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Full-Text Articles in Law

Lawyer As Soothsayer: Exploring The Important Role Of Outcome Prediction In The Practice Of Law, Mark K. Osbeck Dec 2018

Lawyer As Soothsayer: Exploring The Important Role Of Outcome Prediction In The Practice Of Law, Mark K. Osbeck

Articles

Outcome prediction has always been an important part of practicing law. Clients rely heavily on their attorneys to provide accurate assessments of the potential legal consequences they face when making important decisions (such as whether to accept a plea bargain, or risk a conviction on a much more serious offense at trial). And yet, notwithstanding its enormous importance to the practice of law (and notwithstanding the handsome legal fees it commands), outcome prediction in the law remains a very imprecise endeavor. The reason for this inaccuracy is that the three principal tools lawyers have traditionally relied on to facilitate outcome ...


From Sagebrush Law To A Modern Profession, Kristina J. Running Nov 2018

From Sagebrush Law To A Modern Profession, Kristina J. Running

Articles

No abstract provided.


Using Appellate Clinics To Focus On Legal Writing Skills, Timothy Pinto May 2018

Using Appellate Clinics To Focus On Legal Writing Skills, Timothy Pinto

Articles

Five years ago, I went to lunch with a colleague. I was teaching a legal writing course to 1L students, and he taught in a clinic in which 2L and 3L students were required to write short motions and briefs. Several of his students had taken my writing class as 1Ls, and he had a question for me. "What the heck are you teaching these students?" he asked as we sat down. He explained that several of his students were struggling with preparing simple motions. They were not laying out facts clearly. They were not identifying key legal rules. In ...


The Law Hasn't Yet Achieved Parity, Leah Litman Mar 2018

The Law Hasn't Yet Achieved Parity, Leah Litman

Articles

Parity between men and women in the legal profession is an aspiration. It’s not reality, at least not yet. I wish I’d have understood that in law school because hearing that there’s parity when there’s none can be maddening. I also wish I would have known about the resources available to people who want to do something about the lack of parity in our profession.


Telling Tales The Transactional Lawyer As Storyteller, Karen J. Sneddon Jan 2018

Telling Tales The Transactional Lawyer As Storyteller, Karen J. Sneddon

Articles

Transactional lawyers are storytellers, although they may not think of themselves as such. They work with provisions and clauses to build trans-actional documents that encapsulate the wishes, hopes, and fears of the transacting parties to promote, guide, and control the relationship of those parties. Narratology, the theory of narrative, can provide a resource to transactional lawyers that facilitates the construction of a wide range of transactional documents, which can themselves be considered narratives.

The form documents that transactional lawyers use as starting points in the drafting process are already rife with narrative characteristics; they are embedded with characters and plots ...


Celebrating Mundane Conflict, Deborah J. Cantrell Jan 2018

Celebrating Mundane Conflict, Deborah J. Cantrell

Articles

This Article interrogates the dominant conception of conflict and challenges the narrative of conflict as hard, difficult and painful to engage. The Article reveals two primary framing errors that cause one to misperceive how ubiquitous and ordinary is conflict. The first error is to misperceive conflict as categorical — something either is a conflict or it is not. People make that error as a way of trying to avoid conflict. People falsely hope that there might be a category of “not conflict,” like disagreements, that will be easier to navigate. The second error is to misperceive the world and individuals as ...


An Invitation Regarding Law And Legal Education, And Imagining The Future, Michael J. Madison Jan 2018

An Invitation Regarding Law And Legal Education, And Imagining The Future, Michael J. Madison

Articles

This Essay consists of an invitation to participate in conversations about the future of legal education in ways that integrate rather than distinguish several threads of concern and revision that have emerged over the last decade. Conversations about the future of legal education necessarily include conversations about the future of law practice, legal services, and law itself. Some of those start with the somewhat stale questions: What are US law professors doing, what should they be doing, and why? Those questions are still relevant and important, but they are no longer the only relevant questions, and they are not the ...


Tenure Redux, Jacqueline D. Lipton Jan 2018

Tenure Redux, Jacqueline D. Lipton

Articles

This essay is a reflection on some of the questions that arose during the author's tenure process that are likely pertinent to others on the tenure track today particularly with respect to questions about writing style in tenure pieces, and on whether early scholars should focus on general law reviews or specialty journals--depending on their areas of expertise--or a combination of both. It also reflects on choice of subject matter for tenure work, and whether some of that work may or may not stand the test of time, as well as on differences between the U.S. legal scholarship ...


Response, Bridges Ii: The Law--Stem Alliance & Next Generation Innovation, Harry Surden Jan 2018

Response, Bridges Ii: The Law--Stem Alliance & Next Generation Innovation, Harry Surden

Articles

Technological change recently has altered business models in the legal field, and these changes will continue to affect the practice of law itself. How can we, as educators, prepare law students to meet the challenges of new technology throughout their careers?


Adventures In Higher Education, Happiness, And Mindfulness, Peter H. Huang Jan 2018

Adventures In Higher Education, Happiness, And Mindfulness, Peter H. Huang

Articles

This Article recounts my unique adventures in higher education, including being a Princeton University freshman mathematics major at age 14, Harvard University applied mathematics graduate student at age 17, economics and finance faculty at multiple schools, first-year law student at the University of Chicago, second- and third-year law student at Stanford University, and law faculty at multiple schools. This Article also candidly discusses my experiences as student and professor and openly shares how I achieved sustainable happiness by practicing mindfulness to reduce fears, rumination, and worry in facing adversity, disappointment, and setbacks. This Article analyzes why law schools should teach ...


The Runaway Judge: John Grisham’S Appearance In Judicial Opinions, Nicholas Mignanelli Jan 2018

The Runaway Judge: John Grisham’S Appearance In Judicial Opinions, Nicholas Mignanelli

Articles

No abstract provided.