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Full-Text Articles in Legal Profession

American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen Sep 2019

American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen

Charlotte Ku

Just over ten years ago, Germans tore down a wall that divided their country and the whole of Europe. Stepping through the hole in the Berlin Wall, they took the first steps towards the reunification of West and East Germany and the end of the Cold War. Today another wall is being torn down—that between purely domestic law and international law. Companies are engaged in international trade at ever increasing rates. Environmental degradation has proved to be a global problem that cannot be solved with uncoordinated local measures. Individuals worldwide are pressing their governments for the recognition of a common …


And Now A Crisis In Legal Education, James E. Moliterno Aug 2019

And Now A Crisis In Legal Education, James E. Moliterno

James E. Moliterno

The current crisis in legal education coincides with a crisis in the practice of law. Law practice has changed as a result of technology, globalization, and economic pressures. The market for legal education's product, law graduates, have diminished. Law schools cannot remain the same in this environment. Except for a very small number of elite schools, those that do not adjust are at serious risk of failing.

An economic change has taken place against a system in which mostly corporate clients willingly paid for the training of beginners at major law firms. Law firms could absorb those costs if partners …


The Future Of Legal Education Reform, James E. Moliterno Aug 2019

The Future Of Legal Education Reform, James E. Moliterno

James E. Moliterno

The article discusses the criticism raised against legal education including high cost, disconnection between law schools and profession, and lack of employment opportunities. It examines the role of the bar examinations and reflects that the model in place is dysfunctional. It suggests that modern law school should teach students not only legal analysis but also business aspect of law practice such as project management and creative resolutions of disputes.


The Power Of Imagination: Diversity And The Education Of Lawyers And Judges, Barry Sullivan Jul 2019

The Power Of Imagination: Diversity And The Education Of Lawyers And Judges, Barry Sullivan

Barry Sullivan

No abstract provided.


Clinical Legal Education And Legal Aid - The Canadian Experience, Frederick H. Zemans, Lester Brickman Jan 2019

Clinical Legal Education And Legal Aid - The Canadian Experience, Frederick H. Zemans, Lester Brickman

Frederick H. Zemans

Last fall CLEPR sponsored the first workshop of Canadian law schools devoted exclusively to the subject of clinical law training in Canada. The seminar was co-hosted by the McGill University and Osgoode Hall Law Schools and CLEPR, and was held at the Law School of McGill in Montreal, on November 29th and 30th, 1973. The workshop was organized and co-chaired by Professor Frederick H. Zemans of Osgoode Hall Law School and Professor Lester Brickman of the University of Toledo Law School, who are responsible for this report of the proceedings. A list of those attending is included at the conclusion …


International Developments And Their Impact On U.S. Lawyer Regulation, Laurel S. Terry Dec 2018

International Developments And Their Impact On U.S. Lawyer Regulation, Laurel S. Terry

Laurel S. Terry

This 8-page document was the CLE Handout for my Akron Law School Miller Becker Center for Professional Responsibility Lecture entitled "International Developments, International Developments, and their Impact on U.S. Legal Ethics and Lawyer Regulation."  It uses the "who-what-when-where-why-and-how" framework that Steve Mark, Tahlia Gordon and I used in our 2012 article entitled Trends and Challenges in Lawyer Regulation: The Impact of Globalization and Technology (and that I later used in ICLR, NOBC, and AALS handouts).  This updated version cites developments through March 2019.  Each of the “who-what-when-where-why-and-how” to regulate categories contains a section describing global developments, followed by one or …


Anti-Money Laundering (Aml) Legal Profession Related Resources (Updated March 2019), Laurel S. Terry Dec 2018

Anti-Money Laundering (Aml) Legal Profession Related Resources (Updated March 2019), Laurel S. Terry

Laurel S. Terry

This document is a bibliography of resources related to anti-money laundering (AML) initiatives related to lawyers and the legal profession.  This document is an updated version of the document that originally was prepared for the panel on Lawyers and Anti-Money Laundering and Terrorist Finance Initiatives at the Nov. 2018, APRL/LSEW Conference entitled Crisscrossing the Pond: Transatlantic Issues in Legal Ethics and Law Firm Regulation.

This Resources document contains links to U.S., U.K, EU, Canadian, and Australian legal profession-AML resources, as well as links to FATF webpages and documents that include the FATF Mutual Evaluations page, the 2008 and 2019 …


Developing Workplace Law Programming: A Labor Of Love, Michael Z. Green Oct 2018

Developing Workplace Law Programming: A Labor Of Love, Michael Z. Green

Michael Z. Green

Professor Green reflects and comments on his work in developing workplace law programming as a key component of the annual SEALS program.


Looking Down The Road Less Traveled: Challenges To Persuading The Legal Profession To Define Problems More Humanistically, Nancy A. Welsh Jul 2018

Looking Down The Road Less Traveled: Challenges To Persuading The Legal Profession To Define Problems More Humanistically, Nancy A. Welsh

Nancy Welsh

This essay will focus on three factors that may help to explain why it seems to be so difficult for many lawyers to escape the confines of a narrow, legalistic framing of issues-or more poetically, why they may be predisposed against looking down "the road less traveled by." These factors should be taken into account as challenges to the widespread adoption of innovative, more humanistic approaches to lawyering. First, the essay will turn to research regarding the psyches and psychological needs of the people who choose to attend law school and become lawyers. Second, the essay will consider what is …


Lawyer And Law Student Well-Being, Filippa M. Anzalone Jun 2018

Lawyer And Law Student Well-Being, Filippa M. Anzalone

Filippa Marullo Anzalone

No abstract provided.


A Man In Full (A Tribute Remembering Professor David Bederman), Robert B. Ahdieh Jun 2018

A Man In Full (A Tribute Remembering Professor David Bederman), Robert B. Ahdieh

Robert B. Ahdieh

Robert B. Ahdieh provides a tribute remembering Professor David Bederman as a colleague and friend.


Incubating Community Law Practices: Post-Graduate Models For Lawyer Training & Access To Law, Luz E. Herrera Jun 2018

Incubating Community Law Practices: Post-Graduate Models For Lawyer Training & Access To Law, Luz E. Herrera

Luz Herrera

While the greatest number of lawyers practice in solo and small firms, law schools do not devote sufficient resources to preparing law students for the opportunities and challenges that these types of law firms present. The recent economic recession has highlighted the need to better train lawyers to launch law practices right out of law school. However, experienced lawyers, law professors and state bar policy makers worry that individuals who start their own practices are not sufficiently trained to practice and could irreparably harm a client. Many new lawyers share that concern but also worry about the financial instability that …


How Lawyers (Come To) See The World: A Narrative Theory Of Legal Pedagogy, Randy D. Gordon Jun 2018

How Lawyers (Come To) See The World: A Narrative Theory Of Legal Pedagogy, Randy D. Gordon

Randy D. Gordon

Even if one believes that law is not an autonomous discipline, few would dispute that it is a conservative institution and that its members are trained via a pedagogical method quite different from that of other professions. A central aspect of this training is the case method and — thus — the specialized narrative form that appellate opinions take. This essay examines the case method and suggests ways to crack it open — without discarding it — and thereby achieve one of the goals set forth in the Carnegie Report: namely, to supplement the analytical, rule-based mode of reasoning inherent …


Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge Jun 2018

Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge

Mark Edwin Burge

In the Harry Potter world, the magical population lives among the non-magical Muggle population, but we Muggles are largely unaware of them. This secrecy is by elaborate design and is necessitated by centuries-old hostility to wizards by the non-magical majority. The reasons behind this hostility, when combined with the similarities between Harry Potter-stylemagic and American law, make Rowling’s novels into a cautionary tale for the legal profession that it not treat law as a magic unknowable to non-lawyers. Comprehensibility — as a self-contained, normative value in the enactment interpretation, and practice of law — is given short-shrift by the legal …


Professionalism And Ethics Section Takes Its Turn, Jodi Nafzger Mar 2018

Professionalism And Ethics Section Takes Its Turn, Jodi Nafzger

Jodi Nafzger

Membership in [the Professionalism and Ethics Section of the Idaho State Bar] provides Idaho attorneys an opportunity to work closely with colleagues who share a vision for a profession that embodies personal courtesy and professional and ethical integrity. We are fortunate to practice law in a state that values this vision, and we invite you to attend our CLEs [Continuing Legal Education] and join our membership. [excerpt]


Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt , Amanda L. Kool, Lauren Sudeall Lucas, Michele Statz, Danielle M. Conway, Hannah Haksgaard Dec 2017

Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt , Amanda L. Kool, Lauren Sudeall Lucas, Michele Statz, Danielle M. Conway, Hannah Haksgaard

Lisa R Pruitt

Rural America faces an increasingly dire access-to-justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of that crisis is the dearth of information and research regarding the extent of the problem and its impacts. This article begins to fill that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, the article …


Dickinson Law's Contexts & Competencies Course: A "One-Pager" For Nalp, Laurel S. Terry Dec 2017

Dickinson Law's Contexts & Competencies Course: A "One-Pager" For Nalp, Laurel S. Terry

Laurel S. Terry

This one-page handout was distributed at the NALP (National Association of Law Placement) 2018 Annual Education Conference. This Handout supplemented the slides about Penn State Dickinson Law's required first year course called "Practicing Law in a Global World: Contexts & Competencies" that were part of 2018 NALP education session entitled "Preparing Students to Practice: Cutting Edge Professional Development Curriculums." (The program was moderated by Kate McBride from Notre Dame; speakers included Elisabeth Beal, Assistant Dean, Office of Career Services from William & Mary Law School; Amy Hancock, former Director of Professional Development at Andrews Kurth LLP; and Allison Regan, Assistant …


Institutional Triage: Reflections On Being Acquired, Aric K. Short Oct 2017

Institutional Triage: Reflections On Being Acquired, Aric K. Short

Aric Short

On June 25, 2012, I walked into the dean's office at Texas Wesleyan University School of Law. He and I had been summoned by our university president to a hastily called meeting to discuss the law school's "academic program." Since I helped oversee our academic program as Associate Dean for Academic Affairs at the time, I was not particularly looking forward to the meeting. I assumed there would be bad news of some sort. Instead, we were told that Texas Wesleyan University ("TWU") and Texas A&M University ("TAMU") were in negotiations that, it was expected, would result in a "strategic …


Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose, Timothy W. Floyd, Kendall L. Kerew Aug 2017

Marking The Path From Law Student To Lawyer: Using Field Placement Courses To Facilitate The Deliberate Exploration Of Professional Identity And Purpose, Timothy W. Floyd, Kendall L. Kerew

Kendall L. Kerew

No abstract provided.


The Path To Lawyer Well-Being: Practical Recommendations For Positive Change (The Report Of The National Task Force On Lawyer Well-Being), Part Ii, Recommendations For Law Schools, David Jaffe Jul 2017

The Path To Lawyer Well-Being: Practical Recommendations For Positive Change (The Report Of The National Task Force On Lawyer Well-Being), Part Ii, Recommendations For Law Schools, David Jaffe

David Jaffe

This Report, the result of the contributions of a number of individuals from national committees, presents recommendations for the health and well-being of law students, lawyers and judges in the United States. David Jaffe was lead author for the section on law schools. More information is available here: https://www.americanbar.org/groups/lawyer_assistance/task_force_report.html


Legal Education As A Strategy For Change In The Legal Profession, Mary Jane Mossman Jul 2017

Legal Education As A Strategy For Change In The Legal Profession, Mary Jane Mossman

Mary Jane Mossman

No abstract provided.


Our Institutional Commitment To Teach About The Legal Profession, Ann Southworth, Catherine L. Fisk May 2017

Our Institutional Commitment To Teach About The Legal Profession, Ann Southworth, Catherine L. Fisk

Catherine Fisk

No abstract provided.


Communication Conundrums: Theories About And Tips For Effective Decanal Communication, 48 U. Tol. L. Rev. 211 (2017), Darby Dickerson, Marjorie Buckner May 2017

Communication Conundrums: Theories About And Tips For Effective Decanal Communication, 48 U. Tol. L. Rev. 211 (2017), Darby Dickerson, Marjorie Buckner

Darby Dickerson

Clear and effective communication is essential for any organization, including a law school, to operate effectively. But communication is often one of the trickiest skills a law dean must seek to master. Once a person adds “Dean” to the front of his or her name, communication norms change. A dean must be sensitive to power structures—whether real or perceived— that exist within the law school. A dean also must be vigilant about how she communicates with others, and how others communicate on her behalf. And she must understand that people will communicate differently with her than with others in the …


Towards Engaged Scholarship, John R. Nolon, Michelle Bryan Mudd, Michael Burger, Kim Diana Connolly, Nestor Davidson, Matthew Festa, Jill I. Gross, Lisa Heinzerling, Keith Hirokawa, Tim Iglesias, Patrick C. Mcginley, Sean Nolon, Uma Outka, Jessica Owley, Kalyani Robbins, Jonathan Rosenbloom, Christopher Serkin Jan 2017

Towards Engaged Scholarship, John R. Nolon, Michelle Bryan Mudd, Michael Burger, Kim Diana Connolly, Nestor Davidson, Matthew Festa, Jill I. Gross, Lisa Heinzerling, Keith Hirokawa, Tim Iglesias, Patrick C. Mcginley, Sean Nolon, Uma Outka, Jessica Owley, Kalyani Robbins, Jonathan Rosenbloom, Christopher Serkin

Christopher Serkin

The presenting question for the 2012 Symposium was how can engaged scholarship enhance teaching to prepare students for the legal profession and help to solve the critical problems of the day.12 The event employed a format designed to discover new ways of thinking about engaged scholarship. Each participant was asked to draft and submit in advance brief reflections on this question. At the Symposium, each professor attended seven breakout sessions held throughout the day. At each of these sessions, one participant presented to a small group of professors for ten minutes on her reflections, pinpointing issues, challenges, and themes involved …


In Re Moot Court, 29 Stetson L. Rev. 1217 (2000), Darby Dickerson Jan 2017

In Re Moot Court, 29 Stetson L. Rev. 1217 (2000), Darby Dickerson

Darby Dickerson

No abstract provided.


Cyberbullies On Campus, 37 U. Tol. L. Rev. 51 (2005), Darby Dickerson Jan 2017

Cyberbullies On Campus, 37 U. Tol. L. Rev. 51 (2005), Darby Dickerson

Darby Dickerson

My goals in this article are to introduce the law school community to the problem of cyberbullies, and to alert deans, administrators, and professors to the risks associated with this form of bullying-so that the problem can be acknowledged and addressed, and so that we may all learn and work in as safe an environment as possible.


Staff Matter(S), 35 U. Tol. L. Rev. 199 (2003), Darby Dickerson Jan 2017

Staff Matter(S), 35 U. Tol. L. Rev. 199 (2003), Darby Dickerson

Darby Dickerson

No abstract provided.


Staff Matter(S), 36 U. Tol. L. Rev. 47 (2004), Darby Dickerson Jan 2017

Staff Matter(S), 36 U. Tol. L. Rev. 47 (2004), Darby Dickerson

Darby Dickerson

No abstract provided.


Professor Dumbledore's Advice For Law Deans, 39 U. Tol. L. Rev. 269 (2008), Darby Dickerson Jan 2017

Professor Dumbledore's Advice For Law Deans, 39 U. Tol. L. Rev. 269 (2008), Darby Dickerson

Darby Dickerson

No abstract provided.


Assessing Academic Law Libraries' Performance And Implementing Change: The Reorganization Of A Law Library, Linda Kawaguchi Dec 2016

Assessing Academic Law Libraries' Performance And Implementing Change: The Reorganization Of A Law Library, Linda Kawaguchi

Linda Kawaguchi

The confluence of the crisis in legal education and the evolution of legal information presents the perfect opportunity for law schools to actively decide what the role of the law library should be, and to make considered, deliberate changes based on the best interests of the institution. The Dale E. Fowler School of Law at Chapman University recognized the opportunity to strengthen the institution by creating, essentially, a brand new law library. When I started at Chapman, I began a comprehensive assessment of law library operations; after six months, I recommended a complete reorganization, including the budget, collection, staff, and …