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Articles 1 - 30 of 186
Full-Text Articles in Law
Antiracist Lawyering In Practice Begins With The Practice Of Teaching And Learning Antiracism In Law School, Danielle M. Conway
Antiracist Lawyering In Practice Begins With The Practice Of Teaching And Learning Antiracism In Law School, Danielle M. Conway
Faculty Scholarly Works
I was honored by the invitation to deliver the 2021 Lee E. Teitelbaum keynote address. Dean Teitelbaum was a gentleman and a titan for justice. I am confident the antiracism work ongoing at the S.J. Quinney College of Law would have deeply resonated with him, especially knowing the challenges we are currently facing within and outside of legal education, the legal academy, and the legal profession. I am fortified in this work by Dean Elizabeth Kronk Warner’s commitment to antiracism and associated diversity, equity, and inclusion work. Finally, I applaud the students who serve on the Utah Law Review for …
Practicing The Be Practice Ready: Making Competent Legal Researchers Using The New Process And Practice Method, Jason Murray
Practicing The Be Practice Ready: Making Competent Legal Researchers Using The New Process And Practice Method, Jason Murray
Faculty Scholarship
No abstract provided.
On Being First, On Being Only, On Being Seen, On Charting A Way Forward, Veronica Root Martinez
On Being First, On Being Only, On Being Seen, On Charting A Way Forward, Veronica Root Martinez
Journal Articles
This Essay reflects upon my professional experiences as a Black woman both at Notre Dame and beyond. It argues that it is important for students to have demographically diverse professors within their educational environments. It calls for the Notre Dame Law School community to continue to create a diverse, equitable, and inclusive culture.
Aman Reflects On "Page-Turning" Opportunities Throughout His Indiana Law Tenure, Kenneth L. Turchi, Alfred Aman
Aman Reflects On "Page-Turning" Opportunities Throughout His Indiana Law Tenure, Kenneth L. Turchi, Alfred Aman
Alfred Aman Jr. (1991-2002)
After nearly 50 years of practicing, teaching, and administration, Alfred C. (Fred) Aman, Jr., took emeritus status at the end of the 2019–2020 academic year. Earlier this fall, he visited with ergo editor Ken Turchi to reflect on his distinguished career.
The Institute For The Future Of Law Practice: A New Narrative For Legal Education And The Legal Profession, William D. Henderson
The Institute For The Future Of Law Practice: A New Narrative For Legal Education And The Legal Profession, William D. Henderson
Articles by Maurer Faculty
"The mission of IFLP is to produce more legal professionals who have strong legal knowledge plus foundational training in allied disciplines — in other words, “T-shaped” legal professionals."
--
You look down at your smartphone and see that you just got a text from a close family relative. They are asking to schedule a phone call.
The next line reads, “I’m thinking about going to law school.”
Well, if you read PD Quarterly, you’re likely a logical person to seek out for advice. You’ve got some time to think about it. What are you going to say?
Whatever your counsel, …
The Upgraded Lawyer: Modern Technology And Its Impact On The Legal Profession, Thomas R. Moore
The Upgraded Lawyer: Modern Technology And Its Impact On The Legal Profession, Thomas R. Moore
University of the District of Columbia Law Review
At the peak of the Space Race in 1963, President John F. Kennedy remarked that, despite the great leaps brought by technology, "man is still the most extraordinary computer of all." With the advent of the internet and artificial intelligence, today's technological advancements might have shaken even Kennedy's faith in human superiority. For the legal profession, new technology presents a challenge to traditional notions in the practice of law as well. Clients may grow to expect tech-savviness from their attorneys, especially when their cases involve digital concepts. At the same time, the necessity for flesh-and-blood counsel may be diminished by …
The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein
The Clinical Law Review At 25 - What Have We Wrought, Robert Dinerstein
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Educating The New Lawyer: Teaching Lawyers To Offer Unbundled And Other Client-Centric Services, Forrest S. Mosten, Julie Macfarlane, Elizabeth Potter Scully
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 (2017-Present)
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 …
Utah’S Online Dispute Resolution Program, Deno Himonas
Utah’S Online Dispute Resolution Program, Deno Himonas
Dickinson Law Review (2017-Present)
This article by Utah Supreme Court Justice Deno Himonas describes Utah’s Online Dispute Resolution or ODR system. Launched in September 2018, Utah’s ODR system is available to litigants who have small claims disputes that involve $11,000 or less. The ODR system has been designed to provide “simple, quick, inexpensive and easily accessible justice” that includes “individualized assistance and information that is accessible across a multitude of electronic platforms.”
This article describes the history and philosophy behind Utah’s ODR system and includes a number of screen shots that show what an ODR litigant will see. Utah is the first U.S. state …
Rural Justice: Improving Access To Justice In The Rural Reaches Of Southern California, Lisa R. Pruitt
Rural Justice: Improving Access To Justice In The Rural Reaches Of Southern California, Lisa R. Pruitt
Lisa R Pruitt
The Uneasy History Of Experiential Education In U.S. Law Schools, Peter A. Joy
The Uneasy History Of Experiential Education In U.S. Law Schools, Peter A. Joy
Dickinson Law Review (2017-Present)
This article explores the history of legal education, particularly the rise of experiential learning and its importance. In the early years of legal education in the United States, law schools devalued the development of practical skills in students, and many legal educators viewed practical experience in prospective faculty as a “taint.” This article begins with a brief history of these early years and how legal education subsequently evolved with greater involvement of the American Bar Association (ABA). With involvement of the ABA came a call for greater uniformity in legal education and guidelines to help law schools establish criteria for …
College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler
College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler
Dickinson Law Review (2017-Present)
No abstract provided.
Money Didn’T Buy Happiness, Lawrence J. Fox
Money Didn’T Buy Happiness, Lawrence J. Fox
Dickinson Law Review (2017-Present)
No abstract provided.
“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate
“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate
Dickinson Law Review (2017-Present)
No abstract provided.
中国法律检索教育新发展, Liying Yu, Ning Han
中国法律检索教育新发展, Liying Yu, Ning Han
Ning Han
本文通过问卷调查揭示中国法律检索教学领域的最新状况和发展趋势。该调查是作者2008年调查的继续,以期发现近年来国内该项教学的进展和变化。作者希望以中美法律图书馆员的视角对中国法律检索教学中诸如课程设置、教学方式、学分、考核评估等方面进行具体观察和分析;同时,对法律职业与法律教育者之间的反馈系统、学生对法律检索能力的认知、全国性指导标准等相关方面也有涉及。文章指出,当前,中国法律检索教学局限与机遇并存,特别是伴随信息与数据时代对社会经济文化的全面影响,中国法学教育改革适逢其时,法律检索教育也会不可避免地提到议事日程。而且,作者乐观地认为,中美法律图书馆员在其中的积极与促进作用也是无可替代的。
Addressing The Lack Of Diversity In The Legal Profession, At The Undergraduate Level, Michael W. Carroll, Troy Romero
Addressing The Lack Of Diversity In The Legal Profession, At The Undergraduate Level, Michael W. Carroll, Troy Romero
Articles in Law Reviews & Other Academic Journals
The study and practice of law is among the most respected and well-regarded pursuits; unfortunately, it is also among the least diverse. The persistent and alarming lack of diversity is prevalent in the industry regardless of the culture. In the United States and in Europe, statistics show that lawyers are overwhelmingly comprised by white males, especially in the higher ranks of the profession. Several factors contribute to this lack of diversity, including access to legal professionals and costs associated with pursuing a legal degree. Several strategies have been initiated to increase diversity in the field, including increasing awareness of the …
Looking For Competencies In All Of The Right Places, Laurel Terry
Looking For Competencies In All Of The Right Places, Laurel Terry
Faculty Scholarly Works
No abstract provided.
An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts
An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts
South Carolina Law Review
No abstract provided.
#Lawyeringpeace: The Role Of Lawyers In Peacebuilding, Paul Williams, Christin Coster
#Lawyeringpeace: The Role Of Lawyers In Peacebuilding, Paul Williams, Christin Coster
Articles in Law Reviews & Other Academic Journals
Based on the Public International Law & Policy Group’s (“PILPG”) two decades of experience assisting countries and clients in conflict situations, it is clear there are a number of ways for lawyers and international law to promote peacebuilding. This article condenses information shared during the International Law Weekend panel, “International Law and States in Emergency: Responses and Challenges.” The focus of the presentation was how lawyers can and should make a difference in peacebuilding and post-conflict constitution drafting. The world needs more lawyers to “lawyer peace” by assisting countries and clients involved in ongoing conflicts or in peace negotiations. In …
When It Comes To Lawyers, Is An Ounce Of Prevention Worth A Pound Of Cure, Laurel Terry
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 …
The Integrated Law School Curriculum, Adam Lamparello
The Integrated Law School Curriculum, Adam Lamparello
Adam Lamparello
In January 2014, the American Bar Association’s Task Force on the Future of Legal Education stated that “[a]n evolution is taking place in legal practice and legal education needs to evolve with it.” To this end, the Task Force recommended that the law school curriculum “needs to shift still further toward developing the competencies and professionalism required of people who will deliver services to clients.” In fact, the Task Force emphasized that “[a] graduate’s having some set of competencies in the delivery of law and related services, and not just some body of knowledge, is an essential outcome …
Learning From And About The Numbers, Carole Silver, Louis Rocconi
Learning From And About The Numbers, Carole Silver, Louis Rocconi
Carole Silver
In this article, we enter the debate about the value of legal education, taking aim at the issue of the ways in which law schools prepare students for practice. But rather than focusing on skills training, our concern is with the approach of law schools to preparing students to understanding the context of the legal issues they will encounter, and specifically on their preparation for working with numbers, whether with regard to business, finance or information presented in statistical form generally.
Our contribution to this debate is to emphasize the importance of data in analyzing the value of law school, …
The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer
The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer
David Barnhizer
In Western culture the name Niccolo Machiavelli has become Machiavellianism, a pejorative signifying the willingness to do anything to achieve desired ends. American lawyers do have limits, however, and are expected to operate according to an ethical code that is at least intended to prevent the worst abuses. The effectiveness of this ethical code has often been questioned, as have the questionable efforts of the organized bar to enforce its rules, but on the surface it differentiates law practice from hand-to-hand combat and military struggles. Even though I have sometimes used the concepts of the warrior lawyer, the general and …
Building A More Critical Lens Into The Five Habits Of Cross-Cultural Lawyering, Kiran Sidhu
Building A More Critical Lens Into The Five Habits Of Cross-Cultural Lawyering, Kiran Sidhu
Kiran Sidhu
No abstract provided.
Law Schools And Learning Outcomes: Developing A Coherent, Cohesive, And Comprehensive Law School Curriculum, Anthony S. Niedwiecki
Law Schools And Learning Outcomes: Developing A Coherent, Cohesive, And Comprehensive Law School Curriculum, Anthony S. Niedwiecki
Anthony S. Niedwiecki
No abstract provided.
A Tale Of Three “Professions”: Search Engine Optimization, Lawyering & Law Teaching, Ray Campbell
A Tale Of Three “Professions”: Search Engine Optimization, Lawyering & Law Teaching, Ray Campbell
Ray W Campbell
The question has been posed: is legal practice today a profession? This leads, naturally enough, to another question: should society treat it as one? Using the concept of ‘profession’ in different ways, some argue that one thing modern legal practice needs is a good dose of 'professionalism;' others argue that, whatever once might have been true, treating law practice as a ‘profession’ is a rum game best abandoned.
These questions matter. Law enjoys special regulatory privileges and market protections that make little sense if law has become just another form of business – a specialized form of consulting, perhaps. At …
International Trade V. Intellectual Property Lawyers: Globalization And The Brazilian Legal Profession, Vitor M. Dias
International Trade V. Intellectual Property Lawyers: Globalization And The Brazilian Legal Profession, Vitor M. Dias
Vitor M. Dias
No abstract provided.
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Why The Bar Examination Fails To Raise The Bar, Carol Goforth
Why The Bar Examination Fails To Raise The Bar, Carol Goforth
Carol Goforth
Redefining Attention (And Revamping The Legal Profession?) For The Digital Generation, Lauren A. Newell
Redefining Attention (And Revamping The Legal Profession?) For The Digital Generation, Lauren A. Newell
Law Faculty Scholarship
With computers, text messages, Facebook, cell phones, smartphones, tablets, iPods, and other information and communication technologies (“ICTs”) constantly competing for our attention, we live in an age of perpetual distraction. Educators have long speculated that constant exposure to ICTs is eroding our ability to stay focused, and recent research supports these speculations. This raises particularly troubling implications for the practice of law, in which being able to pay sustained attention to the task at hand is crucial.
Research also indicates that the brains of today’s young people, the “Digital Generation,” may function differently than the brains of their elders because …