroup favoritism. This ...


Conflicts Of Interest And Law-Firm Structure, Cassandra Burke Robertson 2019 Case Western University School of Law

Conflicts Of Interest And Law-Firm Structure, Cassandra Burke Robertson

Faculty Publications

Business and law are increasingly practiced on a transnational scale, and law firms are adopting new business structures in order to compete on this global playing field. Over the last decade, global law firms have merged into so-called “mega-brands” or “mega-firms”—that is, associations of national or regional law firms that join together under a single brand worldwide. For law firms, the most common mega-firm structure has been the Swiss verein, though the English “Company Limited by Guarantee” structure is growing in popularity as well, as is the similar “European Economic Interest Grouping.” All of these structures allow related entities ...


Law's Enterprise: Argumentation Schemes & Legal Analogy, Brian N. Larson 2019 Texas A&M University School of Law

Law's Enterprise: Argumentation Schemes & Legal Analogy, Brian N. Larson

Faculty Scholarship

Reasoning by legal analogy has been described as mystical, reframed by skeptics using the deductive syllogism, and called “no kind of reasoning at all” by Judge Posner. Arguments by legal analogy happen every day in courtrooms, law offices, and law-school classrooms, and they are the essence of what we mean when we talk of thinking like a lawyer. But we have no productive and normative theory for creating and evaluating them. Entries in the debate over the last 25 years by Professors Sunstein, Schauer, Brewer, Weinreb, and others leave us at an impasse: The ‘skeptics’ are too focused on the ...


Attorney-Client Privilege And The Kovel Doctrine: Should Wisconsin Extend The Privilege To Communications With Third-Party Consultants?, 2019 Marquette University Law School

Attorney-Client Privilege And The Kovel Doctrine: Should Wisconsin Extend The Privilege To Communications With Third-Party Consultants?

Marquette Law Review

In today’s marketplace, the way that corporations conduct business is drastically changing, and lawyers are increasingly relying on third-party consultants, such as accountants or investment bankers, to facilitate them in providing accurate legal advice to corporate clients. Despite this reliance, whether the attorney–client privilege protects the communications between an attorney and a third-party consultant is often questioned. In United States v. Kovel, the Second Circuit found that the attorney–client privilege extended to communications between an attorney and a third-party consultant who acted as an interpreter. However, both federal and state courts have since split over the proper ...


The Architecture Of Drama: How Lawyers Can Use Screenwriting Techniques To Tell More Compelling Stories, Teresa M. Bruce 2019 University of Colorado Law School

The Architecture Of Drama: How Lawyers Can Use Screenwriting Techniques To Tell More Compelling Stories, Teresa M. Bruce

Articles

Hollywood writers have a secret. They know how to tell a compelling story—so compelling that the top-grossing motion pictures rake in millions, and sometimes billions, of dollars. How do they do it? They use a simple formula involving three acts that propel the story forward, three "plot points" that focus on the protagonist, and two "pinch points" that focus on the adversary. The attached Article argues that lawyers should build their stories in the same way Hollywood writers do. It deconstructs the storytelling formula used in movies and translates it into an IRAC-like acronym, SCOR. Attorneys who use SCOR ...


Women In Law: A Statistical Review Of The Status Of Women Attorneys In Idaho, Jessica Gunder 2019 jgunder@uidaho.edu

Women In Law: A Statistical Review Of The Status Of Women Attorneys In Idaho, Jessica Gunder

Articles

No abstract provided.


Between Scylla And Charybdis: Managing Information Overload, Darla W. Jackson 2018 Selected Works

Between Scylla And Charybdis: Managing Information Overload, Darla W. Jackson

Darla W. Jackson

No abstract provided.


Anti-Money Laundering (Aml) Legal Profession Related Resources (Updated March 2019), Laurel S. Terry 2018 Pennsylvania State University, Dickinson Law

Anti-Money Laundering (Aml) Legal Profession Related Resources (Updated March 2019), Laurel S. Terry

Laurel S. Terry

This document is a bibliography of resources related to anti-money laundering (AML) initiatives related to lawyers and the legal profession.  This document is an updated version of the document that originally was prepared for the panel on Lawyers and Anti-Money Laundering and Terrorist Finance Initiatives at the Nov. 2018, APRL/LSEW Conference entitled Crisscrossing the Pond: Transatlantic Issues in Legal Ethics and Law Firm Regulation.

This Resources document contains links to U.S., U.K, EU, Canadian, and Australian legal profession-AML resources, as well as links to FATF webpages and documents that include the FATF Mutual Evaluations page, the 2008 ...


Examples Of Regulatory Objectives For The Legal Profession (Updated March 2, 2019), Laurel S. Terry 2018 Pennsylvania State University, Dickinson Law

Examples Of Regulatory Objectives For The Legal Profession (Updated March 2, 2019), Laurel S. Terry

Laurel S. Terry

This short document contains several examples of regulatory objectives:

1) the regulatory objectives adopted by the Supreme Courts of Colorado, Illinois, and Washington;

2) the regulatory objectives adopted by the Nova Scotia Barristers' Society in 2014 and updated in 2016;

3) the regulatory objectives that Laurel Terry, Steve Mark, and Tahlia Gordon recommended in this lengthy 2012 article with many examples, which were summarized in this 9-page Terry article and these slides

4) the regulatory objectives the ABA adopted in February 2016; and

5) the regulatory objectives found in Section 1 of the UK's Legal Services Act 2007.

This ...


International Developments And Their Impact On U.S. Lawyer Regulation, Laurel S. Terry 2018 Pennsylvania State University, Dickinson Law

International Developments And Their Impact On U.S. Lawyer Regulation, Laurel S. Terry

Laurel S. Terry

This 8-page document was the CLE Handout for my Akron Law School Miller Becker Center for Professional Responsibility Lecture entitled "International Developments, International Developments, and their Impact on U.S. Legal Ethics and Lawyer Regulation."  It uses the "who-what-when-where-why-and-how" framework that Steve Mark, Tahlia Gordon and I used in our 2012 article entitled Trends and Challenges in Lawyer Regulation: The Impact of Globalization and Technology (and that I later used in ICLR, NOBC, and AALS handouts).  This updated version cites developments through March 2019.  Each of the “who-what-when-where-why-and-how” to regulate categories contains a section describing global developments, followed by one ...


An Excerpt From Chapter 3 Of Legal Upheaval: A Guide To Creativity, Collaboration, And Innovation In Law, Michele DeStefano 2018 University of Miami School of Law

An Excerpt From Chapter 3 Of Legal Upheaval: A Guide To Creativity, Collaboration, And Innovation In Law, Michele Destefano

University of Miami Business Law Review

No abstract provided.


The Wise Counselor: Review Of Legal Upheaval: A Guide To Creativity, Collaboration, And Innovation In Law By Michele Destefano, Honorable William G. Young 2018 Judge of the United States District Court for the District of Massachusetts

The Wise Counselor: Review Of Legal Upheaval: A Guide To Creativity, Collaboration, And Innovation In Law By Michele Destefano, Honorable William G. Young

University of Miami Business Law Review

No abstract provided.


Lawyer As Soothsayer: Exploring The Important Role Of Outcome Prediction In The Practice Of Law, Mark K. Osbeck 2018 University of Michigan Law School

Lawyer As Soothsayer: Exploring The Important Role Of Outcome Prediction In The Practice Of Law, Mark K. Osbeck

Articles

Outcome prediction has always been an important part of practicing law. Clients rely heavily on their attorneys to provide accurate assessments of the potential legal consequences they face when making important decisions (such as whether to accept a plea bargain, or risk a conviction on a much more serious offense at trial). And yet, notwithstanding its enormous importance to the practice of law (and notwithstanding the handsome legal fees it commands), outcome prediction in the law remains a very imprecise endeavor. The reason for this inaccuracy is that the three principal tools lawyers have traditionally relied on to facilitate outcome ...


Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School of Law 2018 Roger Williams University

Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Law School News: Rwu Law Alum Elected Attorney General Of Maine 12-06-2018, Alex Acquisto, Roger Williams University School of Law 2018 Bangor Daily News

Law School News: Rwu Law Alum Elected Attorney General Of Maine 12-06-2018, Alex Acquisto, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Legal Malpractice Claims: What The Data Indicate, Vincent R. Johnson 2018 St. Mary's University School of Law

Legal Malpractice Claims: What The Data Indicate, Vincent R. Johnson

St. Mary's Journal on Legal Malpractice & Ethics

Abstract forthcoming


Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files 2018 St. Mary's University School of Law

Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files

St. Mary's Journal on Legal Malpractice & Ethics

Following the 2017 exposure of Harvey Weinstein, the #MeToo movement spread rapidly across social media platforms calling for increased awareness of the prevalence of sexual harassment and assault and demanding change. The widespread use of the hashtag brought attention to the issue and successfully facilitated a much-needed discussion in today’s society. However, this is not the first incident prompting a demand for change.

Efforts to bring awareness and exact change in regards to sexual harassment in the legal profession date back to the 1990s. This demonstrates that the legal profession is not immune from these issues. In fact, at ...


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