Digital Commons Network^™

Abolish The Article 9 Filing System, Peter A. Alces

Faculty Publications

No abstract provided.

And Then Suddenly Seattle University Was On Its Way To A Parallel, Integrative Curriculum, John B. Mitchell, Betsy R. Hollingsworth, Patricia Hall Clark, Raven Lidman

Clinical Law Review

This is a story of change so sudden that it surprised even those who most fervently sought it. For nearly a decade, Seattle University School of Law has offered an extensive typical skills curriculum. All students are involved in an intensive two year writing program. The simulated Comprehensive Pretrial and Trial Advocacy Program trains over 150 students a year, while in the Law Practice Clinic, 60 students a year represent domestic and criminal clients. Course offerings such as ADR, Negotiations, and Appellate Advocacy, along with judicial and public service externships and an array of student competitions, fill out the lawyering …

Seizing The Disorienting Moment: Adult Learning Theory And The Teaching Of Social Justice In Law School Clinics, Fran Quigley

Clinical Law Review

Variations of the above statements are repeated so often by students in clinical law courses that clinical teachers may be tempted to take such reactions for granted. However, when clinical students' experiences representing poor, disabled, elderly or otherwise marginalized clients cause the students to question their prior notions of social justice, an important educational dilemma is presented: Should clinical teachers treat these reactions as a natural byproduct or even a happy accident of a poverty-oriented clinical course, or should the teachers and the institutions they represent adopt an active role in facilitating clinical students learning lessons of social justice? Further, …

Fee-Generating Clinics: Can We Bear The Costs?, Martin Guggenheim

Clinical Law Review

In the last issue of the Clinical Law Review, Dean Richard A. Matasar and Professor Gary Laser set forth their solution for offering clinical legal education to a significant number of law students without raising tuition fees above market rates. At Chicago-Kent College of Law, the law school will hire clinicians from now on only on the condition that the clinician engage in law practice and bring in fees that are at least 150 percent above the clinician's salary. If the clinician fails to bring in that amount of money, s/he can be fired. If the clinician generates fees above …

Working For Social Change And Preserving Client Autonomy: Is There A Role For "Facilitative" Lawyering, Richard D. Marsico

Clinical Law Review

Lawyers wishing to do social change work are placed in the difficult position of trying to provide the legal representation their clients seek while at the same time not undermining their clients' autonomy. This is a difficult position to be in. First, the risks to client autonomy inherent in any attorney-client relationship are exacerbated in social change lawyering, as the client's social subordination may simply replicate itself in the attorney-client relationship. Second, the consequences of subordination are worse in social change lawyering than in other contexts, as such subordination will defeat the social change undertaking. Two models of lawyering, "client-centered …

Clinical Education In A Different Voice: A Reply To Robert Rader, Robert D. Dinerstein

Clinical Law Review

Robert Rader's Confessions of Guilt: A Clinical Student's Reflections on Representing Indigent Criminal Defendants, maddening as it is, makes a number of contributions to our understanding of the goals of clinical legal education and our efforts to bring those goals to fruition. His cri de coeur is a cautionary tale for those of us who both toil in the clinical vineyards of the lower courts and attempt to talk and write about the meaning of intense clinical experiences. While Rader's clinical vision is flawed and inevitably partial, and his clinical voice too often whiny and self-indulgent, we ignore his warnings …

Fee-For-Service Clinical Teaching: Slipping Toward Commercialism, Lisa G. Lerman

Clinical Law Review

The Report of the Task Force on Law Schools and the Profession (the MacCrate Report) observes that law schools are deficient in training students in the skills and values needed to practice law. The report urges curriculum revision to attend to these important objectives. Many law teachers-especially clinicians-agree at least in principle with the main message of the MacCrate report; the question is what to do and how to pay for it. Clinical teaching tends to be more expensive than large lecture classes, if only because of the lower teacher-student ratio. This poses a barrier to massive expansion of in-house …

Interviewing Clients: A Linguistic Comparison Of The "Traditional" Interview And The "Client-Centered" Interview, Linda F. Smith

Clinical Law Review

During the past quarter century, new ideas have evolved about how professionals should treat their clients and patients. Beginning in the 1950s, professionals in various fields increasingly questioned the long-held assumption that professionals have the right to control their clients or patients in the interest of serving them. Some mental health professionals promoted a participatory or collaborative approach, arguing that effective psychotherapy requires active acceptance and assumption of personal responsibility by the patient. In his influential book, Lawyer and Client: Who's in Charge?, Douglas Rosenthal drew on the burgeoning literature in the social sciences to critically examine the traditional attorney-client …

Law School Training Of American Indians As Legal-Warriors, Gloria Valencia-Weber

American Indian Law Review

No abstract provided.

Winner, Best Appellate Brief In The 1995 Native American Law Student Association Moot Court Competition, Daniel L. Cheyette, Andrew J. Bobzien

American Indian Law Review

No abstract provided.

And Then Suddenly Seattle University Was On Its Way To A Parallel, Integrative Curriculum, John B. Mitchell, B. Hollingsworth, P. Clark, R. Lidman

Faculty Articles

This is a story of change so sudden that it surprised even those who most fervently sought it. For nearly a decade, Seattle University School of Law has offered an extensive typical skills curriculum. All students are involved in an intensive two year writing program. The simulated Comprehensive Pretrial and Trial Advocacy Program trains over 150 students a year, while in the Law Practice Clinic, 60 students a year represent domestic and criminal clients. Course offerings that fill out the lawyering skills supports are offerings such as ADR, Negotiations, and Appellate Advocacy, along with judicial and public service externships and …

Bulletin 1995-1996, Seattle University School Of Law

Viewbooks

No abstract provided.

In Search Of Greener Pastures: Do Solicitation Rules And Other Ethical Restrictions Governing Departing Partners Really Make Sense Today, Judy Royer May

Villanova Law Review (1956 - )

No abstract provided.

Alternative Dispute Resolution Mechanisms: Experience In The United States, Whitmore Gray

Other Publications

The objective of this portion of our conference on judicial reform is to discuss means to promote swift and fair resolution of disputes. Although much of our discussion will center on reform of basic court systems and civil procedure in various countries, my particular focus is on alternatives to traditional institutions and techniques. These alternatives include a variety of what we might call "courtannexed" procedures, that is, procedures that occur during the course of traditional litigation. I will also consider, however, other procedures that might better be characterized as purely "private" techniques for resolving disputes—those that occur before or at …

Gasshūkoku Ni Okeru Hōgakkai To Hōjitsumukai [The Worlds Of Academics And Legal Practice In The United States], Daniel H. Foote

Articles

I prepared this paper for a symposium entitled, "Academics and Practitioners in Japan and the United States: Can the Two Worlds Ever Meet?" When I saw the symposium title, my first reaction was that it might seem strange to ask whether the worlds of academics and legal practice can ever meet in the United States. After all, to a large degree the history of the law school in the United States has been that of an institution dedicated to the training of legal practitioners; the vast majority of US law professors are members of the bar; and many, if not …

Resolution Of Traffic Accident Disputes And Judicial Activism In Japan, Daniel H. Foote

Articles

The topic of resolution of traffic accident cases in Japan has already seen two works in English: a 1989 article by J. Mark Ramseyer and Minoru Nakazato in the Journal of Legal Studies and a 1990 article by Takao Tanase in the Law and Society Review. Why yet another article?

First, despite the fine treatment of a wide range of issues in those articles, neither of those works gave much attention to what I regard as one of the most interesting and important aspects of the Japanese treatment of automobile accident cases: namely, the role of the judiciary and the …

Four Views Of Japanese Attorneys, Daniel H. Foote

Articles

The four articles translated below appeared in a special collection entitled: Bengoshi--san Monosatari-or, A Tale of Lawyers. This collection was No. 198 in the Bessatsu Takarajma series, a series that contains such other tides as: How to Develop Brain Power (Noryoku toreningu no gijutsu, No. 41), The Court Game (Salban gemu, No. 169), and The Dark Side of Real Estate (Fudosan no ura, No. 177). As these titles ·reflect, publications in the series are aimed at the mass market. not the world of academics. A further caveat is thatr as with the majority …

Regulatory Decisionmaking In The European Commission, George A. Bermann

Faculty Scholarship

As an institution variously described as the "motor" or "engine" of European integration and as the European Union's "executive branch," the Commission of the European Communities finds itself at the center of Community decisionmaking. Yet its decisional processes are still quite poorly understood, at least in the United States. The relatively poor grasp of Commission decisionmaking is certainly not due to any general lack of interest in procedure within the American audience. The problem lies more in the highly restrictive view of decisionmaking that traditionally dominates procedural accounts of the Community institutions. Those accounts have tended to reflect three preoccupations. …

Rediscovering Client Decisionmaking: The Impact Of Role-Playing, Mary Zulack

Faculty Scholarship

There are more things of importance to representing clients than are disclosed through a typical interview or counseling session, even a session undertaken by a lawyer earnestly attempting to hear rather than ignore the client. We lawyers are often vividly aware, when we pause to contemplate the point, that we do not know all we should about our clients. We may also believe that we have great gulfs of knowledge and experience to cross in order to hear and understand any particular client. Further, we fear that our ability to cross these gulfs is limited by the human, and lawyerly, …

European Community Law From A U.S. Perspective, George A. Bermann

Faculty Scholarship

Although less than forty years have passed since the founding of the European Economic Community (now the European Community), the lifetime of the Community is well marked temporally. The term of each Commission furnishes a convenient time-line for measuring the Community's progress in legal integration. Since the 1970s, each year has been punctuated by two or more "summit" meetings of heads of state or government. These summits not only are key markings in their own right, but also furnish an occasion for additional monitoring of the Community's state of health. Throughout the 1970s and into the 1980s, the Community submitted …

Professional Socialization, Career Patterns & Commitments: A Gender Analysis Of Law School Graduates, Kandace Pearson Schrimsher

Dissertations

No abstract provided.

Promoting Child-Care Skills Among Parents With Learning Difficulties, Christopher Lewis Hamilton

School of Psychology Theses

The investigation was designed to evaluate a training intervention to increase child-care skills among parents with learning difficulties. Twenty six participants took part in the study. These were divided into three groups: group “A”, experimental group (n=8), group “B”, experimental group (n=8) and group c, control group (n=10). Training consisted of six one hour sessions conducted in the parents' home over a period of six weeks. The ability of parents to acquire and maintain knowledge of basic behavioural principles was examined and behavioural outcome measures were taken to test for the application and generalisation of the knowledge in question. The …

Vantage Point - Show Notes - 1995, David Unumb

Vantage Point Documents

No abstract provided.

A Critical Review Culminating In Practical Bar Examination Application Techniques In Regards To The "Good Moral Character Requirement"—In Re Majorek, 244 Neb. 595, 508 N.W.2d 275 (1993), Mark R. Privratsky

Nebraska Law Review

Every state requires good moral character on the part of those applying for admission to practice law. Yet the standard remains to be administered in an unpredictable way and rests on unsubstantiated and implausible factual assumptions. In November 1993, the Nebraska Supreme Court was once again presented the opportunity to deflate the good moral character requirement of the Nebraska State Bar, but in In re Majorek, the court instead decided to uphold the requirement under the auspices of its responsibility to adopt and implement systems designed to protect the public interest and safeguard the justice system. This Note examines …

Richmond Law Magazine: Winter 1995

Richmond Law Magazine

Features:

The Information Superhighway

Well-Connected

Technology

Combining Class Action Litigation And Social Science Research: A Case Study In Helping Homeless Women With Children, Lynee Soine, Mary Ann Burg

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Volume 18, No. 4

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Scott Rollwagen, Garth Stevens, Don Urquhart

Photography: Jamie Stuart

Associate Production Editor: Kevin Kimmis

Children's Task Force Reports, Donald N. Duquette, Cd Stephens

Articles

When the public thinks of children and the law, high-visibility cases like Baby Jessica and Baby Richard come to mind. The human drama of a small child caught up in a titanic custody struggle attracts unrelenting media attention and triggers cries for law reform. Yet for every Baby Jessica and Baby Richard, thousands of children pass through our courts with little public attention but with consequences to them just as momentous and life altering as those cases featured on the national news shows. In 1991 State Bar of Michigan leadership began to ask whether our profession and Michigan's courts are …

The Role Of The Child's Attorney In Protecting The Child Throughout The Litigation Process, Ann M. Haralambie

North Dakota Law Review

No abstract provided.

An Authentic Life In The Law: A Tribute To James K. Logan, Irma S. Russell

Faculty Law Review Articles

This article is a tribute to Judge James K. Logan, one time dean of the University of Kansas Law School and jurist on the Tenth Circuit Court of Appeals.