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Educating The New Lawyer: Teaching Lawyers To Offer Unbundled And Other Client-Centric Services, Forrest S. Mosten, Julie Macfarlane, Elizabeth Potter Scully 2018 Penn State Dickinson Law

Educating The New Lawyer: Teaching Lawyers To Offer Unbundled And Other Client-Centric Services, Forrest S. Mosten, Julie Macfarlane, Elizabeth Potter Scully

Dickinson Law Review

In this article, Forrest Mosten and Julie Macfarlane build a new bridge in their 30-year professional relationship by linking their separate but complementary work in access to legal services, helping the self-represented litigant (“SRL”), transforming the lawyer from gladiator to problem-solver and conflict resolver, and using interdisciplinary team triage in Collaborative Law and preventive conflict wellness to better serve the public. The New Lawyer and Unbundled Legal Services are independent concepts that the three co-authors link in proposing new topics (including the concept of Legal Coaching, which is evolving from the unbundled model) and pedagogical approaches to teaching law students ...


Navigating The New York Courts With The Assistance Of A Non-Lawyer, Fern Fisher 2018 Penn State Dickinson Law

Navigating The New York Courts With The Assistance Of A Non-Lawyer, Fern Fisher

Dickinson Law Review

This Article discusses a program implemented by the New York State Unified Court System in order to address the justice gap for unrepresented litigants. Part I of this Article discusses the process behind creating the New York Navigator’s Program (discussed in more detail Part II), a program designed to help non-lawyer “Navigators” to assist unrepresented litigants in a limited capacity when the litigants appear before different types of state courts. The Navigators must complete training before they are able to assist the litigants. This program has been well received, as Part IV discusses, and has helped more and more ...


Washington’S Limited License Legal Technician Rule And Pathway To Expanded Access For Consumers, Stephen R. Crossland, Paula C. Littlewood 2018 Penn State Dickinson Law

Washington’S Limited License Legal Technician Rule And Pathway To Expanded Access For Consumers, Stephen R. Crossland, Paula C. Littlewood

Dickinson Law Review

Washington’s 2012 adoption of a Limited License Legal Technician (LLLT) rule has been a topic of great interest throughout the United States and elsewhere. This Article is co-written by Steve Crossland, who is the Chair of the Washington Supreme Court’s Limited License Legal Technician Board, which is responsible for implementing the rule, and Paula Littlewood, who is the Executive Director of the Washington State Bar Association, which is the unified bar association charged, inter alia, with lawyer and LLLT regulation. This Article builds on the authors’ previous articles about Washington’s LLLT program by providing previously unpublished information ...


Utah’S Online Dispute Resolution Program, Deno Himonas 2018 Penn State Dickinson Law

Utah’S Online Dispute Resolution Program, Deno Himonas

Dickinson Law Review

No abstract provided.


Pro Se Appellants: Opportunities For Law Libraries, Liz Reppe 2018 Penn State Dickinson Law

Pro Se Appellants: Opportunities For Law Libraries, Liz Reppe

Dickinson Law Review

No abstract provided.


The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers 2018 Penn State Dickinson Law

The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers

Dickinson Law Review

This Article discusses issues regarding assistance of pro se litigants in the context of immigration law. In particular, Part II of this Article highlights programs such as the Legal Orientation Program (LOP) and Immigration Court Helpdesk (ICH) that attempt to alleviate some of the inherent difficulties non-citizen detainees face in immigration proceedings. Part III of this Article focuses on a 2008 Regulation by the Executive Office of Immigration Review (EOIR), which calls for discipline against attorneys that engage in a pattern or practice of failing to enter a Notice of Appearance when engaged in practice or preparation. Lastly, Part IV ...


“Pfa” Record Expungement As A Tool For Settlement: Due Process And The Pennsylvania Protection From Abuse Act, Kyle Semroc 2018 Penn State Dickinson Law

“Pfa” Record Expungement As A Tool For Settlement: Due Process And The Pennsylvania Protection From Abuse Act, Kyle Semroc

Dickinson Law Review

The Pennsylvania Protection from Abuse Act (PFAA) empowers victims of domestic violence to obtain protection orders through a hearing process. Once the Protection from Abuse (PFA) process is initiated, a statewide registry system automatically generates a civil record. Currently, no statutory language governing the expungement of a PFA record exists in Pennsylvania, and courts have decided that a right to expungement exists only in limited circumstances. The courts are silent, however, on whether a protection order by consent of the parties with no admission of abuse is available for expungement.

This Comment begins by describing the procedure by which a ...


It’S Not The Thought That Counts: Pennsylvania Quietly Made Rape And Idsi Strict Liability Crimes, Jordan E. Yatsko 2018 Penn State Dickinson Law

It’S Not The Thought That Counts: Pennsylvania Quietly Made Rape And Idsi Strict Liability Crimes, Jordan E. Yatsko

Dickinson Law Review

In 1982, the Pennsylvania Superior Court decided Commonwealth v. Williams, wherein the court held that a defendant charged with rape or involuntary deviate sexual intercourse (IDSI) cannot use a mistake of fact defense as to the victim’s consent. The court relied on the reasoning that a defendant’s mens rea is not an element of either rape or IDSI. Section 302 of the Pennsylvania Crimes Code, however, requires that where the legislature has failed to expressly require a finding of mens rea in the text of the statute, at least recklessness must be imputed to each material element.

This ...


Mapping Legalzoom's Disruptive Innovation, Matthew T. Ciulla 2018 Pepperdine University

Mapping Legalzoom's Disruptive Innovation, Matthew T. Ciulla

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


The Rise Of Artificial Intelligence In The Legal Field: Where We Are And Where We Are Going, Sergio David Becerra 2018 Pepperdine University

The Rise Of Artificial Intelligence In The Legal Field: Where We Are And Where We Are Going, Sergio David Becerra

The Journal of Business, Entrepreneurship & the Law

The twenty-first century has brought significant technological advancement that permeates all aspects of our lives. The legal field, though slow in the adaption of this technology, is beginning to pick up the pace. Artificial Intelligence (AI) technology is used now to perform legal work once completed solely by legal practitioners. This Comment outlines what AI is and reviews the current use of AI in the legal field. It also identifies AI products and developments that are in place. Finally, it argues that lawyers will always be needed in the practice of law, despite the continued growth of AI.


Vol. 54, No. 10 (March 26, 2018), 2018 Maurer School of Law: Indiana University

Vol. 54, No. 10 (March 26, 2018)

Indiana Law Annotated

No abstract provided.


Twitter And The #So-Calledjudge, Elizabeth Thornburg 2018 Southern Methodist University

Twitter And The #So-Calledjudge, Elizabeth Thornburg

SMU Law Review

Two-hundred-eighty characters may be insufficient to deliver a treatise on the judiciary, but it is more than enough to deliver criticism of the third branch of government. Today, these tweeted critiques sometimes come not from the general public but from the President himself. Attacks such as these come at a challenging time for court systems. We live in a highly politicized, polarized society. This polarization is reflected in attitudes toward the courts, particularly the federal courts. Unfortunately, public doubts about the court system come at a time when public understanding of the structure of government, and especially the court system ...


Keeping Pace With Technology-Driven Profession, Jodi Nafzger 2018 Concordia University School of Law

Keeping Pace With Technology-Driven Profession, Jodi Nafzger

Jodi Nafzger

With the increasing use of E-discovery and paperless judicial systems, members of the legal profession must consider new methods for managing the overwhelming volume of information and be competent with the emerging technologies at the center of modern law practice. It is also increasingly clear that law schools must teach the technology of law practice. The ABA Model Rules of Professional Conduct call for law school curriculum which familiarizes aspiring lawyers with important technology tools. With practical skills training in the use of effective technology tools, the next generation of lawyers can bring an enhanced mastery of business and technology ...


Vol. 54, No. 09 (March 19, 2018), 2018 Maurer School of Law: Indiana University

Vol. 54, No. 09 (March 19, 2018)

Indiana Law Annotated

No abstract provided.


Rwu First Amendment Blog: David Logan's Blog: Weather Forecast For March 25: Stormy On 60 Minutes? 03-18-2018, David A. Logan 2018 Roger Williams University School of Law

Rwu First Amendment Blog: David Logan's Blog: Weather Forecast For March 25: Stormy On 60 Minutes? 03-18-2018, David A. Logan

Law School Blogs

No abstract provided.


Building The Whole Lawyer: Preparing Students For Entry-Level Success, Courtney Brooks, Jeff White, Nicole Killoran, Beth Locker 2018 University of New Hampshire School of Law

Building The Whole Lawyer: Preparing Students For Entry-Level Success, Courtney Brooks, Jeff White, Nicole Killoran, Beth Locker

Externships (X) Conferences

What competencies best assure entry level success for new legal professionals? Survey feedback from more than 24,000 hiring professionals offers solid guidance. The survey was conducted by Educating Tomorrow’s Lawyers, an initiative of the Institute for the Advancement of the American Legal System and published in 2016 as Foundations for Practice: The Whole Lawyer and The Character Quotient (FFP). The authors found “characteristics (such as integrity and trustworthiness, conscientiousness, and common sense) as well as professional competencies (such as listening attentively, speaking and writing, and arriving on time), were far more important in brand new lawyers than legal ...


Report Of The Maine Commission On Gender, Justice, And The Courts, Maine Commission on Gender, Justice, and the Courts 2018 University of Maine School of Law

Report Of The Maine Commission On Gender, Justice, And The Courts, Maine Commission On Gender, Justice, And The Courts

Maine Law Review

The Commission on Gender, Justice, and the Courts was established by the Maine Supreme Judicial Court in January 1993, pursuant to a resolution adopted by the Conference of Chief Justices in 1988 urging the creation of task forces to study gender bias and minority concerns within court systems. In recent years, forty-one states, the District of Columbia, and two federal circuits have established task forces on gender bias in the courts as part of a continuing effort to achieve equality for women and men in American society. These jurisdictions recognized that access to a neutral and unbiased court is essential ...


Representing The Powerless: Lawyers Can Make A Difference, Alvin J. Bronstein 2018 University of Maine School of Law

Representing The Powerless: Lawyers Can Make A Difference, Alvin J. Bronstein

Maine Law Review

The Fifth Annual Frank M. Coffin Lecture on Law and Public Service was held on October 8, 1996. This year’s lecturer, Alvin J. Bronstein, the founding Executive Director of the National Prison Project of the American Civil Liberties Union, presented “Representing the Powerless: Lawyers Can Make a Difference.”


Spring Break In Puerto Rico: Helping Hurricane Victims 3-7-2018, Michael M. Bowden 2018 Roger Williams University School of Law

Spring Break In Puerto Rico: Helping Hurricane Victims 3-7-2018, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


A Matter Of Interpretation: Federal Courts And The Law, Charles R. Priest 2018 University of Maine School of Law

A Matter Of Interpretation: Federal Courts And The Law, Charles R. Priest

Maine Law Review

Justice Scalia's engaging essay, “Common-Law Courts in a Civil-Law System: The Role of United States Federal Courts in Interpreting the Constitution and Laws,” and the four comments it provokes, should provide lawyers, judges, and other lawmakers with an interesting evening. Instead of presenting a theoretical view of the role of the federal courts in interpretation, Justice Scalia sketches out a case for “textualism.” “Textualism” is one of several currently contending methods of interpreting statutes and the United States Constitution, and is currently popular among federal judges who see their role as restricting government's powers to those expressly stated ...


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