Law Commons^™

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.

Law School News: Professor Gonzalez Is 2020 Rhode Island Lawyer Of The Year 01/11/21, Barry Bridges, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Champions For Justice & Public Interest Auction 2019, Roger Williams University School Of Law

School of Law Public Interest Auction

No abstract provided.

Redefining Roles And Duties Of The Transactional Lawyer: A Narrative Approach, Lori D. Johnson

St. John's Law Review

(Excerpt)

This Article posits that narrative theory can assist the transactional lawyer in walking this tightrope effectively and ethically.

Specifically, this Article proceeds to show that the use of narrative techniques, specifically those proposed by Walter Fisher, can assist transactional lawyers: (1) in understanding their clients’ goals more fully; (2) in more effectively advancing their clients’ goals through persuasion; and (3) in creating complete, holistic documents to govern the proposed deal. As such, the appropriate use of narrative techniques and understanding of narrative theory can enhance the skills of transactional lawyers, and improve client outcomes.

This Article proceeds in three …

Book Review: Legal Persuasion: A Rhetorical Approach To The Science, Lori D. Johnson, Sarah Morath

Scholarly Works

In this piece written for Legal Writing: The Journal of the Legal Writing Institute, Professor Lori D. Johnson provides a compelling review of new publication co-authored by William S. Boyd Law Professor Linda L. Berger.

Judge Kozinski Objects, Beth H. Wilensky

Articles

Sitting judges don’t get to practice law. So although they often opine on the dos and don’ts of effective advocacy, we rarely get to see them put their advice into practice. But a few years ago, a class-action lawsuit provided the rare opportunity to witness a federal judge acting as an advocate before another federal judge—if not in the role of attorney, then certainly in as close to that role as we are likely to see. Given the chance to employ his own advice about effective advocacy, would the judge—Alex Kozinski—practice what he preaches? Would his years of experience on …

Response To "One Year After Dondi: Time To Get Back To Litigating?", Thomas M. Reavley

Pepperdine Law Review

No abstract provided.

One Year After Dondi: Time To Get Back To Litigating?, William A. Brewer Iii, Francis B. Majorie

Pepperdine Law Review

No abstract provided.

Lawyer As Peacemaker: A Christian Response To Rambo Litigation, L. Timothy Perrin

Pepperdine Law Review

This article examines and critiques Rambo lawyering. The practice of law has evolved so that the cornerstone principle of client loyalty, together with the economic incentives inherent in law practice, not only create strong motivations for lawyers to pursue their clients' causes vigorously, but also allow lawyers to easily absolve themselves of any moral obligation for their activities as their clients' representatives. Vigorous advocacy is an indispensible part of the modern judicial system, and it is generally believed that truth and justice will be served as long as there are vigorous advocates on both sides and the profession's code of …

Professional Identity As Advocacy, Robert Rubinson

All Faculty Scholarship

The legal profession adheres to a story of a unified profession. Nevertheless, the profession has distinct professional sub-groups which repeatedly represent clients with interests adverse to those represented by attorneys who identify with other sub-groups. The idea of "professional identity as advocacy" describes how such professional sub-groups accuse opposing subgroups of greed, self-aggrandizement, or worse. This is most notable in two areas: personal injury litigation and criminal cases. This process has two seemingly contradictory consequences. First, it renders narrow areas extraordinarily visible, thus defining popular discourse and conceptions about lawyers and law. Second, it masks vast areas of litigation and …

Representing Parents In Child Welfare Cases, Vivek Sankaran

Book Chapters

A parent's constitutional right to raise his or her child is one of the most venerated liberty interests safeguarded by the Constitution and the courts.2 The law presumes parents to be fit, and it establishes that they do not need to be model parents to retain custody of their children.3 If the state seeks to interfere with the parent-child relationship, the Constitution mandates that the state: (1) prove parental unfitness, a standard defined by state laws; and (2) follow certain procedures protecting the due process rights of parents. The constitutional framework for child welfare cases is premised on the belief …

Slides: Water Footprints: Consciousness Raising Meets Risk Management, Steve Malloch

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Steve Malloch, Senior Western Water Program Manager, National Wildlife Federation, Seattle, WA

38 slides

Legal Storytelling: The Theory And The Practice - Reflective Writing Across The Curriculum, Nancy Levit

Nancy Levit

This article concentrates on the theory of narrative or storytelling and addresses the reasons it is vital to encourage in law schools in non-clinical or primarily doctrinal courses. Section I traces the advent of storytelling in legal theory and practice: while lawyers have long recognized that part of their job is to tell their clients' stories, the legal academy was, for many years, resistant to narrative methodologies. Section II examines the current applications of Writing Across the Curriculum in law schools. Most exploratory writing tasks in law school come in clinical courses, although a few adventurous professors are adding reflective …

Beyond Mitigation: Towards A Theory Of Allocution, Kimberly A. Thomas

Articles

THE COURT: I don't think I have time to listen .... I am not going to reexamine your guilt or innocence here. That is not the purpose of a sentence.. THE DEFENDANT: I did not have the chance to tell you .... THE DEFENDANT: But, your Honor, listen to me-1 Should the court hear this defendant? Is the story of innocence relevant at allocution-the defendant's opportunity to speak on his or her own behalf at the sentencing hearing prior to the imposition of sentence? Or, is the purpose of allocution something different, as the judge suggests? The answers depend on …

Why Does The Chesapeake Bay Need Litigators?, Jon A. Mueller, Joseph Tannery

University of Richmond Law Review

No abstract provided.

Is Voting Necessary? Organization Standing And Non-Voting Members Of Environmental Advocacy Organizations, Karl S. Coplan

Elisabeth Haub School of Law Faculty Publications

This article will examine the law of standing, and specifically, the conflicting decisions concerning the importance of voting rights in order to establish organizational standing. The article concludes that voting rights should not be essential to the assertion of representational standing. Nevertheless, the article will also consider alternate forms of organization that will improve an organization's chances of establishing representational standing, while addressing the concerns that lead organizations to avoid a voting membership in the first place.

Lawyers And Children: Wisdom And Legitimacy In Family Policy, Carl E. Schneider

Michigan Law Review

A Review of In the Interest of Children: Advocacy, Law Reform, and Public Policy by Robert H. Mnookin, Robert A. Burt, David L. Chambers, Michael S. Wald, Stephen D. Sugarman, Franklin E. Zimring, and Rayman L. Solomon

Only Judgment: The Limits Of Litigation In Social Change, Michigan Law Review

Michigan Law Review

A Review of Only Judgment: The Limits of Litigation in Social Change by Aryeh Neier

Adversary Ethics: More Dirty Tricks, Richard H. Underwood

Law Faculty Scholarly Articles

In this article the author provides a primer on the more common forms of cheating employed by trial lawyers. Another purpose is to suggest that there are antidotes that may be administered to curb these abuses, assuming that trial attorneys are alert enough to invoke them, and trial judges are willing to apply them.