Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 11 of 11

Full-Text Articles in Law

Avatars, Acting, And Imagination: Bringing New Techniques Into The Legal Classroom, Joy Kanwar Oct 2018

Avatars, Acting, And Imagination: Bringing New Techniques Into The Legal Classroom, Joy Kanwar

Faculty Scholarship

No abstract provided.


"They're Digging In The Wrong Place." How Learning Outcomes Can Improve Bar Exams And Ensure Practice Ready Attorneys, Debra Curtis Feb 2018

"They're Digging In The Wrong Place." How Learning Outcomes Can Improve Bar Exams And Ensure Practice Ready Attorneys, Debra Curtis

Faculty Scholarship

No abstract provided.


Teaching Bioethics: The Role Of Empathy & Humility In The Teaching And Practice Of Law, Barbara A. Noah Jan 2018

Teaching Bioethics: The Role Of Empathy & Humility In The Teaching And Practice Of Law, Barbara A. Noah

Faculty Scholarship

This essay considers the role of empathy and humility in the professional practices of physicians and lawyers and in those who prepare students for these professions. Beginning with an overview of the goals and methods of legal education, it compares similar goals in medical education and the value of practicing law (and medicine) with empathy and humility. The essay then describes exercises used in the law school classroom designed both to teach law students about end-of-life law and also to allow them to practice counseling clients. Through these exercises, law students can experience firsthand the challenges of advising a client …


Distilling Fear, Heidi K. Brown Jan 2018

Distilling Fear, Heidi K. Brown

Faculty Scholarship

No abstract provided.


Preparing Law Students In The Wake Of #Metoo, Paula A. Monopoli Jan 2018

Preparing Law Students In The Wake Of #Metoo, Paula A. Monopoli

Faculty Scholarship

No abstract provided.


A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank A. Pasquale Jan 2018

A Rule Of Persons, Not Machines: The Limits Of Legal Automation, Frank A. Pasquale

Faculty Scholarship

No abstract provided.


The State's Role In The Regulation And Provision Of Legal Services In South Africa And The United States: Supporting, Nudging Or Interfering?, Helen Kruuse, Philip Genty Jan 2018

The State's Role In The Regulation And Provision Of Legal Services In South Africa And The United States: Supporting, Nudging Or Interfering?, Helen Kruuse, Philip Genty

Faculty Scholarship

An independent legal profession is said to be “the bulwark of a free and democratic society.” It is also said that a high measure of independence of mind and action by legal actors is necessary for the maintenance of the rule of law. However, too often, there is the allegation (within the sociological literature in particular) that the legal profession has used the concepts of independence and the rule of law as a shield or cuirass rather than as a sword. The image of lawyers representing unpopular clients fearlessly and advocating on behalf of unpopular causes, so as to uphold …


Developing Workplace Law Programming: A Labor Of Love, Michael Z. Green Jan 2018

Developing Workplace Law Programming: A Labor Of Love, Michael Z. Green

Faculty Scholarship

Professor Green reflects and comments on his work in developing workplace law programming as a key component of the annual SEALS program.


Adr And Access To Justice: Current Perspectives, Rory Van Loo, Ellen E. Deason, Michael Z. Green, Donna Shestowsky, Ellen Waldman Jan 2018

Adr And Access To Justice: Current Perspectives, Rory Van Loo, Ellen E. Deason, Michael Z. Green, Donna Shestowsky, Ellen Waldman

Faculty Scholarship

Access to justice is a broad topic, and we cannot cover everything. You will notice a few major omissions. Most notably, we are not going to emphasize consumer pre-dispute arbitration agreements. This is not because they are not important, but because much has been written and said on this topic, and it could easily swallow the whole discussion. Also, we are probably not going to say very much about restorative justice, and I am sure you will notice some other holes. We invite you to raise missing issues in your comments.

Let me start with a few opening remarks. We …


Southeast Of What? Reflections On Seals' Success, Thomas B. Metzloff Jan 2018

Southeast Of What? Reflections On Seals' Success, Thomas B. Metzloff

Faculty Scholarship

No abstract provided.


Studying The "New" Civil Judges, Anna E. Carpenter, Jessica K. Steinberg, Colleen F. Shanahan, Alyx Mark Jan 2018

Studying The "New" Civil Judges, Anna E. Carpenter, Jessica K. Steinberg, Colleen F. Shanahan, Alyx Mark

Faculty Scholarship

We know very little about the people and institutions that make up the bulk of the United States civil justice system: state judges and state courts. Our understanding of civil justice is based primarily on federal litigation and the decisions of appellate judges. Staggeringly little legal scholarship focuses on state courts and judges. We simply do not know what most judges are doing in their day-to-day courtroom roles or in their roles as institutional actors and managers of civil justice infrastructure. We know little about the factors that shape and influence judicial practices, let alone the consequences of those practices …