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Full-Text Articles in Law

A Heuristic Approach To Solving Complex Litigation Problems, Melanie L. Oxhorn Mar 2024

A Heuristic Approach To Solving Complex Litigation Problems, Melanie L. Oxhorn

University of Cincinnati Law Review

This Article’s purpose is to propose a heuristic for effectively resolving complex litigation problems that are not clearly or concisely defined, do not present any immediate solutions, frequently involve novel situations or applications of legal doctrine, and suggest a var­­­­iety of possible approaches. The features of this heuristic are derived from and compatible with what we know about good scientific theories and cognitive studies on acquiring knowledge and expertise in any area. As proposed herein, students and less experienced practitioners should focus on developing “critical thinking” skills allowing them to use their training and experience to become adept at identifying …


Legalbench: A Collaboratively Built Benchmark For Measuring Legal Reasoning In Large Language Models, Neel Guha, Julian Nyarko, Daniel E. Ho, Christopher Ré, Adam Chilton, Aditya Narayana, Alex Chohlas-Wood, Austin Peters, Brandon Waldon, Daniel Rockmore, Diego A. Zambrano, Dmitry Talisman, Enam Hoque, Faiz Surani, Frank Fagan, Galit Sarfaty, Gregory M. Dickinson, Haggai Porat, Jason Hegland, Jessica Wu, Joe Nudell, Joel Niklaus, John Nay, Jonathan H. Choi, Kevin Tobia, Margaret Hagan, Megan Ma, Michael A. Livermore, Nikon Rasumov-Rahe, Nils Holzenberger, Noam Kolt, Peter Henderson, Sean Rehaag, Sharad Goel, Shang Gao, Spencer Williams, Sunny Gandhi, Tom Zur, Varun Iyer, Zehua Li Sep 2023

Legalbench: A Collaboratively Built Benchmark For Measuring Legal Reasoning In Large Language Models, Neel Guha, Julian Nyarko, Daniel E. Ho, Christopher Ré, Adam Chilton, Aditya Narayana, Alex Chohlas-Wood, Austin Peters, Brandon Waldon, Daniel Rockmore, Diego A. Zambrano, Dmitry Talisman, Enam Hoque, Faiz Surani, Frank Fagan, Galit Sarfaty, Gregory M. Dickinson, Haggai Porat, Jason Hegland, Jessica Wu, Joe Nudell, Joel Niklaus, John Nay, Jonathan H. Choi, Kevin Tobia, Margaret Hagan, Megan Ma, Michael A. Livermore, Nikon Rasumov-Rahe, Nils Holzenberger, Noam Kolt, Peter Henderson, Sean Rehaag, Sharad Goel, Shang Gao, Spencer Williams, Sunny Gandhi, Tom Zur, Varun Iyer, Zehua Li

All Papers

The advent of large language models (LLMs) and their adoption by the legal community has given rise to the question: what types of legal reasoning can LLMs perform? To enable greater study of this question, we present LegalBench: a collaboratively constructed legal reasoning benchmark consisting of 162 tasks covering six different types of legal reasoning. LegalBench was built through an interdisciplinary process, in which we collected tasks designed and hand-crafted by legal professionals. Because these subject matter experts took a leading role in construction, tasks either measure legal reasoning capabilities that are practically useful, or measure reasoning skills that lawyers …


Creating Shared Understanding: Preparing Students For A Modern Client Base, Jaclyn Celebrezze, Mireille Butler Dec 2022

Creating Shared Understanding: Preparing Students For A Modern Client Base, Jaclyn Celebrezze, Mireille Butler

Presentations

The Legal Writing Institute hosted a series of one-day workshops at various law schools, including at CWRU, where the theme of the workshops was "Preparing Students for the Modern Practice of Law." This presentation discusses how to prepare students for a modern, globalized client base, and provides tips and tools to help create a shared understanding between clients and future practitioners.


A Study Of Tax Lawyers Discussing Duties, Michael Hatfield, Michelle Kwon Jan 2022

A Study Of Tax Lawyers Discussing Duties, Michael Hatfield, Michelle Kwon

Articles

This Article reports the first qualitative empirical study of U.S. tax lawyers. We interviewed women lawyers who were tax planning specialists. Though this is the first such study of U.S. tax lawyers, this methodology has been used often to study the professional ethics of other tax practitioners around the world. We had three research questions that we sought to answer through dynamic conversations on topics such as the distinctions between good and bad tax plans and good and bad tax lawyers and also the joys and stresses of tax practice. Our first research question was as to the make-up of …


Cognitive Decline And The Workplace, Sharona Hoffman Jan 2022

Cognitive Decline And The Workplace, Sharona Hoffman

Faculty Publications

Cognitive decline will increasingly become a workplace concern because of three intersecting trends. First, the American population is aging. In 2019, 16.5 percent of the population, or fifty-four million people, were age 65 and over, and the number is expected to increase to seventy-eight million by 2025. Dementia is not uncommon among older adults, and by the age of eighty-five, between twenty-five and fifty percent of individuals suffer from this condition. Second, individuals are postponing retirement and prolonging their working lives. For example, about a quarter of physicians are over sixty-five, as are fifteen percent of attorneys. The average age …


The Use Of Technical Experts In Software Copyright Cases: Rectifying The Ninth Circuit’S “Nutty” Rule, Shyamkrishna Balganesh, Peter S. Menell Jan 2021

The Use Of Technical Experts In Software Copyright Cases: Rectifying The Ninth Circuit’S “Nutty” Rule, Shyamkrishna Balganesh, Peter S. Menell

Faculty Scholarship

Courts have long been skeptical about the use of expert witnesses in copyright cases. More than four decades ago, and before Congress extended copyright law to protect computer software, the Ninth Circuit in Krofft Television Productions, Inc. v. McDonald’s Corp. ruled that expert testimony was inadmissible to determine whether Mayor McCheese and the merry band of McDonald’s characters infringed copyright protection for Wilhelmina W. Witchiepoo and the other imaginative H.R. Pufnstuf costumed characters. Since the emergence of software copyright infringement cases in the 1980s, substantially all software copyright cases have permitted expert witnesses to aid juries in understanding software code. …


We Are...Community!, Michael A. Mogill Jan 2021

We Are...Community!, Michael A. Mogill

Faculty Scholarly Works

The concept of “community” has become increasingly important in law schools, relating both to our professionalism and the education of our students. During the recent celebration of our school’s 185th anniversary of its founding, I addressed one of the school’s core values, that of “community”. This article explores that value and its meaning both within our law schools and the greater society, serving to advance the public interest and the interests of our law students, the legal academy and practicing attorneys everywhere. The message conveys is universal and contemporary, going well beyond our anniversary celebration. Ultimately, it can help …


Technology And The (Re)Construction Of Law, Christian Sundquist Jan 2021

Technology And The (Re)Construction Of Law, Christian Sundquist

Articles

Innovative advancements in technology and artificial intelligence have created a unique opportunity to re-envision both legal education and the practice of law. The COVID-19 pandemic has accelerated the technological disruption of both legal education and practice, as remote work, “Zoom” client meetings, virtual teaching, and online dispute resolution have become increasingly normalized. This essay explores how technological innovations in the coronavirus era are facilitating radical changes to our traditional adversarial system, the practice of law, and the very meaning of “legal knowledge.” It concludes with suggestions on how to reform legal education to better prepare our students for the emerging …


Criminal Legal Education, Shaun Ossei-Owusu Jan 2021

Criminal Legal Education, Shaun Ossei-Owusu

All Faculty Scholarship

The protests of 2020 have jumpstarted conversations about criminal justice reform in the public and professoriate. Although there have been longstanding demands for reformation and reimagining of the criminal justice system, recent calls have taken on a new urgency. Greater public awareness of racial bias, increasing visual evidence of state-sanctioned killings, and the televised policing of peaceful dissent have forced the public to reckon with a penal state whose brutality was comfortably tolerated. Scholars are publishing op-eds, policy proposals, and articles with rapidity, pointing to different factors and actors that produce the need for reform. However, one input has gone …


The Racial Reckoning Of Public Interest Law, Shaun Ossei-Owusu, Atinuke Adediran Jan 2021

The Racial Reckoning Of Public Interest Law, Shaun Ossei-Owusu, Atinuke Adediran

All Faculty Scholarship

This Essay contends that segments of public interest law often get a pass on questions of race because it is a field of law that is genuinely concerned with marginalized communities. But the historical record, the dearth of empirical data on race, the homogeneity of the legal profession, and the recognition that no one is necessarily immune from racial biases all demand that the public interest bar reckon with its racial character. The racial oversights of public interest law can manifest themselves in hiring, staffing, organizational mission, leadership, and the actual delivery of legal services. We argue that a racial …


Clinicians Reflect On Covid-19: Lessons Learned And Looking Beyond, The Association Of American Law Schools (Aals) Policy Committee, Deborah Archer, Caitlin Barry, Lisa Bliss, Gautam Hans, Vida Johnson, Carolyn Haas, Lynnise E. Pantin, Kele Stewart, Erica Wilson, The Clinical Legal Education Association (Clea) Committee For Faculty Equity And Inclusion, Priya Baskaran, Jennifer Fernandez, Crystal Grant, Anjum Gupta, Julia Hernandez, Alexis Karteron, Shobha Mahadev Jan 2021

Clinicians Reflect On Covid-19: Lessons Learned And Looking Beyond, The Association Of American Law Schools (Aals) Policy Committee, Deborah Archer, Caitlin Barry, Lisa Bliss, Gautam Hans, Vida Johnson, Carolyn Haas, Lynnise E. Pantin, Kele Stewart, Erica Wilson, The Clinical Legal Education Association (Clea) Committee For Faculty Equity And Inclusion, Priya Baskaran, Jennifer Fernandez, Crystal Grant, Anjum Gupta, Julia Hernandez, Alexis Karteron, Shobha Mahadev

Faculty Scholarship

As a result of the unprecedented COVID-19 pandemic, clinical faculty had to abruptly adapt their clinical teaching and case supervision practices to adjust to the myriad restrictions brought on by the pandemic. This brought specialized challenges for clinicians who uniquely serve as both legal practitioners and law teachers in the law school setting. With little support and guidance, clinicians tackled never before seen difficulties in the uncharted waters of running a clinical law practice during a pandemic.

In this report, we review the responses of 220 clinicians to survey questions relating to how law clinics and clinicians were treated by …


How I Finally Overcame My Apprehension About Peer Review, Beth H. Wilensky Sep 2020

How I Finally Overcame My Apprehension About Peer Review, Beth H. Wilensky

Articles

I’ll admit it: I was afraid to try peer review in my Legal Practice class. I’ve been teaching legal analysis, writing, and research for 17 years. I know all of the benefits of peer review. I’ve read plenty of scholarship about why and how to do it well. I have space in my syllabus to incorporate it into my teaching. But I’ve been reluctant. I worried that students would be averse to sharing their work with a classmate. I worried that the exercise would embarrass students who felt self-conscious about their writing. And I worried that the truly excellent writers …


Cool Tools: Apps And Other Tools For Lawyers, Billie Jo Kaufman Feb 2020

Cool Tools: Apps And Other Tools For Lawyers, Billie Jo Kaufman

Presentations

Presented in Atlanta, GA as part of the State Bar of Georgia CLE Program "Internet Legal Research" on Feb. 20, 2020, 11:20 pm.


Jewish Lawyers And The U.S. Legal Profession: The End Of The Affair?, Eli Wald Jan 2020

Jewish Lawyers And The U.S. Legal Profession: The End Of The Affair?, Eli Wald

Touro Law Review

No abstract provided.


The Systems Approach To Teaching Business Associations, Lynn M. Lopucki, Andrew Verstein Jan 2020

The Systems Approach To Teaching Business Associations, Lynn M. Lopucki, Andrew Verstein

UF Law Faculty Publications

The systems approach applies the methods of systems analysis to law. The principal method is to describe the system, situate a problem within the system, and take system mechanics into account in solving it. The system might be the “legal system”—essentially litigation. But more often, it is a “law-related system”—one not composed of law, but one in which law plays a role. That system might be crime, the Internet, the corporation, or any other activity substantially affected by law. The analyst situates the application of law in the context of the physical system as it actually operates. In business associations, …


(Systems) Thinking Like A Lawyer, Tomar Pierson-Brown Jan 2020

(Systems) Thinking Like A Lawyer, Tomar Pierson-Brown

Articles

This Article discusses systems thinking as an innovative approach to contextualizing legal advocacy. Systems thinking, a paradigm that emphasizes universal interconnectivity, provides a theoretical basis for parsing the structural environment in which law-related problems emerge and are addressed. From the array of conceptions about what it means to engage in systems thinking, this Article identifies four key tenets to this perspective: (1) every outcome is the product of some structure; (2) these structures are embedded within and connected to one another; (3) the structure producing an outcome can be discerned; and (4) these structures are resilient, but not fixed. This …


Main Street Multidisciplinary Practice Firms: Laboratories For The Future, Susan Poser Jun 2019

Main Street Multidisciplinary Practice Firms: Laboratories For The Future, Susan Poser

Susan Poser

This Article examines the debate over multidisciplinary practice in the wake of the collapse of Enron and Arthur Andersen. Part I addresses the history of the scholarly debate about multidisciplinary practice in the United States. It discusses the focus on large multidisciplinary firms, feared threats to independent professional judgment, and the current rule concerning lawyers and multidisciplinary practice.

Part II examines the reasons for allowing multidisciplinary practice. The author argues that client demand, lawyer demand, and policy reasons all provide valid reasons for permitting "one-stop" shopping. Part I also discusses existing forms of multidisciplinary practice. The author argues that the …


Lawyer As Soothsayer: Exploring The Important Role Of Outcome Prediction In The Practice Of Law, Mark K. Osbeck Dec 2018

Lawyer As Soothsayer: Exploring The Important Role Of Outcome Prediction In The Practice Of Law, Mark K. Osbeck

Articles

Outcome prediction has always been an important part of practicing law. Clients rely heavily on their attorneys to provide accurate assessments of the potential legal consequences they face when making important decisions (such as whether to accept a plea bargain, or risk a conviction on a much more serious offense at trial). And yet, notwithstanding its enormous importance to the practice of law (and notwithstanding the handsome legal fees it commands), outcome prediction in the law remains a very imprecise endeavor. The reason for this inaccuracy is that the three principal tools lawyers have traditionally relied on to facilitate outcome …


Using Appellate Clinics To Focus On Legal Writing Skills, Timothy Pinto May 2018

Using Appellate Clinics To Focus On Legal Writing Skills, Timothy Pinto

Articles

Five years ago, I went to lunch with a colleague. I was teaching a legal writing course to 1L students, and he taught in a clinic in which 2L and 3L students were required to write short motions and briefs. Several of his students had taken my writing class as 1Ls, and he had a question for me. "What the heck are you teaching these students?" he asked as we sat down. He explained that several of his students were struggling with preparing simple motions. They were not laying out facts clearly. They were not identifying key legal rules. In …


The Uncertain Foundation Of Work Product, Michael A. Blasie Oct 2017

The Uncertain Foundation Of Work Product, Michael A. Blasie

Faculty Scholarly Works

Work product is heavily litigated, extensively studied, and sorely misunderstood. Most blissfully accept it as a combination of codified rules and the seminal case of Hickman v. Taylor. This view settles for a superficial understanding that neither recognizes nor questions underlining assumptions. The codified rules are legislative mandates, Hickman is Supreme Court common law, and they define the doctrine differently. To understand its proper scope of work product, we must know the basis of Hickman v. Taylor, whether it can coexist with codified rules, and what happens when they conflict. This Article takes the novel view that work product is …


Experiential Skills In Legal Education: Introducing Tomorrow’S Practitioners To Practicing Law, Edward R. Becker Jun 2017

Experiential Skills In Legal Education: Introducing Tomorrow’S Practitioners To Practicing Law, Edward R. Becker

Articles

Welcome to the “Future of Law,” a new column that will appear regularly in the Michigan Bar Journal. This month, we kick off a recurring series devoted to legal education. These articles will highlight new developments and ongoing efforts at the five Michigan law schools to introduce students to experiential skills and more effectively prepare them to practice law. In future columns, authors will shed light on what law schools are doing to prepare students for practice and, we hope, inspire more Michigan attorneys to get involved—or, for some of you, become further involved—in those efforts. Why is this inaugural …


Toward A Theory Of Motion Practice And Settlement: Comment, Adam C. Pritchard Mar 2017

Toward A Theory Of Motion Practice And Settlement: Comment, Adam C. Pritchard

Articles

"Scott Baker (2017) has provided a thought-provoking contribution to this symposium volume, helping us to better understand the strategic game of litigation. In terms of both resources and actual disputes resolved, pretrial practice is vastly more important than actual trials. Trials are a rarity in the American civil justice system, as the overwhelming majority of disputes are resolved via settlement. Indeed, rational-choice scholars have struggled to explain why all disputes are not resolved via settlement, as settlement avoids the expense of a trial, which is a dead-weight loss to both sides of the dispute. The parties’ mutual incentive toward settlement …


Do Androids Dream Of Bad News?, Heidi H. Liu Jan 2017

Do Androids Dream Of Bad News?, Heidi H. Liu

All Faculty Scholarship

Breaking bad news is one of the toughest things to do in any field dealing with client care. As automation and technology increasingly interweave with human experience, there is growing concern about whether automated agents (‘‘AAs”) would be adequate to perform such a complex emotional act. In this paper, I draw from the literature in psychology and computer science to understand how individuals might react to automated agents (AAs) and address some of the strengths and limitations of AAs. I raise several legal and empirical issues that future designers and users of AAs must consider, including disclosure of and liability …


Just And Speedy: On Civil Discovery Sanctions For Luddite Lawyers, Michael Thomas Murphy Jan 2017

Just And Speedy: On Civil Discovery Sanctions For Luddite Lawyers, Michael Thomas Murphy

All Faculty Scholarship

This article presents a theoretical model by which a judge could impose civil sanctions on an attorney - relying in part on Rule 1 of the Federal Rules of Civil Procedure - for that attorney’s failure to utilize time- and expense-saving technology.

Rule 1 now charges all participants in the legal system to ensure the “just, speedy and inexpensive” resolution of disputes. In today’s litigation environment, a lawyer managing a case in discovery needs robust technological competence to meet that charge. However, the legal industry is slow to adopt technology, favoring “tried and true” methods over efficiency. This conflict is …


Reimagining Legal Education: Incorporating Live-Client Work Into The First-Year Curriculum, Nancy Vettorello, Beth Hirschfelder Wilensky Jan 2017

Reimagining Legal Education: Incorporating Live-Client Work Into The First-Year Curriculum, Nancy Vettorello, Beth Hirschfelder Wilensky

Articles

Since 2015, Legal Practice faculty have partnered with local legal services organizations and the law school’s own clinics to provide our 1L students with client interaction, under the close supervision of experienced attorneys. So far, our students have worked with the Michigan Immigrant Rights Center, Legal Services of South Central Michigan, and the school’s Unemployment Law Clinic.


The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer Aug 2016

The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Book Review | Practice Perspectives: Vault’S Guide To Legal Practice Areas, Tina M. Brooks May 2016

Book Review | Practice Perspectives: Vault’S Guide To Legal Practice Areas, Tina M. Brooks

Tina M. Brooks

In this book review, Tina M. Brooks discusses Practice Perspectives: Vault’s Guide to Legal Practice Areas by Rachel Marx Boufford (editor).


How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic Jan 2016

How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic

Michigan Journal of International Law

This Article offers an empirical answer to a question of interest among scholars of comparative international law: why do American views about international law appear at times to differ from those of other countries? We contend that part of the answer lies in legal education. Conducting a survey of the educational and professional backgrounds of nearly 150 legal academics, we reveal evidence that professors of international law in the United States often lack significant foreign legal experience, particularly outside of the West. Sociological research suggests that this tendency leads professors to teach international law from predominantly nationalistic and Western perspectives, …


Procedure And Pragmatism, Stephen B. Burbank Jan 2016

Procedure And Pragmatism, Stephen B. Burbank

All Faculty Scholarship

In this essay, prepared as part of a festschrift for the Italian scholar, Michele Taruffo, I portray him as a pragmatic realist of the sort described by Richard Posner in his book, Reflections on Judging. Viewing him as such, I salute Taruffo for challenging the established order in domestic and comparative law thinking about civil law systems, the role of lawyers, courts and precedent in those systems, and also for casting the light of the comparative enterprise on common law systems, particularly that in the United States. Speaking as one iconoclast of another, however, I also raise questions about Taruffo’s …


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.