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Articles 1 - 30 of 30
Full-Text Articles in Law
Lawyering Paradoxes: Making Meaning Of The Contradictions, Susan P. Sturm
Lawyering Paradoxes: Making Meaning Of The Contradictions, Susan P. Sturm
Faculty Scholarship
Effective lawyering requires the ability to manage contradictory yet interdependent practices. In their role as traditionally understood, lawyers must fight, judge, debate, minimize risk, and advance clients’ interests. Yet increasingly, lawyers must ALSO collaborate, build trust, innovate, enable effective risk-taking, and hold clients accountable for adhering to societal values. Law students and lawyers alike struggle, often unproductively, to reconcile these tensions. Law schools often address them as a dilemma requiring a choice or overlook the contradictions that interfere with their integration.
This Article argues instead that these seemingly contradictory practices can be brought together through the theory and action of …
Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon
Collared—A Film Case Study About Insider Trading And Ethics, Garrick Apollon
St. Mary's Journal on Legal Malpractice & Ethics
This Article discusses the visual legal advocacy documentary film, Collared, by Garrick Apollon (author of this Article). Collared premiered in fall 2018 to a sold-out audience at the Hot Docs Cinema in Toronto for the Hot Docs for Continuing Professional Education edutainment initiative. Collared features the story and reveals the testimony of a convicted ex-insider trader who is still struggling with the tragic consequences of “the most prolonged insider trading scheme ever discovered by American and Canadian securities investigators.” The intimate insights shared by former lawyer and reformed white-collar criminal, Joseph Grmovsek, serves as a painful reminder of the …
The Voice Of The Gods Is Crippling: Law School For Helicoptered Millennials, Katerina P. Lewinbuk, Taci Villarreal, Elena Bolonina
The Voice Of The Gods Is Crippling: Law School For Helicoptered Millennials, Katerina P. Lewinbuk, Taci Villarreal, Elena Bolonina
St. Mary's Journal on Legal Malpractice & Ethics
As millennials dominate law school classrooms, many professors are recognizing the importance of altering the traditional methods of teaching law. Millennials act, think, and learn differently. Numerous factors are linked to why this new generation of law students is distinctively different than previous generations. This article examines these factors and how they influence millennials’ learning styles. Alternative methods of teaching millennial law students are also discussed and proposed, along with a specific example of a tailored professional responsibility textbook and course to the modern law student.
Mindfulness In Legal Ethics And Professionalism, Peter H. Huang
Mindfulness In Legal Ethics And Professionalism, Peter H. Huang
Publications
Mindfulness involves paying attention with curiosity in an intentional, open, and compassionate way to life as it unfolds moment to moment. Law students, lawyers, law professors, legal clients, and indeed all people can improve their lives through mindfulness. Mindfulness can lead to individual benefits and personal transformation. Mindfulness can also lead to societal benefits and social change. This invited symposium contribution exemplifies how mindfulness can facilitate the positive personal and professional development of law students by presenting excerpts of law students' answers discussing mindfulness to questions from the final examination of the course: Legal Ethics and Professionalism. Notably, none of …
Using Grit And Growth Mindset To Foster Resilience And Professionalism In Law Students And Attorneys, Carolyn Broering-Jacobs
Using Grit And Growth Mindset To Foster Resilience And Professionalism In Law Students And Attorneys, Carolyn Broering-Jacobs
Law Faculty Presentations and Testimony
The presentation introduced current research showing correlation between grit, growth mindset, and success in varied disciplines, then suggested several means for improving grit. Attendees discussed several problems that a young lawyer might experience and considered how grit and growth mindset might affect the lawyer's response to the problem.
Inward Bound: An Exploration Of Character Development In Law School, Heather D. Baum
Inward Bound: An Exploration Of Character Development In Law School, Heather D. Baum
University of Arkansas at Little Rock Law Review
No abstract provided.
Pro Bono At University Of Richmond School Of Law, Tara L. Casey
Pro Bono At University Of Richmond School Of Law, Tara L. Casey
Law Faculty Publications
“Pro bono” is often the first legal Latin that a law student learns, before other courses come in with their res ipsa loquitur and in flagrante delicto. The reason for this primacy is the greater emphasis law schools have placed upon pro bono programming in the past ten to fifteen years.
Fostering A Respect For Our Students, Our Specialty, And The Legal Profession: Introducing Ethics And Professionalism Into The Legal Writing Curriculum, Melissa H. Weresh
Fostering A Respect For Our Students, Our Specialty, And The Legal Profession: Introducing Ethics And Professionalism Into The Legal Writing Curriculum, Melissa H. Weresh
Touro Law Review
No abstract provided.
The Emotionally Intelligent Law Professor: A Lesson From The Breakfast Club, Heidi K. Brown
The Emotionally Intelligent Law Professor: A Lesson From The Breakfast Club, Heidi K. Brown
University of Arkansas at Little Rock Law Review
No abstract provided.
Taking Back The Legal Profession, Lee T. Nutini
Taking Back The Legal Profession, Lee T. Nutini
Lee T Nutini
A reaction piece addressing the current economic and market crisis related to failing law school education and the lawyer bubble.
Professionalism And The New Normal, Philip J. Weiser
Professionalism And The New Normal, Philip J. Weiser
Publications
No abstract provided.
No Money, Mo' Problems: Why Unpaid Law Firm Internships Are Illegal And Unethical, Eric M. Fink
No Money, Mo' Problems: Why Unpaid Law Firm Internships Are Illegal And Unethical, Eric M. Fink
Eric M Fink
The practice of law firms offering unpaid internships in lieu of paid employment should concern law students and law school graduates who face an increasingly tight market for entry-level legal jobs. This article argues that such unpaid internships are impermissible under the Fair Labor Standards Act (“FLSA”). It further argues that lawyers who illegally hire unpaid interns should be subject to discipline under the ethics rules of the legal profession.
While law students collectively have an interest in ending this exploitative practice, they have a disincentive against taking action themselves, lest they hurt their prospects in the already unfavorable postgraduate …
Practicing On Purpose: Promoting Personal Wellness And Professional Values In Legal Education, Gretchen Duhaime
Practicing On Purpose: Promoting Personal Wellness And Professional Values In Legal Education, Gretchen Duhaime
Touro Law Review
No abstract provided.
The Attorney-Client Privilege As An Obstacle To The Professional And Ethical Development Of Law Students, Ursula H. Weigold
The Attorney-Client Privilege As An Obstacle To The Professional And Ethical Development Of Law Students, Ursula H. Weigold
Pepperdine Law Review
No abstract provided.
Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan
Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan
Donald J. Kochan
In his 1910 book, How We Think, John Dewey proclaimed that “the most important factor in the training of good mental habits consists in acquainting the attitude of suspended conclusion. . .” This Article explores that insight and describes its meaning and significance in the enterprise of thinking generally and its importance in law school education specifically. It posits that the law would be best served if lawyers think like thinkers and adopt an attitude of suspended conclusion in their problem solving affairs. Only when conclusion is suspended is there space for the exploration of the subject at hand. The …
Unpacking The Apprenticeship Of Professional Identity And Purpose: Insights From The Law School Survey Of Student Engagement, Carole Silver, Amy Garver, Lindsay Watkins
Unpacking The Apprenticeship Of Professional Identity And Purpose: Insights From The Law School Survey Of Student Engagement, Carole Silver, Amy Garver, Lindsay Watkins
Articles by Maurer Faculty
Drawing on data from the Law School Survey of Student Engagement, this paper investigates the ways in which law students develop a sense of professional identity and purpose, the third apprenticeship identified by the Carnegie Foundation in its report, Educating Lawyers. The data offer only a first step toward unpacking how students learn about professional identity and purpose. Generally, the findings point to the importance of law school classes for effective learning about legal ethics, and to the role of clinical legal education as a means for deepening the effectiveness of lessons about ethics, professional identity and purpose.
Simulations In Clinics, Contract Drafting, And Upper-Level Courses, Carole O. Heyward, David M. Epstein, Helen S. Scott, Daniel B. Bogart
Simulations In Clinics, Contract Drafting, And Upper-Level Courses, Carole O. Heyward, David M. Epstein, Helen S. Scott, Daniel B. Bogart
Law Faculty Articles and Essays
I teach in a transactional clinic called the Urban Development Law Clinic. In my Clinic, we represent non-profit tax-exempt organizations that engage in real estate, economic, and community development. Some of our clients include Greater Cleveland Habitat for Humanity and Karamu House, which is a theater and community arts center. We serve as general counsel for some clients and provide legal advice on an as needed basis for others. The Clinic provides legal advice on real estate matters, corporate governance, transactions, and tax issues. The complexity of matters that we handle ranges from drafting a code of regulations to representing …
Public Interest Service At The University Of Colorado School Of Law, Norman Aaronson
Public Interest Service At The University Of Colorado School Of Law, Norman Aaronson
Publications
No abstract provided.
Interdisciplinary Clinical Teaching Of Child Welfare Practice To Law And Social Work Students When World Views Collide, Kathleen Coulborn Faller, Frank E. Vandervort
Interdisciplinary Clinical Teaching Of Child Welfare Practice To Law And Social Work Students When World Views Collide, Kathleen Coulborn Faller, Frank E. Vandervort
Articles
Because child welfare cases in the world of professional practice require interdisciplinary collaboration, it would seem to follow that graduate students, who will become child welfare professionals, should be trained together, both in the classroom and in clinical settings. However, the implementation of interdisciplinary training is far from straightforward. In this Article, we focus on law and social work students. First, we describe the roles of lawyers and social worker in child welfare work. Next we argue that interdisciplinary classroom teaching is easier than clinical teaching, proposing a series of topics to be covered in an interdisciplinary course. Finally, we …
Revisiting A Classic: Duncan Kennedy's Legal Education And The Reproduction Of Hierarchy The Ghost In The Law School: How Duncan Kennedy Caught The Hierarchy Zeitgeist But Missed The Point, Steve Sheppard
Steve Sheppard
In his manifesto, Duncan Kennedy aptly identified hierarchies within legal scholarship and the legal profession, but his conclusion--hierarchies in law are wrong and must be resisted--is misplaced. Kennedy’s Legal Education and the Reproduction of Hierarchy: A Polemic Against the System, claims law schools breed a hierarchical system, where rank plays an important part in how law schools relate to each other; how faculty members relate to each other and to students; and how students relate to other students. This system trains students to accept and prepare for their place within the hierarchy of the legal profession. According to Kennedy, such …
Shared Responsibility: The Duty To Legal Externs, Kathleen Connolly Butler
Shared Responsibility: The Duty To Legal Externs, Kathleen Connolly Butler
West Virginia Law Review
No abstract provided.
What Else Can You Do With A Law Degree?, Gary A. Munneke
What Else Can You Do With A Law Degree?, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
Excerpt from Nonlegal Careers for Lawyers, the latest book in the ABA Career Series.
It's Hard To Be A Human Being And A Lawyer: Young Attorneys And The Confrontation With Ethical Ambiguity In Legal Practice, Robert Granfield, Thomas Koenig Northeastern University
It's Hard To Be A Human Being And A Lawyer: Young Attorneys And The Confrontation With Ethical Ambiguity In Legal Practice, Robert Granfield, Thomas Koenig Northeastern University
West Virginia Law Review
No abstract provided.
The Truth About Jobs For J.D.S, Gary A. Munneke
The Truth About Jobs For J.D.S, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
In an excerpt from the latest book in theABA Career Series, the author reminds law students to open themselves to a variety of employment possibilities.
Jurisprudence Noire, Pierre Schlag
Why Hard Cases Make Good (Clinical) Law, Paul D. Reingold
Why Hard Cases Make Good (Clinical) Law, Paul D. Reingold
Articles
In 1992, when the University of California's Hastings College of Law decided to offer a live-client clinic for the first time, its newly hired director had to make several decisions about what form the program should take.1 The first question for the director was whether the clinic should be a single-issue specialty clinic or a general clinic that would represent clients across several areas of the law. The second question, and the one that will be the focus of this essay, was whether the program should restrict its caseload to "easy" routine cases or also accept non-routine, less controllable litigation. …
Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner
Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner
Cleveland State Law Review
This essay will offer three meditations on the theme of "lawyers, learning and professionalism." First, it lays a foundation by arguing that a commitment to learning is an appropriate and necessary professional value for lawyers. Next, it contends that lawyers need to take this professional value more seriously. It will suggest that lawyers lag behind other professions in learning about learning, and urge more lawyers deliberately do just that. Finally, the essay shares some important lessons about professionalism recently learned through learning experiments with practicing lawyers and law students.
Book Review. Lawyers, Law Students And People By Thomas L. Shaffer And Robert S. Redmount, Gene R. Shreve
Book Review. Lawyers, Law Students And People By Thomas L. Shaffer And Robert S. Redmount, Gene R. Shreve
Articles by Maurer Faculty
No abstract provided.
The Lawyer’S Duty To Be Faithful To His Own Manhood, Thomas M. Cooley
The Lawyer’S Duty To Be Faithful To His Own Manhood, Thomas M. Cooley
Other Publications
“On a previous occasion similar to this when I was invited to address a few parting words to a class of law students, I directed their attention specifically to their duty to observe fidelity to their clients. To-day I shall call your attention to a duty equally imperative, and perhaps still more often neglected, namely: the duty of fidelity to one’s own manhood....
“I shall have accomplished fully my purpose in these parting admonitions if I impress upon your convictions the paramount importance of observing in all your professional life the obligation of fidelity to truth, to justice, …
Hints To Young Lawyers. An Address Delivered To The Senior Class Of The Law Department Of The University Of Michigan, Thomas M. Cooley
Hints To Young Lawyers. An Address Delivered To The Senior Class Of The Law Department Of The University Of Michigan, Thomas M. Cooley
Other Publications
Professor Cooley’s counsel to the gentlemen departing the Law Department: “To those of you who are about to bear away from this institution the certificate of its approbation, I have a few words to say in response to what I understand to be your desire, that my last address should be devoted to such hints of a practical character as may be of service to you in your professional career. The transition from the life of a student to that of a practicing lawyer is so great that it is not possible for one to be too well prepared by …