Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Type
Articles 1 - 8 of 8
Full-Text Articles in Law
Say Sorry And Save: A Practical Argument For A Greater Role For Apologies In Medical Malpractice Law, Matthew Pillsbury
Say Sorry And Save: A Practical Argument For A Greater Role For Apologies In Medical Malpractice Law, Matthew Pillsbury
University of Massachusetts Law Review
This article examines both the potential benefits and detriments of the use of an apology in a legal setting. This article uses the specific environment surrounding a medical malpractice case to help illustrate how and why an apology should or should not be proffered by the Defendant. Ultimately, the reader of this article should have a solid understanding of how an apology can be admissible as evidence in the litigation of a medical malpractice lawsuit.
On Apology, Robert Ward
On Apology, Robert Ward
University of Massachusetts Law Review
On February 16, 2006, Dr. Aaron Lazare, Dean and Chancellor of the University of Massachusetts Medical Center, addressed an assembly at the Southern New England School of Law on his critically acclaimed book entitled: “On Apology!” According to Dr. Lazare, to be an effective apology, there must be acknowledgement, remorse, explanation and reparation. Dr. Lazare advances the hypothesis that the current proliferation of cases in our legal system is predicated on the concept that often the aggrieved party was not the beneficiary of an effective apology. In the context of the patient-physician relationship, an effective apology means telling the patient …
The Veterans Clinic And Legal Education: A Conversation With Professor Steven Berenson, Steven Berenson, Paul Lee
The Veterans Clinic And Legal Education: A Conversation With Professor Steven Berenson, Steven Berenson, Paul Lee
University of Massachusetts Law Review
This Article is a conversation between Professor Berenson and the UMass Law Review, discussing both his experience setting up the Clinic and the Clinic’s achievements. Part II provides a brief introduction to Professor Berenson’s work and how he started the TJSL Veterans Clinic. Part III considers veterans particular legal needs and how the Clinic addresses these issues. The Article concludes with some remarks from Professor Berenson regarding the future of the Clinic, and the overall movement of law schools toward greater practical education.
Self-Inflicted Wounds: How Military Regulations Prejudice Service Members, Kyndra Miller Rotunda, Ari Freilich
Self-Inflicted Wounds: How Military Regulations Prejudice Service Members, Kyndra Miller Rotunda, Ari Freilich
University of Massachusetts Law Review
This Article discusses two important facets of Military Regulation and veterans law. First, this Article explores how the Uniform Code of Military Justice treats veterans accused of committing self-injury. Thus, there is a prohibition on , including criminal prosecution of, attempted suicide, which this Article argues exacerbates the issues which many of our brave servicemen and women face upon returning home from combat, often carrying the burden of mental disorders such as post-traumatic stress disorder. Second, this Article delves into Air Force Regulations, which prohibits termination, without cause, once an officer reaches the rank of Major and has served at …
Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman
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 …
Watching The Watchers: The Growing Privatization Of Criminal Law Enforcement And The Need For Limits On Neighborhood Watch Associations, Sharon Finegan
Watching The Watchers: The Growing Privatization Of Criminal Law Enforcement And The Need For Limits On Neighborhood Watch Associations, Sharon Finegan
University of Massachusetts Law Review
On the night of February 26, 2012, George Zimmerman, a member of a neighborhood watch program, was patrolling his community in Sanford, Florida, when he spotted Trayvon Martin, a seventeen-year-old Africa-American high school student, walking through the neighborhood. Zimmerman dialed 911 and indicated that he was following "a real suspicious guy". The police dispatcher requested that Zimmerman discontinue following Martin, but he ignored the request and approached the teenager. In the resulting confrontation, Zimmerman used his legally owned semi-automatic handgun to shoot and kill Trayvon Martin. Martin, who was unarmed, had been returning from a local convenience store. George Zimmerman …
Enhancing The Teaching Of Lawyering Skills And Perspectives Through Virtual World Engagement, Andrea M. Seielstad
Enhancing The Teaching Of Lawyering Skills And Perspectives Through Virtual World Engagement, Andrea M. Seielstad
University of Massachusetts Law Review
Educators from around the globe are rapidly utilizing and transforming virtual worlds, such as Second Life, with innovative teaching strategies. Mediation and dispute resolution, and associated communication and problem-solving skills, are particularly well suited for developing in virtual worlds, as are other lawyering skills such as, interviewing, counseling, and trial advocacy. The opportunities for students and faculty to engage in cross-cultural exchange and networking are another selling feature of virtual world engagement. Virtual worlds offer particular promise for those seeking innovative and cost-effective ways to integrate more professional training and skills development into the law school curriculum. Moreover, as more …
The Kids Aren’T Alright: Rethinking The Law Student Skills Deficit, Rebecca Flanagan
The Kids Aren’T Alright: Rethinking The Law Student Skills Deficit, Rebecca Flanagan
Faculty Publications
This article examines empirical research on the changes in undergraduate education since the 1960’s and discusses the challenges facing law schools admitting underprepared students.