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Full-Text Articles in Law
Sovereign Debt And The Three And A Half Minute Transaction: What Sticky Boilerplate Reveals About Contract Law And Practice, Andrea Boyack
Sovereign Debt And The Three And A Half Minute Transaction: What Sticky Boilerplate Reveals About Contract Law And Practice, Andrea Boyack
Faculty Publications
The Three and a Half Minute Transaction: Boilerplate and the Limits of Contractual Design, by Mitu Gulati and Robert E. Scott, is a cautionary tale about modern legal practice where the protagonist is the standard sovereign debt contract. The book discloses an undeniable flaw in sovereign bond boilerplate (the widely used pari passu clause) that, in spite of expensive, sophisticated lawyering, perpetuates a risky disconnect between party intent and contract terms. The fact that boilerplate terms persist even in elite sovereign-lending practices suggests that the problem of over-reliance on standard form language is ubiquitous.When contract terms diverge from client risk …
Legal Writing: A Doctrinal Course, Linda H. Edwards
Legal Writing: A Doctrinal Course, Linda H. Edwards
Scholarly Works
Legal writing instruction in American law schools has come a long way. Although scattered experiential courses and co-curricular activities have existed since legal education moved into a university setting, the modern era of skills education began in the 1950s and 1960s, with the creation of live-client clinics at many law schools. Early legal writing programs soon followed, moving into the main stream of curricular reform during the 1980s and 1990s. As these new courses and new instructors moved into the academy, the language of legal education naturally changed. Law faculties found themselves wanting to describe these new additions to the …
The Transformative Potential Of Attorney Bilingualism, Jayesh Rathod
The Transformative Potential Of Attorney Bilingualism, Jayesh Rathod
Articles in Law Reviews & Other Academic Journals
In contemporary U.S. law practice, attorney bilingualism is increasingly valued, primarily because it allows lawyers to work more efficiently and to pursue a broader range of professional opportunities. This purely functionalist conceptualization of attorney bilingualism, however, ignores the surprising ways in which multilingualism can enhance a lawyer’s professional work and can strengthen and reshape relationships among actors in the U.S. legal milieu. Drawing upon research from psychology, linguistics, and other disciplines, this Article advances a theory of the transformative potential of attorney bilingualism. Looking first to the development of lawyers themselves, the Article posits that attorneys who operate bilingually may, …
Worker Cooperative Creation As Progressive Lawyering: Moving Beyond The One-Person, One-Vote Floor, Gowri Krishna
Worker Cooperative Creation As Progressive Lawyering: Moving Beyond The One-Person, One-Vote Floor, Gowri Krishna
Articles & Chapters
Community Economic Development (CED) scholars posit that creating worker cooperatives, businesses owned and managed by their workers, is a progressive approach to CED that has the potential to go beyond job creation and spur grassroots political activism. Yet many workers’ rights organizations and workers’ rights advocates, especially those serving low-wage immigrant workers, struggle with how to connect worker cooperatives to broader efforts for change. This Article argues that forming a worker cooperative that acts as a change agent requires more than simply structuring the business as a worker cooperative. Cooperative corporation laws and cooperative principles set a floor — typically, …