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Full-Text Articles in Law

Contemporary Trusts And Estates: An Experiential Approach (2nd Ed)., Susan Gary, Jerome Borison, Naomi Cahn, Paula Monopoli Nov 2014

Contemporary Trusts And Estates: An Experiential Approach (2nd Ed)., Susan Gary, Jerome Borison, Naomi Cahn, Paula Monopoli

Paula A Monopoli

Contemporary Trusts and Estates: An Experiential Approach uses cases and statutory materials, along with exercises and problems, to integrate legal analysis and practice skills. Consistent with the Carnegie Report‘s call for more practice skills, it includes exercises in document drafting, role-playing, and letter writing to clients.


Contemporary Trusts And Estates - An Experiential Approach, Jerome Borison, Naomi R. Cahn, Susan N. Gary, Paula A. Monopoli Apr 2014

Contemporary Trusts And Estates - An Experiential Approach, Jerome Borison, Naomi R. Cahn, Susan N. Gary, Paula A. Monopoli

Paula A Monopoli

In this essay in a special issue dedicated to teaching trusts and estates, the co-authors of Contemporary Trusts & Estates: An Experiential Approach (2d. ed. Aspen 2014) reflect on how the teaching of trusts and estates can integrate policy, practice, doctrine, and centuries of tradition. They describe the genesis of their problem-based casebook and the influence of the Carnegie Report on their choice of pedagogic framework. Each of the co-authors embraced the fundamental principles advocated by the Carnegie Report, which counsels that legal education should integrate “theoretical and practical legal knowledge and professional identity.” This essay goes on to outline …


Symposium: Title Ix: Women, Athletics And The Law - Foreword, Paula Monopoli Mar 2014

Symposium: Title Ix: Women, Athletics And The Law - Foreword, Paula Monopoli

Paula A Monopoli

No abstract provided.


Gender And The Crisis In Legal Education: Remaking The Academy In Our Image, Paula A. Monopoli Aug 2013

Gender And The Crisis In Legal Education: Remaking The Academy In Our Image, Paula A. Monopoli

Paula A Monopoli

American legal education is in the grip of what some have called an “existential crisis.” The New York Times proclaims the death of the current system of legal education. This is attributed, in part, to the incentivizing of faculty to produce increasingly abstract scholarship and the costs this imposes on pedagogy and the mentoring of students. At the same time, despite women graduating from law schools in significant numbers since the 1980s, they continue to lag behind in the most prestigious positions in academia—tenured, full professorships: From academic year 1998-99 to academic year 2007-08, the percentage of women full professors …


Law And Leadership: Integrating Leadership Studies Into The Law School Curriculum, Paula A. Monopoli, Susan Mccarty Dec 2012

Law And Leadership: Integrating Leadership Studies Into The Law School Curriculum, Paula A. Monopoli, Susan Mccarty

Paula A Monopoli

Leadership includes the ability to persuade others to embrace one’s ideas and to act upon them. Teaching law students the art of persuasion through advocacy is at the heart of legal education. But historically law schools have not included leadership studies in the curriculum. This book is one of the first to examine whether and how to integrate the theory and practice of leadership studies into legal education and the legal profession. Interdisciplinary in its scope, with contributions from legal educators and practitioners, the book defines leadership in the context of the legal profession and explores its challenges in legal …


Toward Equality: Nonmarital Children And The Uniform Probate Code, Paula A. Monopoli Sep 2012

Toward Equality: Nonmarital Children And The Uniform Probate Code, Paula A. Monopoli

Paula A Monopoli

This Article traces the evolution of the Uniform Probate Code's (UPC) broad equality framework for inheritance by nonmarital children in the context of the wider movement for legal equality for such children in society. It concludes that the UPC is to be lauded for its efforts to provide equal treatment to all nonmarital children. The UPC'c commitment to such equality serves an expressive function for state legilatures and courts to follow its lead. The UPC has fulfilled its promise that all children regardless of marital status shall be equal for purposes of inheritance from or through parents, with one exception: …


American Probate: Protecting The Public, Improving The Process, Paula Monopoli Nov 2011

American Probate: Protecting The Public, Improving The Process, Paula Monopoli

Paula A Monopoli

New Hampshire judge and probate attorney John Fairbanks, a court-appointed executor and trustee, stole thousands of dollars from the estates of his trusting elderly clients. Successful Virginia lawyer David Murray misappropriated nearly four million dollars from estates entrusted to him in one of the largest financial swindles by a lawyer in U.S. history. Enterprising attorney James Gunderson drafted wills and living trusts for many residents of Leisure World in Orange County, California, who named him the sole trustee and major beneficiary. These are just some of the cases examined by Paula A. Monopoli to illustrate the unsettling prevalence of fraud …


Contemporary Approaches To Trusts And Estates, Susan Gary, Jerome Borison, Naomi Cahn, Paula Monopoli Nov 2011

Contemporary Approaches To Trusts And Estates, Susan Gary, Jerome Borison, Naomi Cahn, Paula Monopoli

Paula A Monopoli

This book uses cases and statutory materials along with exercises and problems to integrate legal analysis and practice skills. The book can be used in a three- or four-credit course with or without the exercises, and sample syllabi are included in the Teacher’s Manual.


Contemporary Approaches To Trusts And Estates, Susan N. Gary, Jerome Borison, Naomi R. Cahn, Paula A. Monopoli Sep 2011

Contemporary Approaches To Trusts And Estates, Susan N. Gary, Jerome Borison, Naomi R. Cahn, Paula A. Monopoli

Paula A Monopoli

This book uses cases and statutory materials along with exercises and problems to integrate legal analysis and practice skills. The book can be used in a three- or four-credit course with or without the exercises, and sample syllabi are included in the Teacher’s Manual.


"What Do You Crave?" Developing Young Lawyers' Ability To Know Themselves, Paula A. Monopoli May 2011

"What Do You Crave?" Developing Young Lawyers' Ability To Know Themselves, Paula A. Monopoli

Paula A Monopoli

No abstract provided.


Marriage, Property And [In]Equality: Remedying Erisa's Disparate Impact On Spousal Wealth, Paula A. Monopoli Nov 2009

Marriage, Property And [In]Equality: Remedying Erisa's Disparate Impact On Spousal Wealth, Paula A. Monopoli

Paula A Monopoli

Congress is considering pension reform in the wake of the tremendous loss in market value of retirement plans during the current recession. This article suggests that this is a historic moment to remedy a previously unidentified, unintended but profound gender disparity embedded in the federal law governing retirement plans in this country. It explores the common perception that while contemporary law and policy aim to facilitate equality within marriage, including in the area of property ownership, embracing equitable distribution in reallocating property upon divorce, the Employment Retirement Income Security Act’s (ERISA) structuring of retirement asset accumulation runs counter to this …


Why So Slow: A Comparative View Of Women's Political Leadership, Paula Monopoli Dec 2008

Why So Slow: A Comparative View Of Women's Political Leadership, Paula Monopoli

Paula A Monopoli

No abstract provided.


The Global Advancement Of Women: Barriers And Best Practices - Foreword, Paula A. Monopoli Sep 2008

The Global Advancement Of Women: Barriers And Best Practices - Foreword, Paula A. Monopoli

Paula A Monopoli

No abstract provided.


In A Different Voice: Lessons From Ledbetter, Paula A. Monopoli Sep 2008

In A Different Voice: Lessons From Ledbetter, Paula A. Monopoli

Paula A Monopoli

Women in academia—among some of the best educated women in America—suffer from the same salary inequities as other women in society. The American Association of University Professors (AAUP) has found that women faculty “earn lower salaries on average even when they hold the same rank as men.” Thus, the recent United States Supreme Court decision on pay equity, Ledbetter v. Goodyear Tire & Rubber Company, holds a number of important lessons for women in academia. This article explores the intersection of these findings with the Court’s opinion in Ledbetter. The article examines the revealing rhetorical choices in the majority opinion, …


Drafting Attorneys As Fiduciaries: Fashioning An Optimal Ethical Rule For Conflicts Of Interest, Paula A. Monopoli Sep 2008

Drafting Attorneys As Fiduciaries: Fashioning An Optimal Ethical Rule For Conflicts Of Interest, Paula A. Monopoli

Paula A Monopoli

The American Bar Association recently revised the ethical rules that govern lawyers. Its Ethics 2000 Commission proposed a number of changes to the Model Rules of Professional Conduct, including revisions to the rules that affect how the profession handles conflicts of interest in the area of attorneys who draft instruments that name themselves as fiduciaries. The intersection of these changes, with their subsequent clarification by an ABA opinion issued in May 2002, has broad implications for attorneys practicing in this area. Given the increasing elderly population, the trillions of dollars that they are transferring to their baby-boomer children, and the …


Women And The "New" Corporate Governance, Lisa M. Fairfax, Paula A. Monopoli Sep 2008

Women And The "New" Corporate Governance, Lisa M. Fairfax, Paula A. Monopoli

Paula A Monopoli

No abstract provided.


Gender And Justice: Parity And The United States Supreme Court, Paula A. Monopoli Sep 2008

Gender And Justice: Parity And The United States Supreme Court, Paula A. Monopoli

Paula A Monopoli

There is a deep concern among many American women that only one woman remains on the United States Supreme Court. When Justice Sandra Day O’Connor was sworn in on September 25, 1981, most people never imagined that twenty-five years later there would still be only one woman on the Court. It appears that it will be many more years before there is a critical mass of women sitting on the high court. Given its central role, the Court should better represent the gender balance in American society. In a number of other countries, voluntary or involuntary parity provisions have been …


The Global Advancement Of Women: Barriers And Best Practices - Foreword, Paula A. Monopoli Sep 2008

The Global Advancement Of Women: Barriers And Best Practices - Foreword, Paula A. Monopoli

Paula A Monopoli

No abstract provided.


"Deadbeat Dads": Should Support And Inheritance Be Linked?, Paula A. Monopoli Sep 2008

"Deadbeat Dads": Should Support And Inheritance Be Linked?, Paula A. Monopoli

Paula A Monopoli

No abstract provided.