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Articles 1501 - 1530 of 4253
Full-Text Articles in Legal Education
New York Leads From The Middle: Crowdsourcing The Bar Exam Cut Score, Joan W. Howarth
New York Leads From The Middle: Crowdsourcing The Bar Exam Cut Score, Joan W. Howarth
Scholarly Works
In this article, Prof. Howarth urges states to move to a uniform cut score on the Multistate Bar Exam (MBE) through the use of crowdsourcing.
Vol. 55, No. 02 (August 27, 2018)
Vol. 55, No. 01 (August 20, 2018)
The History, Meaning, And Use Of The Words Justice And Judge, Jason Boatright
The History, Meaning, And Use Of The Words Justice And Judge, Jason Boatright
St. Mary's Law Journal
The words justice and judge have similar meanings because they have a common ancestry. They are derived from the same Latin term, jus, which is defined in dictionaries as “right” and “law.” However, those definitions of jus are so broad that they obscure the details of what the term meant when it formed the words that eventually became justice and judge. The etymology of jus reveals the kind of right and law it signified was related to the concepts of restriction and obligation. Vestiges of this sense of jus survived in the meaning of justice and judge. …
Law Library Blog (August 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (August 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
"Dirty" Experts: Ethical Challenges Concerning, And A Comparative Perspective On, The Use Of Consulting Experts, David S. Caudill
"Dirty" Experts: Ethical Challenges Concerning, And A Comparative Perspective On, The Use Of Consulting Experts, David S. Caudill
St. Mary's Journal on Legal Malpractice & Ethics
U.S. attorneys often hire consulting experts who potentially never get named as testifying experts. The same practice is evident in Australia, where the colloquial distinction is between a “clean” and a “dirty” expert, the latter being in the role of a consultant who is considered a member of the client’s “legal team.” A “clean” expert named as a witness is then called “independent,” signaling that he or she is not an advocate. In contrast to the U.S. discourse concerning consulting and testifying experts, focused on discovery issues, the conversation in Australia betrays immediate ethical concerns that both (i) explain why …
Globalization: The Next 25 Years (Introduction), Alfred C. Aman
Globalization: The Next 25 Years (Introduction), Alfred C. Aman
Indiana Journal of Global Legal Studies
A warm welcome to you all. Thank you for your participation in this very special milestone for this Journal. As you know, this symposium conference marks the twenty-fifth anniversary of the journal. Our first symposium conference was entitled "The Globalization of Law, Politics and Markets." Those papers were published in our first issue. I went back to that first issue not long ago, and found these lines:
"We currently stand at a watershed in the public law history of the United States. We have moved from local and state common-law, regulatory regimes that dominated the 19th and early 20th centuries, …
The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell
The Texas Standards For Appellate Conduct: An Annotated Guide And Commentary, Gina M. Benavides, Joshua J. Caldwell
St. Mary's Journal on Legal Malpractice & Ethics
The legal profession is bound by ethical rules that govern and guide our conduct and actions as lawyers. One of the under-appreciated, but profoundly important set of guidelines is the Texas Standards for Appellate Conduct. These Standards serve as an excellent practice guide for appellate practitioners and appellate courts and as a model code of conduct for the Bar as a whole.
The goal of this Article is to dissect the Texas Standards for Appellate Conduct and provide useful commentaries for the readers to better appreciate and understand each element of the Standards. The commentaries provide direct case examples and …
The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, Donald E. Campbell
The Paragraph 20 Paradox: An Evaluation Of The Enforcement Of Ethical Rules As Substantive Law, Donald E. Campbell
St. Mary's Journal on Legal Malpractice & Ethics
This Article addresses an issue courts across the country continue to struggle with: When are ethics rules appropriately considered enforceable substantive obligations, and when should they only be enforceable through the disciplinary process? The question is complicated by the ethics rules themselves. Paragraph 20 of the Scope section of the Model Rules of Professional Conduct includes seemingly contradictory guidance; it states the Rules are not to be used to establish civil liability, but also that they can be “some evidence” of a violation of a lawyer’s standard of care. Most states have adopted this paradoxal Paragraph 20 language. Consequently, courts …
Causation And "Legal Certainty" In Legal Malpractice Law, Vincent R. Johnson
Causation And "Legal Certainty" In Legal Malpractice Law, Vincent R. Johnson
St. Mary's Journal on Legal Malpractice & Ethics
A line of California cases holds that causation of damages in legal malpractice actions must be proven with “legal certainty.” This Article argues that judicial references to legal certainty are ambiguous and threaten to undermine the fairness of legal malpractice litigation as a means for resolving lawyer-client disputes. Courts should eschew the language of legal certainty and plainly state that damages are recoverable if a legal malpractice plaintiff proves, by a preponderance of the evidence, that those losses were factually and proximately caused by the defendant’s breach of duty.
Dirty Experts: Ethical Challenges Concerning, And A Comparative Perspective On, The Use Of Consulting Experts, David S. Caudill
Dirty Experts: Ethical Challenges Concerning, And A Comparative Perspective On, The Use Of Consulting Experts, David S. Caudill
Faculty Publications
U.S. attorneys often hire consulting experts who potentially never get named as testifying experts. The same practice is evident in Australia, where the colloquial distinction is between a “clean” and a “dirty” expert, the latter being in the role of a consultant who is considered a member of the client’s “legal team.” A “clean” expert named as a witness is then called “independent,” signaling that he or she is not an advocate. In contrast to the U.S. discourse concerning consulting and testifying experts, focused on discovery issues, the conversation in Australia betrays immediate ethical concerns that both (i) explain why …
De-Grading Assessment: Rejecting Rubrics In Favor Of Authentic Analysis, Deborah L. Borman
De-Grading Assessment: Rejecting Rubrics In Favor Of Authentic Analysis, Deborah L. Borman
Seattle University Law Review
Assigning grades is the least joyful duty of the law professor. In the current climate of legal education, law professors struggle with issues such as increased class size, providing “practice-ready” graduates, streamlining assignments, and accountability in assessment. In an effort to ease the burden of grading written legal analyses, individual professors or law school writing programs or both may develop articulated rubrics to assess students’ written work. Rubrics are classification tools that allow us to articulate our judgment of a written work. Rubrics may be as extensive as twenty categories and subcategories or may be limited to only a few …
Law School News: Dean Yelnosky Applauds Uniform Bar Exam Decision 06-08-2018, Roger Williams University School Of Law
Law School News: Dean Yelnosky Applauds Uniform Bar Exam Decision 06-08-2018, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Volume 42 (Annual Report 2018)
Volume 1, Issue 2 (2017) Inaugural Issue
Volume 1, Issue 2 (2017) Inaugural Issue
International Journal on Responsibility
Contents:
Introduction: Terry Beitzel, Types of Responsibility: Challenges and Opportunities
3 – 5 Howard Zehr, Restorative Justice and the Gandhian Tradition.
6 – 26 Richard E. Rubenstein, Responsibility for Peacemaking in the Context of Structural Violence.
27 – 64 Marc Pufong, Terror, Insecurity, State Responsibility and Challenges: Yesterday and Today?
65 – 77 Ron Kraybill, Responsibility, Community and Conflict Resolution in an Age of Polarization.
78 – 96 John Fairfield, Beyond non-violence to courtship.
97 – 98 Call for papers for forthcoming issues of the International Journal on Responsibility and instructions for authors.
Better Briefs, Lydia Fearing
Better Briefs, Lydia Fearing
St. Mary's Journal on Legal Malpractice & Ethics
Abstract forthcoming
Roger Williams University School Law Commencement May 18, 2018, Bristol, Rhode Island, Roger Williams University School Of Law
Roger Williams University School Law Commencement May 18, 2018, Bristol, Rhode Island, Roger Williams University School Of Law
School of Law Commencement (1996- )
No abstract provided.
Law School News: Rwu Law Celebrates Commencement 2018 05-18-2018, Roger Williams University School Of Law
Law School News: Rwu Law Celebrates Commencement 2018 05-18-2018, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Using Appellate Clinics To Focus On Legal Writing Skills, Timothy Pinto
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 …
“So Teacher, What Is The Right Answer?” Incorporating Critical Thinking Into The Mexican Legal Education: The Application Of The Us Model, Dr. Ying Chen
University of Miami Inter-American Law Review
No abstract provided.
Law School Leadership And Leadership Development For Developing Lawyers, Louis D. Bilionis
Law School Leadership And Leadership Development For Developing Lawyers, Louis D. Bilionis
Faculty Articles and Other Publications
A growing number of legal educators are calling for greater attention to leadership development as an element of legal education at American law schools. Some make the case directly in the name of leadership education. Others see leadership development as part of a broader law school responsibility to provide purposeful support for students in the formation of their professional identity. For yet others, development of leadership skills figures in a law school’s appropriate commitment to the professionalism, professional development, or wellness of its students. These educators, though employing different locutions, constitute a “coalition of the willing” – law school faculty …
Honoring Professor Bruce Kogan (05-07-2018), Michael M. Bowden
Honoring Professor Bruce Kogan (05-07-2018), Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Nomination And Confirmation Of Supreme Court Justices: Some Personal Observations, Joseph L. Rauth Jr.
Nomination And Confirmation Of Supreme Court Justices: Some Personal Observations, Joseph L. Rauth Jr.
Maine Law Review
The following remarks were delivered on October 13, 1992, on the occasion of the first Frank M. Coffin Lecture on Law and Public Service, henceforth to be an annual event at the University of Maine School of Law. The speech was written by the late Joseph L. Rauh, Jr., who died a few weeks before the speech was to be given. The speech was presented by his widow, Olie Rauh, and their son, Michael Rauh.
The Pro Bono Collaborative Project Spotlight: Pro Bono Collaborative Aci Civil Legal Clinics Project Expands To Women's Facility (05-03-2018), Roger Williams University School Of Law
The Pro Bono Collaborative Project Spotlight: Pro Bono Collaborative Aci Civil Legal Clinics Project Expands To Women's Facility (05-03-2018), Roger Williams University School Of Law
Pro Bono Collaborative Staff Publications
No abstract provided.
Dean's Desk: Graduating Class Of 2018 Provides Opportunity To Reflect, Austen L. Parrish
Dean's Desk: Graduating Class Of 2018 Provides Opportunity To Reflect, Austen L. Parrish
Austen Parrish (2014-2022)
On May 5, our faculty, staff, friends and family will gather in Indiana University’s beautiful auditorium to celebrate the IU Maurer School of Law Class of 2018. Presiding at our commencement ceremony is a privilege, and our graduates will go on to do great things. I look forward to having them return to the school to hear of their continued success.
As we celebrate the achievements of this year’s graduating class and look forward to the future, we also look back and celebrate the many accomplishments of those graduates who came before them. We recognize alumni achievements informally all year …