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Full-Text Articles in Law

The Trial Preparation Procedures—Civil, Will Rhee, L. Richard Walker Jan 2021

The Trial Preparation Procedures—Civil, Will Rhee, L. Richard Walker

Law Faculty Scholarship

In an effort to provide scholarship immediately useful to the litigator, this Article proposes a detailed systems workflow to plan and coordinate preparing for federal civil trials called the Trial Preparation Procedures—Civil or "TrialPrepPro—Civil" for short. Although there is an abundance of anecdotal "learning from doing" trial preparation guidance, empirically testable "learning about doing" trial preparation guidance is rare. We present our TrialPrepPro to learn more about doing.

The TrialPrepPro is modeled after the battle-proven U.S. Army Troop Leading Procedures used, with modifications, by all U.S. military services, our NATO allies, and many other foreign militaries. Although there is ample …


History Of The First Women Project, Nicole P. Dyszlewski Jul 2020

History Of The First Women Project, Nicole P. Dyszlewski

Law Faculty Scholarship

No abstract provided.


Boldly Marching Through Closed Doors: The Experiences Of The Earliest Female Attorneys In Their Own Words, Nicole P. Dyszlewski Jul 2020

Boldly Marching Through Closed Doors: The Experiences Of The Earliest Female Attorneys In Their Own Words, Nicole P. Dyszlewski

Law Faculty Scholarship

No abstract provided.


Paying For Law School: Law Student Loan Indebtedness And Career Choices, Christopher J. Ryan Jr. Jan 2020

Paying For Law School: Law Student Loan Indebtedness And Career Choices, Christopher J. Ryan Jr.

Law Faculty Scholarship

No abstract provided.


Ok, Google, Will Artificial Intelligence Replace Human Lawyering?, Amy Vorenberg, Julie A. Oseid, Melissa Love Koenig Sep 2019

Ok, Google, Will Artificial Intelligence Replace Human Lawyering?, Amy Vorenberg, Julie A. Oseid, Melissa Love Koenig

Law Faculty Scholarship

Will Artificial Intelligence (AI) replace human lawyering? The answer is no. Despite worries that AI is getting so sophisticated that it could take over the profession, there is little cause for concern. Indeed, the surge of AI in the legal field has crystalized the real essence of effective lawyering. The lawyer’s craft goes beyond what AI can do because we listen with empathy to clients’ stories, strategize to find that story that might not be obvious, thoughtfully use our imagination and judgment to decide which story will appeal to an audience, and creatively tell those winning stories.

This article reviews …


Learning From Millennials In The Legal Workspace, Nicole P. Dyszlewski, Suzanne Harrington-Steppen Mar 2019

Learning From Millennials In The Legal Workspace, Nicole P. Dyszlewski, Suzanne Harrington-Steppen

Law Faculty Scholarship

No abstract provided.


Rhode Island Women's Bar Association & The History Of Women Lawyers In Our State, Nicole P. Dyszlewski, Cassandra L. Feeney, Gina Renzulli Lemay Jan 2019

Rhode Island Women's Bar Association & The History Of Women Lawyers In Our State, Nicole P. Dyszlewski, Cassandra L. Feeney, Gina Renzulli Lemay

Law Faculty Scholarship

No abstract provided.


Legal Education Unbundled (And Rebundled), Megan Carpenter Jan 2019

Legal Education Unbundled (And Rebundled), Megan Carpenter

Law Faculty Scholarship

This essay calls for an unbundling of legal education, much like the kind of unbundling we have seen in the cable, music, and print news media. It suggests that the standard legal education "bundle"-the generalized JD-is just one of many forms of legal education that can be packaged appropriately for today's legal education market needs.


Teaching And Assessing Soft Skills, Sophie M. Sparrow Jan 2018

Teaching And Assessing Soft Skills, Sophie M. Sparrow

Law Faculty Scholarship

[excerpt from article] It is our job as legal educators to put our law graduates in the best position to succeed as new lawyers.1 And to succeed, law graduates must possess certain qualities or character traits that will enable them to thrive within legal organizations.2 Despite many calls for reform in legal education to include more practice-related skills, including professionalism, many law professors teaching doctrinal courses are reluctant to incorporate teaching professional competencies and behaviors.3 They are unwilling to do so even though they have long decried students’ lack of professional skills.4 Professors complain that students show up late for …


The Legal Research Plan And The Research Log: An Examination Of The Role Of The Research Plan And Research Log In The Research Process, Caroline L. Osborne Oct 2016

The Legal Research Plan And The Research Log: An Examination Of The Role Of The Research Plan And Research Log In The Research Process, Caroline L. Osborne

Law Faculty Scholarship

This paper reviews the current status of the concept of the legal research plan. It summarizes the basic elements of the legal research plan, reviews the current literature and recommends a design of a plan for use in first year legal research programs and by novice researchers. Also, it considers the use of the research log in the research process.


Designing Law School Externships That Comply With The Flsa, Niki Kuckes Oct 2014

Designing Law School Externships That Comply With The Flsa, Niki Kuckes

Law Faculty Scholarship

No abstract provided.


Who Rates Prospective Federal Judges For The American Bar Association?, Michael J. Yelnosky Jan 2014

Who Rates Prospective Federal Judges For The American Bar Association?, Michael J. Yelnosky

Law Faculty Scholarship

No abstract provided.


Learning How To Learn: Carnegie's Third Apprenticeship, Laurie Barron Oct 2011

Learning How To Learn: Carnegie's Third Apprenticeship, Laurie Barron

Law Faculty Scholarship

No abstract provided.


The Detainees' Dilemma: The Virtues And Vices Of Advocacy Strategies In The War On Terror, Peter Margulies Apr 2009

The Detainees' Dilemma: The Virtues And Vices Of Advocacy Strategies In The War On Terror, Peter Margulies

Law Faculty Scholarship

No abstract provided.


True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies Jan 2008

True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies

Law Faculty Scholarship

Ideological agendas distort the deliberation required for sound legal advice about national security. Elite government lawyers after September 11 advanced a theory at the expense of context, labeling legal constraints as "lawfare" against American interests. The lawfare critics failed to recognize that legal constraints can empower decision makers by reinforcing reputational and other long-term values. They also failed their history test, ignoring the lessons of presidents from Jefferson to Kennedy who rejected a rigid adherence to ideology in the national security realm. By discounting context, the construction of the lawfare paradigm produced dire results, including the torture memos drafted by …


Mining The Web For Law Related Jobs In Intellectual Property In The United States, Jon R. Cavicchi Jan 2007

Mining The Web For Law Related Jobs In Intellectual Property In The United States, Jon R. Cavicchi

Law Faculty Scholarship

Intellectual property law has remained the hottest practice group for over a decade; it is one of the fastest-growing and most exciting fields today. The trend was clearly recognized as early as 1995 in an article Lesley Ellen Harris. 2 As far back as 1997, according to The National Law Journal, IP has been reported to be the most highly compensated segment of the legal profession for both trial and non-trial attorneys. 3 This article examines the process of finding IP jobs on the web.


The Perils Of Glasnost, David Logan Jan 2007

The Perils Of Glasnost, David Logan

Law Faculty Scholarship

No abstract provided.


Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies Apr 2006

Beyond Absolutism: Legal Institutions In The War On Terror, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Police Prosecution In Rhode Island: The Unauthorized Practice Of Law, Andrew Horwitz, John R. Grasso Jan 2006

Police Prosecution In Rhode Island: The Unauthorized Practice Of Law, Andrew Horwitz, John R. Grasso

Law Faculty Scholarship

Every day in Rhode Island, police officers are practicing law without a license in both the District Court and the Traffic Tribunal. They do so with the full stamp of approval of the judges before whom they appear, despite the fact that the unauthorized practice of law is a crime in Rhode Island, as it is in every other state in the country. While one can certainly speculate about reasons why this practice has developed, there is nothing in any published decision of the Supreme Court of Rhode Island or in any state statute that appears to permit or justify …


Reading/Teaching Lawyer Films, James R. Elkins Jul 2004

Reading/Teaching Lawyer Films, James R. Elkins

Law Faculty Scholarship

No abstract provided.


Culture Of Quiescence, Carl Bogus Apr 2004

Culture Of Quiescence, Carl Bogus

Law Faculty Scholarship

No abstract provided.


Professor Bryan Harris Remembered: "Volez" To A Pierce Law Friend, Jon R. Cavicchi Jan 2004

Professor Bryan Harris Remembered: "Volez" To A Pierce Law Friend, Jon R. Cavicchi

Law Faculty Scholarship

Bryan Harris, MA (Oxon), passed away recently in his beloved native England, after a brief illness. His wife Mary, two sons and a daughter survive him. Bryan Harris had a long and distinguished career as an author, educator, barrister, diplomat, publisher and lobbyist. He was a consultant on European Union policies and laws to commercial and professional firms and associations. For almost three decades he was a Member of the Board of Trustees and Adjunct Professor of European Union Law at Pierce Law. Pierce Law President and Dean, John Hutson summed up what many members of the Pierce Law community …


Taking The Lawyer's Craft Into Virtual Space: Computer-Mediated Interviewing, Counseling, And Negotiating, Robert M. Bastress, Joseph D. Harbaugh Oct 2003

Taking The Lawyer's Craft Into Virtual Space: Computer-Mediated Interviewing, Counseling, And Negotiating, Robert M. Bastress, Joseph D. Harbaugh

Law Faculty Scholarship

Bellow's and Moulton's The Lawyering Process emphasized the need for law students and lawyers to draw on other disciplines for effective skills development, to make self-analysis of their professional skills and principles a career-long practice, and to remain ever vigilant of emerging ethical issues. This article attempts to honor those lessons by applying them to lawyers' use of computer mediated communication (CMC) in interacting with clients and in negotiating for clients. The article examines the social science research on CMC, applies that research to the lawyer's context, and makes some tentative assessments about the skills involved in lawyers' use of …


A Law Culture Diagnostic, James R. Elkins Jan 2001

A Law Culture Diagnostic, James R. Elkins

Law Faculty Scholarship

No abstract provided.


How A Sole Practitioner Uses The "Electronic Office" To Maintain A Competitive Law Practice, Jesse Richardson Apr 1998

How A Sole Practitioner Uses The "Electronic Office" To Maintain A Competitive Law Practice, Jesse Richardson

Law Faculty Scholarship

No abstract provided.


Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz Jan 1998

Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.


Reflections On The Contents Of The Lawyer's Work - Three Models Of Spirituality - And Our Struggle With Them, Charles R. Disalvo, William L. Droel Jan 1996

Reflections On The Contents Of The Lawyer's Work - Three Models Of Spirituality - And Our Struggle With Them, Charles R. Disalvo, William L. Droel

Law Faculty Scholarship

No abstract provided.


Progressive Lawyering And Lost Traditions, Peter Margulies Jan 1995

Progressive Lawyering And Lost Traditions, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Pathologizing Professional Life: Psycho-Literary Case Stories, James R. Elkins Apr 1994

Pathologizing Professional Life: Psycho-Literary Case Stories, James R. Elkins

Law Faculty Scholarship

No abstract provided.


The Moral Labyrinth Of Zealous Advocacy, James R. Elkins Jul 1992

The Moral Labyrinth Of Zealous Advocacy, James R. Elkins

Law Faculty Scholarship

No abstract provided.