Law Commons^™

Teaching Transactional Skills In Partnership With The Bar, Carl J. Circo

Carl J. Circo

It's All About The People: Creating A "Community Of Memory" In Civil Procedure Ii, Part One, Jennifer E. Spreng

Jennifer E Spreng

In Fall 2008, a nascent classroom community emerged among my Civil Procedure students, teaching assistants and I. That term’s adventure eventually became the vital “past” for the fully formed community that would knit students of future classes together as one.

The genesis of this early classroom community was my ideal of “the good lawyer” as the small-firm or small-jurisdiction practitioner I had known as a seven-year solo practitioner in a town of 50,000 people. That ideal was a combination of “the rhythms of the law” that run throughout the specialties; a more respectful and less stratified model of professionalism, and …

A Methodology For Mentoring Writing In Law Practice: Using Textual Clues To Provide Effective And Efficient Feedback, Jane Gionfriddo, Daniel Barnett, E. Joan Blum

Jane Kent Gionfriddo

Becoming a successful legal writer is a process that begins in law school and continues intensively during the beginning years of a lawyer's career. Throughout this process, in both contexts, a writer benefits enormously from feedback on his analysis, and how that analysis is conveyed, from those more experienced. Much has been written about how legal educators should respond to student written work, yet little addresses the role that supervising attorneys can play in mentoring the writing of less experienced colleagues. This article therefore proposes a methodology to help supervisor-mentors provide, in an efficient manner, effective feedback on junior lawyers' …

The Movement Toward Early Case Handling In Courts And Private Dispute Resolution, John Lande

John Lande

This article identifies early case handling (ECH) as an important general phenomenon in dispute system design theory and practice, catalogs the major ECH processes, and urges practitioners and policymakers to encourage use of and experimentation with ECH processes when appropriate. The key element of ECH is that people intentionally exercise responsibility for handling the case from the outset. ECH processes in courts include early case management procedures, differentiated case management systems, early neutral evaluation, and other early alternative dispute resolution (ADR) processes. ECH in the private sector includes ADR pledges and contract clauses, early case assessment and ADR screening protocols, …

Lawyer, Be Thyself: An Empirical Investigation Of The Relationship Between The Ethic Of Care, The Feeling Decisionmaking Preference, And Lawyer Wellbeing, Susan Daicoff

Susan Daicoff

No abstract provided.

Principles For Policymaking About Collaborative Law And Other Adr Processes, John Lande

John Lande

This Article articulates a set of principles for policymaking about “alternative dispute resolution” (ADR) to promote values of process pluralism, choice in dispute resolution processes, and sound decisionmaking. It argues that policymakers should use a dispute system design (DSD) framework in analyzing policy options. DSD involves systematically managing a series of disputes rather than handling individual disputes on an ad hoc basis. It generally includes assessing the needs of disputants and other stakeholders, planning to address those needs, providing necessary training and education for disputants and dispute resolution professionals, implementing the system, evaluating it, and making periodic modifications as needed. …

Lawyer Personality Traits And Their Relationship To Various Approaches To Lawyering, Susan Daicoff

Susan Daicoff

No abstract provided.

Thinking Like A Lawyer: The Heuristics Of Case Synthesis, Jane Gionfriddo

Jane Kent Gionfriddo

In a common law system where cases play such an important role in legal problem-solving, lawyers must be able to synthesize ideas from groups of cases to figure out a jurisdiction's law at a particular point in time; in reality, however, many lawyers aren't able to do so well enough for sophisticated law practice. Some lawyers understand and use this skill intuitively, but do not consciously think about the steps they actually take. Those in this group often do not sufficiently value case synthesis because it seems so obvious, with the result that they don't necessarily use this skill to …

The Well Balanced Lawyer, Susan Daicoff

Susan Daicoff

No abstract provided.

Arizona Bench And Bar Survey And Focus Group Results, Stephen Gerst

Stephen A Gerst

No abstract provided.

Clarifying The Law On Post-Employment Covenants, E. Joan Blum

E. Joan Blum

No abstract provided.

Lawyer, Know Thyself: A Psychological Analysis Of Personality Strengths And Weaknesses, Susan Daicoff

Susan Daicoff

No abstract provided.

The Effect Of Context On Practice [Book Review], Susan D. Carle

Susan D. Carle

Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John Lande

John Lande

This Article discusses what can be done to promote productive behavior in mediation and reduce bad conduct. Although most participants do not abuse the mediation process, some people use mediation to drag out litigation, gain leverage for later negotiations, and generally wear down the opposition. Rules requiring good-faith participation are likely to be ineffective and possibly counterproductive. This Article proposes using dispute system design principles to develop policies satisfying the interests of stakeholders in court-connected mediation programs. After outlining interests of key stakeholder groups including litigants, attorneys, courts, and mediators, the Article describes specific policies that could satisfy their interests. …

Billable Hours And Ordinary Time: A Theological Critique Of The Instrumentalization Of Time In Professional Life, M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.

Opening Remarks From The Salt Teaching Conference, Karen Czapanskiy

Karen Czapanskiy

No abstract provided.

Asking Leopards To Change Their Spots: Can Lawyers Change? A Critique Of Solutions To Professionalism By Reference To Empirically-Derived Attributes, Susan Daicoff

Susan Daicoff

No abstract provided.

Lawyer, Know Thyself: A Review Of Empirical Research On Attorney Attributes Bearing On Professionalism, Susan Daicoff

Susan Daicoff

No abstract provided.

(Oxymoron?) Ethical Decision-Making By Attorneys: An Empirical Study, Susan Daicoff

Susan Daicoff

No abstract provided.