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2013

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Articles 61 - 90 of 328

Full-Text Articles in Legal Profession

Chinese Women In Legal Education, Xiaonan Liu Jul 2013

Chinese Women In Legal Education, Xiaonan Liu

Indiana Journal of Global Legal Studies

This paper examines the history and development of women entering legal education in China. Based on a survey, interviews, and archival research, this paper attempts to analyze Chinese women's current status in legal education and reaches the conclusion that although women have made significant gains in legal education, they are still facing gender discrimination and bias in the legal sector. The paper also looks into the reasons why women have in the past belonged to "the other" in the legal area, and whether there is any conflict between legal characteristics" and "feminine characteristics." It attempts to break the constraint caused …


Towards Engaged Scholarship, Jessica Owley, John R. Nolon, Keith Hirokawa, Sean Nolon Jul 2013

Towards Engaged Scholarship, Jessica Owley, John R. Nolon, Keith Hirokawa, Sean Nolon

Articles

No abstract provided.


Religiously Devout Judges: A Decision-Making Framework For Judicial Disqualification, Michelle L. Jones Jul 2013

Religiously Devout Judges: A Decision-Making Framework For Judicial Disqualification, Michelle L. Jones

Indiana Law Journal

No abstract provided.


Leaving Private Practice: How Organizational Context, Time Pressures, And Structural Inflexibilities Shape Departures From Private Law Practice, Fiona M. Kay, Stacey Alarie, Jones Adjei Jul 2013

Leaving Private Practice: How Organizational Context, Time Pressures, And Structural Inflexibilities Shape Departures From Private Law Practice, Fiona M. Kay, Stacey Alarie, Jones Adjei

Indiana Journal of Global Legal Studies

Numerous studies document women's overrepresentation among those leaving the profession of law. Although research has documented high turnover among women lawyers, particularly from private practice, only a handful of studies have explored the factors precipitating the decision to leave. The main causal factors identified to date include difficulties associated with combining family life and law practice and problems of discrimination and blocked career advancement. In this paper, we analyze data from a longitudinal study of nearly 1,600 Canadian lawyers, surveyed across a twenty-year period. Using survival models to estimate the timing of transitions out of private practice, we examine factors …


Thinking About Technology - Lawyers Can’T Be Luddites Anymore: Do Law Librarians Have A Role In Helping Lawyers Adjust To The New Ethics Rules Involving Technology, Darla Jackson Jul 2013

Thinking About Technology - Lawyers Can’T Be Luddites Anymore: Do Law Librarians Have A Role In Helping Lawyers Adjust To The New Ethics Rules Involving Technology, Darla Jackson

Other Faculty Publications

It is understood and well documented that technology affects almost every aspect of the practice of law. In August 2012 the American Bar Association (ABA) House of Delegates, recognizing the influence of technology, voted to amend the ABA Model Rules of Professional Conduct. Legal professionals have begun to comment on how such changes may affect lawyers in every area and size of practice. Although many lawyers have expressed the sentiment that they did not become lawyers to learn about technology, the changes to the standards of professional conduct will necessitate that attorneys have some basic technological competence. Those attorneys desiring …


Clark Kerr And Me: The Future Of The Public Law School, Rachel F. Moran Jul 2013

Clark Kerr And Me: The Future Of The Public Law School, Rachel F. Moran

Faculty Scholarship

Clark Kerr has long enjoyed an iconic status among leaders in public higher education. The former president of the University of California left a lasting impression on the academic world with his Godkin Lectures on the future of colleges and universities delivered at Harvard in 1963. He spoke at a moment when public higher education, and indeed higher education more generally, had been enjoying a renaissance of energy and vision. After World War II, veterans returned and reinvigorated the student body with the support of the GI Bill, and state legislatures generously funded public institutions to keep tuition low so …


The Learned-Helpless Lawyer: Clinical Legal Education And Therapeutic Jurisprudence As Antidotes To Bartleby Syndrome, Amy D. Ronner Jun 2013

The Learned-Helpless Lawyer: Clinical Legal Education And Therapeutic Jurisprudence As Antidotes To Bartleby Syndrome, Amy D. Ronner

Touro Law Review

No abstract provided.


Iu Maurer Announces Extension Of Search For New Dean, Marilyn Odendahl Jun 2013

Iu Maurer Announces Extension Of Search For New Dean, Marilyn Odendahl

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.


Access To Justice And Technology Clinics: A 4% Solution, Ronald W. Staudt, Andrew P. Medeiros Jun 2013

Access To Justice And Technology Clinics: A 4% Solution, Ronald W. Staudt, Andrew P. Medeiros

Chicago-Kent Law Review

This article argues that law schools should add Access to Justice and Technology Clinics: a new type of clinical course that teaches law students how to use and deploy technology to assist law practice. If widely adopted, these clinics will help law students learn core competencies needed in an increasingly technological profession while simultaneously building tools and content to help low income, self-represented litigants overcome serious barriers in their pursuit of justice. In our prototype course at Chicago-Kent, Justice and Technology Practicum, students use A2J Author to build A2J Guided Interviews and in the process students learn legal research, writing …


Thinking Like A Lawyer, Designing Like An Architect: Preparing Students For The 21st Century Practice, Tanina Rostain, Roger Skalbeck, Kevin G. Mulcahy Jun 2013

Thinking Like A Lawyer, Designing Like An Architect: Preparing Students For The 21st Century Practice, Tanina Rostain, Roger Skalbeck, Kevin G. Mulcahy

Chicago-Kent Law Review

Various law schools—Chicago-Kent Law School, New York Law School, Vermont Law School, and Georgetown Law Center among them—are beginning to offer innovative classes in which students learn to build legal expert systems intended to enhance access to the legal system. Working in platforms that do not require technical expertise, students are able to build apps that incorporate rules-based logic, factor balancing, and mathematical operations to implement the reasoning of a regulatory regime. In this essay, we suggest that teaching students to design apps furthers pedagogic goals associated with the traditional law school curriculum and clinical teaching. In designing legal expert …


The Teaching Of Law Practice Management And Technology In Law Schools: A New Paradigm, Richard S. Granat, Stephanie Kimbro Jun 2013

The Teaching Of Law Practice Management And Technology In Law Schools: A New Paradigm, Richard S. Granat, Stephanie Kimbro

Chicago-Kent Law Review

The teaching of law practice management in law schools is becoming more critical for our profession. Employment with a traditional law firm used to provide the training and mentorship necessary to practice law. As a result of fewer employment prospects with traditional law firms, law students are now faced with the prospect of entering into law practice without this critical training and knowledge base soon after they become members of the bar.

Additionally, the Internet and information technology is transforming the practice of law and, as a result, the management of law firms is also being transformed. Lawyers must understand …


Developing An E-Curriculum: Reflections On The Future Of Legal Education And On The Importance Of Digital Expertise, Oliver Goodenough Jun 2013

Developing An E-Curriculum: Reflections On The Future Of Legal Education And On The Importance Of Digital Expertise, Oliver Goodenough

Chicago-Kent Law Review

Legal education is in the midst of significant change, where much of how and what we have taught is under scrutiny. As we reform our curriculums in this moment of change, we should be guided by considerations of value added, values added, economic sustainability. It is no longer enough for our programs to target bar passage, doctrinal coverage, a shared language of argument, and skills and perspectives, important as these may be. Practice in the foreseeable future requires us to add new knowledge and competencies. Law and technology is an area that is ripe for expansion, with the possibility of …


Law Schools As Knowledge Centers In The Digital Age, Vern R. Walker, A.J. Durwin, Philip H. Hwang, Keith Langlais, Mycroft Boyd Jun 2013

Law Schools As Knowledge Centers In The Digital Age, Vern R. Walker, A.J. Durwin, Philip H. Hwang, Keith Langlais, Mycroft Boyd

Chicago-Kent Law Review

This article explores what it would mean for law schools to be “knowledge centers” in the digital age, and to have this as a central mission. It describes the activities of legal knowledge centers as: (1) focusing on solving real legal problems in society outside of the academy; (2) evaluating the problem-solving effectiveness of the legal knowledge being developed; (3) re-conceptualizing the structures used to represent legal knowledge, the processes through which legal knowledge is created, and the methods used to apply that knowledge; and (4) disseminating legal knowledge in ways that assist its implementation. The Article uses as extended …


Gaming The System: Approaching 100% Access To Legal Services Through Online Games, William E. Hornsby Jr. Jun 2013

Gaming The System: Approaching 100% Access To Legal Services Through Online Games, William E. Hornsby Jr.

Chicago-Kent Law Review

By all measures, the American Legal System falls short of providing access to justice for all. Legal needs studies show that people often do not recognize when they have a problem for which there is a legal solution and therefore do not seek out lawyers or the justice system to provide assistance with their problems. Some assert that the costs of legal services are beyond the means of many people. While that is true for the poor in some areas of law, both the marketplace and specific programs, such as lawyer referral modest means panels, provide affordable legal services for …


Liberty, Justice, And Legal Automata, Marc Lauritsen Jun 2013

Liberty, Justice, And Legal Automata, Marc Lauritsen

Chicago-Kent Law Review

Legal work is increasingly doable by artificial systems built out of software. Providers in both commercial and non-profit contexts are making such systems available for direct use by consumers. Some lawyers and policy makers understandably worry that these developments pose dangers for users and may inappropriately intrude on the prerogatives of the legal profession. This article reviews the extent to which software-based legal assistance systems can or should be suppressed as the unauthorized practice of law in light of constitutional rights of free expression and the social good of access to justice.


If Only We Knew What We Know, Conrad Johnson, Brian Donnelly Jun 2013

If Only We Knew What We Know, Conrad Johnson, Brian Donnelly

Chicago-Kent Law Review

This article contributes to the broader themes surrounding law and technology raised in this symposium by taking a look at lawyering and knowledge management. This topic is presented both as a theory and with a case study. The first part provides a brief summary of the basic lawyering paradigm used in the Lawyering in the Digital Age Clinic at Columbia Law School—that all lawyering activities can be understood within the context of gathering, managing and presenting information. The second category of the paradigm is expanded upon to review the activity of managing knowledge. Then, knowledge management is positioned as the …


Teaching Law And Digital Age Legal Practice With An Ai And Law Seminar, Kevin D. Ashley Jun 2013

Teaching Law And Digital Age Legal Practice With An Ai And Law Seminar, Kevin D. Ashley

Chicago-Kent Law Review

This article provides a guide and examples for using a seminar on Artificial Intelligence (AI) and Law to teach lessons about legal reasoning and about legal practice in the digital age. Artificial Intelligence and Law is a subfield of AI/ computer science research that focuses on computationally modeling legal reasoning. In at least a few law schools, the AI and Law seminar has regularly taught students fundamental issues about law and legal reasoning by focusing them on the problems these issues pose for scientists attempting to computationally model legal reasoning. AI and Law researchers have designed programs to reason with …


From Citizen Suits To Conservation Easements: The Increasing Private Role In Public Permit Enforcement, Jessica Owley Jun 2013

From Citizen Suits To Conservation Easements: The Increasing Private Role In Public Permit Enforcement, Jessica Owley

Articles

The past 40 years have seen an increase in the involvement of private actors in environmental law. One of the best-known (and arguably best-loved) methods for public involvement is the citizen suit. This popular method of public enforcement of environmental permits (among other things) has been joined by the use of conservation easements. Conservation easements are increasingly used to meet permit mitigation requirements. When private nonprofits hold these exacted conservation easements, they assume the role of permit enforcers. It is their job to ensure that conservation easement terms are complied with, giving them oversight and control over one of the …


Legal Ethics Versus Political Practices: The Application Of The Rules Of Professional Conduct To Lawyer-Politicians, Andrew Martin May 2013

Legal Ethics Versus Political Practices: The Application Of The Rules Of Professional Conduct To Lawyer-Politicians, Andrew Martin

Articles, Book Chapters, & Popular Press

Canadian legal ethics has paid little attention to how the rules of professional conduct for lawyers apply to lawyer-politicians – that is, politicians who happen to be lawyers. This article addresses this issue with reference to what Canadian case law and commentary do exist, supplemented by more plentiful American materials. It proposes a distinction between conduct that is politically expedient and conduct in which lawyer-politicians’ duties as lawyers come into apparent conflict with their duties of office. Canadian case law reveals three conflicting approaches to this latter category: that the duties of a lawyer prevail, that the duties of a …


In Memory Of Professor Derrick Bell, Bell Symposium May 2013

In Memory Of Professor Derrick Bell, Bell Symposium

Seattle University Law Review

Derrick Bell—law teacher, mentor, scholar, activist, author, loving husband and father—larger than the sum of his many parts. The articles in this symposium are fitting tributes to his legacy and valuable contributions to Derrick’s memory.


Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner May 2013

Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner

Pepperdine Law Review

No abstract provided.


New Challenges To Investor's Counsel: Legal Risk Analysis And The Work-Out Perspective In Ldc Investment, Allen P.K. Keesee May 2013

New Challenges To Investor's Counsel: Legal Risk Analysis And The Work-Out Perspective In Ldc Investment, Allen P.K. Keesee

Pepperdine Law Review

No abstract provided.


Satisfaction In The Practice Of Law: Findings From A Long-Term Study Of Attorneys' Careers, U. Of Mich. Public Law Research Paper No. 330. (2013), David L. Chambers May 2013

Satisfaction In The Practice Of Law: Findings From A Long-Term Study Of Attorneys' Careers, U. Of Mich. Public Law Research Paper No. 330. (2013), David L. Chambers

Bibliography of Research Using UMLS Alumni Survey Data

For forty years beginning in the late 1960s, the University of Michigan Law School conducted annual surveys of its alumni. The project included fifty successive graduating classes, with all but the most recent classes surveyed more than once. Over thirteen thousand alumni participated. Over the forty years, American legal education and the American legal profession underwent huge changes. When the study began, there were almost no women or minority students at Michigan and very few in the country as a whole. The vast majority of all students and lawyers were white and male. By the end, white men constituted far …


Resistance Is Not Futile: Harnessing The Power Of Counter-Offensive Tactics In Legal Persuasion, Peter Reilly May 2013

Resistance Is Not Futile: Harnessing The Power Of Counter-Offensive Tactics In Legal Persuasion, Peter Reilly

Faculty Scholarship

A core competency for people working in law or business is the ability to influence and persuade: People need to become expert at getting others to agree, to go along, and to give in. The potential “targets” of one’s influence throughout a given workday are seemingly endless and include clients and customers, co-counsel, opposing counsel, supervisors, direct reports, contractors, subcontractors, consultants, secretaries, judges, juries, witnesses, police officers, court personnel, and others. Moreover, that influence is largely exerted through words spoken and behaviors exhibited within the context of a negotiation. And yet, leading academics have argued that the vast majority of …


In Memoriam: Milton Brent Oldham, David J. Agatstein Apr 2013

In Memoriam: Milton Brent Oldham, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Iowa Unemployment Appeals Telephone Hearing Process, Bruce Graham Apr 2013

The Iowa Unemployment Appeals Telephone Hearing Process, Bruce Graham

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Management Of Federal Agency Adjudication, Jeffrey S. Lubbers Apr 2013

Management Of Federal Agency Adjudication, Jeffrey S. Lubbers

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Nine Secrets For Living With Judges , J.P. Vero Apr 2013

Nine Secrets For Living With Judges , J.P. Vero

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Evidence For Administrative Law Judges, Christine Mckenna Moore Apr 2013

Evidence For Administrative Law Judges, Christine Mckenna Moore

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein Apr 2013

Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.