Legal Profession Commons^™

Post-Ferguson Social Engineering: Problem-Solving Justice Or Just Posturing, Mae C. Quinn

Journal Articles

No abstract provided.

Child Welfare Appellate Advocacy, Vivek Sankaran

Book Chapters

The appellate system serves important functions in child welfare cases. It ensures that the relationship between a child and his or her parent is not unjustly terminated. It forces juvenile courts and child welfare agencies to strictly follow statutes, court rules, and agency policies. And it preserves public faith in the system by serving as an independent check to correct mistakes that occur.

But the appellate system is only as good as the advocates who appear before it. This chapter is intended to be a resource for those advocates, both those who have practiced child welfare law for many years …

Representing Parents In Child Welfare Cases, Vivek Sankaran

Book Chapters

A parent's constitutional right to raise his or her child is one of the most venerated liberty interests safeguarded by the Constitution. The law presumes parents to be fit, and it establishes that they do not need to be model parents to retain custody of their children. If the state seeks to interfere with the parent-child relationship, the Constitution mandates: (I) that the state prove parental unfitness, a standard defined by state laws, and (2) that the state follow certain procedures protecting the due process rights of parents. The constitutional framework for child welfare cases is premised upon the belief …

Wait, Wait, Don’T Tell Me: Accountability, Plausible Deniability, Model Rule 1.13, And The Role Of Corporate Counsel In An Age Of Enhanced Monitoring, Irma S. Russell

Faculty Works

No abstract provided.

Gender Bias In The Courtroom: Challenges Confronting Women Litigators And Trial Attorneys, Connie Lee

Student Articles and Papers

This paper examines the gender biases that women trial attorneys and litigators confront in the legal profession. Specifically, this paper analyzes how such biases undermine our legal system by attacking principles of fairness and equity and, consequently, jeopardizing the client's opportunity to be heard and access fair court proceedings.

Law Schools And Learning Outcomes: Developing A Coherent, Cohesive, And Comprehensive Law School Curriculum, 64 Clev. St. L. Rev. 661 (2016), Anthony Niedwiecki

UIC Law Open Access Faculty Scholarship

This Article will detail a process that law schools can use to comply with the ABA Standards requiring schools develop their learning outcomes for the entire institution, academic programs, and courses. At the same time, this process can be used as a roadmap for curricular review and planning. As an example, this Article will use the steps that The John Marshall Law School took to review and change its professional skills curriculum. Part I will outline the accreditation requirements for developing and publishing learning outcomes. Part II of the Article will provide an overview of the process of curricular planning …

The Scrivener's Dilemma In Divorce Mediation: Promulgating Progressive Professional Parameters, Robert K. Collins

Cardozo Journal of Conflict Resolution

This Article starts with an examination of one state's relatively recent contribution to the controversy over divorce mediator drafting, and then tours the nation to illuminate the confusing array of approaches to this issue that have been adopted in different jurisdictions. It then steps back to examine the role that lawyers have traditionally played in assisting or impeding access to justice for divorcing couples, and explores why divorce mediation can now offer a more appropriate approach than classic lawyering to marital reorganization. It concludes with an endorsement of attorneymediators acting as scriveners for their clients, and explores an approach that, …

Memorandum Of The American Bar Association Section Of International Law Working Group On The Implementation Of The Hague Convention On Choice Of Court Agreements, Glenn P. Hendrix

The International Lawyer

No abstract provided.

A New "Prospective" On Advance Waivers Of Conflict In Georgia, Charles G. Spalding Jr.

Georgia Law Review

As law firms and their corporate clients continue to expand into different legal jurisdictions, and since the conflict of one attorney is imputed to the attorney's firm, the potential for conflicts of interest increases. A law firm retained to advise a corporate subsidiary in a minor matter in one state may be disqualified from another, more significant matter in a different jurisdiction if the potential client is adverse to the parent company in the initial representation. Without a method for prospective waiver of conflicts, a law firm's only recourse is seeking the consent of the currently represented client. To avoid …

Bar, Bench, And Civic Culture, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts

South Carolina Law Review

No abstract provided.

Uk Law Notes, 2016, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

A Call To Cultivate The Public Interest: Beyond Pro Bono, Ann Juergens, Diane Galatowitsch

Faculty Scholarship

This essay asserts that incorporation of the public's interests in lawyers' daily work is an essential responsibility of the profession. The Preamble to the Model Rules of Professional Conduct frames this lawyers' duty as that of a "public citizen having special responsibility for the quality of justice." Yet the modem legal profession has reduced "public interest" practice to work that is done for no or almost no fee. The transformation of lawyer from public citizen to servant of mostly private interests has taken place over the last thirty-five years, following the legal profession's embrace of pro bono work by volunteer …

Will It Ever Be 50/50?: Diversity And Gender In The Law Firm And On Corporate Boards, Kathleen Killin

Osgoode Legal Studies Research Paper Series

Today, women account for 50% of graduates from university programs in Canada and abroad. Traditional gender roles are a growing “thing of the past” with women taking on more responsibility and leadership positions within law and business. However, a gap still remains between the sexes in partner track and directorships. This paper explores regulatory bodies, both in law and finance, which have voiced for change and sparked conversation to bridge this gap. As one will find, major successes have occurred in recent years, however a commitment must be maintained in order to continue to advance gender diversity in law and …

Osgoodepd: Twenty Years And Twenty Stories, Osgoode Hall Law School Of York University

Law School Publications

Over the past 20 years, OsgoodePD has been a part of the learning journey for over 50,000 people. With over 1,300 CLE programs and 2,500 LLM degrees awarded, we’ve had professionals from all walks of life and from all over the world grace our classrooms and discussions. We wanted to share more widely some of the incredible diversity in experience and perspective that we get to see on a daily basis.

We asked 20 people who have been a part of OsgoodePD over the past 20 years to give us their perspectives on professional development. We asked them about their …

#Lawyeringpeace: The Role Of Lawyers In Peacebuilding, Paul Williams, Christin Coster

Scholarly Articles in Law Reviews & Journals

Based on the Public International Law & Policy Group’s (“PILPG”) two decades of experience assisting countries and clients in conflict situations, it is clear there are a number of ways for lawyers and international law to promote peacebuilding. This article condenses information shared during the International Law Weekend panel, “International Law and States in Emergency: Responses and Challenges.” The focus of the presentation was how lawyers can and should make a difference in peacebuilding and post-conflict constitution drafting. The world needs more lawyers to “lawyer peace” by assisting countries and clients involved in ongoing conflicts or in peace negotiations. In …

Lawyers Going Bare And Clients Going Blind, Leslie Levin

Faculty Articles and Papers

Many U.S. lawyers "go bare" and represent clients without maintaining malpractice insurance. Efforts to require these lawyers to carry lawyer professional liability (LPL) insurance have mostly foundered, due to bar opposition and concerns about the cost of insurance. As a compromise between protecting the public and protecting lawyers' interests, many states now require lawyers to disclose whether they carry LPL insurance to clients, regulators, or both. This Article draws on survey data from Arizona, Connecticut and New Mexico lawyers that shed light on which lawyers go bare and the reasons why they do so. The Article then looks at states' …

Ranking Law Schools With Lsats, Employment Outcomes, And Law Review Citations, Alfred L. Brophy

Indiana Law Journal

This Article offers an alternative to the much-discussed U.S. News & World Report rankings. Where U.S. News rankings are affected by a wide variety of factors —some of which are criticized as irrelevant to what prospective students care about or should care about—this Article looks to three variables: the median LSAT score of entering students, which seeks to capture the quality of the student body; the percentage of the graduating students who are employed at nine months following graduation at full-time, permanent, JD-required jobs (a separate analysis excludes school-funded positions and solo practitioners from this variable); and the number of …

Representing Children And Youth, Donald N. Duquette, Ann M. Haralambie

Book Chapters

The role of the child's attorney is unique in American jurisprudence and not yet clearly defined by law or tradition. There is an emerging consensus, however, that children in dependency cases should have lawyers and those lawyers should be as active and as involved in their cases as are lawyers for any other party in any other litigation. Although state law and policy makers differ as to what voice the child should have in determining the direction and goals of the litigation, that is, whether the child's lawyer should represent the best interests of the child as determined by the …

The Rise And Fall Of Social Trustee Professionalism, Michael Ariens

Faculty Articles

Elite lawyers have long urged the private practice bar to account for the interests of more than their clients in their work. A lawyer who served merely as a "mouthpiece" or "hired gun" of clients failed to meet the standards of professionalism, of failing to act, in Roscoe Pound's words, "in the spirit of a public service." Pound's view, expressed in the mid-20th century, was premised on the ideal that the lawyer pursued a public calling that incidentally was remunerative. This ideal required the lawyer to serve as a social trustee, one encumbered by duties for the benefit of society. …

Creating Space For Silence In Law School Collaborations, A. Rachel Camp

Georgetown Law Faculty Publications and Other Works

Law school programs are increasingly expanding collaborative experiences for their students. In many clinical programs, collaboration -- through team pairings and group work – has been the norm, and gradually, collaborative work is being developed throughout the doctrinal law school curriculum. This trend fits within a broader societal emphasis on a collaborative model of working and learning. In both professional and educational settings, collaboration is viewed as critical to the success of ideas and products. Learning theory consistently identifies learning as being “inherently social” and best retained when engaged in with others. And, collaboration can substantially benefit the final work …

Can A Little Representation Be A Dangerous Thing?, Colleen Shanahan, Anna Carpenter, Alyx Mark

Faculty Articles

Access to justice interventions that provide a little representation, including nonlawyer representation and various forms of limited legal services, may be valuable solutions for low- and middle-income Americans. However, a thoughtful approach to improving access to justice efforts should recognize that a little representation may have risks. In particular, one potential risk of a little representation is that while it provides assistance with a discrete legal need in a specific moment, the nature of the assistance is incompatible with challenging the law. As a result, individual litigants do not have the benefit of legal challenges in their own cases and …

Book Review. Rethinking The Law School: Education, Research, Outreach And Governance By Carel Stolker, Ashley A. Ahlbrand

Articles by Maurer Faculty

No abstract provided.

The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel S. Terry

Faculty Scholarly Works

This Article focuses on those who regulate U.S. laywers. The Article argues that the lawyers who head regulatory bodies in the United States have the ability to adjust the focus of the regulator for which they work in a way that will increase client and public protection. The Article further argues that it is appropriate for lawyers in these positions to exercise this power and that they should do so. The Article concludes by offering two concrete recommendations.

The first recommendation is that those who are in charge should, upon reflection, adopt a mindset in which they recognize that the …

The Power Of Lawyer Regulators To Increase Client & Public Protection Through Adoption Of A Proactive Regulation System, Laurel Terry

Faculty Scholarly Works

The idea behind this Article is Ben Franklin's statement that "an ounce of prevention is worth a pound of cure." This Article builds on the author's prior articles that argue that one can think about lawyer regulation issues as involving who-what-when-where-why-and-how to regulate issues. This Article addresses the issue of "WHEN" regulation should occur. It argues that regulators should be trying to PREVENT problems, as well as responding AFTER problems occur. This Article is primarily directed toward those who regulate U.S. lawyers. The Article argues that the lawyers who head regulatory bodies in the United States have the ability to …

Writing For A Mind At Work: Appellate Advocacy And The Science Of Digital Reading, Mary Beth Beazley

Scholarly Works

Professor Beazley explores the future implications to appellate advocacy as we move into the digital age. Understanding how that digital world affects legal reading is vital to understanding the future of appellate advocacy. Lawyers need to understand some of the science of how people read and interact with the written word; unfortunately, we have been slow to grasp the importance of this science. She defines and explains the concepts of "Active Readers" and "Knowledge Work." She then addresses some of the issues that arise as active readers transition from paper to digital platforms. Professor Beazley concludes by describing some of …

Finishing The Job Of Legal Education Reform, Mary Beth Beazley

Scholarly Works

In this article, Professor Beazley advocates for the extension of tenure to skills faculty for the good of law faculty and of legal education. She argues that extending tenure to legal writing and other skills faculty will help to advance the goals of education reform in a variety of ways. First, equalizing the power of skills faculty will allow law schools to get the full benefit of their teaching and scholarship, a benefit that is currently blunted by ignorance and bias. Second, fair treatment of skills faculty will advance the values of equality, diversity, and inclusion: law students will benefit …

Foreword: Mindfulness, Writing, And The "Inner Lawyer", Shari Motro

Richmond Public Interest Law Review

Foreword for the Richmond Journal of Law and the Public Interest Vol XIX, Issue IV

Love, Anger, And Lawyering, Deborah J. Cantrell

Richmond Public Interest Law Review

As I think about my journey from law school to now, I realize that it took me some time to find a way to lawyer that also made me feel like I was flourishing in my broader life. Early in my career, I was not always aware of when I was picking up habits of mind about lawyering. I took for granted that the lawyer brain I was developing was the best version of lawyer brain out there. In order to realize the flaws in my lawyer brain, I had to fail to flourish. Then, I had to learn that …

A Lawyer's Journey Of Worker Advocacy And Faith, Ann C. Hodges

Richmond Public Interest Law Review

A personal narrative exploring the author's journey through the law and her faith to find her passion for advocating for social justice change as a labor advocate.