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Articles 91 - 104 of 104
Full-Text Articles in Law
Better Writing, Better Thinking: Using Legal Writing Pedagogy In The "Casebook" Classroom (Without Grading Papers), Mary Beth Beazley
Better Writing, Better Thinking: Using Legal Writing Pedagogy In The "Casebook" Classroom (Without Grading Papers), Mary Beth Beazley
Scholarly Works
In this Article, Professor Beazley proposes that a Legal Writing revolution is the next revolution in legal education, and that the revolution is not just coming, it has begun. She offers first steps for law school faculty to take in furtherance of this revolution. Professor Beazley argues that the pioneers of this new revolution are Legal Writing faculty. Section I of this Article examines some ways that the law school culture that segregates Legal Writing faculty has both promoted their opportunities to develop innovative pedagogies and inhibited their ability to share those pedagogies with other faculty. Section II explains certain …
Faith In Legal Professionalism: Believers And Heretics, Samuel J. Levine
Faith In Legal Professionalism: Believers And Heretics, Samuel J. Levine
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The prevailing trend within the legal community has been to associate the recent decline of professionalism in the practice of law with the emergence of increasing commercialism, indicating that law has become more a business than a profession. Despite the evidence apparently supporting the position that law has evolved into a business, some scholars have responded by reaffirming the professionalism model, arguing that legal practice remains true to its professional ideals. These scholars admit that the professional paradigm is not without its flaws, but argue that it is more likely to lead to a better practice of law than the …
Third Party Payments To Criminal Defense Lawyers: Revisiting United States V. Hodge And Zweig, David Orentlicher
Third Party Payments To Criminal Defense Lawyers: Revisiting United States V. Hodge And Zweig, David Orentlicher
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No abstract provided.
Riddikulus!: Tenure-Track Legal Writing Faculty And The Boggart In The Wardrobe, Mary Beth Beazley
Riddikulus!: Tenure-Track Legal Writing Faculty And The Boggart In The Wardrobe, Mary Beth Beazley
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Professor Beazley compares myths to boggarts in this examination of the reasons schools cite when explaining their lack of tenure-track positions for legal writing faculty. These boggarts are the living myths that pop out and whisper in faculty ears whenever someone suggests that law schools should create tenure-track - or even permanent - faculty positions in legal writing. Although some faculties have defeated these boggarts, they are still out there, popping out not from under the bed or from behind the closet door, but at lunch in the faculty lounge, after the committee meeting, and during the conversation in the …
Emotional Intelligence And Legal Education, Marjorie A. Silver
Emotional Intelligence And Legal Education, Marjorie A. Silver
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The traditional knowledge-based law school curriculum is slowly giving way to one that increasingly exposes students to various lawyering skills. Nonetheless, legal educators are generally averse — or at best ill equipped — to support that training with the empathic and psychological skills good lawyering demands. The author discusses how emotional intelligence is essential to good lawyering and argues that it can and should be cultivated in law school. The article draws upon three examples of popular culture to explore both the absence and possibilities of interpersonal intelligence in the practice of law. The author also describes her own law …
Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine
Teaching Jewish Law In American Law Schools: An Emerging Development In Law And Religion, Samuel J. Levine
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In recent years, religion has gained an increasing prominence in both the legal profession and the academy. Through the emergence of the "religious lawyering movement," lawyers and legal scholars have demonstrated the potential relevance of religion to many aspects of lawyering. Likewise, legal scholars have incorporated religious thought into their work through books, law journals and classroom teaching relating to various areas of law and religion. In this Essay, Levine discusses one particular aspect of these efforts, namely, the place of Jewish law in the American law school curriculum. Specifically, he outlines briefly three possible models for a course in …
The Relevance Of Religion To A Lawyer's Work: Legal Ethics, Leslie C. Griffin
The Relevance Of Religion To A Lawyer's Work: Legal Ethics, Leslie C. Griffin
Scholarly Works
No abstract provided.
Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine
Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine
Scholarly Works
In recent years, legal practitioners and scholars alike have identified a growing crisis in the legal profession. Increasingly, lawyers feel dissatisfied with the roles they are expected to play and the conduct demanded of them. In particular, many lawyers see a widening gap between their personal values and those employed in legal practice. In response to the dichotomy between personal and professional values, some lawyers attempt to develop a corresponding dichotomy in their personalities, separating the “professional self” from the “personal self.” Such a response, however, may lead to a kind of “ethical schizophrenia,” a condition in which an individual …
Teaching In The Shadow Of The Bar, Joan W. Howarth
Teaching In The Shadow Of The Bar, Joan W. Howarth
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This Essay is a memorial tribute to Professor Trina Grillo. Trina took seriously what many of us know but find too hard to remember: the student who is academically disqualified or who fails the bar examination might be the most brilliant in the class or the most needed within the profession. When we conceive of the bar exam as a particularly grueling and potentially unfair rite of passage between law school and the practice of law, we collude in hiding the pervasive and often negative power of the bar exam. The bar examination permeates and controls fundamental aspects of legal …
The Broad Life Of The Jewish Lawyer: Integrating Spirituality, Scholarship And Profession, Samuel J. Levine
The Broad Life Of The Jewish Lawyer: Integrating Spirituality, Scholarship And Profession, Samuel J. Levine
Scholarly Works
The religious individual faces the constant challenge of reconciling religious ideals with the mundane realities of everyday life. Indeed, it is through the performance of ordinary daily activities that a person can truly observe such religious duties as serving God and loving one's neighbor. For the Orthodox Jew, an intricate set of religious laws and principles governs every area of life. In choosing a career, an Orthodox Jew must therefore be concerned that professional obligations not interfere with the fulfillment of religious ones. While religious duties impose obligations on the religious individual, at the same time they provide opportunities to …
Ethical Considerations In Medicaid Estate Planning: An Analysis Of The Aba Model Rules Of Professional Conduct, Eleanor Crosby Lanier, Ira M. Leff
Ethical Considerations In Medicaid Estate Planning: An Analysis Of The Aba Model Rules Of Professional Conduct, Eleanor Crosby Lanier, Ira M. Leff
Scholarly Works
The purpose of this article is to provide a starting point for discussion of ethical issues related to the practice of Medicaid estate planning. The authors explore the history of attorney involvement in planning and financing long-term care. They also analyze how the ABA Model Rules of Professional Conduct address the ethical dilemmas that arise in practice, using a case study to illustrate some of these issues. The individual authors' perspectives on this practice differ with respect to certain issues. One is a former Legal Services lawyer, and the other has a private practice which focuses on Medicaid estate planning.
Critical Thoughts About Race, Exclusion, Oppression And Tenure, Deborah W. Post
Critical Thoughts About Race, Exclusion, Oppression And Tenure, Deborah W. Post
Scholarly Works
No abstract provided.
Competency And Professionalism In Modern Litigation: The Role Of Law Schools, Ronald L. Carlson
Competency And Professionalism In Modern Litigation: The Role Of Law Schools, Ronald L. Carlson
Scholarly Works
This Article opens with an historical analysis of the forces that stimulated the growth of trial practice training. It then shifts the focus to the current concern of the bar with raising the level of professionalism among lawyers. Part III discusses the role of law schools in helping their students meet both competency and professionalism challenges. To this end, Part III addresses (1) the need of any trial practice course to incorporate litigation ethics in a meaningful way, perhaps within the context of creative and challenging problems materials; and (2) the need for instructors in the field to add quality …
Legal Advocacy, Performance, And Affection, D. Robert Lohn, Milner S. Ball
Legal Advocacy, Performance, And Affection, D. Robert Lohn, Milner S. Ball
Scholarly Works
Professor Geoffrey Hazard's lecture addresses appellate advocacy. That advocate's brief is best, he says, that, short of surrender, concedes most to the opposing party. We assume that Professor Hazard would scarcely have ventured out of New Haven to participate in the distinguished Sibley Lectureship merely to commend to the consideration of the audience an interesting but minor rhetorical ploy. Therefore we read his comments as surely implying more. We interpret his lecture as an invitation to rethink the nature of the courtroom event. The textual openings to our examination of fundamentals are found in various of Professor Hazard's comments--for instance, …