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Full-Text Articles in Law

Covid And Bar Admissions, Steven R. Smith Jan 2023

Covid And Bar Admissions, Steven R. Smith

Arkansas Law Review

The COVID-19 pandemic, killings of George Floyd and others, and civil unrest created dislocation, hardship, and uncertainty. For millions of people, it included deaths in family, unemployment, and serious mental and physical illness. Graduates of professional schools preparing to take licensing examinations faced unexpected obstacles in meeting licensing standards for their chosen professions. It quickly became apparent, for example, that the usual licensing examination arrangements were problematic. The question for licensing authorities in 2020 was what accommodations would be appropriate to take account of the disruptions applicants faced while fully protecting the public’s interest in careful licensing.


“Portability Of The Ube: Where Is It When You Need It And Do You Need It At All?”, Suzanne Darrow-Kleinhaus Jan 2021

“Portability Of The Ube: Where Is It When You Need It And Do You Need It At All?”, Suzanne Darrow-Kleinhaus

Touro Law Review

No abstract provided.


Is Bar Exam Failure A Harbinger Of Professional Discipline?, Jeffrey S. Kinsler Jun 2018

Is Bar Exam Failure A Harbinger Of Professional Discipline?, Jeffrey S. Kinsler

St. John's Law Review

(Excerpt)

This Article’s theses are premised on two suppositions. First, the primary causes of attorney discipline are nondiligence and incompetence. Similarly, the primary causes of bar exam failure are “poor study habits, weak academic skill development, or low intellectual functioning . . . .” Thus, it is reasonable to assume that lawyers who fail the bar exam are more likely to be disciplined as attorneys. Second, there is statistical and anecdotal evidence linking the failure of entrance exams and subsequent professional discipline in other occupations. It is plausible, therefore, that such a link exists in the legal profession.


The Future Of The Practice Of Law: Can Alternative Business Structures For The Legal Profession Improve Access To Legal Services?, James M. Mccauley May 2017

The Future Of The Practice Of Law: Can Alternative Business Structures For The Legal Profession Improve Access To Legal Services?, James M. Mccauley

University of Richmond Law Review

No abstract provided.


In Praise Of Law Books And Law Reviews (And Jargon-Filled Academic Writing), Cass R. Sunstein Apr 2016

In Praise Of Law Books And Law Reviews (And Jargon-Filled Academic Writing), Cass R. Sunstein

Michigan Law Review

Many people, including many lawyers and judges, disparage law reviews and the books that sometimes result from them on the ground that they often deal with abstruse topics, of little interest to the bar, and are sometimes full of jargon, including excessively academic and impenetrable writing. Some of the objections are warranted, but at their best, law books and law reviews show a high level of rigor, discipline, and care; they have a kind of internal morality. What might seem to be jargon is often a product of specialization, similar to what is observed in other fields (such as economics, …


Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman Dec 2014

Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman

University of Massachusetts Law Review

The false dichotomy between achieving diversity and rewarding merit frequently surfaces in discussions about decisions on university and law school admissions, scholarships, law licenses, jobs, and promotions. “Merit” judgments are often based on the results of standardized tests meant to predict who has the best chance to succeed if given the opportunity to do so. This Article criticizes over-reliance on standardized tests and responds to suggestions that challenging the use of such tests reflects a race-comes-first approach that chooses diversity over merit. Discussing the firefighter exam the led to the Supreme Court decision in Ricci v. DiStefano, as well …


Tending The Bar: The "Good Character" Requirement For Law Society Admission, Alice Woolley Apr 2007

Tending The Bar: The "Good Character" Requirement For Law Society Admission, Alice Woolley

Dalhousie Law Journal

Every Canadian law society requires thatapplicants for bar admission be of "good character" The author assesses the administration of this requirement and its statedpurposes ofensuring ethical conductby lawyers, protecting the public and maintaining the profession's reputation. In particular, the premise underlying the use of the good character requirement to fulfill those purposes - that character is the "well-spring of professional conduct in lawyers" - is subjected to critical examination through the theoretical principles of Artistotelian virtue ethics and the empirical evidence of social psychology. The primary thesis of this paper is that as currently justified, administered and applied the good …


Tribute To John Pickering, John Payton Nov 2005

Tribute To John Pickering, John Payton

Michigan Law Review

I want to reflect on what we have heard here today, and over the course of the last several weeks, about John Pickering. We have heard simply remarkable things about a remarkable man of consequence. He was not just a remarkable person. He was more than that. He was a remarkable person who did things that actually changed everyone's lives. He mattered. We heard a lot of things today and some of them we heard for the first time. But I do not think that any of us was surprised to hear any of them about John Pickering. We just …


German Lawyers-Training And Functions, Burke Shartel, Hans Julius Wolff Dec 1943

German Lawyers-Training And Functions, Burke Shartel, Hans Julius Wolff

Michigan Law Review

Before Hitler, Germany took justifiable pride in the quality of its judiciary, its bar and its legally trained officials. Germany was a country where special training for civil, military, business, and professional functions was highly developed and where special qualifications were highly esteemed. The solid quality of all legal personnel was merely a consequence and manifestation in one sphere of a general stress on expertness which characterized all aspects of German life. The high standards of bench, bar and other legal personnel have, however, been largely broken down by the Hitler regime. This result has not ensued from an open …


News Of Bench And Bar May 1934

News Of Bench And Bar

Indiana Law Journal

No abstract provided.


News Of Bench And Bar Mar 1934

News Of Bench And Bar

Indiana Law Journal

No abstract provided.


News Of Bench And Bar Feb 1934

News Of Bench And Bar

Indiana Law Journal

No abstract provided.


News Of The Bar And Bench Dec 1933

News Of The Bar And Bench

Indiana Law Journal

No abstract provided.


News Of The Bench And Bar Nov 1933

News Of The Bench And Bar

Indiana Law Journal

No abstract provided.


News Of Bench And Bar Jan 1932

News Of Bench And Bar

Indiana Law Journal

No abstract provided.


Reorganization Of The Bar, Eli F. Seebirt Dec 1931

Reorganization Of The Bar, Eli F. Seebirt

Indiana Law Journal

An address delivered before the Indiana State Bar Association at Lafayette, Indiana, July 10, 1931.


News Of Bench And Bar Nov 1931

News Of Bench And Bar

Indiana Law Journal

No abstract provided.


Lay Encroachments On The Legal Profession, E. Smythe Gambrell Jun 1931

Lay Encroachments On The Legal Profession, E. Smythe Gambrell

Michigan Law Review

The holding of the Minnesota supreme court in the Otterness case that: "Neither a corporation nor a layman, not admitted to practise, can practise law, nor indirectly practise law by hiring a licensed attorney to practise law for others for the benefit or profit of such hirer" is one of many recent judicial pronouncements in defense of the legal profession. These decisions may prompt many individuals to ask why there should be a professional monopoly in the practise of law. Governmental restraint against free and unregulated practise of law is not for the purpose of advancing the individual interests of …