Law Commons^™

How Do Japanese Clients View Their Lawyers -- And How Did Those Views Change Over The Decade Between Surveys? [Bengoshi Ni Taisuru Soshōtōjisha No Hyōka – 10nen De Hyōka Wa Dou Kawatta Ka], Daniel H. Foote

Chapters in Books

A central component of the Civil Litigation Behavior Research Project (2003-2008) and the successor Civil Litigation Research Project (2016-2020) was a set of surveys of litigants in civil cases.1 For comparison purposes, each project also included a survey of the general public, containing a number of identical or similar questions. Among the many aspects of the litigation experience covered in the surveys, several questions focused on the lawyer-client relationship. These included questions about access to lawyers, advice by lawyers, and client evaluations of and level of satisfaction with the lawyers who represented them. After briefly examining some of the ways …

Protecting The Rights And Wellbeing Of People With Disabilities During The Covid-19 Pandemic, Elizabeth Pendo

Chapters in Books

The COVID-19 pandemic has exposed and exacerbated significant inequities experienced by people with disabilities. It has also emphasized the value of legal protections against discrimination based on disability. The Americans with Disabilities Act was enacted 30 years ago to eliminate discrimination against people with disabilities and ensure equal opportunity across major areas of American life (ADA, 2008). Together with an earlier law, the Rehabilitation Act of 1973 (Rehabilitation Act, 2012), this landmark civil rights law impacts a broad range of issues raised by the COVID-19 pandemic and protects a large and growing number of Americans. This Chapter focuses on application …

Protecting The Rights Of People With Disabilities, Elizabeth Pendo

Chapters in Books

One in four Americans — a diverse group of 61 million people — experience some form of disability (Okoro, 2018). On average, people with disabilities experience significant disparities in education, employment, poverty, access to health care, food security, housing, transportation, and exposure to crime and domestic violence (Pendo & Iezzoni, 2019). Intersections with demographic characteristics such as race, ethnicity, gender, and LGBT status, may intensify certain inequities. For example, women with disability experience greater disparities in income, education, and employment (Nosek, 2016), and members of underserved racial and ethnic groups with disabilities experience greater disparities in health status and access …

Rights Of Incarcerated Parents, Angélica Cházaro

Chapters in Books

This chapter discusses the childcare and custody rights of incarcerated parents. According to the U.S. Department of Justice, an estimated 809,800 state and federal prisoners were parents to children under the age of eighteen in 2007. There are approximately 1,706,600 children under the age of eighteen who have a parent in prison.

As a parent in prison, you may fear that your child will not be cared for, that you will lose your child, or that your relationship with your child will suffer while you are incarcerated. This Chapter focuses on New York state law and describes how the law …

Pathways, Integration, And Sequencing The Curriculum, Deborah Maranville, Cynthia Batt

Chapters in Books

Law school course offerings have proliferated in recent decades. This development reflects the addition of specialized doctrinal courses, a growing emphasis on interdisciplinary knowledge, and the incorporation of practice-oriented courses. From the perspective of the individual student, an expanded curriculum may create exciting educational opportunities while posing trade-offs between a generalist education and specialization.

Law schools face two key challenges. First, they must structure the curriculum so that the experiences of individual law students have some coherence, or, if you will, seem integrated. Second they must incorporate the full range of what the Carnegie Reports referred to as the apprenticeships …

A Conscious Institutional Strategy For Expanding Experiential Education, Lisa Radtke Bliss, Deborah Maranville

Chapters in Books

As law schools seek to better prepare students for the profession, they are expanding experiential education in traditional contexts such as theory and practice simulation skills courses, clinics, and externships. At the same time, they are also searching for opportunities to expose students to practical learning opportunities during the entire course of their legal education by incorporating experiential education throughout the curriculum. It is a best practice to develop conscious strategies for pursuing this effort. While Best Practices for Legal Education called for the integration of teaching theory, doctrine, and practice, it did not address strategies for integrating experiential education …

Faculty Status And Institutional Effectiveness, Deborah Maranville, Ruth Anne Robbins, Kristen K. Tiscione

Chapters in Books

Legal education has expanded to incorporate practice-oriented topics and courses over the past several decades, and student academic support services have multiplied in response to changing student populations. As a consequence of these changes, law schools are overdue to address the issue of the status of the individuals they hire to fill the multiple and ever expanding needs and interests of students.

Should law schools hire new personnel as teachers, staff, or administrators? If hired as teachers, what titles and governance rights should they be given? Should they be eligible for tenure, presumptively renewable long-term contracts, or short-term contracts? What …

Business And Financial Literacy, Dwight Drake

Chapters in Books

Law practice continues to become more complex and demand a broader range of specialized knowledge. Business and financial literacy skills, once viewed as only important in business school or for law students who intend to become lawyers representing business owners or entities, are being viewed differently by legal educators who desire to ensure that law students are prepared for practice.

The world is driven by business, and core business and financial issues routinely surface in various types of legal disputes, transactions, and planning challenges. At a minimum, knowledge of basic business and financial concepts will help a lawyer deal with …

Cross-Boarder Teaching And Collaboration, Kimberly D. Ambrose, William H.D. Fernholz, Catherine F. Klein, Dana Raigrodski, Stephen A. Rosenbaum, Leah Wortham

Chapters in Books

Since the publication of Best Practices for Legal Education, the globalization of both legal education and law practice has exploded. Today’s lawyers increasingly serve border-crossing clients or clients who present with transnational legal issues. As law schools expand their international programs, and enroll increasing numbers of non-U.S. law students, law students transcend cultural and legal borders. As a result, they deepen their understanding of—and sharpen their critical perspective on—their own national systems. Similarly, U.S. law teachers are increasingly called to engage in border-crossing teaching and other academic pursuits. Best Practices did not address these issues. The primary aim of …

Transfer Of Learning, Deborah Maranville

Chapters in Books

A key characteristic of effective education is that students are able to retain and build on the information, skills, and values they learn in their work in later courses and in the world. Doing so is known as transfer of learning. Ultimately, for law students that means they are able to transfer what they learn into the work they do as professionals. Best Practices for Legal Education did not delve deeply into the educational literature on transfer of learning.

Underlying its preparation for practice theme, however, was an implicit recognition that both individual law teachers and law schools as institutions …

The Socratic Method, Elizabeth G. Porter

Chapters in Books

The Socratic method, one of Langdell’s most well-entrenched reforms to legal education, remains the law’s signature pedagogical technique. Although the term means different things to different people, its essence in the law school classroom is student analysis of cases led by a teacher, who calls on students to articulate gradually deeper understandings of a legal doctrine or theory.

Socratic learning requires students to think on the spot, answer precisely, and take intellectual risks. For over a decade now, the Socratic method has been out of fashion among those who write about legal pedagogy. In addition, the method’s critics describe what …

Ensuring Effective Education In Alternative Clinical Models, Deborah Maranville

Chapters in Books

Best Practices for Legal Education organized its discussion of experiential courses around the “simulation-based courses, in-house clinics, and externships” typology without specifically defining what structures fall within each category or discussing the variations. The discussion of in-house clinics focused on fundamental principles for effective teaching and supervision and the need for appropriate facilities and office support. It only implicitly addressed the range of issues presented by alternative structures for clinics and did not address alternative externship structures or variations that combine features of both.

Incorporating Experiential Education Throughout The Curriculum, Deborah Maranville, Cynthia Batt, Lisa Radtke Bliss, Carolyn Wilkes Kaas

Chapters in Books

In discussing experiential education, Best Practices for Legal Education focused primarily on the three traditional types of separate experiential courses: in-house clinics, externships, and simulations, and treated them in a separate chapter. These courses were defined as those where “experience is a significant or primary method of instruction” rather than a secondary method, and where “students must perform complex skills in order to gain expertise.”

Arguably, this separate treatment reinforced what has too often been a divide between doctrinally-focused teaching and practice-focused teaching. Best Practices recognized that “experiential education can be employed as an adjunct to traditional methodologies regardless of …

Post-Racial Proxy Battles Over Immigration, Mary D. Fan

Chapters in Books

Amid economic and political turmoil, anti-immigrant legislation has flared again among a handful of fiercely determined states. To justify the intrusion into national immigration enforcement, the dissident states invoke imagery of invading hordes of “illegals”—though the unauthorized population actually fell by nearly two-thirds, decreasing by about a million people, between 2007 and 2009 as the recession reduced the lure of jobs.

Arizona’s Senate Bill 1070—recently invalidated in part by the U.S. Supreme Court in Arizona v. United States—led the charge. By preelection-year summer 2011, several states enacted laws patterned after Arizona’s controversial Senate Bill 1070, including Alabama’s even more aggressive …

Cause Lawyering In Japan: Reflections On The Case Studies And Justice Reform, Daniel H. Foote

Chapters in Books

Each of the case studies presented in this volume is an important and fascinating story in its own right. Taken together, the case studies enrich our understanding of cause lawyering and the relationship between law and social change in Japan. Despite their rather disparate subjects, the studies dovetail exceptionally well. They show numerous commonalities in the use of law to further social causes, as well as some important differences. They reveal a truly impressive level of creativity in the use of law, and they disclose several common barriers to successful litigation to promote social causes in Japan. As discussed below, …

Aboriginal Title In The Canadian Legal System: The Story Of Delgamuukw V. British Columbia, Robert T. Anderson

Chapters in Books

Canada is grappling with legal issues surrounding indigenous property rights on a scale not seen in the United States since the mid-nineteenth century. Fundamental questions of fairness and justice related to indigenous peoples’ property rights are in flux in the province of British Columbia–an area the size of the states of California, Oregon, and Washington combined. The recognition of aboriginal rights in the Canadian Constitution in 1982 and recent judicial developments made it clear to the provincial government that nearly the entire province may be subject to aboriginal title claims. Consequently, the aboriginal nations and B.C. government have embarked on …

Preface, William H. Rodgers Jr.

Chapters in Books

In the 2006-07 term, the U.S. Supreme Court gave us a flood of new thought on the topic of environmental law.

Too bad.

[Addresses cases interpreting the Clean Water Act, the Superfund law, the Clean Air Act, and the Endangered Species Act. In the Summer 2008 Pocket Part for Volume 1.]

Washington: The Past And Present Populist State, Hugh D. Spitzer

Chapters in Books

Describes the impact of the late-nineteenth century populist movement on the structure and content of Washington’s constitution and the consequential impact on the state’s political and legal life. Suggests that the anti-business attitudes and skepticism about government prevalent among Washington State residents in the 1880s and 1890s, continues to influence that state's constitution, laws and politics today.

Banking Law, Penny A. Hazelton

Chapters in Books

• Introduction
• Federal Law
• State Law
• Federal Regulatory Framework
• Office of the Comptroller of the Currency
• Office of Thrift Supervision
• Board of Governors of the Federal Reserve System
• Federal Deposit Insurance Corporation
• Resolution Trust Corporation
• Federal Housing Finance Board
• Federal Home Loan Bank System
• State Regulatory Framework
• Additional Research Sources
• Appendices

Keiken, Tayōsei, Soshite Hō [Experience, Diversity, And The Law], Daniel H. Foote

Chapters in Books

This essay was published in 2003, in Japanese, as my contribution to a tribute volume honoring Nozaki Ayako, a Ph.D. candidate at The University of Tokyo who passed away suddenly earlier that year. In an article she published in 1999, Nozaki had offered a thoughtful, perceptive critique of an article I had published four years before, dealing with the resolution of traffic accident disputes in Japan. Her article led me to reflect on the reasons for the difference in our views; and that in turn led to this essay. As indicated in the title, two key themes of this essay …

The Process Of Legal Research, Penny A. Hazelton

Chapters in Books

1. Introduction
2. Formats of Legal Materials
3. Integrating the Use of Print and Electronic Tools in Legal Research
4. Strategies for Effective Legal Research
5. Managing Your Legal Research
6. Comparison of Major Legal Research Texts
7. "'Here There Be Dragons': How to Do Research in an Ara You Know Nothing About"
8. "Develop the Habit: Note-Taking in Legal Research"

Indian Law Research In Washington, Penny A. Hazelton

Chapters in Books

1. Introduction
2. Federal Indian Policy
3. Indian Law Terminology
4. Scope of Federal, Tribal, and State Power over Indians
5. Practitioner's Checklist
6. Research Tools
7. Conclusion
8. Washington State Tribal Directory
9. Basic Rules of Jurisdiction in Indian Country (Criminal)

Banking Law, Penny A. Hazelton

Chapters in Books

• Introduction
• Federal Law
• State Law
• Federal Regulatory Framework
• Office of the Comptroller of the Currency
• Office of Thrift Supervision
• Board of Governors of the Federal Reserve System
• Federal Deposit Insurance Corporation
• Resolution Trust Corporation
• Federal Housing Finance Board
• Federal Home Loan Bank System
• State Regulatory Framework
• Additional Research Sources
• Appendices

Banking Law, Penny A. Hazelton

Chapters in Books

• Introduction
• Federal Law
• State Law
• Federal Law Framework
• Office of the Comptroller of the Currency
• Office of Thrift Supervision
• Board of Governors of the Federal Reserve System
• Federal Deposit Insurance Corporation
• Resolution Trust Corporation
• Federal Housing Finance Board
• Federal Home Loan Bank Board
• State Regulatory Framework
• Additional Research Sources
• Appendices

How To Use A Law Library, Penny A. Hazelton, Peggy Roebuck Jarrett

Chapters in Books

1. Getting Acquainted
2. People in Libraries
3. Collection Organization
4. Access to the Collection
5. Access to the Contents of the Library Collections
6. Access to Legal Information Without Leaving the Comfort of Your Home or Office
7. Appendix 1, Law Libraries in Washington State
8. Appendix 2, Free or Low Cost Advocacy, Information, and Referral fr King County Residents

The Process Of Legal Research, Penny A. Hazelton

Chapters in Books

1. Introduction
2. Strategies for Effective Legal Research
3. Integrating Manual and Computerized Legal Research Tools
4. Managing Your Legal Research

The Process Of Legal Research, Penny Hazelton

Chapters in Books

No abstract provided.

Computer-Assisted Legal Research, Peggy Roebuck Jarrett, Mary Whisner, Penny Hazelton

Chapters in Books

No abstract provided.

Banking Law, Penny A. Hazelton

Chapters in Books

• Introduction
• Federal Law
• State Law
• Federal Regulatory Framework
• Office of the Comptroller of the Currency
• Board of Governors of the Federal Reserve System
• Federal Deposit Insurance Corporation
• Federal Home Loan Bank Board
• Office of Thrift Supervision
• State Regulatory Framework
• Additional Research Sources
• Appendices

Banking Law, Penny A. Hazelton

Chapters in Books

• Introduction
• Federal Law
• State Law
• Federal Regulatory Framework
• Office of the Comptroller of the Currency
• Board of Governors of the Federal Reserve System
• Federal Deposit Insurance Corporation
• Federal Home Loan Bank Board
• State Regulatory Framework
• Additional Research Sources
• Appendices and index