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2017

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Articles 271 - 300 of 332

Full-Text Articles in Legal Profession

Rock, Paper Scissors…Loot!, Michael A. Mogill Jan 2017

Rock, Paper Scissors…Loot!, Michael A. Mogill

Faculty Scholarly Works

No abstract provided.


Uk Law Notes, 2017, University Of Kentucky College Of Law Jan 2017

Uk Law Notes, 2017, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


The Power Of The Public Defender Experience: Learning By Fighting For The Incarcerated And Poor, Patrick C. Brayer Jan 2017

The Power Of The Public Defender Experience: Learning By Fighting For The Incarcerated And Poor, Patrick C. Brayer

Faculty Works

This Essay discusses how public defender apprenticeships impact law students and help mold their future careers. Brayer discusses the tangible advantages that the apprenticeship imparts on students as well as the transferable skills that students gain. Brayer then analyzes the internal and professional growth of students that participate in this apprenticeship. Brayer situates this growth within the context of Chief Justice John Marshall’s own similar experience, arguing how the public defender experience focuses and matures aspiring lawyers.


Reconstructing Professionalism, Dana A. Remus Jan 2017

Reconstructing Professionalism, Dana A. Remus

Georgia Law Review

Amidst widespread calls of crisis in the American legal
profession, scholars, commentators and bar leaders are
proposing that we rely on market logic to address the
problems and challenges of contemporary lawyering.
Proposed reforms seek to unbundle, commoditize, and
automate as many legal services as possible; to allow non-
lawyers to capitalize law firms and litigation; and to
permit services providers with limited or no legal training
to perform a wide range of legal tasks. In much the same
way that policymakers in the 1980s and 1990s came to
accept market-based deregulatory reforms to industries
across the country, today's ethics …


"G" Is More Than "Pc" For Georgia: Why Prospective Adoption Of Aba Model Rule 8.4(G) Is A Viable Measure To Combat Discrimination And Harassment, Katie M. Wroten Jan 2017

"G" Is More Than "Pc" For Georgia: Why Prospective Adoption Of Aba Model Rule 8.4(G) Is A Viable Measure To Combat Discrimination And Harassment, Katie M. Wroten

Georgia Law Review

In August 2016, the American Bar Association
passed Model Rule 8.4(g) into its Model Rules of
Professional Conduct. The rule declares it misconduct
for a lawyer to harass or discriminate based on race,
sex, religion, national origin, ethnicity, disability, age,
sexual orientation, gender identity, marital status or
socioeconomic status. The scope of the rule extends to
lawyers' conduct outside of the courtroom, including
conduct related to the practice of law. The rule aims to
eliminate bias in the profession and justice system.
The Supreme Court of Georgia has yet to adopt any
version of Model Rule 8.4(g) in its comment …


Assessing Law Students As Reflective Practitioners, Jodi Balsam, Susan L. Brooks, Margaret Reuter Jan 2017

Assessing Law Students As Reflective Practitioners, Jodi Balsam, Susan L. Brooks, Margaret Reuter

Faculty Scholarship

No abstract provided.


January 2017 Newsletter Jan 2017

January 2017 Newsletter

Ergo

No abstract provided.


Professional Liability, Debran L. O'Neil, Joshua D. Kipp, Thomas S. Conner Jan 2017

Professional Liability, Debran L. O'Neil, Joshua D. Kipp, Thomas S. Conner

SMU Annual Texas Survey

No abstract provided.


Sexual Minorities In Legal Academia: A Retrospection On Community, Action, Remembrance, And Liberation, Francisco Valdes Jan 2017

Sexual Minorities In Legal Academia: A Retrospection On Community, Action, Remembrance, And Liberation, Francisco Valdes

Articles

No abstract provided.


Therapeutic Jurisprudence, Professionalism, And "Spikes" For Lawyers, Shelley Kierstead Jan 2017

Therapeutic Jurisprudence, Professionalism, And "Spikes" For Lawyers, Shelley Kierstead

St. Thomas Law Review

This article will progress as follows. In Part 1, I discuss both the medical profession and the legal profession's challenges in relation to effective communication with patients and clients. I suggest that the medical profession's response, specifically as it relates to delivering bad news, has been more proactive and widespread than the legal profession's response. Part 2 briefly reviews research dealing with legal clients' emotional responses to different forms of communication, with a view supporting the argument that clarity of information, empathic responses to clients' reactions, and collaborative problem-solving are important elements of a professional relationship. Part 3 introduces the …


Trial And Error: Lawyers And Nonlawyer Advocates, Anna Carpenter, Alyx Mark, Colleen Shanahan Jan 2017

Trial And Error: Lawyers And Nonlawyer Advocates, Anna Carpenter, Alyx Mark, Colleen Shanahan

Faculty Articles

Nonlawyer advocates are one proposed solution to the access to justice crisis and are currently permitted to practice in some civil justice settings. Theory and research suggest nonlawyers might be effective in some civil justice settings, yet we know very little, empirically, about nonlawyer practice in the United States. Using data from more than 5,000 unemployment insurance appeal hearings and interviews with lawyers and nonlawyers, this article explores how both types of representatives learn to do their work and what this means for their effectiveness. Building on recent research regarding the importance of procedural knowledge and relational expertise as elements …


Law As Instrumentality, Jeremiah A. Ho Jan 2017

Law As Instrumentality, Jeremiah A. Ho

All Faculty Scholarship

Our conceptions of law affect how we objectify the law and ultimately how we study it. Despite a century’s worth of theoretical progress in American law—from legal realism to critical legal studies movements and postmodernism—the formalist conception of “law as science,” as promulgated by Christopher Langdell at Harvard Law School in the late-nineteenth century, still influences methodologies in American legal education. Subsequent movements of legal thought, however, have revealed that the law is neither scientific nor “objective” in the way the Langdellian formalists once envisioned. After all, the Langdellian scientific objectivity of law itself reflected the dominant class, gender, power, …


Ending The Pursuit: Releasing Attorney Advertising Regulations At The Intersection Of Technology And The First Amendment, Jan L. Jacobowitz Jan 2017

Ending The Pursuit: Releasing Attorney Advertising Regulations At The Intersection Of Technology And The First Amendment, Jan L. Jacobowitz

Articles

No abstract provided.


Talent Systems For Law Firms, William D. Henderson Jan 2017

Talent Systems For Law Firms, William D. Henderson

Articles by Maurer Faculty

irtually every large US law firm owes its rise and success to a talent system it adopted several decades ago. These talent systems were effective because they created highly skilled business lawyers in a way that aligned the interests of partners, associates, and clients. The most prominent example is the Cravath System, though other business lawyers throughout the US were making similar discoveries at roughly the same time. The tremendous forward momentum of these first-generation talent systems has created the problem of ahistorical partners — owners who collect the late-stage benefits of a talent system approach without understanding its original …


Embracing Our Public Purpose: A Value-Based Lawyer-Licensing Model, Bobbi Jo Boyd Jan 2017

Embracing Our Public Purpose: A Value-Based Lawyer-Licensing Model, Bobbi Jo Boyd

Scholarly Works

No abstract provided.


Do It In The Sunshine: A Comparative Analysis Of Rulemaking Procedures And Transparency Practices Of Lawyer-Licensing Entities, Bobbi Jo Boyd Jan 2017

Do It In The Sunshine: A Comparative Analysis Of Rulemaking Procedures And Transparency Practices Of Lawyer-Licensing Entities, Bobbi Jo Boyd

Scholarly Works

No abstract provided.


Afterword - Agape And Reframing, James Boyd White Jan 2017

Afterword - Agape And Reframing, James Boyd White

Other Publications

In a provocative essay, philosopher Jeffrie Murphy asks: 'what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?'. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book aims to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as …


Confirm Myra Selby For The Seventh Circuit, Carl W. Tobias Jan 2017

Confirm Myra Selby For The Seventh Circuit, Carl W. Tobias

Indiana Law Journal

This Article canvasses Myra Selby’s dynamic professional record, the federal judicial selection process under President Obama, and the Seventh Circuit. It ascertains that Selby is an exceptionally competent, mainstream prospect and that the appellate court requires all of its members to deliver justice. However, Republican senators did not collaborate, particularly after they had captured a Senate majority—a circumstance that this presidential election year aggravates. The last section, therefore, proffers recommendations for Selby’s prompt Senate consideration and confirmation.


Diversity, Compliance, Ethics & In-House Counsel, Steven A. Ramirez Jan 2017

Diversity, Compliance, Ethics & In-House Counsel, Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.


Introduction: Exploring The Lawyer As Business Leader, Louis Ainsworth, Joey Balthazor Jan 2017

Introduction: Exploring The Lawyer As Business Leader, Louis Ainsworth, Joey Balthazor

Mitchell Hamline Law Review

No abstract provided.


Demonstrating Value To A Corporation As In-House Counsel, Zachary Atherton-Ely Jan 2017

Demonstrating Value To A Corporation As In-House Counsel, Zachary Atherton-Ely

Mitchell Hamline Law Review

No abstract provided.


Think Like A Lawyer, Act Like A Mogul: Tackling Practical Business Problems In A Changing Legal Landscape, Kathleen Harrell-Latham, Daniel Spicer Jan 2017

Think Like A Lawyer, Act Like A Mogul: Tackling Practical Business Problems In A Changing Legal Landscape, Kathleen Harrell-Latham, Daniel Spicer

Mitchell Hamline Law Review

No abstract provided.


Creating The Lawyer As Business Leader, Leanne Fuith Jan 2017

Creating The Lawyer As Business Leader, Leanne Fuith

Mitchell Hamline Law Review

No abstract provided.


The Case For A Uniform Cut Score, Joan W. Howarth Jan 2017

The Case For A Uniform Cut Score, Joan W. Howarth

Scholarly Works

To our detriment, attorneys have become accustomed to state-by-state disparities in the cut score for our national, multiple choice licensing test, the Multistate Bar Exam (MBE). MBE cut scores range from 129 in Wisconsin to 145 in Delaware. The states with the most licensed attorneys, New York and California, use MBE cut scores of 133 and 144, respectively, which land on different sides of the national MBE score bell curve bulge. No one pretends that these disparities are justified because practicing law as a new lawyer is more difficult in California than in New York. The MBE cut score is …


Exploring The Origins Of America's Adversarial Legal Culture, Edward A. Purcell Jr. Jan 2017

Exploring The Origins Of America's Adversarial Legal Culture, Edward A. Purcell Jr.

Other Publications

No abstract provided.


Ostby, Montana's First Female Federal Judge, Left A Lasting Impact On The Judiciary, Cynthia Ford Jan 2017

Ostby, Montana's First Female Federal Judge, Left A Lasting Impact On The Judiciary, Cynthia Ford

Faculty Journal Articles & Other Writings

No abstract provided.


Law Library Blog (January 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jan 2017

Law Library Blog (January 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Nonsense You Say, Nicholas W. Allard Jan 2017

Nonsense You Say, Nicholas W. Allard

Faculty Scholarship

No abstract provided.


No Un Jurado De Mis Pares: Juror Exclusion Of Limited English Proficient Speakers., Michael Mccann Jan 2017

No Un Jurado De Mis Pares: Juror Exclusion Of Limited English Proficient Speakers., Michael Mccann

The Scholar: St. Mary's Law Review on Race and Social Justice

In the context of fulfilling civic duties as a citizen, accessibility to language assistance programs ensures every individual, including those with limited English proficiency (LEP), is afforded the opportunity to exercise their fundamental rights. Preservation of the integrity of the justice system must be provided in a comprehensive manner, not merely in one part of the legal proceedings or isolated to one part of the courthouse. LEP citizens should be integrated in public society, not disqualified from it. Statutes that create overly burdensome language proficiency standards create problems with the jury selection process. These standards limit and often deny LEP …


Can Practicing Mindfulness Improve Lawyer Decision-Making, Ethics, And Leadership?, Peter H. Huang Jan 2017

Can Practicing Mindfulness Improve Lawyer Decision-Making, Ethics, And Leadership?, Peter H. Huang

Publications

Jon Kabat-Zinn, the founder of mindfulness-based stress reduction, defines mindfulness as paying attention in a curious, deliberate, kind, and non-judgmental way to life as it unfolds each moment. Psychologist Ellen Langer defines mindfulness as a flexible state of mind actively engaging in the present, noticing new things, and being sensitive to context. Langer differentiates mindfulness from mindlessness, which she defines as acting based upon past behavior instead of the present and being stuck in a fixed, solitary perspective, oblivious to alternative multiple viewpoints. Something called mindfulness is currently very fashionable and has been so for some time now in American …