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Articles 1 - 30 of 160
Full-Text Articles in Legal Profession
Book Review Of In The Opinion Of The Court, Laura A. Heymann
Book Review Of In The Opinion Of The Court, Laura A. Heymann
Laura A. Heymann
No abstract provided.
A Call For Strengthening The Role Of Comparative Legal Analysis In The United States, Irene Calboli
A Call For Strengthening The Role Of Comparative Legal Analysis In The United States, Irene Calboli
Irene Calboli
This Essay highlights the importance of comparative legal analysis with particular emphasis on the role that this methodology could play for intellectual property scholarship in the United States. In particular, this Essay suggests that U.S. scholars could consider turning with more frequency to comparative legal analysis as an additional methodology to use in their research. Yet, the objective of this Essay is not to suggest that U.S. scholars should engage in comparative legal analysis in lieu of other types of research methodologies. Instead, this Essay simply supports that comparative legal analysis could play a larger role compared to the one …
Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge
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 …
Keeping Pace With Technology-Driven Profession, Jodi Nafzger
Keeping Pace With Technology-Driven Profession, Jodi Nafzger
Jodi Nafzger
With the increasing use of E-discovery and paperless judicial systems, members of the legal profession must consider new methods for managing the overwhelming volume of information and be competent with the emerging technologies at the center of modern law practice. It is also increasingly clear that law schools must teach the technology of law practice. The ABA Model Rules of Professional Conduct call for law school curriculum which familiarizes aspiring lawyers with important technology tools. With practical skills training in the use of effective technology tools, the next generation of lawyers can bring an enhanced mastery of business and technology …
Ask A Director: Reporting Accomplishments, Caroline L. Osborne
Ask A Director: Reporting Accomplishments, Caroline L. Osborne
Caroline L. Osborne
None available.
Securing Professional Development: Getting To Yes, Caroline L. Osborne, Carol A. Watson, Amy J. Eaton
Securing Professional Development: Getting To Yes, Caroline L. Osborne, Carol A. Watson, Amy J. Eaton
Caroline L. Osborne
None available.
Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow
Moving From A Brandeis Brief To A Brandeis Law Firm: Challenges And Opportunities For Holistic Legal Services In The United States, Judith A. Mcmorrow
Judith A. McMorrow
The need for multidisciplinary approaches to legal services has given rise to increasingly creative service delivery models. The phenomenon is a natural outgrowth of three important ideas that Louis Brandeis developed. First, his work gave rise to the concept of the Brandeis Brief, which in its broader meaning has become a metaphor for the relevance of such social science insights to legal problem-solving. Second, Brandeis introduced the concept of “counsel for the situation” to capture a vision of lawyering that provided a broader identification of the interests involved, again with an orientation on problem-solving. A third idea championed by Brandeis …
Communication Conundrums: Theories About And Tips For Effective Decanal Communication, 48 U. Tol. L. Rev. 211 (2017), Darby Dickerson, Marjorie Buckner
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 …
An Inspired Classroom Or Meeting: Re-Inventing Yourself & Your Approach, Jennifer R. Mart-Rice, Caroline L. Osborne, Alyson Drake, Alexis Fetzer, Franklin L. Runge
An Inspired Classroom Or Meeting: Re-Inventing Yourself & Your Approach, Jennifer R. Mart-Rice, Caroline L. Osborne, Alyson Drake, Alexis Fetzer, Franklin L. Runge
Jennifer Mart-Rice
Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson
Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson
Darby Dickerson
No abstract provided.
Assessing Academic Law Libraries' Performance And Implementing Change: The Reorganization Of A Law Library, Linda Kawaguchi
Assessing Academic Law Libraries' Performance And Implementing Change: The Reorganization Of A Law Library, Linda Kawaguchi
Linda Kawaguchi
Legal Writing, Therapeutic Jurisprudence, And Professionalism, Shelley Kierstead
Legal Writing, Therapeutic Jurisprudence, And Professionalism, Shelley Kierstead
Shelley M. Kierstead
“Professionalism as a personal characteristic is revealed in an attitude and approach to an occupation that is commonly characterized by intelligence, integrity, maturity, and thoughtfulness.” “Words are the principal tool of lawyers and judges, whether we like it or not.” The quotes above refer to two quintessential aspects of lawyers’ work. First, as members of a self-regulated profession, we must aspire to a level of professionalism that is characterized by intelligence, maturity, and thoughtfulness. Second, regardless of the tasks we undertake, words are critically important to lawyers. Not only must we be able to conduct comprehensive and coherent legal analysis; …
The Integrated Law School Curriculum, Adam Lamparello
The Integrated Law School Curriculum, Adam Lamparello
Adam Lamparello
In January 2014, the American Bar Association’s Task Force on the Future of Legal Education stated that “[a]n evolution is taking place in legal practice and legal education needs to evolve with it.” To this end, the Task Force recommended that the law school curriculum “needs to shift still further toward developing the competencies and professionalism required of people who will deliver services to clients.” In fact, the Task Force emphasized that “[a] graduate’s having some set of competencies in the delivery of law and related services, and not just some body of knowledge, is an essential outcome …
Unleashing The Leader In You: Our Aall Leadership Academy Experience, Meg Butler, Trina Holloway
Unleashing The Leader In You: Our Aall Leadership Academy Experience, Meg Butler, Trina Holloway
Margaret Butler
No abstract provided.
For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon
For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon
Pamela Brannon
No abstract provided.
That's Just The Way It Is: Langille On Law, Allan C. Hutchinson
That's Just The Way It Is: Langille On Law, Allan C. Hutchinson
Allan C. Hutchinson
This article is a defence of the sceptical critique of the legitimacy of law and adjudication. It is a direct reply to the arguments of Professor Brian Langille, whose article "Revolution Without Foundation: The Grammar of Scepticism and Law" appeared in Volume 33 of this Journal. In that article, Langille defended the viability of law, legal discourse and legal critique primarily by attacking the claim that scepticism based on the "indeterminacy of language" can be grounded in the philosophy of Ludwig Wittgenstein. Professor Hutchinson concentrates his spirited response on the indeterminacy of language. He contends that law fails to meet …
A Quartet Of Essays On Scholarship, David Barnhizer
A Quartet Of Essays On Scholarship, David Barnhizer
David Barnhizer
Regardless of academic rhetoric, universities are powerful institutional systems that are as doctrinaire and hidebound in their behavior as any other institution whose beneficiaries are seeking to protect vested interests or simply defend that with which they are most familiar and on which their training is based and reputations sustained. This is consistent with Keynes’ conclusion that most university faculty are little more than “academic scribblers” who live their lives content to operate within the safe confines of the ideas and reward system in which they were initially indoctrinated and from which they extract benefits. While the ideal of the …
Law Schools And Learning Outcomes: Developing A Coherent, Cohesive, And Comprehensive Law School Curriculum, Anthony S. Niedwiecki
Law Schools And Learning Outcomes: Developing A Coherent, Cohesive, And Comprehensive Law School Curriculum, Anthony S. Niedwiecki
Anthony S. Niedwiecki
No abstract provided.
Shedding The Uniform: Beyond A "Uniform System Of Citation" To A More Efficient Fit, Susie Salmon
Shedding The Uniform: Beyond A "Uniform System Of Citation" To A More Efficient Fit, Susie Salmon
Susie Salmon
This article brings a fresh perspective to the ongoing conversation about legal citation format: By highlighting the costs that the fetishization of "perfect" citation format imposes on legal education, the legal profession, and our system of justice, this article encourages us to seize the opportunity that technology presents to implement a more just, sane philosophy of legal citation. Tracing the history of legal citation from its origins in Rome, this article thoroughly debunks any notions of one citation manual's inherent superiority as a citation tool and instead suggests a return to first principles: an approach to citation that ensures accuracy, …
Is Our Students Learning - Using Assessments To Measure And Improve Law School Learning And Performance, 15 Barry L. Rev. 73 (2010), Rogelio A. Lasso
Is Our Students Learning - Using Assessments To Measure And Improve Law School Learning And Performance, 15 Barry L. Rev. 73 (2010), Rogelio A. Lasso
Rogelio A. Lasso
No abstract provided.
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Dear Sir/Madam: The Lost Art Of Letter Writing, 19 Perspectives: Teaching Legal Res. & Writing 62 (2010), Maureen Collins
Dear Sir/Madam: The Lost Art Of Letter Writing, 19 Perspectives: Teaching Legal Res. & Writing 62 (2010), Maureen Collins
Maureen B. Collins
No abstract provided.
Toward A New Language Of Legal Drafting, Matthew Roach
Toward A New Language Of Legal Drafting, Matthew Roach
Matthew Roach
Lawyers should write in document markup language just like web developers, digital publishers, scientists, and almost everyone else.
Drafting New York Civil-Litigation Documents: Part Xliii—Motions For Attorney Fees, Gerald Lebovits
Drafting New York Civil-Litigation Documents: Part Xliii—Motions For Attorney Fees, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Toward A Writing-Centered Legal Education, Adam Lamparello
Toward A Writing-Centered Legal Education, Adam Lamparello
Adam Lamparello
The future of legal education should bridge the divide between learning and practicing the law. This requires three things. First, tuition should bear some reasonable relationship to graduates’ employment outcomes. Perhaps Harvard is justified in charging $50,000 in tuition, but a fourth-tier law school is not. Second, no school should resist infusing more practical skills training into the curriculum. This does not mean that law schools should focus on adding clinics and externships to the curriculum. The focus should be on developing critical thinkers and persuasive writers that can solve real-world legal problems. Third, law schools should be transparent about …
Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, 12 Clinical L. Rev. 441 (2006), Steven D. Schwinn, Michael Millemann
Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, 12 Clinical L. Rev. 441 (2006), Steven D. Schwinn, Michael Millemann
Steven D. Schwinn
In this article, the co-authors argue that legal research and writing (LRW) teachers should use actual legal work to generate assignments. They recommend that clinical and LRW teachers work together to design, co-teach, and evaluate such courses. They describe two experimental courses they developed together and co-taught to support and clarify their arguments. They contend that actual legal work motivates students to learn the basic skills of research, analysis and writing, and thus helps to accomplish the primary goals of LRW courses. It also helps students to explore new dimensions of basic skills, including those related to the development and …
Foreword - A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 207 (1992), Michael P. Seng
Foreword - A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 207 (1992), Michael P. Seng
Michael P. Seng
No abstract provided.
Law And The Argumentative Theory, 90 Or. L. Rev. 837 (2012), Timothy P. O'Neill
Law And The Argumentative Theory, 90 Or. L. Rev. 837 (2012), Timothy P. O'Neill
Timothy P. O'Neill
Like many law professors, I have coached my share of moot court teams. As you probably know, in most competitions students either choose or are assigned one side of the case to brief. But for the oral argument segment of the competition, students must argue both sides of the case, “on-brief” and “off-brief,” often in alternate rounds. At the end of a competition, with their heads still swimming with arguments and counterarguments, students will sometimes ask, “OK, so can you tell us which is the correct side?” I always say, “Of course I can. . . . The correct side …
Embracing Diversity Through A Multicultural Approach To Legal Education, 1 Charlotte L. Rev. 223 (2009), Julie M. Spanbauer, Katerina P. Lewinbuk
Embracing Diversity Through A Multicultural Approach To Legal Education, 1 Charlotte L. Rev. 223 (2009), Julie M. Spanbauer, Katerina P. Lewinbuk
Julie M. Spanbauer
No abstract provided.
An Urban Transformation: Oklahoma City University School Of Law Returns To Its Downtown Roots, Lee Peoples
An Urban Transformation: Oklahoma City University School Of Law Returns To Its Downtown Roots, Lee Peoples
Lee Peoples
No abstract provided.