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2017 Academy Of Law Alumni Fellows Dinner And Induction Ceremony Program, 2017 Maurer School of Law: Indiana University

2017 Academy Of Law Alumni Fellows Dinner And Induction Ceremony Program

Academy of Law Alumni Fellows

No abstract provided.


2017 Academy Of Law Alumni Fellows Dinner And Induction Ceremony Invitation, 2017 Maurer School of Law: Indiana University

2017 Academy Of Law Alumni Fellows Dinner And Induction Ceremony Invitation

Academy of Law Alumni Fellows

No abstract provided.


Lawyers In America: A Profession In Search Of Direction, Paul L. Savage, Richard A. Gabriel 2017 St. John's University School of Law

Lawyers In America: A Profession In Search Of Direction, Paul L. Savage, Richard A. Gabriel

The Catholic Lawyer

No abstract provided.


New Horizon Kids Quest Iii, Inc., V. The Eighth Judicial District Court Of The State Of Nevada, 133 Nev., Adv. Op. 409 (Apr. 6, 2017), Andrew Clark 2017 Nevada Law Journal

New Horizon Kids Quest Iii, Inc., V. The Eighth Judicial District Court Of The State Of Nevada, 133 Nev., Adv. Op. 409 (Apr. 6, 2017), Andrew Clark

Nevada Supreme Court Summaries

Under the Nev. Rule of Professional Conduct 1.9(b), an attorney whose former firm represented a now adverse client, may be disqualified only when the attorney actually obtained confidential, adverse information while employed by the former firm.


Comparison, Self-Direction And Creativity: Contextualising Public Law, Danielle Ireland-Piper 2017 Bond University

Comparison, Self-Direction And Creativity: Contextualising Public Law, Danielle Ireland-Piper

Danielle Ireland-Piper

The study of law can be technical and dry. Law is often taught in a didactic manner that focuses upon complex legal rules, doctrine and theories in isolation form the law’s social, cultural and political contexts. Law teachers often employ orthodox, conservative teaching methods such as didactic lectures and the prescribing of large quantities of reading. Consequently, the level of engagement by law students in their studies can be rather low, and many students are extrinsically, rather then intrinsically, motivates.


May It Please The Court?: The Perils Of Correcting A Justice's Pronunciation, James J. Duane 2017 Seton Hall University

May It Please The Court?: The Perils Of Correcting A Justice's Pronunciation, James J. Duane

Seton Hall Circuit Review

No abstract provided.


Rwu First Amendment Blog: David Logan's Blog: Donald Trump And The Full-Employment-For-Lawyers Presidency, David A. Logan 2017 Roger Williams University School of Law

Rwu First Amendment Blog: David Logan's Blog: Donald Trump And The Full-Employment-For-Lawyers Presidency, David A. Logan

Law School Blogs

No abstract provided.


Vol. 52, No. 11 (April 3, 2017), 2017 Maurer School of Law: Indiana University

Vol. 52, No. 11 (April 3, 2017)

Indiana Law Annotated

No abstract provided.


Neuroscience Changes More Than You Can Think, Paul S. Davies, Peter A. Alces 2017 William & Mary Law School

Neuroscience Changes More Than You Can Think, Paul S. Davies, Peter A. Alces

Faculty Publications

In this Essay, we consider the contribution of a startling new book, Law & Neuroscience (L&N), by Owen Jones, Jeffrey Schall, and Francis Shen. It is a law school course book (a genre not often the focus of a scholarly review essay) that supports fundamental inquiry into the relationship between emerging neuroscientific insights and doctrinal conceptions in the law. We believe that the book shifts the paradigm and so may profoundly affect the course of normative evaluation of law. In this Essay, we trace and evaluate the “argument” of the book and suggest ways in which its contribution to the normative analysis of law may impact students and legal scholars for years to come. We believe that L&N is that rare work that will, quite literally, change the way people think.

The book’s power rests, securely, on two premises: (1) legal doctrine derives mainly from our folk psychological intuitions (based on our inferences about others’ beliefs, desires, and intentions) concerning human agency and, in particular, our capacities for practical reason; and (2) progress in the sciences of the mind, including neuroscience, casts grave doubts on folk intuitions at the core of our understanding of human agency. It is folk psychology that gives way to an understanding informed by neuroscience, compelling revision of our notions of responsibility embodied in contracts, torts, and criminal law.

Part I describes the dynamic balance and pedagogical power that the format of L&N achieves. That dynamic and power is illustrated in the contrast between the neurological reductionism endorsed by Francis Crick and skepticism expressed by Stephen Morse concerning the relevance of neuroscience to legal doctrine. On Crick’s view, if our folk psychological intuitions come into conflict with known neurological facts, it is folk intuitions that must go. On Morse’s view, by contrast, there are, either in principle or merely in fact, no discoveries in neuroscience that threaten our folk view of ourselves. In their judicious selection of theoretical perspectives and case studies, the editors of L&N sustain the Crick-Morse dichotomy across a wide range of substantive legal issues.

We complete our analysis in Part II by taking a stand of our own—we show the very real challenges to law presented by the Crick-Morse dichotomy. With Crick and others, we argue that the former authority of our folk intuitions must be ceded to conflicting findings in science. In defense, we show that recent discoveries from cognitive neuroscience integrate with discoveries in affective neuroscience, and, from those premises, we defend two claims: (1) many human actions—those we intuitively judge to be evaluable in moral and legal terms—are, as a matter of fact, causally influenced by affective processes about which we cannot reason, precisely because those processes do not rise to conscious awareness; and (2) some information about our affective processes can rise to conscious awareness, but, even when that occurs, the actual ...


Clear, Convincing And Beyond A Reasonable Doubt: Montana Lawyers Are Amazing!, Cynthia Ford 2017 Alexander Blewett III School of Law at the University of Montana

Clear, Convincing And Beyond A Reasonable Doubt: Montana Lawyers Are Amazing!, Cynthia Ford

Faculty Journal Articles & Other Writings

No abstract provided.


Benchslaps, Joseph P. Mastrosimone 2017 Washburn University School of Law

Benchslaps, Joseph P. Mastrosimone

Utah Law Review

The practice of judges issuing so-called benchslaps is growing both in popularity and concern. Such published decisions and orders seek to publicly shame lawyers for their alleged unethical or unprofessional lawyering. Legal blogs have picked up on this trend, celebrating and elevating benchslaps to become a part of legal popular culture. However, the practice of using embarrassing and belittling published decisions to punish or to deter unethical or professional conduct raises serious concerns that the issuing judge is violating his or her own ethical duties.

This Article criticizes the practice and concludes that it must end based on three arguments ...


The Business Of Law: Evolution Of The Legal Services Market, Tyler J. Replogle 2017 University of Michigan Law School

The Business Of Law: Evolution Of The Legal Services Market, Tyler J. Replogle

Michigan Business & Entrepreneurial Law Review

The legal services market is changing. This change has been driven by various factors through the years: expansion of in-house legal departments, globalization (through mergers and outsourcing), technological advances, and the rise of alternative legal service providers. This paper explores these factors in isolation—i.e., discussing each factor separately and distinctly from other factors. Then, this paper seeks to understand these factors together, as products of a legal services market that is evolving from the growth stage into the mature stage.

Part I summarizes the early history of law firms, including the rise of the Cravath System through the ...


Law Library Blog (April 2017): Legal Beagle's Blog Archive, Roger Williams University School of Law 2017 Roger Williams University

Law Library Blog (April 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Lawyer Discipline In An Authoritarian Regime: Empirical Insights From Zhejiang Province, China, Judith A. McMorrow, Benjamin Van Rooij, Sida Liu 2017 Boston College Law School

Lawyer Discipline In An Authoritarian Regime: Empirical Insights From Zhejiang Province, China, Judith A. Mcmorrow, Benjamin Van Rooij, Sida Liu

Boston College Law School Faculty Papers

On paper the state-run lawyer disciplinary system in China serves multiple interests: client protection, maintaining the reputation of the legal profession, upholding the rule of law, and safeguarding the party-state authority. This Article assesses which of these interests dominates in the lawyer disciplinary process by analyzing 122 published lawyer discipline cases from Zhejiang Province from 2007-2015. These records of lawyer discipline evidence an authoritarian political logic of attorney discipline, with punishment most clearly serving to safeguard the Communist Party's rule by keeping lawyers in bounds and tightly tied to their law firms. Subordinate to this are other state interests ...


Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose, Timothy W. Floyd, Kendall L. Kerew 2017 Mercer University School of Law

Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose, Timothy W. Floyd, Kendall L. Kerew

Faculty Publications By Year

No abstract provided.


Legal Services Regulation In Canada: Plus Ça Change?, Noel Semple 2017 University of Windsor, Faculty of Law

Legal Services Regulation In Canada: Plus Ça Change?, Noel Semple

Law Publications

In common law Northern Europe and in Australasia, a wave of reform has been transforming legal services regulation since roughly 1980. Old structures and approaches, based on the principles of professionalism and lawyer independence, are being replaced in these jurisdictions by new ones that prioritize competition and consumer interests. In the United States this has conspicuously not happened, leaving intact a regulatory approach whose broad outlines have changed little in the past 100 years.

Thus, I have argued that the legal services regulatory regimes of the common law world today are bifurcated into (i) a competitive-consumerist paradigm apparent in the ...


Evaluating Systemic Advocacy: A Primer & Tools For Evaluating Systemic Advocacy In Ontario's Legal Clinics, Gemma Smyth 2017 Faculty of Law, University of Windsor

Evaluating Systemic Advocacy: A Primer & Tools For Evaluating Systemic Advocacy In Ontario's Legal Clinics, Gemma Smyth

Law Publications

No abstract provided.


Southeastern Law Librarian Spring 2017, SEAALL 2017 University of Kentucky

Southeastern Law Librarian Spring 2017, Seaall

Newsletters

No abstract provided.


Spring 2017 Magazine, 2017 Maurer School of Law: Indiana University

Spring 2017 Magazine

Ergo

No abstract provided.


The Dawn Of Fully Automated Contract Drafting: Machine Learning Breathes New Life Into A Decades-Old Promise, Kathryn D. Betts, Kyle R. Jaep 2017 Duke Law

The Dawn Of Fully Automated Contract Drafting: Machine Learning Breathes New Life Into A Decades-Old Promise, Kathryn D. Betts, Kyle R. Jaep

Duke Law & Technology Review

Technological advances within contract drafting software have seemingly plateaued. Despite the decades-long hopes and promises of many commentators, critics doubt this technology will ever fully automate the drafting process. But, while there has been a lack of innovation in contract drafting software, technological advances have continued to improve contract review and analysis programs. “Machine learning,” the leading innovative force in these areas, has proven incredibly efficient, performing in mere minutes tasks that would otherwise take a team of lawyers tens of hours. Some contract drafting programs have already experimented with machine learning capabilities, and this technology may pave the way ...


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