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Articles 1 - 30 of 39
Full-Text Articles in Law
The Institute For The Future Of Law Practice: A New Narrative For Legal Education And The Legal Profession, William D. Henderson
The Institute For The Future Of Law Practice: A New Narrative For Legal Education And The Legal Profession, William D. Henderson
Articles by Maurer Faculty
"The mission of IFLP is to produce more legal professionals who have strong legal knowledge plus foundational training in allied disciplines — in other words, “T-shaped” legal professionals."
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You look down at your smartphone and see that you just got a text from a close family relative. They are asking to schedule a phone call.
The next line reads, “I’m thinking about going to law school.”
Well, if you read PD Quarterly, you’re likely a logical person to seek out for advice. You’ve got some time to think about it. What are you going to say?
Whatever your counsel, …
Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry
Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry
Faculty Scholarly Works
The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal practice developments.” The thesis of this article is that the Commission was much more successful with the “technology” aspect of its work than it was with the globalization aspect of its work. This article offers an explanation for these differing levels of success and identifies an alternative path the Commission might have taken that might have led to greater success …
What It Means To Be A Lawyer In These Uncertain Times: Some Thoughts On Ethical Participation In The Legal Education Industry, Susan Carle
Articles in Law Reviews & Other Academic Journals
Discusses legal employment and salary and how legal education can address the current market.
In Defense Of Scholars' Briefs: A Response To Richard Fallon, Amanda Frost
In Defense Of Scholars' Briefs: A Response To Richard Fallon, Amanda Frost
Articles in Law Reviews & Other Academic Journals
In a thoughtful and provocative essay, Richard Fallon criticizes law professors for lightly signing onto 'scholars’ briefs,' that is, amicus briefs filed on behalf of a group of law professors claiming expertise in the subject area. Fallon argues that law professors are constrained by the moral and ethical obligations of their profession from joining scholars’ briefs without first satisfying standards similar to those governing the production of scholarship, and thus he believes that law professors should abstain from adding their names to such briefs more often than they do now.
This response begins by describing the benefits of scholars’ briefs …
Transnational Legal Practice (United States), Laurel S. Terry
Transnational Legal Practice (United States), Laurel S. Terry
Faculty Scholarly Works
This article covers three years of Transnational Legal Practice developments in the U.S. (It is the companion article to 47 Int’l Lawyer 485 (2013) which discusses transnational legal practice developments outside of the U.S.) This article begins by briefly reviewing the uncertainty about the future of U.S. legal education and legal services. The next section discusses the proposals and changes that emanated from the ABA Commission on Ethics 20/20, which was tasked with evaluating what changes were needed in light of globalization and technology developments. The third section of this article discusses the Uniform Bar Exam and its implications for …
Legal Ethics For The Millennials Avoiding The Compromise Of Integrity, Helia Garrido Hull
Legal Ethics For The Millennials Avoiding The Compromise Of Integrity, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh
Faculty Scholarship
Today, there can be little doubt that “alternative” dispute resolution is anything but alternative. Nonetheless, many judges, lawyers (and law students) do not truly understand the dispute resolution processes that are available and how they should be used. In the shadow of the current economic crisis, this lack of knowledge is likely to have negative consequences, particularly in those areas of practice such as bankruptcy and foreclosure in which clients, lawyers, regulators, and courts work under pressure, often with inadequate time and financial resources to permit careful analysis of procedural options. Potential negative effects can include: (1) impairment of a …
'...And The Learners Shall Inherit The Earth': Continuing Professional Development, Life Long Learning And Legal Ethics Education, Richard Devlin, Jocelyn Downie
'...And The Learners Shall Inherit The Earth': Continuing Professional Development, Life Long Learning And Legal Ethics Education, Richard Devlin, Jocelyn Downie
Articles, Book Chapters, & Popular Press
After many years of debate and resistance the Canadian legal profession is finally accepting that compulsory professional development is a necessity. We argue that as the legal profession begins to design and deliver these programmes it should take into consideration the insights of the educational literature on lifelong learning. By way of a concrete example we explore the ways in which lifelong learning theory can inform the design and delivery of legal ethics education.
Opposition To Clinics Tests Attorney-Client Privilege; Students Working On Pro Bono Cases Leave Schools Vulnerable To Confidentiality Challenges, Patrick C. Brayer
Opposition To Clinics Tests Attorney-Client Privilege; Students Working On Pro Bono Cases Leave Schools Vulnerable To Confidentiality Challenges, Patrick C. Brayer
Faculty Works
This National Law Journal article draws attention to past attempts by government and private parties to pierce the protections of the attorney client relationship, specifically confidentiality, when it comes to the representation of clients by law school clinics. Several law school clinics and innocence projects have defended themselves against actions by prosecuting attorney offices and opposing parties who have attempted to obtain information that is traditionally protected by state and federal confidentiality rules. Law school clinics, public interest organizations, innocence projects, government agencies and Public Defender organizations can better protect themselves from future attempts by opposing parties to invade the …
Not Just Key Numbers And Keywords Anymore: How User Interface Design Affects Legal Research, Julie M. Jones
Not Just Key Numbers And Keywords Anymore: How User Interface Design Affects Legal Research, Julie M. Jones
Cornell Law Faculty Publications
Legal research is one of the foundational skills for the practice of law. Yet law school graduates are frequently admitted to the bar without adequate competence in this area. Applying both information-foraging theory and current standards for optimal web design, Ms. Jones considers, through a heuristic analysis, whether the user interfaces of Westlaw and LexisNexis help or hinder the process of legal research and the development of effective research skills.
The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick
The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick
All Faculty Scholarship
No abstract provided.
Toward A Deeper Understanding Of Professionalism: Learning To Write And Writing To Learn During The First Two Weeks Of Law School, Ben Bratman
Articles
Law schools are under pressure to instill in their students a sense of professionalism, but what exactly does professionalism mean? And what can professors of legal writing do to lay an educational foundation of professionalism? They are, after all, the teachers who at most schools have the greatest interaction with the impressionable first-year students.
Professionalism is frequently used to mean a variety of behaviors that are important for lawyers to exhibit, but that are also important for those in business - outside the traditional professions - to exhibit. In the context of legal education, professionalism is better understood to mean …
Calling For Stories, Nancy Levit, Allen Rostron
Calling For Stories, Nancy Levit, Allen Rostron
Faculty Works
Storytelling is a fundamental part of legal practice, teaching, and thought. Telling stories as a method of practicing law reaches back to the days of the classical Greek orators. Before legal education became an academic matter, the apprenticeship system for training lawyers consisted of mentoring and telling war stories. As the law and literature movement evolved, it sorted itself into three strands: law in literature, law as literature, and storytelling. The storytelling branch blossomed.
Over the last few decades, storytelling became a subject of enormous interest and controversy within the world of legal scholarship. Law review articles appeared in the …
Living With The Bologna Process: Recommendations To The German Legal Education Community From A U.S. Perspective, Laurel S. Terry
Living With The Bologna Process: Recommendations To The German Legal Education Community From A U.S. Perspective, Laurel S. Terry
Faculty Scholarly Works
The Bologna Process is a dramatic development that is less than ten years old, but already it has significantly reshaped higher education in Germany and in Europe. This article is based on my research regarding the history and objectives of the Bologna Process and Bologna Process implementation in Germany. It contains my reflections about the Bologna Process and German legal education and my recommendations to the German legal education community.
Overview Of Legal Systems In The Asia-Pacific Region: Singapore, Calvin Wl Ho
Overview Of Legal Systems In The Asia-Pacific Region: Singapore, Calvin Wl Ho
Overview of Legal Systems in the Asia-Pacific Region (2004)
This article provides a general description of the legal system of Singapore. It further discusses aspects of legal education and legal practice in that country.
Overview Of Legal Systems In The Asia-Pacific Region: Thailand, Ngamnet Triamanuruck, Sansanee Phongpala, Sirikanang Chaiyasuta
Overview Of Legal Systems In The Asia-Pacific Region: Thailand, Ngamnet Triamanuruck, Sansanee Phongpala, Sirikanang Chaiyasuta
Overview of Legal Systems in the Asia-Pacific Region (2004)
This article provides a general description of the legal system of Thailand. It further discusses aspects of legal education and legal practice in that country.
Overview Of Legal Systems In The Asia-Pacific Region: People's Republic Of China, Zengguang (Bill) Huo, Yuhua Shi
Overview Of Legal Systems In The Asia-Pacific Region: People's Republic Of China, Zengguang (Bill) Huo, Yuhua Shi
Overview of Legal Systems in the Asia-Pacific Region (2004)
This article provides a general description of the legal system of the People's Republic of China. It further discusses aspects of legal education and legal practice in that country.
Overview Of Legal Systems In The Asia-Pacific Region: Indonesia, Yosea Iskandar
Overview Of Legal Systems In The Asia-Pacific Region: Indonesia, Yosea Iskandar
Overview of Legal Systems in the Asia-Pacific Region (2004)
This article provides a general description of the legal system of Indonesia. It further discusses aspects of legal education and legal practice in that country.
Overview Of Legal Systems In The Asia-Pacific Region: South Korea, Oh Seung Jin
Overview Of Legal Systems In The Asia-Pacific Region: South Korea, Oh Seung Jin
Overview of Legal Systems in the Asia-Pacific Region (2004)
This article provides a general description of the legal system of South Korea. It further discusses aspects of legal education and legal practice in that country.
Overview Of Legal Systems In The Asia-Pacific Region: Japan, Junko Gono, Mitsutaka Hibino, Koh Hinokawa, Sonosuke Kamiya, Hirofumi Maki, Shigeki Nishiyama, Hirotoshi Osajima, Masahiro Oshima, Yurika Yamauchi
Overview Of Legal Systems In The Asia-Pacific Region: Japan, Junko Gono, Mitsutaka Hibino, Koh Hinokawa, Sonosuke Kamiya, Hirofumi Maki, Shigeki Nishiyama, Hirotoshi Osajima, Masahiro Oshima, Yurika Yamauchi
Overview of Legal Systems in the Asia-Pacific Region (2004)
This article provides a general description of the legal system of Japan. It further discusses aspects of legal education and legal practice in that country.
Overview Of Legal Systems In The Asia-Pacific Region: Republic Of China, Taiwan, Peggy (Pei Yi) Wen
Overview Of Legal Systems In The Asia-Pacific Region: Republic Of China, Taiwan, Peggy (Pei Yi) Wen
Overview of Legal Systems in the Asia-Pacific Region (2004)
This article provides a general description of the legal system of Taiwan. It further discusses aspects of legal education and legal practice in that country.
A Response To Thomas Steele, Gary A. Munneke
A Response To Thomas Steele, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
The problem with adjunct professors teaching a course in law practice management is that they really are not in a position to think and write about the big issues, the way that full-time faculty members are; they generally have full-time responsibilities in a law firm. The law practice management field loses something valuable when so many of its teachers are part time. Although these professors bring practical experience to the classroom, they do not contribute in a larger way to the law school curriculum as a whole, or to the literature of the legal profession.
Opening Remarks, Gary A. Munneke
Opening Remarks, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
Interestingly, there is hardly any scholarship, and very little discussion, about the MacCrate Report outside of the clinical and skills programs in the traditional segments of legal education. I am not a clinician, although in the past I have taught courses in interviewing and counseling, and negotiations. I teach Law Practice Management and Professional Responsibility, which address professional skills and values; but I teach Torts as well, and my Torts colleagues, like teachers in other traditional subjects, really do not focus on these issues very much. So, one of the things I wanted to do with this symposium was to …
A Response To Russell Pearce, John A. Humbach
A Response To Russell Pearce, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
There is not very much to criticize in what Professor Pearce has said about the MacCrate Report. Mostly, therefore, I will just amplify some of the points that I regard as among the most important. Before that, however, I want to mention some quibbles. First, I have always been bothered a bit when people describe the lawyer's role as that of a hired gun. The term “hired gun” is (if you'll pardon the expression) loaded. It does not, moreover, correctly capture either the good or the questionable of what lawyers actually try to do when representing their clients. Real hired …
Lawyers' Value In Mergers And Acquisitions Under The New World Of Multidisciplinary Practices, Yunling Wu
Lawyers' Value In Mergers And Acquisitions Under The New World Of Multidisciplinary Practices, Yunling Wu
LLM Theses and Essays
Lawyers are facing strong competition from accounting firms in mergers and acquisitions. Finance and accounting globalization and multidisciplinary practice makes accounting firms more competent, challenging lawyers’ value. However, lawyers create enormous value in mergers and acquisitions, such as structuring the form of transactions, managing due diligence investigation, reducing the costs of acquiring and verifying information, ensuring corporations follow the relevant regulations preventing legal liabilities, and preventing antitrust issues or invoking antitrust challenge. Teamwork will facilitate mergers and acquisitions transactions. Restricted multidisciplinary practice will not affect lawyers’ and accountants’ ethics and independence. Legal education should be improved to help lawyers become …
Legal Skills For A Transforming Profession, Gary A. Munneke
Legal Skills For A Transforming Profession, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
The legal profession is undergoing dramatic changes that will drive a reformation in legal education. Legal educators must anticipate these changes to effectively prepare students for the practice of law in the twenty-first century. In order to be proficient practitioners, these students will require an expanded set of professional skills. Although the current legal skills paradigm was articulated by the American Bar Association MacCrate Task Force in 1991, it is time to reexamine legal skills with an eye toward preparing students to practice law in the new millennium. In Section II, this article examines trends in modern society and the …
Bringing The Practice To The Classroom: An Approach To The Professionalism Problem, Steven H. Goldberg
Bringing The Practice To The Classroom: An Approach To The Professionalism Problem, Steven H. Goldberg
Elisabeth Haub School of Law Faculty Publications
The first section of this article presents a brief history and description of a professionalism movement that continues to urge law schools to do more to solve the “professionalism problem.” The second discusses legal education's failure to bring professionalism into the law school curriculum. The third describes the structure and teaching method of The Practice—a different kind of course about professionalism—while the fourth discusses the professionalism content of the course. I conclude with a plea for law faculty to direct their considerable talents toward collecting stories and data about the profession and creating material to facilitate law school courses that …
Speaking Truth To Powerlessness, Howard Lesnick
Speaking Truth To Powerlessness, Howard Lesnick
All Faculty Scholarship
No abstract provided.
Bringing Legal Realism To The Study Of Ethics And Professionalism, Douglas N. Frenkel, Robert L. Nelson, Austin Sarat
Bringing Legal Realism To The Study Of Ethics And Professionalism, Douglas N. Frenkel, Robert L. Nelson, Austin Sarat
All Faculty Scholarship
No abstract provided.
From "Moral Stupidity" To Professional Responsibility, Thomas D. Eisele
From "Moral Stupidity" To Professional Responsibility, Thomas D. Eisele
Faculty Articles and Other Publications
Within the context-even, the challenge-presented by the first chapter of Seymour Wishman's book, Confessions of a Criminal Lawyer, we symposiasts have been invited to say something about the teaching of courses which in law school go under the titles, "Legal Ethics," "Professional Ethics," or "Professional Responsibility." This last is the
title of a two-credit course that I teach, in what I take to be a fairly traditional form, over the span of a semester at the University of Cincinnati. In this essay, I want to talk about the teaching of such a course; not about how I manage to teach …