Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- BLR (65)
- Selected Works (64)
- Maurer School of Law: Indiana University (63)
- University of Pennsylvania Carey Law School (39)
- Penn State Dickinson Law (37)
-
- SelectedWorks (34)
- American University Washington College of Law (28)
- Case Western Reserve University School of Law (8)
- University of San Diego (8)
- Barry University School of Law (7)
- Pace University (7)
- West Virginia University (7)
- University of the District of Columbia School of Law (6)
- William & Mary Law School (6)
- University of Michigan Law School (4)
- University of Missouri-Kansas City School of Law (4)
- University of South Carolina (4)
- Cleveland State University (3)
- New York Law School (3)
- Notre Dame Law School (3)
- Schulich School of Law, Dalhousie University (3)
- Arizona Summit Law School (2)
- Villanova University Charles Widger School of Law (2)
- Washington and Lee University School of Law (2)
- Florida International University (1)
- Georgetown University Law Center (1)
- Nova Southeastern University (1)
- Pepperdine University (1)
- School of Education and Human Development at the University of Colorado Denver (1)
- Southern Methodist University (1)
- Publication Year
- Publication
-
- ExpressO (65)
- All Faculty Scholarship (40)
- Indiana Law Journal (33)
- Articles in Law Reviews & Other Academic Journals (27)
- Faculty Scholarly Works (23)
-
- Dickinson Law Review (2017-Present) (14)
- Alfred Aman Jr. (1991-2002) (11)
- Faculty Publications (9)
- Articles by Maurer Faculty (8)
- University of San Diego Public Law and Legal Theory Research Paper Series (8)
- Elisabeth Haub School of Law Faculty Publications (7)
- Faculty Scholarship (7)
- Adam Lamparello (6)
- John Lande (6)
- Journal Articles (6)
- Susan Daicoff (5)
- Faculty Works (4)
- Jennifer E Spreng (4)
- South Carolina Law Review (4)
- West Virginia Law Review (4)
- Carole Silver (3)
- David Barnhizer (3)
- Dr. Richard Cordero Esq. (3)
- James E. Moliterno (3)
- Keith Swisher (3)
- Law Faculty Scholarship (3)
- Other Publications (3)
- Popular Media (3)
- Susan D. Carle (3)
- William & Mary Law Review (3)
Articles 31 - 60 of 429
Full-Text Articles in Law
The Relevance Of Fatf's Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, Llerena Robles, Jose Carlos
The Relevance Of Fatf's Recommendations And Fourth Round Of Mutual Evaluations To The Legal Profession, Laurel S. Terry, Llerena Robles, Jose Carlos
Faculty Scholarly Works
More than two hundred countriesin the world have agreed to abide by the anti-money laundering ("AML") recommendations developed by the Financial Action Task Force ("FATF"), which is an intergovernmental organization. This Article focuses on the potential impact on the legal profession of FATF's fourth round of mutual evaluations. During these mutual evaluations, which currently are underway, FATF-affiliated countries examine each other's compliance with the FATF Recommendations and recommend follow-up action. This Article first presents the legal profession-related results from the completed Mutual Evaluation Reports. A number of these FATF Reports recommend changes that include requiring lawyers to report suspicious client …
Shades Of Liberalism: Lawyers And Social, Political And Legal Transformations In Nineteenth Century Cuba, Ricardo Pelegrin Taboada
Shades Of Liberalism: Lawyers And Social, Political And Legal Transformations In Nineteenth Century Cuba, Ricardo Pelegrin Taboada
FIU Electronic Theses and Dissertations
In 1819, Ferdinand VII ordered the creation of two Colegios de Abogados in Cuba to prevent the expansion of the number of legal professionals, as well as the unauthorized practice of law. The strategy, however, failed, and lawyers increasingly became a force of political and social change in the island, being mostly inspired by the debates about the implementation of liberal agendas in and out of Cuba. Some Colegios de Abogados eventually became centers of anti-Spanish conspiracy and lawyers even led recurrent uprisings for Cuban independence. Ideas of reform among Cuban lawyers, however, were diverse, and different interpretations of liberalism …
Utah’S Online Dispute Resolution Program, Deno Himonas
Utah’S Online Dispute Resolution Program, Deno Himonas
Dickinson Law Review (2017-Present)
This article by Utah Supreme Court Justice Deno Himonas describes Utah’s Online Dispute Resolution or ODR system. Launched in September 2018, Utah’s ODR system is available to litigants who have small claims disputes that involve $11,000 or less. The ODR system has been designed to provide “simple, quick, inexpensive and easily accessible justice” that includes “individualized assistance and information that is accessible across a multitude of electronic platforms.”
This article describes the history and philosophy behind Utah’s ODR system and includes a number of screen shots that show what an ODR litigant will see. Utah is the first U.S. state …
Washington’S Limited License Legal Technician Rule And Pathway To Expanded Access For Consumers, Stephen R. Crossland, Paula C. Littlewood
Washington’S Limited License Legal Technician Rule And Pathway To Expanded Access For Consumers, Stephen R. Crossland, Paula C. Littlewood
Dickinson Law Review (2017-Present)
Washington’s 2012 adoption of a Limited License Legal Technician (LLLT) rule has been a topic of great interest throughout the United States and elsewhere. This Article is co-written by Steve Crossland, who is the Chair of the Washington Supreme Court’s Limited License Legal Technician Board, which is responsible for implementing the rule, and Paula Littlewood, who is the Executive Director of the Washington State Bar Association, which is the unified bar association charged, inter alia, with lawyer and LLLT regulation. This Article builds on the authors’ previous articles about Washington’s LLLT program by providing previously unpublished information about the …
Educating The New Lawyer: Teaching Lawyers To Offer Unbundled And Other Client-Centric Services, Forrest S. Mosten, Julie Macfarlane, Elizabeth Potter Scully
Educating The New Lawyer: Teaching Lawyers To Offer Unbundled And Other Client-Centric Services, Forrest S. Mosten, Julie Macfarlane, Elizabeth Potter Scully
Dickinson Law Review (2017-Present)
In this article, Forrest Mosten and Julie Macfarlane build a new bridge in their 30-year professional relationship by linking their separate but complementary work in access to legal services, helping the self-represented litigant (“SRL”), transforming the lawyer from gladiator to problem-solver and conflict resolver, and using interdisciplinary team triage in Collaborative Law and preventive conflict wellness to better serve the public. The New Lawyer and Unbundled Legal Services are independent concepts that the three co-authors link in proposing new topics (including the concept of Legal Coaching, which is evolving from the unbundled model) and pedagogical approaches to teaching law students …
The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers
The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers
Dickinson Law Review (2017-Present)
This Article discusses issues regarding assistance of pro se litigants in the context of immigration law. In particular, Part II of this Article highlights programs such as the Legal Orientation Program (LOP) and Immigration Court Helpdesk (ICH) that attempt to alleviate some of the inherent difficulties non-citizen detainees face in immigration proceedings. Part III of this Article focuses on a 2008 Regulation by the Executive Office of Immigration Review (EOIR), which calls for discipline against attorneys that engage in a pattern or practice of failing to enter a Notice of Appearance when engaged in practice or preparation. Lastly, Part IV …
Navigating The New York Courts With The Assistance Of A Non-Lawyer, Fern Fisher
Navigating The New York Courts With The Assistance Of A Non-Lawyer, Fern Fisher
Dickinson Law Review (2017-Present)
This Article discusses a program implemented by the New York State Unified Court System in order to address the justice gap for unrepresented litigants. Part I of this Article discusses the process behind creating the New York Navigator’s Program (discussed in more detail Part II), a program designed to help non-lawyer “Navigators” to assist unrepresented litigants in a limited capacity when the litigants appear before different types of state courts. The Navigators must complete training before they are able to assist the litigants. This program has been well received, as Part IV discusses, and has helped more and more unrepresented …
Ethics And The History Of Social Movement Lawyering, Susan Carle
Ethics And The History Of Social Movement Lawyering, Susan Carle
Articles in Law Reviews & Other Academic Journals
No abstract provided.
A Reflection On The Ethics Of Movement Lawyering, Susan Carle, Scott L. Cummings
A Reflection On The Ethics Of Movement Lawyering, Susan Carle, Scott L. Cummings
Articles in Law Reviews & Other Academic Journals
This essay takes a new look at legal ethics issues salient to "movement lawyers" who maintain a sustained commitment to social movement goals and collaborate with social movement organizations over time to achieve them. The essay provides a historical overview of movement lawyering, tracing its development to current practice in which movement lawyers work in collaboration with mobilized social movement groups, though not always in traditional lawyer-client relationships. As this analysis reveals, contemporary movements employ a sophisticated array of strategies, which may pull lawyers away from traditional representation paradigms. We argue that the legal ethics literature on movement lawyering must …
The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis
The Progressive Prosecutor: An Imperative For Criminal Justice Reform, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Settlement Problem In Public Interest Law, Susan Carle
The Settlement Problem In Public Interest Law, Susan Carle
Articles in Law Reviews & Other Academic Journals
Public interest lawyers, of many types and political persuasions, play a vital role in pursuing '"public justice." For public interest (as for all) lawyers, settlement provides an important means of resolving cases. Yet a persisting ambivalence about case settlement in public interest law contributes to the difficulties public interest practitioners face in sustaining themselves in practice. Indeed, public interest lawyers identify case settlement as posing some of the most vexing legal ethics problems they routinely confront.
The trouble often stems from the fact that, in public interest law where clients do not pay for legal services, the economic incentives that …
The Uneasy History Of Experiential Education In U.S. Law Schools, Peter A. Joy
The Uneasy History Of Experiential Education In U.S. Law Schools, Peter A. Joy
Dickinson Law Review (2017-Present)
This article explores the history of legal education, particularly the rise of experiential learning and its importance. In the early years of legal education in the United States, law schools devalued the development of practical skills in students, and many legal educators viewed practical experience in prospective faculty as a “taint.” This article begins with a brief history of these early years and how legal education subsequently evolved with greater involvement of the American Bar Association (ABA). With involvement of the ABA came a call for greater uniformity in legal education and guidelines to help law schools establish criteria for …
The Reform Of The Russian Legal Profession: Three Varying Perspectives, Susan Carle, Delphine Nougayrède
The Reform Of The Russian Legal Profession: Three Varying Perspectives, Susan Carle, Delphine Nougayrède
Articles in Law Reviews & Other Academic Journals
This Article was co-authored by Susan Carle (American University Washington College of Law), Gayane Davidyan (Moscow State University), Thomas McDonald and Delphine Nougayrède. In the Article the four authors debate various approaches to reforming the legal profession in Russia. They start out with a historical introduction followed by a presentation and discussion of the status at present. A large number of legal practitioners, including the international law firms, are currently unregulated and practice within what is sometimes referred to as the "free sector". The Russian government has for a number of years attempted to introduce reforms that would require these …
“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate
“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate
Dickinson Law Review (2017-Present)
No abstract provided.
Introduction To Section V: Facilitating Dialogue With And About The Profession, Maureen Weidman
Introduction To Section V: Facilitating Dialogue With And About The Profession, Maureen Weidman
Dickinson Law Review (2017-Present)
No abstract provided.
College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler
College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler
Dickinson Law Review (2017-Present)
No abstract provided.
Law Firm Economics And Professionalism, Ward Bower
Law Firm Economics And Professionalism, Ward Bower
Dickinson Law Review (2017-Present)
Both Dean Kronman in The Lost Lawyer and Professor Glendon in A Nation Under Lawyers attribute some of the problems and challenges facing lawyers today to economic pressures and to a preoccupation with profits and fees. For Kronman, this economic focus interferes with the “moral detachment” necessary for achievement of the “lawyer-statesman” ideal. For Glendon, professional dilemmas caused by the deterioration of the legal economy, competition in the marketplace, lawyer-shopping by clients, early specialization, lack of mentoring and emphasis on the billable hour have created an unhappy generation of ethically challenged practitioners.
Both authors accurately assess the state of the …
Lawyers In The Mist: The Golden Age Of Legal Nostalgia, Marc Galanter
Lawyers In The Mist: The Golden Age Of Legal Nostalgia, Marc Galanter
Dickinson Law Review (2017-Present)
No one watching the contemporary furor over the litigation explosion and lawsuits devouring America can fail to be impressed by the power of folklore to overwhelm workaday organized social knowledge. Time and again, the protestations of bean-counters and skeptics are vanquished by stories about perverse institutions peopled by malingering plaintiffs, greedy lawyers, capricious jurors, and arrogant judges, proving yet again that it is not what is so that matters, but what people—at least for the moment—think is so. Tenacious belief may not make it so, but can have powerful effects.
In this essay I address another cluster of folklore about …
Address Of Justice Edward J. Fox Of The Supreme Court Of Pennsylvania, Edward J. Fox
Address Of Justice Edward J. Fox Of The Supreme Court Of Pennsylvania, Edward J. Fox
Dickinson Law Review (2017-Present)
No abstract provided.
Money Didn’T Buy Happiness, Lawrence J. Fox
Money Didn’T Buy Happiness, Lawrence J. Fox
Dickinson Law Review (2017-Present)
No abstract provided.
Introduction To Section Vi: Understanding And Improving Our Judicial System, Hanna Borsilli
Introduction To Section Vi: Understanding And Improving Our Judicial System, Hanna Borsilli
Dickinson Law Review (2017-Present)
No abstract provided.
Addressing The Lack Of Diversity In The Legal Profession, At The Undergraduate Level, Michael W. Carroll, Troy Romero
Addressing The Lack Of Diversity In The Legal Profession, At The Undergraduate Level, Michael W. Carroll, Troy Romero
Articles in Law Reviews & Other Academic Journals
The study and practice of law is among the most respected and well-regarded pursuits; unfortunately, it is also among the least diverse. The persistent and alarming lack of diversity is prevalent in the industry regardless of the culture. In the United States and in Europe, statistics show that lawyers are overwhelmingly comprised by white males, especially in the higher ranks of the profession. Several factors contribute to this lack of diversity, including access to legal professionals and costs associated with pursuing a legal degree. Several strategies have been initiated to increase diversity in the field, including increasing awareness of the …
Reconstructing Professionalism, Dana A. Remus
Reconstructing Professionalism, Dana A. Remus
Georgia Law Review
Amidst widespread calls of crisis in the American legal
profession, scholars, commentators and bar leaders are
proposing that we rely on market logic to address the
problems and challenges of contemporary lawyering.
Proposed reforms seek to unbundle, commoditize, and
automate as many legal services as possible; to allow non-
lawyers to capitalize law firms and litigation; and to
permit services providers with limited or no legal training
to perform a wide range of legal tasks. In much the same
way that policymakers in the 1980s and 1990s came to
accept market-based deregulatory reforms to industries
across the country, today's ethics …
The Power Of The Public Defender Experience: Learning By Fighting For The Incarcerated And Poor, Patrick C. Brayer
The Power Of The Public Defender Experience: Learning By Fighting For The Incarcerated And Poor, Patrick C. Brayer
Faculty Works
This Essay discusses how public defender apprenticeships impact law students and help mold their future careers. Brayer discusses the tangible advantages that the apprenticeship imparts on students as well as the transferable skills that students gain. Brayer then analyzes the internal and professional growth of students that participate in this apprenticeship. Brayer situates this growth within the context of Chief Justice John Marshall’s own similar experience, arguing how the public defender experience focuses and matures aspiring lawyers.
Looking For Competencies In All Of The Right Places, Laurel Terry
Looking For Competencies In All Of The Right Places, Laurel Terry
Faculty Scholarly Works
No abstract provided.
Establishing Best Billing Practices Through Billing Guidelines: Fostering Trust And Transparency On Legal Costs, Laura Johnson, Howard Tollin, Marci Waterman, Sarah Mills-Dirlam
Establishing Best Billing Practices Through Billing Guidelines: Fostering Trust And Transparency On Legal Costs, Laura Johnson, Howard Tollin, Marci Waterman, Sarah Mills-Dirlam
University of Arkansas at Little Rock Law Review
No abstract provided.
An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts
An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts
South Carolina Law Review
No abstract provided.
#Lawyeringpeace: The Role Of Lawyers In Peacebuilding, Paul Williams, Christin Coster
#Lawyeringpeace: The Role Of Lawyers In Peacebuilding, Paul Williams, Christin Coster
Articles in Law Reviews & Other Academic Journals
Based on the Public International Law & Policy Group’s (“PILPG”) two decades of experience assisting countries and clients in conflict situations, it is clear there are a number of ways for lawyers and international law to promote peacebuilding. This article condenses information shared during the International Law Weekend panel, “International Law and States in Emergency: Responses and Challenges.” The focus of the presentation was how lawyers can and should make a difference in peacebuilding and post-conflict constitution drafting. The world needs more lawyers to “lawyer peace” by assisting countries and clients involved in ongoing conflicts or in peace negotiations. In …
Training For Bargaining, Jenny M. Roberts, Ronald F. Wright
Training For Bargaining, Jenny M. Roberts, Ronald F. Wright
Articles in Law Reviews & Other Academic Journals
While plea bargaining dominates the practice of criminal law, preparation for trial remains central to defense attorneys’ training. Negotiation is still peripheral to that training. Defense lawyers enter practice with little exposure to negotiation techniques and strategies in the plea bargaining context, the most significant skills they use every day.
Empirical research on plea negotiations has concentrated on outcomes of negotiations rather than the process itself. Our multi-phase field study examines the negotiation techniques that attorneys use during plea bargaining, as well as their preparation and training for negotiation. This Article explores the data on the training aspects of our …
When It Comes To Lawyers, Is An Ounce Of Prevention Worth A Pound Of Cure, Laurel Terry
When It Comes To Lawyers, Is An Ounce Of Prevention Worth A Pound Of Cure, Laurel Terry
Faculty Scholarly Works
This 3-page blog post addresses the topic of proactive lawyer regulation, which is also known as proactive management-based regulation or PMBR. This blog post reviews Professor Susan Fortney's article entitled "Promoting Public Protection through an “Attorney Integrity” System: Lessons from the Australian Experience with Proactive Regulation System," and summarizes some of the impressive data that Professor Fortney collected in Australia, including her finding that sixty-two percent of the respondents reported that they agreed or strongly agreed with the following statement: the self-assessment process ‘was a learning exercise that enabled our firm to improve client service.’” The article also reports that …