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Full-Text Articles in Law
Teaching Case Theory, Binny Miller
Teaching Case Theory, Binny Miller
Articles in Law Reviews & Other Academic Journals
As the key means of framing a case, case theory is the central problem that lawyers confront in constructing a case, and many of the decisions made during the life of a case are decisions that rest on case theory. Building on the author's earlier scholarship on case theory, this essay articulates a concept of case theory called "storyline," and sets out a framework for teaching this concept. The framework for this process has three basic stages - imagining case theory, evaluating (and constructing) case theory, and choosing case theory. The material for this process is stories, which are the …
Protecting The Guild Or Protecting The Public? Bar Exams And The Diploma Privilege, Milan Markovic
Protecting The Guild Or Protecting The Public? Bar Exams And The Diploma Privilege, Milan Markovic
Faculty Scholarship
The bar examination has long loomed over legal education. Although many states formerly admitted law school graduates into legal practice via the diploma privilege, Wisconsin is the only state that recognizes the privilege today. The bar examination is so central to the attorney admissions process that all but a handful of jurisdictions required it amidst a pandemic that turned bar exam administration into a life-or-death matter.
This Article analyzes the diploma privilege from a historical and empirical perspective. Whereas courts and regulators maintain that bar examinations screen out incompetent practitioners, the legal profession formerly placed little emphasis on bar examinations …
Designing Interdisciplinary, Early Intervention Dispute Resolution Tools To Decrease Evictions And Increase Housing Stability, Christine N. Cimini
Designing Interdisciplinary, Early Intervention Dispute Resolution Tools To Decrease Evictions And Increase Housing Stability, Christine N. Cimini
Articles
This Article provides a unique glimpse into the development of an early-intervention, pre-court, interdisciplinary dispute resolution project intended to decrease evictions and increase housing stability for recipients of subsidized housing in Seattle. With a grant from the Seattle Housing Authority (SHA), a coalition of non-profit organizations had the rare opportunity to design a dispute resolution system into existence. A dispute system design team was formed and began by examining the interconnected problems of housing instability, eviction, and houselessness. Despite thorough research on dispute system design and extensive meetings with stakeholders, the deign team encountered numerous challenges. This Article identifies the …