Digital Commons Network^™

Thirty Reflection Questions To Help Each Student Find Meaningful Employment And Develop An Integrated Professional Identity (Professional Formation), Neil Hamilton, Jerome M. Organ

Tennessee Law Review

No abstract provided.

Leading New Lawyers: Leadership And Legal Education, Michael J. Madison

Tennessee Law Review

Lawyers may become leaders, but leaders also may become lawyers. The path to leadership can begin in law school. This short essay describes a leadership development course developed and implemented at a law school over the last four years.

Developing Skills Of Leadership Through Service Learning: Alice's Adventures In Wonderland And A Path To Effective Leadership, R. Brad Morgan

Tennessee Law Review

"What could a children's book have to say about leadership?" you may be thinking, "much less leadership in the legal profession?" Well, to that question I defer to one of the book's primary antagonists, the Duchess, and her simple, reassuring words: "'Tut, tut, child!' said the Duchess. 'Everything's got a moral, if only you can find it."'" And with that introduction, dear friends, I invite you to join me as we go down the rabbit hole ...

Training Leaders The Very Best Way We Can, George T. "Buck" Lewis, Douglas A. Blaze

Tennessee Law Review

No abstract provided.

Professional Formation And The Political Economy Of The American Law School, Louis D. Bilionis

Tennessee Law Review

No abstract provided.

On Balance: Leading By Leaving, Paula Schaefer

Tennessee Law Review

No abstract provided.

Leading Institutional Change: Law Schools And Legal Education In A Time Of Crisis, Donald J. Polden

Tennessee Law Review

No abstract provided.

Transnational Legal Practice [In 2015], Laurel Terry

Faculty Scholarly Works

This 2015 Year-in-Review article continues the tradition of collecting and publicizing the developments that occurred during the year related to transnational legal practice (TLP). This year’s article builds on the work set forth in the 2014 Year-in-Review.

The 2014 TLP Year-in-Review provided a departure from the Year-in-Review’s typical method of presentation by identifying two categories of what that article called “TLP-Nets.” One group of TLP-Nets is nationally based and the other is inherently transnational. The 2014 article identified examples of TLP-Nets and highlighted the meeting points and relationships that facilitate border-crossing for the variety of actors involved in TLP policy-making …

Privatizing Public Litigation, Margaret H. Lemos

Faculty Scholarship

Government litigators increasingly use private resources—human and financial—to support their efforts in court. In some cases, government entities hire private lawyers to perform legal work on behalf of the government; in others, they draw on private donations to fund litigation; and in some cases they do both, relying on privately funded private lawyers to litigate cases in the government’s name. These mergers of public and private can be understood as part of broader trends toward the privatization of government services. This Article uses lessons from the privatization debates to illuminate the likely costs and benefits of bringing private actors into …

A New "Prospective" On Advance Waivers Of Conflict In Georgia, Charles G. Spalding Jr.

Georgia Law Review

As law firms and their corporate clients continue to expand into different legal jurisdictions, and since the conflict of one attorney is imputed to the attorney's firm, the potential for conflicts of interest increases. A law firm retained to advise a corporate subsidiary in a minor matter in one state may be disqualified from another, more significant matter in a different jurisdiction if the potential client is adverse to the parent company in the initial representation. Without a method for prospective waiver of conflicts, a law firm's only recourse is seeking the consent of the currently represented client. To avoid …

Re-Designing Law And Lawyering For The Information Age, Thomas D. Barton

Faculty Scholarship

This Article analyzes the intersection of three aspects of law, lawyering, and Information Age technology and culture, describing how they disrupt and inhibit one another even as they supply possible opportunities for each to grow and innovate. The Article urges that Information Age challenges to traditional legal institutions and thinking become the foundation for reforms to legal systems and individual lawyering. In embracing changes made possible by emerging technology, the Rule of Law may be strengthened globally and the Preventive/Proactive style of lawyering can be re-invigorated. The Article begins by describing the Preventive/Proactive lawyering ("PPL") style, and offers an example …

When It Comes To Lawyers, Is An Ounce Of Prevention Worth A Pound Of Cure, Laurel Terry

Faculty Scholarly Works

This 3-page blog post addresses the topic of proactive lawyer regulation, which is also known as proactive management-based regulation or PMBR. This blog post reviews Professor Susan Fortney's article entitled "Promoting Public Protection through an “Attorney Integrity” System: Lessons from the Australian Experience with Proactive Regulation System," and summarizes some of the impressive data that Professor Fortney collected in Australia, including her finding that sixty-two percent of the respondents reported that they agreed or strongly agreed with the following statement: the self-assessment process ‘was a learning exercise that enabled our firm to improve client service.’” The article also reports that …

Experiencing Experiential Education: A Faculty-Student Perspective On University Of Tennessee College Of Law’S Adventure In Access To Justice Author, 50 J. Marshall L. Rev. 11 (2016), Robert Blitt, Reece Brassler

UIC Law Review

No abstract provided.

Law Schools And Learning Outcomes: Developing A Coherent, Cohesive, And Comprehensive Law School Curriculum, 64 Clev. St. L. Rev. 661 (2016), Anthony Niedwiecki

UIC Law Open Access Faculty Scholarship

This Article will detail a process that law schools can use to comply with the ABA Standards requiring schools develop their learning outcomes for the entire institution, academic programs, and courses. At the same time, this process can be used as a roadmap for curricular review and planning. As an example, this Article will use the steps that The John Marshall Law School took to review and change its professional skills curriculum. Part I will outline the accreditation requirements for developing and publishing learning outcomes. Part II of the Article will provide an overview of the process of curricular planning …

Lawyers, Power, And Strategic Expertise, Colleen Shanahan, Anna Carpenter, Alyx Mark

Faculty Articles

This empirical study analyzes the experience of the parties described above, specifically the power, representation, and strategic expertise they bring to a dispute. Our analysis of these factors clarifies how representation may be a solution to the access to justice crisis. We find that a representative helps most parties most of the time. We also find that the other party’s representation and the representative’s strategic expertise are significant factors for understanding representation for civil litigants. This study analyzes a database of 1,700 unemployment insurance appeals in the District of Columbia over a two-year period, the broadest and deepest collection of …

An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts

South Carolina Law Review

No abstract provided.

Uk Law Notes, 2016, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

A Call To Cultivate The Public Interest: Beyond Pro Bono, Ann Juergens, Diane Galatowitsch

Faculty Scholarship

This essay asserts that incorporation of the public's interests in lawyers' daily work is an essential responsibility of the profession. The Preamble to the Model Rules of Professional Conduct frames this lawyers' duty as that of a "public citizen having special responsibility for the quality of justice." Yet the modem legal profession has reduced "public interest" practice to work that is done for no or almost no fee. The transformation of lawyer from public citizen to servant of mostly private interests has taken place over the last thirty-five years, following the legal profession's embrace of pro bono work by volunteer …

Osgoodepd: Twenty Years And Twenty Stories, Osgoode Hall Law School Of York University

Law School Publications

Over the past 20 years, OsgoodePD has been a part of the learning journey for over 50,000 people. With over 1,300 CLE programs and 2,500 LLM degrees awarded, we’ve had professionals from all walks of life and from all over the world grace our classrooms and discussions. We wanted to share more widely some of the incredible diversity in experience and perspective that we get to see on a daily basis.

We asked 20 people who have been a part of OsgoodePD over the past 20 years to give us their perspectives on professional development. We asked them about their …

Lawyers Going Bare And Clients Going Blind, Leslie Levin

Faculty Articles and Papers

Many U.S. lawyers "go bare" and represent clients without maintaining malpractice insurance. Efforts to require these lawyers to carry lawyer professional liability (LPL) insurance have mostly foundered, due to bar opposition and concerns about the cost of insurance. As a compromise between protecting the public and protecting lawyers' interests, many states now require lawyers to disclose whether they carry LPL insurance to clients, regulators, or both. This Article draws on survey data from Arizona, Connecticut and New Mexico lawyers that shed light on which lawyers go bare and the reasons why they do so. The Article then looks at states' …

Ranking Law Schools With Lsats, Employment Outcomes, And Law Review Citations, Alfred L. Brophy

Indiana Law Journal

This Article offers an alternative to the much-discussed U.S. News & World Report rankings. Where U.S. News rankings are affected by a wide variety of factors —some of which are criticized as irrelevant to what prospective students care about or should care about—this Article looks to three variables: the median LSAT score of entering students, which seeks to capture the quality of the student body; the percentage of the graduating students who are employed at nine months following graduation at full-time, permanent, JD-required jobs (a separate analysis excludes school-funded positions and solo practitioners from this variable); and the number of …

The Rise And Fall Of Social Trustee Professionalism, Michael Ariens

Faculty Articles

Elite lawyers have long urged the private practice bar to account for the interests of more than their clients in their work. A lawyer who served merely as a "mouthpiece" or "hired gun" of clients failed to meet the standards of professionalism, of failing to act, in Roscoe Pound's words, "in the spirit of a public service." Pound's view, expressed in the mid-20th century, was premised on the ideal that the lawyer pursued a public calling that incidentally was remunerative. This ideal required the lawyer to serve as a social trustee, one encumbered by duties for the benefit of society. …

Can A Little Representation Be A Dangerous Thing?, Colleen Shanahan, Anna Carpenter, Alyx Mark

Faculty Articles

Access to justice interventions that provide a little representation, including nonlawyer representation and various forms of limited legal services, may be valuable solutions for low- and middle-income Americans. However, a thoughtful approach to improving access to justice efforts should recognize that a little representation may have risks. In particular, one potential risk of a little representation is that while it provides assistance with a discrete legal need in a specific moment, the nature of the assistance is incompatible with challenging the law. As a result, individual litigants do not have the benefit of legal challenges in their own cases and …

Transnational Legal Practice, Laurel Terry

The International Lawyer

No abstract provided.

Juking Access To Justice To Deregulate The Legal Market, Milan Markovic

Faculty Scholarship

Study after study has concluded that the United States suffers from a lack of access to justice because most legal issues are addressed without attorney involvement. To better serve Americans who cannot currently afford legal assistance, scholars have argued that corporations should be permitted to offer legal services. England and Australia already allow corporations to own law firms and deliver legal services.

Whatever the merits of corporate delivery of legal services, its impact on access to justice has been overstated. The cost of legal services plays a minor role in decisions to not obtain legal assistance. Moreover, many legal services …

The Ethical Identity Of Sexual Assault Lawyers, Elaine Craig

Articles, Book Chapters, & Popular Press

Despite progressive law reforms, sexual assault complainants continue to experience the criminal justice response to the violations that they have suffered as unsatisfactory, if not traumatic. One emerging response to this dilemma involves greater consideration of the ethical boundaries imposed on lawyers that practice sexual assault law. What is the relationship between a criminal lawyer’s ethical duties and the reforms to the law of sexual assault in Canada? How do lawyers themselves understand the ethical limits imposed on their conduct of a sexual assault case? How do lawyers that practice in this area of law comprehend their role in the …

The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel S. Terry

Faculty Scholarly Works

This Article focuses on those who regulate U.S. laywers. The Article argues that the lawyers who head regulatory bodies in the United States have the ability to adjust the focus of the regulator for which they work in a way that will increase client and public protection. The Article further argues that it is appropriate for lawyers in these positions to exercise this power and that they should do so. The Article concludes by offering two concrete recommendations.

The first recommendation is that those who are in charge should, upon reflection, adopt a mindset in which they recognize that the …

The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel Terry

Faculty Scholarly Works

The idea behind this Article is Ben Franklin's statement that "an ounce of prevention is worth a pound of cure." This Article builds on the author's prior articles that argue that one can think about lawyer regulation issues as involving who-what-when-where-why-and-how to regulate issues. This Article addresses the issue of "WHEN" regulation should occur. It argues that regulators should be trying to PREVENT problems, as well as responding AFTER problems occur. This Article is primarily directed toward those who regulate U.S. lawyers. The Article argues that the lawyers who head regulatory bodies in the United States have the ability to …

Cultural Evolution Or Revolution? The Millennial's Growing Impact On Professionalism And The Practice Of Law, Jan L. Jacobowitz, Katie M. Lachter, Gabriella Morello

Articles

No abstract provided.

Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016), Roger Williams University School Of Law

RWU Law

No abstract provided.