Open Access. Powered by Scholars. Published by Universities.®

Legal Profession Commons

Open Access. Powered by Scholars. Published by Universities.®

2016

Discipline
Institution
Keyword
Publication
Publication Type

Articles 31 - 60 of 389

Full-Text Articles in Legal Profession

Postdoc Payback: A Call For Reform Comments, Peter A. Hecker Nov 2016

Postdoc Payback: A Call For Reform Comments, Peter A. Hecker

Brigham Young University Journal of Public Law

No abstract provided.


A Tribute To The Honorable Lynn A. Battaglia, Mary Ellen Barbera, Andrea Leahy, Thomas E. Lynch Iii, William L. Reynolds Nov 2016

A Tribute To The Honorable Lynn A. Battaglia, Mary Ellen Barbera, Andrea Leahy, Thomas E. Lynch Iii, William L. Reynolds

Maryland Law Review

No abstract provided.


A Tribute To The Honorable Glenn T. Harrell, Jr., Mary Ellen Barbera, James A. Kenney Iii, Steven I. Platt, Robert A. Zarnoch Nov 2016

A Tribute To The Honorable Glenn T. Harrell, Jr., Mary Ellen Barbera, James A. Kenney Iii, Steven I. Platt, Robert A. Zarnoch

Maryland Law Review

No abstract provided.


Trending @ Rwu Law: Linda Tappa's Post: An Amazing Summer: Public Interest Law In Texas 11/01/2016, Linda Tappa Nov 2016

Trending @ Rwu Law: Linda Tappa's Post: An Amazing Summer: Public Interest Law In Texas 11/01/2016, Linda Tappa

Law School Blogs

No abstract provided.


Vol. 51, No. 10 (October 31, 2016) Oct 2016

Vol. 51, No. 10 (October 31, 2016)

Indiana Law Annotated

No abstract provided.


Limited License Legal Technicians: Non-Lawyers Get Access To The Legal Profession, But Clients Won’T Get Access To Justice, Julian Aprile Oct 2016

Limited License Legal Technicians: Non-Lawyers Get Access To The Legal Profession, But Clients Won’T Get Access To Justice, Julian Aprile

Seattle University Law Review

Washington Limited License Legal Technicians (LLLTs) are non-lawyers who will supposedly help to close “the wide and ever-growing gap in necessary legal and law related services for low and moderate income persons.” However, LLLTs will not close the access to justice gap because “[t]here are no protections . . . to ensure that legal technicians will actually provide services to the poor, as opposed to selling their services to those who can most afford them,” and LLLTs are “not going to have the competency to actually do for the poor what needs to be done.”

Additionally, the modifications of the …


Vol. 51, No. 09 (October 24, 2016) Oct 2016

Vol. 51, No. 09 (October 24, 2016)

Indiana Law Annotated

No abstract provided.


Trending @ Rwu Law: Dean Yelnosky's Post: "Getting Proximate": October 22, 2016, Michael Yelnosky Oct 2016

Trending @ Rwu Law: Dean Yelnosky's Post: "Getting Proximate": October 22, 2016, Michael Yelnosky

Law School Blogs

No abstract provided.


Using Grit And Growth Mindset To Foster Resilience And Professionalism In Law Students And Attorneys, Carolyn Broering-Jacobs Oct 2016

Using Grit And Growth Mindset To Foster Resilience And Professionalism In Law Students And Attorneys, Carolyn Broering-Jacobs

Law Faculty Presentations and Testimony

The presentation introduced current research showing correlation between grit, growth mindset, and success in varied disciplines, then suggested several means for improving grit. Attendees discussed several problems that a young lawyer might experience and considered how grit and growth mindset might affect the lawyer's response to the problem.


Newsroom: The Legal Impact Of Marine Debris 10-21-2016, Roger Williams University School Of Law Oct 2016

Newsroom: The Legal Impact Of Marine Debris 10-21-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Vol. 51, No. 08 (October 17, 2016) Oct 2016

Vol. 51, No. 08 (October 17, 2016)

Indiana Law Annotated

No abstract provided.


Creating Assessment Tools For Students, Adjuncts, And Site Supervisors, Carolyn Broering-Jacobs, Carole O. Heyward Oct 2016

Creating Assessment Tools For Students, Adjuncts, And Site Supervisors, Carolyn Broering-Jacobs, Carole O. Heyward

Law Faculty Presentations and Testimony

During this workshop, we plan to explore how clinicians can assess student performance at project, course, and program levels using self-evaluation, peer evaluation, and faculty evaluation (focusing on clinical adjuncts and site supervisors).


Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes: Bigger And Better Than Ever: October 12, 2016, Brittani Mulholland Oct 2016

Trending @ Rwu Law: Brittani Mulholland's Post: Women In Robes: Bigger And Better Than Ever: October 12, 2016, Brittani Mulholland

Law School Blogs

No abstract provided.


Bargaining In The Shadow Of Big Data, Dru Stevenson, Nicholas J. Wagoner Oct 2016

Bargaining In The Shadow Of Big Data, Dru Stevenson, Nicholas J. Wagoner

Florida Law Review

Attorney bargaining has traditionally taken place in the shadow of trial as litigants adjust tactics—and their inclination to negotiate a settlement—based on their forecast of the outcome of a trial and its associated costs. Lawyers bargaining on the verge of trial have traditionally relied on their intuition, knowledge of precedent, and previous interactions with the presiding judge and opposing counsel to forecast trial outcomes and litigation costs. Today, however, technology that leverages legal data is moving the practice of law into the shadow of the trends and patterns apparent in aggregated litigation data. This Article describes the tools that facilitate …


Trending @ Rwu Law: Jillian Jagling '09'S Post: Celebrating The Annual Alumni Weekend: October 6, 2016, Jillian Jagling Oct 2016

Trending @ Rwu Law: Jillian Jagling '09'S Post: Celebrating The Annual Alumni Weekend: October 6, 2016, Jillian Jagling

Law School Blogs

No abstract provided.


Vol. 51, No. 07 (October 3, 2016) Oct 2016

Vol. 51, No. 07 (October 3, 2016)

Indiana Law Annotated

No abstract provided.


Volume 40, Issue 2 (Fall 2016) Oct 2016

Volume 40, Issue 2 (Fall 2016)

Transcript

No abstract provided.


Honoring Dan Meltzer, Bradford R. Clark Oct 2016

Honoring Dan Meltzer, Bradford R. Clark

Notre Dame Law Review

Dan Meltzer was a giant in the field of Federal Courts, and it is hard to overstate his influence on its development. He taught Federal Courts at Harvard Law School and was a long-time co-author of Hart & Wechsler’s The Federal Courts and the Federal System (“Hart & Wechsler ”), the casebook that created the field and shaped how generations of judges, lawyers, and scholars think about complex questions of federal jurisdiction. In addition, Dan enriched the field immeasurably by writing seminal articles on a wide range of Federal Courts topics. His work was characterized by deep knowledge of the …


Nebraska Transcript (University Of Nebraska College Of Law), Volume 49, Number 2, Fall 2016 Oct 2016

Nebraska Transcript (University Of Nebraska College Of Law), Volume 49, Number 2, Fall 2016

Nebraska Transcript

3 Dean’s Message

4 Faculty Notes: Jack M. Beard, Kristen M. Blankley, Eve M. Brank, Richard F. Duncan, Eric Berger, Justin (Gus) Hurwitz, Richard A. Leiter, Brian D. Lepard, Colleen E. Medill, Richard E. Moberly, Sandra B. Placzek, Stefanie S. Pearlman, Harvey S. Perlman, Matthew P. Schaefer, Anthony B. Schutz, Brett C. Stohs, Ryan P. Sullivan, Jessica A. Shoemaker, Adam Thimmesch, Frans G. von der Dunk

9 Professor Kristen Blankley receives tenure

10 Blankley - A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act

12 ‘Smile that it happened:’ The Larry Berger era— By Professor Steve Willborn …


Am I My Client? Revisited: The Role Of Race In Intra-Race Legal Representation, Julie D. Lawton Oct 2016

Am I My Client? Revisited: The Role Of Race In Intra-Race Legal Representation, Julie D. Lawton

Michigan Journal of Race and Law

This Article examines the challenges of intra-race legal representation for lawyers of color, law students of color, and those teaching law students of color by analyzing how the dynamics of the lawyer’s and client’s racial sameness impact legal representation. This Article brings together three strands of lawyering theory – the role of race in lawyering, critical race theory, and the role of the lawyer in intra-race legal representation. In doing so, this Article explores a number of provocative questions: Does being the same race as their clients make lawyers better legal representatives? Should lawyers of color embrace or resist race’s …


Moral Courage In Indigent Defense, Tigran W. Eldred Oct 2016

Moral Courage In Indigent Defense, Tigran W. Eldred

Faculty Scholarship

In this essay, I take a different perspective, one that focuses on why people are able to act ethically despite pressures to do otherwise. Social science has convincingly demonstrated that the power of the situation can exert significant influence over individual behavior, thus undermining the claim that only “bad” people engage in unethical conduct.4 Yet, we know that there are individual differences to how people respond to ethical dilemmas, which raises a core question: why do some individuals act more ethically than others, even in similar situations?

To explore this question, I focus on a familiar domain from my …


October 2016 Magazine Oct 2016

October 2016 Magazine

Ergo

No abstract provided.


The House Edge: On Gambling And Professional Discipline, Stacey A. Tovino Oct 2016

The House Edge: On Gambling And Professional Discipline, Stacey A. Tovino

Washington Law Review

On March 26, 2014, the Iowa Supreme Court revoked the license to practice law of Cedar Rapids attorney Susan Hense. Admitted to the Iowa Bar in 1996, Hense subsequently misappropriated $837,000 in client trust funds to feed her addiction to casino gambling. This Article assesses how attorneys like Hense who are addicted to gambling are treated in professional disciplinary actions, including license suspension, revocation, and reinstatement proceedings. Themes that emerge include public misunderstanding of gambling disorder, stigma against individuals with gambling disorder, statutory recognition of substance addictions but not behavioral addictions, and mandatory attendance at religion-based fellowship meetings as a …


The Legal Research Plan And The Research Log: An Examination Of The Role Of The Research Plan And Research Log In The Research Process, Caroline L. Osborne Oct 2016

The Legal Research Plan And The Research Log: An Examination Of The Role Of The Research Plan And Research Log In The Research Process, Caroline L. Osborne

Law Faculty Scholarship

This paper reviews the current status of the concept of the legal research plan. It summarizes the basic elements of the legal research plan, reviews the current literature and recommends a design of a plan for use in first year legal research programs and by novice researchers. Also, it considers the use of the research log in the research process.


Client As Subject: Humanizing The Legal Curriculum, Eduardo R.C. Capulong Oct 2016

Client As Subject: Humanizing The Legal Curriculum, Eduardo R.C. Capulong

Faculty Law Review Articles

In this essay, I suggest that we create a distinct field of academic inquiry: clients, in particular subordinated clients. Rising to Professor L ´ opez’s challenge, I propose that we organize the disparate strands of practice and scholarship in this area and develop a theoretical framework by which to study them.4 I attempt a modest step in that direction here. After summarizing the current conception and treatment of clients in the legal curriculum, I harness and reconceive various strands of literature and weave them into one curricular model for client studies. We are well-familiar with the ways in which most …


Human Capital Discrimination, Law Firm Inequality, And The Limits Of Title Vii, Kevin Woodson Oct 2016

Human Capital Discrimination, Law Firm Inequality, And The Limits Of Title Vii, Kevin Woodson

Cardozo Law Review

This Article advances the legal scholarship on workplace inequality through use of evidence derived from interviews of a sample of black attorneys who have worked in large, predominantly white law firms. It does so by calling attention to the manner in which these firms operate as sites of human capital discrimination-patterns of mistreatment that deprive many black associates of access to the substantive work opportunities crucial to their professional development and career advancement. This Article identifies the specific arrangements and practices within these firms that facilitate human capital discrimination and describes the varied, often subtle harms and burdens that they …


American Bar Association Resolution 112: Championing Public Access To The Law., Nina A. Mendelson Oct 2016

American Bar Association Resolution 112: Championing Public Access To The Law., Nina A. Mendelson

Articles

In August 2016, the American Bar Association House of Delegates reaffirmed the fundamental democratic principle of public access to the law. ABA Resolution 112 calls on Congress to enact legislation ensuring a basic level of public access, without charge, to all regulatory law. Such legislation would address serious current obstacles to the public’s ability to see the law.


Infrequently Asked Questions, Edward T. Swaine Oct 2016

Infrequently Asked Questions, Edward T. Swaine

The Journal of Appellate Practice and Process

If appellate advocates could hear from courts about topics that might be raised during oral argument—as opposed to relying solely on their ability to anticipate the issues—might their answers be better? That seems likely, but it is unlikely that research could confirm that, as judicial practice overwhelmingly favors impromptu questioning. Spontaneity may be harmless if the question was predictable, or unavoidable if a judge just thought of the question. But sometimes advocates have to answer challenging questions concerning the law, facts, or implications of a position—questions that help decide the case, either due to the quality of the answer or …


Inward Bound: An Exploration Of Character Development In Law School, Heather D. Baum Oct 2016

Inward Bound: An Exploration Of Character Development In Law School, Heather D. Baum

University of Arkansas at Little Rock Law Review

No abstract provided.


Establishing Best Billing Practices Through Billing Guidelines: Fostering Trust And Transparency On Legal Costs, Laura Johnson, Howard Tollin, Marci Waterman, Sarah Mills-Dirlam Oct 2016

Establishing Best Billing Practices Through Billing Guidelines: Fostering Trust And Transparency On Legal Costs, Laura Johnson, Howard Tollin, Marci Waterman, Sarah Mills-Dirlam

University of Arkansas at Little Rock Law Review

No abstract provided.