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Voices Lost And Found: Training Ethical Lawyers For Children, William Kell Dec 2015

Voices Lost And Found: Training Ethical Lawyers For Children, William Kell

William Kell

Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997


Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond Dec 2015

Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.


Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond Dec 2015

Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.


The Integrated Law School Curriculum, Adam Lamparello Nov 2015

The Integrated Law School Curriculum, Adam Lamparello

Adam Lamparello

In January 2014, the American Bar Association’s Task Force on the Future of Legal Education stated that “[a]n evolution is taking place in legal practice and legal education needs to evolve with it.” To this end, the Task Force recommended that the law school curriculum “needs to shift still further toward developing the competencies and professionalism required of people who will deliver services to clients.” In fact, the Task Force emphasized that “[a] graduate’s having some set of competencies in the delivery of law and related services, and not just some body of knowledge, is an essential outcome …


Rule 412 Laid Bare: A Procedural Rule That Cannot Adequately Protect Sexual Harassment Plaintiffs From Embarrassing Exposure, Andrea A. Curcio Nov 2015

Rule 412 Laid Bare: A Procedural Rule That Cannot Adequately Protect Sexual Harassment Plaintiffs From Embarrassing Exposure, Andrea A. Curcio

Andrea A. Curcio

No abstract provided.


Georgia's Public Service Bar Exam Alternative, Andrea A. Curcio, Clark D. Cunningham Nov 2015

Georgia's Public Service Bar Exam Alternative, Andrea A. Curcio, Clark D. Cunningham

Andrea A. Curcio

No abstract provided.


Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman Nov 2015

Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman

Andrea A. Curcio

The false dichotomy between achieving diversity and rewarding merit frequently surfaces in discussions about decisions on university and law school admissions, scholarships, law licenses, jobs, and promotions. “Merit” judgments are often based on the results of standardized tests meant to predict who has the best chance to succeed if given the opportunity to do so. This Article criticizes over-reliance on standardized tests and responds to suggestions that challenging the use of such tests reflects a race-comes-first approach that chooses diversity over merit. Discussing the firefighter exam the led to the Supreme Court decision in Ricci v. DiStefano, as well as …


A Linguistic Analysis Of The Meanings Of "Search" In The Fourth Amendment: A Search For Common Sense, Clark D. Cunningham Nov 2015

A Linguistic Analysis Of The Meanings Of "Search" In The Fourth Amendment: A Search For Common Sense, Clark D. Cunningham

Clark D. Cunningham

This article offers a new technique for analyzing and evaluating competing interpretations of a legal text and applies that technique to one of the most debated questions of modern constitutional interpretation: the meaning of "searches" in the first clause of the fourth amendment. This Technique is called the "common sense" approach because it begins with a semantic analysis of the text in terms of the sense that the key words have in everyday speech. Such analysis reveals a complex of interlocked concepts that underlies the ability of speakers to recognize meaningful uses of these words. The common sense approach then …


The Professionalism Crisis: How Bar Examiners Can Make A Difference, Clark D. Cunningham Nov 2015

The Professionalism Crisis: How Bar Examiners Can Make A Difference, Clark D. Cunningham

Clark D. Cunningham

No abstract provided.


Remediation Program For Dentists Provides Data On Moral Development Important To All Professions, Clark D. Cunningham Nov 2015

Remediation Program For Dentists Provides Data On Moral Development Important To All Professions, Clark D. Cunningham

Clark D. Cunningham

No abstract provided.


Should American Law Schools Continue To Graduate Lawyers Whom Clients Consider Worthless?, Clark D. Cunningham Nov 2015

Should American Law Schools Continue To Graduate Lawyers Whom Clients Consider Worthless?, Clark D. Cunningham

Clark D. Cunningham

No abstract provided.


Using Common Sense: A Linguistic Perspective On Judicial Interpretations Of "Use A Firearm", Clark D. Cunningham, Charles J. Filmore Nov 2015

Using Common Sense: A Linguistic Perspective On Judicial Interpretations Of "Use A Firearm", Clark D. Cunningham, Charles J. Filmore

Clark D. Cunningham

No abstract provided.


Georgia's Public Service Bar Exam Alternative, Andrea A. Curcio, Clark D. Cunningham Nov 2015

Georgia's Public Service Bar Exam Alternative, Andrea A. Curcio, Clark D. Cunningham

Clark D. Cunningham

No abstract provided.


Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings, Russell D. Covey Nov 2015

Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings, Russell D. Covey

Russell D. Covey

The ubiquity of plea bargaining creates real concern that innocent defendants are occasionally, or perhaps even routinely, pleading guilty to avoid coercive trial sentences. Pleading guilty is a rational choice for defendants as long as prosecutors offer plea discounts so substantial that trial is not a rational strategy regardless of guilt or innocence. The long-recognized solution to this problem is to enforce limits on the size of the plea/trial sentencing differential. As a practical matter, however, discount limits are unenforceable if prosecutors retain ultimate discretion over charge selection and declination. Because the doctrine of prosecutorial charging discretion is immune to …


Longitudinal Guilt: Repeat Offenders, Plea Bargaining, And The Variable Standard Of Proof, Russell D. Covey Nov 2015

Longitudinal Guilt: Repeat Offenders, Plea Bargaining, And The Variable Standard Of Proof, Russell D. Covey

Russell D. Covey

This Article introduces a new concept-“longitudinal guilt”-which invites readers to reconsider basic presuppositions about the way our criminal justice system determines guilt in criminal cases. In short, the idea is that a variety of features of criminal procedure, most importantly, plea bargaining, conspire to change the primary “truthfinding mission” of criminal law from one of adjudicating individual historical cases to one of identifying dangerous “offenders.” This change of mission is visible in the lower proof standards we apply to repeat criminal offenders. The first section of this Article explains how plea bargaining and graduated sentencing systems based on criminal history …


The Health Law Partnership, Sylvia Caley, Robert Pettignano Nov 2015

The Health Law Partnership, Sylvia Caley, Robert Pettignano

Sylvia B. Caley

No abstract provided.


The Private Bar: Partner For Healthy Communities, Sylvia Caley, Charity Scott Nov 2015

The Private Bar: Partner For Healthy Communities, Sylvia Caley, Charity Scott

Sylvia B. Caley

No abstract provided.


Unleashing The Leader In You: Our Aall Leadership Academy Experience, Meg Butler, Trina Holloway Nov 2015

Unleashing The Leader In You: Our Aall Leadership Academy Experience, Meg Butler, Trina Holloway

Margaret Butler

No abstract provided.


The Law And The “Spirit Of The Law” In Legal Ethics, Samuel J. Levine Nov 2015

The Law And The “Spirit Of The Law” In Legal Ethics, Samuel J. Levine

Samuel J. Levine

This article aims to explore the notion of the lawyer’s ethical responsibility to go “beyond” the letter of the law and to comply with the “spirit” or “purpose” of the law. The article suggests that, notwithstanding its promotion of admirable principles and goals, a spirit of the law model may prove inconsistent with basic legal and ethical obligations of lawyers. The lawyer’s duties as fiduciary, as agent, and as zealous advocate, responsible for representing the best interests of the client, preclude the lawyer from focusing on the spirit and purpose of the law rather than on the aims of the …


The Aall Annual Meeting: Always A Learning Experience, Pamela C. Brannon Nov 2015

The Aall Annual Meeting: Always A Learning Experience, Pamela C. Brannon

Pamela Brannon

No abstract provided.


For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon Nov 2015

For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon

Pamela Brannon

No abstract provided.


Lawyers Heed Call To Volunteer Pro Bono Service, Lisa Radtke Bliss Nov 2015

Lawyers Heed Call To Volunteer Pro Bono Service, Lisa Radtke Bliss

Lisa Radtke Bliss

No abstract provided.


Aba Ethics Opinion Guides Lawyers In Outsourcing, Lisa Radtke Bliss, Jeffrey R. Teeters Nov 2015

Aba Ethics Opinion Guides Lawyers In Outsourcing, Lisa Radtke Bliss, Jeffrey R. Teeters

Lisa Radtke Bliss

No abstract provided.


Putting Best Practices Into Practice: Implementing Change One Step At A Time, Lisa Radtke Bliss Nov 2015

Putting Best Practices Into Practice: Implementing Change One Step At A Time, Lisa Radtke Bliss

Lisa Radtke Bliss

No abstract provided.


Memorial: Nancy P. Johnson (1949-2014), Kristina L. Niedringhaus Nov 2015

Memorial: Nancy P. Johnson (1949-2014), Kristina L. Niedringhaus

Kristina L Niedringhaus

No abstract provided.


Avoiding Ethical Problems In Social Media, Nicole G. Iannarone Nov 2015

Avoiding Ethical Problems In Social Media, Nicole G. Iannarone

Nicole G. Iannarone

No abstract provided.


Law School Of The Future: Centre Of Cutting-Edge Practice?, Clark Cunningham Nov 2015

Law School Of The Future: Centre Of Cutting-Edge Practice?, Clark Cunningham

Clark D. Cunningham

No abstract provided.


From Criminal Law To Urban Law And Policy: A Tribute To Professor Feridun Yenisey, Ryan Rowberry, Julian Juergensmeyer Nov 2015

From Criminal Law To Urban Law And Policy: A Tribute To Professor Feridun Yenisey, Ryan Rowberry, Julian Juergensmeyer

Julian C. Juergensmeyer

No abstract provided.


Transnational Legal Practice 2008, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Jennifer Haworth Mccandless, Robert Lutz, Peter D. Ehrenhaft Oct 2015

Transnational Legal Practice 2008, Carole Silver, Laurel S. Terry, Ellyn S. Rosen, Carol A. Needham, Jennifer Haworth Mccandless, Robert Lutz, Peter D. Ehrenhaft

Laurel S. Terry

This article reviews developments in transnational legal practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional practice rules. In other …


Preserving The Rule Of Law In The 21st Century: The Importance Of Infrastructure And The Need To Create A Global Lawyer Regulatory Umbrella Organization, Laurel S. Terry Oct 2015

Preserving The Rule Of Law In The 21st Century: The Importance Of Infrastructure And The Need To Create A Global Lawyer Regulatory Umbrella Organization, Laurel S. Terry

Laurel S. Terry

No abstract provided.