Law Commons^™

Transformations In Health Law Practice: The Interections Of Changes In Healthcare And Legal Workplaces, Louise G. Trubek, Barbara J. Zabawa, Paula Galowitz

Louise G Trubek

The passage and implementation of the Affordable Care Act is propelling transformations in health care. The transformations include integration of clinics and hospitals, value based care, patient centeredness, transparency, computerized business models and universal coverage. These shifts are influencing the practice of health law, a vibrant specialty field considered a “hot” area for new lawyers. The paper examines how the transformations in health care are intersecting with ongoing trends in law practice: increase in in-house positions, collaboration between medical and legal professionals, and the continued search for increased access to legal representation for ordinary people. Three health law workplace sites …

Legal Writing - What's Next? Real-World, Persuasion Pedagogy From Day One—It’S Not What You Offer; It’S What You Require – Part Ii (In A Three-Part Series), Adam Lamparello, Charles Maclean

Adam Lamparello

This essay (part two of a three-part series) strives to begin a collaborative discussion with legal writing, clinical, and doctrinal faculty about what “change” in legal education should mean. In Part I, the authors rolled out a blueprint for transformative change in legal writing pedagogy, which includes: (1) more required skills courses that mirror the actual practice of law; (2) a three-year program that includes up to four writing credits in every semester; and (3) increased collaboration between legal writing professors and doctrinal faculty. In this essay, we get more specific, and propose a three-year legal writing curriculum that builds …

The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson

Hillary A Henderson

Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …

Requiring Three Years Of Real-World Legal Writing Instruction: Law Students Need It; Prospective Employers Want It; The Future Of The Legal Profession Demands It, Adam Lamparello, Charles Maclean

Adam Lamparello

Part I of this three-part series set forth a blueprint for change. In this essay, we get more specific and propose a three-year legal writing curriculum that is designed to mirror the actual practice of law, from start to finish, and provide alternative paths for students who prefer to focus on transactional drafting or alternative dispute resolution. In so doing, we include: (1) required courses for each of the six semesters of law school; (2) a discussion of the practical skills that students will acquire in each course; (3) electives that students may take to complement their required courses; and …

Show, Don't Tell: Legal Writing For The Real World (Chapter Outline), Adam Lamparello, Megan E. Boyd

Adam Lamparello

Show, Don’t Tell is designed to help all members of the legal profession learn to effectively draft the most common litigation documents. Far too many books offer tips and advice about good writing, but don’t actually show the reader specific examples of good writing or show the reader why examples offered are effective. The authors have read many books on legal writing, but once we learned the basics of legal writing, we didn’t learn anything in those books to make us better writers. Why? We were exposed to the best theories, but never given practical, how-to tips to turn book …

Legal Writing--What's Next? Real-World Persuasion Pedagogy From Day One, Adam Lamparello, Charles E. Maclean

Adam Lamparello

So, why didn’t they teach me this in law school?” The problem has nothing to do with ‘bad’ or uncaring teachers, but with a pedagogical approach that mistakenly divorces the acquisition of legal knowledge—and practical skills training—from their functional roles in the real world. In law school, students are typically required to write a memorandum or an appellate brief, but without knowing how each document fits into the broader context of actual law practice, the student’s ability to put that knowledge to practical use is limited. Every litigation document, whether it is, for example, a legal memorandum, complaint, motion to …

No Shoehorn Required: How A Required, Three-Year, Persuasion-Based Legal Writing Program Easily Fits Within The Broader Law School Curriculum, Adam Lamparello, Charles Maclean

Adam Lamparello

In prior articles, we advocated for a required fifteen-credit, three-year, persuasion-based, linear legal writing curriculum. Our model begins with persuasive advocacy from the first day of law school, and takes a sequential approach that mirrors the practice of law — from the initial client meeting to the appellate brief.

It includes a separate track for those interested in transactional work, incorporates alternative dispute resolution and settlement simulations, and involves students in researching and drafting amicus briefs before federal appellate courts. Students are also offered several electives each semester to complement their required course load, and receive intense training in narrative …