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Full-Text Articles in Law

Vol. 8 #1 Dec 2003

Vol. 8 #1

The Advocate

No abstract provided.


The New Japanese Law Schools, James R. Maxeiner Sep 2003

The New Japanese Law Schools, James R. Maxeiner

ExpressO

Japan is in the process of implementing a comprehensive reform of its justice system. At the heart of the reform is a complete overhaul of the system of legal education. The new system is intended to increase substantially the number of lawyers in the country. On April 1, 2004 as many as 72 new law schools are to come into existence. Japanese legal education is shifting from a German-inspired law faculty approach to an American-style law school system. Based on first-hand observations, this article discusses the present and future system of Japanese legal education with reference to its foreign counterparts.


Interpersonal Dynamics, Joshua D. Rosenberg Sep 2003

Interpersonal Dynamics, Joshua D. Rosenberg

ExpressO

This article explains the importance of relationship skills to attorneys. It explains why, despite the significance of these skills to attorneys, law schools and law firms ignore them. It then explains how these skills can be taught in law school, and how a relation al perspective can become not simply an important part of the law, but also an important part of the lives of lawyers. It develops and supports an ap proach that develops the cognitive, behavioral, perceptual and emotional skills and awareness essential to both accurate communication and productive and meaningful relationships. This approach is quite different from ...


The Trajectory Of (Corporate Law) Scholarship, Brian R. Cheffins Aug 2003

The Trajectory Of (Corporate Law) Scholarship, Brian R. Cheffins

ExpressO

While considerable attention is devoted to legal scholarship, little has been written on the process by which academic writing on law evolves. This paper departs from the existing pattern and examines five potential trajectories for legal scholarship. One is based on the idea that knowledge “accumulates” as part of “progress” towards a better understanding of the matters under study. The second is the concept of the “paradigm”, derived from work done on the history and sociology of science. The third focuses on the idea that academic endeavor concerning law yields useful ideas since market forces are at work. The fourth ...


Virginia Bar Exam, July 2003, Section 1 Jul 2003

Virginia Bar Exam, July 2003, Section 1

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, July 2003, Section 2 Jul 2003

Virginia Bar Exam, July 2003, Section 2

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, February 2003, Section 2 Feb 2003

Virginia Bar Exam, February 2003, Section 2

Virginia Bar Exam Archive

No abstract provided.


Virginia Bar Exam, February 2003, Section 1 Feb 2003

Virginia Bar Exam, February 2003, Section 1

Virginia Bar Exam Archive

No abstract provided.


¿Sirve La Discusión De Casos En Las Aulas Para La Formación Jurídica?, Jorge Carlos Adame Jan 2003

¿Sirve La Discusión De Casos En Las Aulas Para La Formación Jurídica?, Jorge Carlos Adame

Jorge Adame Goddard

No abstract provided.


Legal Separation: The Relationship Between Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew Jan 2003

Legal Separation: The Relationship Between Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew

Journal Articles

Using Yale Law School as an example, this Article describes the interaction between university-affiliated law schools and the larger university during a crucial period in the development of legal education: the last third of the nineteenth century. At the same time, the Article contrasts Yale with other law schools of the day to show what made Yale unique and how Yale’s nineteenth-century idiosyncrasies would come to shape legal education at other schools in the twentieth century. Part I examines the university administration’s attitude toward the law school and how it typified law school-university relations in the late nineteenth ...


Afterword: The Perils And Pleasures Of Activist Scholarship, Elizabeth M. Schneider Jan 2003

Afterword: The Perils And Pleasures Of Activist Scholarship, Elizabeth M. Schneider

American University Journal of Gender, Social Policy & the Law

No abstract provided.


A Response To Russell Pearce, John A. Humbach Jan 2003

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 ...


Opening Remarks, Gary A. Munneke Jan 2003

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 Thomas Steele, Gary A. Munneke Jan 2003

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.


The Real-World Shift In Criminal Procedure, Stephanos Bibas Jan 2003

The Real-World Shift In Criminal Procedure, Stephanos Bibas

Faculty Scholarship at Penn Law

No abstract provided.


An Ethics Critique Of Interference In Law School Clinics, Robert R. Kuehn, Peter A. Joy Jan 2003

An Ethics Critique Of Interference In Law School Clinics, Robert R. Kuehn, Peter A. Joy

Fordham Law Review

Law school clinics play an increasingly important role in training future lawyers and providing legal assistance to traditionally under-represented individuals and groups. In addition to facing the legal issues present in any law practice, law clinic students and faculty often confront ethical issues that lawyers representing poor and unpopular clients sometimes face - outside interference in case and client selection. This article explores the ethical considerations raised by interference in law school clinic case and client selection and limitations on the means of representation lawyers may employ in representing their clients. The article's analysis provides a useful framework for responding ...


Putting Ethics To The (National Standardized) Test: Tracing The Origins Of The Mpre, Paul T. Hayden Jan 2003

Putting Ethics To The (National Standardized) Test: Tracing The Origins Of The Mpre, Paul T. Hayden

Fordham Law Review

No abstract provided.


Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale Jan 2003

Governmental And Academic Integrity At Home And Abroad, Sara Sun Beale

Fordham Law Review

No abstract provided.


Are We Gatekeepers?, Barry Vickrey Dec 2002

Are We Gatekeepers?, Barry Vickrey

Barry Vickrey

No abstract provided.


O Impacto Da Rodada De Doha Para As Empresas Brasileiras, Ivo T. Gico Dec 2002

O Impacto Da Rodada De Doha Para As Empresas Brasileiras, Ivo T. Gico

Ivo Teixeira Gico Jr.

O presente artigo tem objetivo de apresentar o leitor às discussões travadas durante a Rodada Doha e seus impactos para o empresariado brasileiro, principalmente no que tange à questões tributárias, como a redução da Tarifa Externa brasileira, bem como o suas conseqüências para empresas que gozam de proteção tarifária.

This article's objective is to present the reader the Doha Round discussions and their impact on Brazilian business, mainly regarding tax issues, such as the reduction of Brazilian external tariffs, and their consequences for firms that enjoy tariff protection.