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Articles 1 - 12 of 12

Full-Text Articles in Law

Lawyering Decisions - October 2009 Term, Eileen Kaufman Oct 2011

Lawyering Decisions - October 2009 Term, Eileen Kaufman

Touro Law Review

No abstract provided.


The Path Between Sebastian's Hospitals: Fostering Reconciliation After A Tragedy, Jonathan R. Cohen Oct 2011

The Path Between Sebastian's Hospitals: Fostering Reconciliation After A Tragedy, Jonathan R. Cohen

UF Law Faculty Publications

On October 8, 2007, Horst and Luisa Ferrero brought their healthy but short, three-year-old son Sebastian to a university hospital for a “routine” test to determine whether he lacked human growth hormone. Two days later, following a tragic string of errors, Sebastian was pronounced brain dead. Approximately two weeks later, the hospital offered a detailed public apology to the parents for Sebastian’s death. Several months after the apology, the parents began working collaboratively with the hospital to improve patient safety at the hospital and to advocate for a new children’s hospital in their community. This paper is a case study …


Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan Aug 2011

Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan

Donald J. Kochan

In his 1910 book, How We Think, John Dewey proclaimed that “the most important factor in the training of good mental habits consists in acquainting the attitude of suspended conclusion. . .” This Article explores that insight and describes its meaning and significance in the enterprise of thinking generally and its importance in law school education specifically. It posits that the law would be best served if lawyers think like thinkers and adopt an attitude of suspended conclusion in their problem solving affairs. Only when conclusion is suspended is there space for the exploration of the subject at hand. The …


Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Clinical Legal Education, Margaret Johnson, Catherine Klein, Margaret Barry, Lisa Martin, A. Camp Aug 2011

Teaching Social Justice Lawyering: Systematically Including Community Legal Education In Clinical Legal Education, Margaret Johnson, Catherine Klein, Margaret Barry, Lisa Martin, A. Camp

Margaret E Johnson

There is a body of literature on clinical legal theory that urges a focus in clinics beyond the single client to an explicit teaching of social justice lawyering. This Article adds to this emerging body of work by discussing the valuable role community legal education plays as a vehicle for teaching skills and values essential to single client representation and social justice lawyering. The Article examines the theoretical underpinnings of clinical legal education, community organizing and community education and how they influenced the authors’ design and implementation of community legal education within their clinics. It then discusses two projects designed …


Lawyering Decisions—October 2009 Term, Eileen Kaufman Jul 2011

Lawyering Decisions—October 2009 Term, Eileen Kaufman

Eileen Kaufman

No abstract provided.


Teaching Interdisciplinarily: Law And Literature As Cultural Critique, Deborah Waire Post Apr 2011

Teaching Interdisciplinarily: Law And Literature As Cultural Critique, Deborah Waire Post

Deborah W. Post

No abstract provided.


Should Law Schools Teach Professional Duties, Professional Virtues, Or Something Else? A Critique Of The Carnegie Report On Educating Lawyers, W. Bradley Wendel Jan 2011

Should Law Schools Teach Professional Duties, Professional Virtues, Or Something Else? A Critique Of The Carnegie Report On Educating Lawyers, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.


Lbj V. Coke Stevenson: Lawyering For Control Of The Disputed Texas Democratic Party Senatorial Primary Election Of 1948 [Final Version Is Now Published In 31 The Review Of Litigation 1-70 (2012)], Josiah M. Daniel Iii Jan 2011

Lbj V. Coke Stevenson: Lawyering For Control Of The Disputed Texas Democratic Party Senatorial Primary Election Of 1948 [Final Version Is Now Published In 31 The Review Of Litigation 1-70 (2012)], Josiah M. Daniel Iii

Josiah M. Daniel III

This article explores the history of high-profile election-dispute litigation in the U.S. in 1948, a whirlwind of proceedings in state and federal courts that followed the disputed runoff election between Congressman Lyndon B. Johnson and his opponent for the nomination of the Texas Democratic Party for the office of Senator. Johnson famously won this election by 87 votes, out of a million cast, based on very tardy vote tallies from politically corrupt Jim Wells County in the Rio Grande Valley of Texas, a result that was sustained—ultimately by an unusual, last-minute stay issued by a US Supreme Court justice in …


Lawyering Decisions—October 2009 Term, Eileen Kaufman Jan 2011

Lawyering Decisions—October 2009 Term, Eileen Kaufman

Scholarly Works

No abstract provided.


Getting Good Results For Clients By Building Good Working Relationships With 'Opposing Counsel', John M. Lande Jan 2011

Getting Good Results For Clients By Building Good Working Relationships With 'Opposing Counsel', John M. Lande

Faculty Publications

Lawyers’ relationships with their “opposing counsel” make a big difference in how well they handle their cases. “Opposing counsel” often do oppose each other, sometimes quite vigorously, though they also regularly cooperate with each other. In the normal course of litigation, lawyers need to cooperate on many procedural matters. In some cases, they also cooperate to achieve their respective clients’ substantive interests. If the lawyers have a bad relationship, the case is likely to be miserable for everyone involved. If they have a good relationship, they are more likely to agree on procedural matters, exchange information informally, take reasonable negotiation …


The Jurisprudential Turn In Legal Ethics, Katherine R. Kruse Jan 2011

The Jurisprudential Turn In Legal Ethics, Katherine R. Kruse

Scholarly Works

When legal ethics developed as an academic discipline in the mid-1970s, its theoretical roots were in moral philosophy. The early theorists in legal ethics were moral philosophers by training, and they explored legal ethics as a branch of moral philosophy. From the vantage point of moral philosophy, lawyers’ professional duties comprised a system of moral duties that governed lawyers in their professional lives, a “role-morality” for lawyers that competed with ordinary moral duties. In defining this “role-morality,” the moral philosophers accepted the premise that “good lawyers” are professionally obligated to pursue the interests of their clients all the way to …


Why Negotiation Should Be A Required Course In Law School (And How To Deliver It In A Cost -Effective Manner), Howard E. Katz Dec 2010

Why Negotiation Should Be A Required Course In Law School (And How To Deliver It In A Cost -Effective Manner), Howard E. Katz

Howard E Katz

This article argues that a course in Negotiation should be required or strongly suggested, and offered earlier in the curriculum and to more students than is the norm. It then suggests how to deliver the course in a more cost-effective manner using adjuncts along with full-time faculty.