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Legal Ethics and Professional Responsibility Commons™

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Legal education

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Full-Text Articles in Legal Ethics and Professional Responsibility

Think Like A (Mindful) Lawyer: Incorporating Mindfulness, Professional Identity, And Emotional Intelligence Into The First Year Law Curriculum, Nathalie Martin Apr 2014

Think Like A (Mindful) Lawyer: Incorporating Mindfulness, Professional Identity, And Emotional Intelligence Into The First Year Law Curriculum, Nathalie Martin

University of Arkansas at Little Rock Law Review

No abstract provided.

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The First Thing We Do, Jorge R. Roig Jan 2014

The First Thing We Do, Jorge R. Roig

Scholarly Works

There is currently a concerted effort to dumb down America. In the midst of this, the American Bar Association’s Council of the Section on Legal Education and Admissions to the Bar recently agreed to propose that tenure for law professors be eliminated as a requirement for accreditation of law schools. This article analyzes the arguments for and against tenure in legal academia, and concludes that the main proposed justifications for eliminating tenure are highly questionable, at best. A lawyer is more than a legal technocrat. Lawyers are policy makers and public defenders. They are prosecutors and activists. And the development …

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Mindful Ethics - A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott L. Rogers Jan 2014

Mindful Ethics - A Pedagogical And Practical Approach To Teaching Legal Ethics, Developing Professional Identity, And Encouraging Civility, Jan L. Jacobowitz, Scott L. Rogers

Articles

Aristotle spoke of virtue and ethics as a combination of practical wisdom and habituation-an individual must learn from the application of critical reasoning skills to experience. Perhaps one of the earliest proclamations of the value of experiential learning, the Aristotelian view, reappears throughout history and is captured once again by the Carnegie Foundation's Report on Legal Education, which includes a call for instruction that provides practical skills and ethical grounding to complement the teaching of legal analysis. The Carnegie Report continues to play a role in the ongoing discussion of the need to reform legal education; a debate that is …

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The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers Jan 2014

The Role Of Mindfulness In The Ongoing Evolution Of Legal Education, Scott L. Rogers

Articles

No abstract provided.

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Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?, Nicola A. Boothe-Perry Jan 2014

Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?, Nicola A. Boothe-Perry

Journal Publications

Lawyers have long been recognized as being necessary in the effective functioning of an ordered society in roles as both officers of the court and, more broadly, as officers of the system of justice. In 2014, the ABA Task Force on the Future of Legal Education report noted that "[s]ociety has a deep interest in the competence of lawyers, in their availability to serve society and clients, in the broad public role they can play, and in their professional values." Values such as those noted in the Model Rules of Professional Conduct (advisor, counselor, and advocate) are instrumental in the …

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Law Firm Internships And The Making Of Future Lawyers: An Empirical Study In Singapore, Seow Hon Tan Jan 2014

Law Firm Internships And The Making Of Future Lawyers: An Empirical Study In Singapore, Seow Hon Tan

Research Collection Yong Pung How School Of Law

This article examines the findings of an empirical study of law students from the Singapore Management University on their internship experiences at private law firms. As internships are frequently undertaken by law students, it is necessary for stakeholders to understand their impact on the values and ideals of law students in relation to the law and legal practice. This article seeks to increase the consciousness of law school educators, lawyers, and the professional bar about how law firm internships are contributing to the making of future lawyers, so as to facilitate the reflection by these parties as to their roles …

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Are Clinics A Magic Bullet?, Deborah J. Cantrell Jan 2014

Are Clinics A Magic Bullet?, Deborah J. Cantrell

Publications

In the current conversation about reforming legal education, one of the constant refrains is that law schools must graduate students who are "practice ready." Commentators go on to argue that for law schools to produce "practice ready" students, they must expand how they offer experiential learning. One potential way to do that is to expand clinical legal education programs. I worry that law schools (and others) are envisioning clinical legal education as a magic bullet that will solve all of the ills and imbalances present in current legal education. In this article, I demonstrate the unhelpfulness of the phrase "practice …

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Professionalism And The New Normal, Philip J. Weiser Jan 2013

Professionalism And The New Normal, Philip J. Weiser

Publications

No abstract provided.

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Practicing On Purpose: Promoting Personal Wellness And Professional Values In Legal Education, Gretchen Duhaime Nov 2012

Practicing On Purpose: Promoting Personal Wellness And Professional Values In Legal Education, Gretchen Duhaime

Touro Law Review

No abstract provided.

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The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers Jan 2012

The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers

Articles

No abstract provided.

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Standard Lawyer Behavior? Professionalism As An Essential Standard For Aba Accreditation, Nicola A. Boothe-Perry Jan 2012

Standard Lawyer Behavior? Professionalism As An Essential Standard For Aba Accreditation, Nicola A. Boothe-Perry

Journal Publications

This article addresses the ABA as a source of pressure to encourage and foster professionalism education in law schools. The ABA holds a uniquely powerful position in the American legal community, and with it the ABA enjoys the attendant ability to influence professionalism training and awareness. The principal tool at the ABA's disposal considered in this article is the ABA's ability to promulgate standards for professionalism as a requirement for law school accreditation. This article argues that this is the proper time for the ABA to institute a specific standard in an effort to increase professionalism in the legal profession.

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Tiger Cub Strikes Back: Memoirs Of An Ex-Child Prodigy About Legal Education And Parenting, Peter H. Huang Jan 2012

Tiger Cub Strikes Back: Memoirs Of An Ex-Child Prodigy About Legal Education And Parenting, Peter H. Huang

Publications

I am a Chinese American who at 14 enrolled at Princeton and at 17 began my applied mathematics Ph.D. at Harvard. I was a first-year law student at the University of Chicago before transferring to Stanford, preferring the latter's pedagogical culture. This Article offers a complementary account to Amy Chua's parenting memoir. The Article discusses how mainstream legal education and tiger parenting are similar and how they can be improved by fostering life-long learning about character strengths, emotions, and ethics. I also recount how a senior professor at the University of Pennsylvania law school claimed to have gamed the U.S. …

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New Ways To Teach Drafting And Drafting Ethics, Lisa Penland, David I.C. Thomson, Susan Duncan, Karen J. Sneddon, Susan M. Chesler Jan 2011

New Ways To Teach Drafting And Drafting Ethics, Lisa Penland, David I.C. Thomson, Susan Duncan, Karen J. Sneddon, Susan M. Chesler

Sturm College of Law: Faculty Scholarship

As foreign as it can seem to not be in a physical classroom with bodies sitting in the chairs listening, it is a very different way of teaching but it can be very effective. If you go through this process of developing and dividing outcomes, dividing modules, and selecting the right technology, it can work. And that is kind of a scary thought to some people. Perhaps not people who have come to this section today or to this conference about What's Next, but for many of our colleagues, this is kind of a scary thought – that you might …

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Unpacking The Apprenticeship Of Professional Identity And Purpose: Insights From The Law School Survey Of Student Engagement, Carole Silver, Amy Garver, Lindsay Watkins Jan 2011

Unpacking The Apprenticeship Of Professional Identity And Purpose: Insights From The Law School Survey Of Student Engagement, Carole Silver, Amy Garver, Lindsay Watkins

Articles by Maurer Faculty

Drawing on data from the Law School Survey of Student Engagement, this paper investigates the ways in which law students develop a sense of professional identity and purpose, the third apprenticeship identified by the Carnegie Foundation in its report, Educating Lawyers. The data offer only a first step toward unpacking how students learn about professional identity and purpose. Generally, the findings point to the importance of law school classes for effective learning about legal ethics, and to the role of clinical legal education as a means for deepening the effectiveness of lessons about ethics, professional identity and purpose.

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The Way We Think: Ethics, Health And The Environment In International Business, David N. Smith Mar 2010

The Way We Think: Ethics, Health And The Environment In International Business, David N. Smith

Research Collection Yong Pung How School Of Law

Breaches of ethics and social responsibility in domestic and international business are typically thought to be anchored in such phenomena as greed, dishonesty and conflict of interest. While these forces are frequently at work in international business transactions, there is often another major force at work when failures of ethics and social responsibility occur. This article addresses the question of what is it about the way that transnational company managers and government officials think or don't think that leads to breaches of ethics and social responsibility - breaches that often result in major health, environmental and social tragedies. The article …

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The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert J. Rhee Jan 2010

The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert J. Rhee

Faculty Scholarship

This essay suggests that a deficiency in legal education is a contributing cause of the regulatory failure. The most scandalous malfeasance of this new era, the Madoff Ponzi scheme, evinces the failure of improperly trained lawyers and regulators. It also calls into question whether the prevailing regulatory philosophy of disclosure of disclosure is sufficient in a complex market. This essay answers an important question underlying these considerations: What can legal education do to better train business lawyers and regulators for a market that is becoming more complex? One answer, it suggests, is a simple one: law schools should teach a …

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Teaching Public Citizen Lawyering: From Aspiration To Inspiration, Mae Quinn Jan 2010

Teaching Public Citizen Lawyering: From Aspiration To Inspiration, Mae Quinn

Journal Articles

A longtime social justice activist and clinical professor, Douglas Colbert,2 recently sought information from colleagues across the country3 for the second part of an important project examining a lawyer’s ethical obligation to engage in pro bono work during a time of crisis, such as the aftermath of Hurricane Katrina or 9/11.4 He sent out surveys to learn which schools actually taught the Preamble to the ABA Model Rules of Professional Conduct in ethics or other courses.5 As Professor Colbert’s letter explained, the Preamble states: “A lawyer, as a member of the legal profession, is a representative of clients, an officer …

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Transnational Legal Practice 2009, Carole Silver, Laurel S. Terry, Ellyn S. Rosen Jan 2010

Transnational Legal Practice 2009, Carole Silver, Laurel S. Terry, Ellyn S. Rosen

Articles by Maurer Faculty

This article identifies some of the most important U.S. and international developments in transnational legal practice and provides citations for further research. The article begins by briefly reviewing the impact of the recession on legal services. The second section focuses on international developments. It identifies some of the ongoing efforts to implement the 2007 U.K. Legal Services Act, including the issuance of the influential Hunt and Smedley reports. It also provides information about law reform initiatives in France, Scotland and Korea. This section of the article also provides information about Canadian and Australian developments regarding admission of foreign applicants and …

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Against Practice, Anthony V. Alfieri Jan 2009

Against Practice, Anthony V. Alfieri

Articles

No abstract provided.

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Globalization And Corporate Social Responsibility: Challenges For The Academy, Future Lawyers, And Corporate Law, Faith Stevelman Jan 2009

Globalization And Corporate Social Responsibility: Challenges For The Academy, Future Lawyers, And Corporate Law, Faith Stevelman

Articles & Chapters

Changes in information technology, in combination with changing popular and political opinion (including concern over climate change) are moving the subject of corporate social responsibility ('CSR') to the forefront of policy reform, consumer and investor behavior, and graduate business education. Nevertheless, up to the present, CSR has not thrived within law schools’ curricula, or mainstream graduate or undergraduate programs. First, the subject is too synthetic to fit neatly within the core, established framework of academic subject areas (e.g. history, economics, sociology and management), or law schools’ conventional teaching of corporate, securities, employment, administrative, or environmental law. CSR is relevant to …

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Teaching Business Lawyering In Law Schools: A Candid Assessment Of The Challenges And Some Suggestions For Moving Ahead, Eric J. Gouvin Jan 2009

Teaching Business Lawyering In Law Schools: A Candid Assessment Of The Challenges And Some Suggestions For Moving Ahead, Eric J. Gouvin

Faculty Scholarship

As a result of several recent studies and changes in the ABA's Standards for Approval of Law Schools, legal education is paying more attention to skills training for law students. The need to bring the skills and values of business lawyers into the classroom has never been greater, yet there remains a real risk that "skills training" may be skewed in favor of litgation skills, with little emphasis given to transactional practice. This Article assesses some of the obstacles that stand in the way of effective integration of transactional skills into the law school curriculum and offers some concrete suggestions …

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Teaching Ethics In Context: Wood V. Lucy, Lady Duff-Gordon In The First Year Curriculum, Celia R. Taylor Jan 2008

Teaching Ethics In Context: Wood V. Lucy, Lady Duff-Gordon In The First Year Curriculum, Celia R. Taylor

Sturm College of Law: Faculty Scholarship

More and more attention is being placed on the importance of teaching ethics throughout the law school curriculum. This article focuses on the seminal contracts law case of Wood v. Lucy, Lady Duff-Gordon and demonstrates how it raises numerous ethical issues that can serve as the basis for stimulating discussion, encouraging even first-year law students to understand the importance of ethical thinking and behavior in their education and their careers.

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Creeping Impoverization: Material Conditions, Income Inequality, And Erisa Pedagogy Early In The 21st Century, Maria O'Brien May 2007

Creeping Impoverization: Material Conditions, Income Inequality, And Erisa Pedagogy Early In The 21st Century, Maria O'Brien

Faculty Scholarship

To say that poverty remains one of the most pressing issues of our time is a colossal understatement. A staggering number of people on the planet live in poverty. In the United States alone, the working poor and those living at or below the poverty line make up 12.6 percent of our populace.' While these individuals may not all be in imminent danger of starving or homelessness, they often lack basic safeguards that those in the upper socio-economic levels of society take for granted: basic health insurance, access to pension programs, disability coverage, and the certainty of a living wage …

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Clinical Genesis In Miami, Anthony V. Alfieri, Maryanne Stanganelli, Jessi Tamayo, Wendi Adelson Jan 2007

Clinical Genesis In Miami, Anthony V. Alfieri, Maryanne Stanganelli, Jessi Tamayo, Wendi Adelson

Articles

No abstract provided.

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Everything I Wanted To Know About Teaching Law School I Learned From Being A Kindergarten Teacher: Ethics In The Law School Classroom, Debra Moss Curtis Jan 2006

Everything I Wanted To Know About Teaching Law School I Learned From Being A Kindergarten Teacher: Ethics In The Law School Classroom, Debra Moss Curtis

Faculty Scholarship

This article discusses the ethics of teaching law school. It was not until the 1920s and 1930s that full-time law teachers, rather than part-time practitioners or judges, held the main responsibility for teaching at many law schools. When this shift began to occur, the field of "law professor" was born, and there arose the need for rules in all areas governing law professors, including ethics. Today, most law professors in the United States are members of both the legal and teaching professions and therefore must comply with the ethical rules of each profession. However they may be professionally licensed, law …

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Adr Ethics, Scott R. Peppet Mar 2004

Adr Ethics, Scott R. Peppet

Journal of Legal Education

No abstract provided.

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On Collegiality, Michael L. Seigel Jan 2004

On Collegiality, Michael L. Seigel

UF Law Faculty Publications

The problem of collegiality in academia is like a crazy aunt in the family: ever present, whispered about in hallways, but rarely acknowledged directly. My goal in this article has been to initiate the demise of this pattern of unhappy toleration. The toleration stems, in large part, from an apparently widespread fear that attempts to control colleagues' uncollegial conduct will result in an unacceptable diminution of academic freedom. Although these concerns are legitimate, I have sought to prove that, if appropriate care is taken, academic freedom may flourish at the same time that a norm of basic collegiality is enforced. …

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Teaching Practical Wisdom, Deborah J. Cantrell Jan 2004

Teaching Practical Wisdom, Deborah J. Cantrell

Publications

No abstract provided.

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Opening Remarks, Gary A. Munneke Jan 2003

Opening Remarks, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Interestingly, there is hardly any scholarship, and very little discussion, about the MacCrate Report outside of the clinical and skills programs in the traditional segments of legal education. I am not a clinician, although in the past I have taught courses in interviewing and counseling, and negotiations. I teach Law Practice Management and Professional Responsibility, which address professional skills and values; but I teach Torts as well, and my Torts colleagues, like teachers in other traditional subjects, really do not focus on these issues very much. So, one of the things I wanted to do with this symposium was to …

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The Social Responsibility Of Corporate Law Professors, Lyman P.Q. Johnson Jan 2002

The Social Responsibility Of Corporate Law Professors, Lyman P.Q. Johnson

Scholarly Articles

Most statements of corporate social responsibility focus on the responsibilities of corporate decision makers or their advisors Professor Johnson argues that corporate law professors-the persons who educate the students who will become lawyers counseling corporate decision makers-also have a social responsibility. He believes that professors should find various ways to raise the subject of corporate social responsibility in the basic corporations course, and he advocates rejecting a classroom approach that addresses only shareholder-manager relations After describing several possible ways to do this, Professor Johnson spotlights fiduciary laws as a fruitful area to enrich student understandings of director duties in a …

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