Law Commons^™

Interracial Coalition Building: A Filipino Lawyer In A Black-White Community, Victor C. Romero

Dickinson Law Review (2017-Present)

The United States is in the midst of a political and cultural war around race and demography that goes to the heart of America’s self-definition as a nation of immigrants. Heeding Eric Yamamoto’s four-part prescription for interracial cooperation via the conceptual, the performative, the material, and the reflexive, this Essay draws from the author’s own experience as an Asian- American volunteer attempting to serve and lead a traditionally African-American civil rights organization in a predominantly white, rural town in Pennsylvania. Three lessons emerge from this experience. When volunteering, it is important to answer the call to serve even when in …

Utah’S Online Dispute Resolution Program, Deno Himonas

Dickinson Law Review (2017-Present)

This article by Utah Supreme Court Justice Deno Himonas describes Utah’s Online Dispute Resolution or ODR system. Launched in September 2018, Utah’s ODR system is available to litigants who have small claims disputes that involve $11,000 or less. The ODR system has been designed to provide “simple, quick, inexpensive and easily accessible justice” that includes “individualized assistance and information that is accessible across a multitude of electronic platforms.”

This article describes the history and philosophy behind Utah’s ODR system and includes a number of screen shots that show what an ODR litigant will see. Utah is the first U.S. state …

Washington’S Limited License Legal Technician Rule And Pathway To Expanded Access For Consumers, Stephen R. Crossland, Paula C. Littlewood

Dickinson Law Review (2017-Present)

Washington’s 2012 adoption of a Limited License Legal Technician (LLLT) rule has been a topic of great interest throughout the United States and elsewhere. This Article is co-written by Steve Crossland, who is the Chair of the Washington Supreme Court’s Limited License Legal Technician Board, which is responsible for implementing the rule, and Paula Littlewood, who is the Executive Director of the Washington State Bar Association, which is the unified bar association charged, inter alia, with lawyer and LLLT regulation. This Article builds on the authors’ previous articles about Washington’s LLLT program by providing previously unpublished information about the …

Educating The New Lawyer: Teaching Lawyers To Offer Unbundled And Other Client-Centric Services, Forrest S. Mosten, Julie Macfarlane, Elizabeth Potter Scully

Dickinson Law Review (2017-Present)

In this article, Forrest Mosten and Julie Macfarlane build a new bridge in their 30-year professional relationship by linking their separate but complementary work in access to legal services, helping the self-represented litigant (“SRL”), transforming the lawyer from gladiator to problem-solver and conflict resolver, and using interdisciplinary team triage in Collaborative Law and preventive conflict wellness to better serve the public. The New Lawyer and Unbundled Legal Services are independent concepts that the three co-authors link in proposing new topics (including the concept of Legal Coaching, which is evolving from the unbundled model) and pedagogical approaches to teaching law students …

The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers

Dickinson Law Review (2017-Present)

This Article discusses issues regarding assistance of pro se litigants in the context of immigration law. In particular, Part II of this Article highlights programs such as the Legal Orientation Program (LOP) and Immigration Court Helpdesk (ICH) that attempt to alleviate some of the inherent difficulties non-citizen detainees face in immigration proceedings. Part III of this Article focuses on a 2008 Regulation by the Executive Office of Immigration Review (EOIR), which calls for discipline against attorneys that engage in a pattern or practice of failing to enter a Notice of Appearance when engaged in practice or preparation. Lastly, Part IV …

Navigating The New York Courts With The Assistance Of A Non-Lawyer, Fern Fisher

Dickinson Law Review (2017-Present)

This Article discusses a program implemented by the New York State Unified Court System in order to address the justice gap for unrepresented litigants. Part I of this Article discusses the process behind creating the New York Navigator’s Program (discussed in more detail Part II), a program designed to help non-lawyer “Navigators” to assist unrepresented litigants in a limited capacity when the litigants appear before different types of state courts. The Navigators must complete training before they are able to assist the litigants. This program has been well received, as Part IV discusses, and has helped more and more unrepresented …

The Uneasy History Of Experiential Education In U.S. Law Schools, Peter A. Joy

Dickinson Law Review (2017-Present)

This article explores the history of legal education, particularly the rise of experiential learning and its importance. In the early years of legal education in the United States, law schools devalued the development of practical skills in students, and many legal educators viewed practical experience in prospective faculty as a “taint.” This article begins with a brief history of these early years and how legal education subsequently evolved with greater involvement of the American Bar Association (ABA). With involvement of the ABA came a call for greater uniformity in legal education and guidelines to help law schools establish criteria for …

“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate

Dickinson Law Review (2017-Present)

No abstract provided.

Introduction To Section V: Facilitating Dialogue With And About The Profession, Maureen Weidman

Dickinson Law Review (2017-Present)

No abstract provided.

College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler

Dickinson Law Review (2017-Present)

No abstract provided.

Law Firm Economics And Professionalism, Ward Bower

Dickinson Law Review (2017-Present)

Both Dean Kronman in The Lost Lawyer and Professor Glendon in A Nation Under Lawyers attribute some of the problems and challenges facing lawyers today to economic pressures and to a preoccupation with profits and fees. For Kronman, this economic focus interferes with the “moral detachment” necessary for achievement of the “lawyer-statesman” ideal. For Glendon, professional dilemmas caused by the deterioration of the legal economy, competition in the marketplace, lawyer-shopping by clients, early specialization, lack of mentoring and emphasis on the billable hour have created an unhappy generation of ethically challenged practitioners.

Both authors accurately assess the state of the …

Lawyers In The Mist: The Golden Age Of Legal Nostalgia, Marc Galanter

Dickinson Law Review (2017-Present)

No one watching the contemporary furor over the litigation explosion and lawsuits devouring America can fail to be impressed by the power of folklore to overwhelm workaday organized social knowledge. Time and again, the protestations of bean-counters and skeptics are vanquished by stories about perverse institutions peopled by malingering plaintiffs, greedy lawyers, capricious jurors, and arrogant judges, proving yet again that it is not what is so that matters, but what people—at least for the moment—think is so. Tenacious belief may not make it so, but can have powerful effects.

In this essay I address another cluster of folklore about …

Address Of Justice Edward J. Fox Of The Supreme Court Of Pennsylvania, Edward J. Fox

Dickinson Law Review (2017-Present)

No abstract provided.

Money Didn’T Buy Happiness, Lawrence J. Fox

Dickinson Law Review (2017-Present)

No abstract provided.

Introduction To Section Vi: Understanding And Improving Our Judicial System, Hanna Borsilli

Dickinson Law Review (2017-Present)

No abstract provided.