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2018

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Articles 331 - 360 of 366

Full-Text Articles in Legal Profession

Athens Access To Justice Initiative: Judicial Leadership + Bar Support + Local Resources = Powerful Synergy, Eleanor Lanier Jan 2018

Athens Access To Justice Initiative: Judicial Leadership + Bar Support + Local Resources = Powerful Synergy, Eleanor Lanier

Scholarly Works

No abstract provided.


9 Strategies For Improving The Legal Internship Experience At Your Office, Nicole P. Dyszlewski, Laura Pickering Jan 2018

9 Strategies For Improving The Legal Internship Experience At Your Office, Nicole P. Dyszlewski, Laura Pickering

Law Library Staff Publications

No abstract provided.


Alternative Spring Break 2018 Report, Roger Williams University School Of Law Jan 2018

Alternative Spring Break 2018 Report, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


9 Strategies For Improving The Legal Internship Experience At Your Office, Nicole P. Dyszlewski Jan 2018

9 Strategies For Improving The Legal Internship Experience At Your Office, Nicole P. Dyszlewski

Law Faculty Scholarship

No abstract provided.


The Law Firm Operations Team: Collaborative Agent Of Change In A Changing Profession, James Keuning, Ann Rainhart Jan 2018

The Law Firm Operations Team: Collaborative Agent Of Change In A Changing Profession, James Keuning, Ann Rainhart

Mitchell Hamline Law Review

No abstract provided.


Studying The "New" Civil Judges, Anna E. Carpenter, Jessica K. Steinberg, Colleen F. Shanahan, Alyx Mark Jan 2018

Studying The "New" Civil Judges, Anna E. Carpenter, Jessica K. Steinberg, Colleen F. Shanahan, Alyx Mark

Faculty Scholarship

We know very little about the people and institutions that make up the bulk of the United States civil justice system: state judges and state courts. Our understanding of civil justice is based primarily on federal litigation and the decisions of appellate judges. Staggeringly little legal scholarship focuses on state courts and judges. We simply do not know what most judges are doing in their day-to-day courtroom roles or in their roles as institutional actors and managers of civil justice infrastructure. We know little about the factors that shape and influence judicial practices, let alone the consequences of those practices …


Selling Attorney's Fees, Anthony J. Sebok Jan 2018

Selling Attorney's Fees, Anthony J. Sebok

Articles

Attorneys in the United States are under increasing pressure to change and adopt practices commonly found in the world of finance and business. Over the past thirty years, the bar and legal academics have debated what to do; the focus of this debate has been whether to change Model Rule of Professional Conduct 5.4 to allow partnerships between attorneys and nonlawyers or partnerships owned by nonlawyer shareholders.

One of the reasons attorneys are debating changes to Rule 5.4 is that the practice of law depends on capital, and the old methods for raising capital are no longer sufficient. Rather than …


Doing Right By Nevada: Adopting The Uniform Bar Exam, Daniel W. Hamilton Jan 2018

Doing Right By Nevada: Adopting The Uniform Bar Exam, Daniel W. Hamilton

Scholarly Works

No abstract provided.


The Economic Justice Imperative For Lawyers In Trump Country, Priya Baskaran Jan 2018

The Economic Justice Imperative For Lawyers In Trump Country, Priya Baskaran

Scholarly Articles in Law Reviews & Journals

This article serves as a call to action for rural law schools to meaningfully incorporate economic justice into transactional legal education, and in doing so, train much needed rural advocates, legal experts, and local leaders. Rural areas are continuously portrayed as “Trump Country” in today’s mainstream media coverage, which largely focuses on socio-cultural differences between urban and rural areas. Many rural scholars and activists are troubled by the “Trump Country” label as it masks the structural poverty issues that lead to housing insecurity, water insecurity, poor public health indicators, unemployment, underemployment, troubled public education systems, and environmental degradation impacting both …


A Deadly Pair: Conflicts Of Interest Between Death Investigators And Prosecutors, Ira P. Robbins Jan 2018

A Deadly Pair: Conflicts Of Interest Between Death Investigators And Prosecutors, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

As an inevitable fact of life, death is a mysterious specter looming over us as we move through the world. It consumes our literature, religions, and social dialogues — the death of a prominent figure can change policies and perceptions about our approaches to many problems. Given death’s significance, it is reasonable to try to understand causes of death generally, as well as on a case-by-case basis. While scholars and mourners attempt to answer the philosophical questions about death, the practical and technical questions are typically answered by death investigators. Death investigators attempt to decipher the circumstances surrounding suspicious and …


Innovation Diffusion In The Legal Industry, William D. Henderson Jan 2018

Innovation Diffusion In The Legal Industry, William D. Henderson

Articles by Maurer Faculty

This article is adapted from a series of blog posts originally found in my recently-started blog entitled Legal Evolution. The foundational material set forth in this article (and in those blog posts) applies to the legal services market insights gained from disciplines other than law. This article begins by setting forth the well-established theory of an "innovation diffusion curve" and the research that has identified the factors that affect the rate of adoption of innovations. This article identifies why innovation in the legal services market is desirable and applies to the legal services field insights drawn from this research in …


Well-Timed Solutions For Legal Education And The Bar, William D. Henderson Jan 2018

Well-Timed Solutions For Legal Education And The Bar, William D. Henderson

Articles by Maurer Faculty

No abstract provided.


The Runaway Judge: John Grisham’S Appearance In Judicial Opinions, Nicholas Mignanelli Jan 2018

The Runaway Judge: John Grisham’S Appearance In Judicial Opinions, Nicholas Mignanelli

Articles

No abstract provided.


Foreword: Benjamin N. Cardozo: Judge, Justice, Scholar, Samuel J. Levine Jan 2018

Foreword: Benjamin N. Cardozo: Judge, Justice, Scholar, Samuel J. Levine

Touro Law Review

No abstract provided.


Deliberative Constitutionalism In The National Security Setting, Mary B. Derosa, Milton C. Regan Jan 2018

Deliberative Constitutionalism In The National Security Setting, Mary B. Derosa, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

Deliberative democracy theory maintains that authentic deliberation about matters of public concern is an essential condition for the legitimacy of political decisions. Such deliberation has two features. The first is deliberative rigor. This is deliberation guided by public-regarding reasons in a process in which persons are genuinely open to the force of the better argument. The second is transparency. This requires that requires that officials publicly explain the reasons for their decisions in terms that citizens can endorse as acceptable grounds for acting in the name of the political community.

Such requirements would seem to be especially important in the …


A Tribute To Douglas Scherer, Howard A. Glickstein Jan 2018

A Tribute To Douglas Scherer, Howard A. Glickstein

Scholarly Works

No abstract provided.


Southeast Of What? Reflections On Seals' Success, Thomas B. Metzloff Jan 2018

Southeast Of What? Reflections On Seals' Success, Thomas B. Metzloff

Faculty Scholarship

No abstract provided.


Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam J. Macleod Jan 2018

Of Brutal Murder And Transcendental Sovereignty: The Meaning Of Vested Private Rights, Adam J. Macleod

Faculty Articles

The idea of vested private rights is divisive; it divides those who practice law from those who teach and think about law. On one side of the divide, practicing lawyers act as though (at least some) rights exist and exert binding obligations upon private persons and government officials, such that once vested, the rights cannot be taken away or retrospectively altered. Lawyers convey estates in property, negotiate contracts, and write and send demand letters on the supposition that they are specifying and vindicating rights, which are rights not as a result of a judgment by a court in a subsequent …


Twitter And The #So-Calledjudge, Elizabeth G. Thornburg Jan 2018

Twitter And The #So-Calledjudge, Elizabeth G. Thornburg

SMU Law Review

Two-hundred-eighty characters may be insufficient to deliver a treatise on the judiciary, but it is more than enough to deliver criticism of the third branch of government. Today, these tweeted critiques sometimes come not from the general public but from the President himself. Attacks such as these come at a challenging time for court systems. We live in a highly politicized, polarized society. This polarization is reflected in attitudes toward the courts, particularly the federal courts. Unfortunately, public doubts about the court system come at a time when public understanding of the structure of government, and especially the court system, …


May Federal Prosecutors Take Direction From The President?, Bruce Green, Rebecca Roiphe Jan 2018

May Federal Prosecutors Take Direction From The President?, Bruce Green, Rebecca Roiphe

Articles & Chapters

Suppose the president sought to serve as prosecutor-in-chief telling prosecutors when to initiate or dismiss criminal charges in individual cases and making other discretionary decisions that are normally reserved to trained professionals familiar with the facts, law, and traditions of the U.S. Department of Justice. To what extent may prosecutors follow the president's direction? In recent presidential administrations, the president has respected prosecutorial independence; while making policy decisions, the president deferred to the Attorney General and subordinate federal prosecutors to conduct individual criminal cases. In a recent article, we argued that this is as it should be because the president …


Legal Deserts: A Multi-State Perspective On Rural Access To Justice (Forthcoming), Danielle M. Conway Jan 2018

Legal Deserts: A Multi-State Perspective On Rural Access To Justice (Forthcoming), Danielle M. Conway

Faculty Publications

Rural America faces an increasingly dire access to justice crisis, which serves to exacerbate the already disproportionate share of social problems afflicting rural areas. One critical aspect of that crisis is the dearth of information and research regarding the extent of the problem and its impacts. This article begins to address that gap by providing surveys of rural access to justice in six geographically, demographically, and economically varied states: California, Georgia, Maine, Minnesota, South Dakota, and Wisconsin. In addition to providing insights about the distinct rural challenges confronting each of these states, the legal resources available, and existing policy responses, …


Adr And Access To Justice: Current Perspectives, Ellen E. Deason, Michael Z. Green, Donna Shestowsky, Rory Van Loo, Ellen Waldman Jan 2018

Adr And Access To Justice: Current Perspectives, Ellen E. Deason, Michael Z. Green, Donna Shestowsky, Rory Van Loo, Ellen Waldman

Faculty Scholarship

Access to justice is a broad topic, and we cannot cover everything. You will notice a few major omissions. Most notably, we are not going to emphasize consumer pre-dispute arbitration agreements. This is not because they are not important, but because much has been written and said on this topic, and it could easily swallow the whole discussion. Also, we are probably not going to say very much about restorative justice, and I am sure you will notice some other holes. We invite you to raise missing issues in your comments.

Let me start with a few opening remarks. We …


Distilling Fear, Heidi K. Brown Jan 2018

Distilling Fear, Heidi K. Brown

Articles & Chapters

No abstract provided.


Celebrating Mundane Conflict, Deborah J. Cantrell Jan 2018

Celebrating Mundane Conflict, Deborah J. Cantrell

Publications

This Article interrogates the dominant conception of conflict and challenges the narrative of conflict as hard, difficult and painful to engage. The Article reveals two primary framing errors that cause one to misperceive how ubiquitous and ordinary is conflict. The first error is to misperceive conflict as categorical — something either is a conflict or it is not. People make that error as a way of trying to avoid conflict. People falsely hope that there might be a category of “not conflict,” like disagreements, that will be easier to navigate. The second error is to misperceive the world and individuals …


Adventures In Higher Education, Happiness, And Mindfulness, Peter H. Huang Jan 2018

Adventures In Higher Education, Happiness, And Mindfulness, Peter H. Huang

Publications

This Article recounts my unique adventures in higher education, including being a Princeton University freshman mathematics major at age 14, Harvard University applied mathematics graduate student at age 17, economics and finance faculty at multiple schools, first-year law student at the University of Chicago, second- and third-year law student at Stanford University, and law faculty at multiple schools. This Article also candidly discusses my experiences as student and professor and openly shares how I achieved sustainable happiness by practicing mindfulness to reduce fears, rumination, and worry in facing adversity, disappointment, and setbacks. This Article analyzes why law schools should teach …


Bridges Ii: The Law--Stem Alliance & Next Generation Innovation, Harry Surden Jan 2018

Bridges Ii: The Law--Stem Alliance & Next Generation Innovation, Harry Surden

Publications

Technological change recently has altered business models in the legal field, and these changes will continue to affect the practice of law itself. How can we, as educators, prepare law students to meet the challenges of new technology throughout their careers?


Bridging The Divide Between Assessment And Accreditation, Docia L. Rudley Jan 2018

Bridging The Divide Between Assessment And Accreditation, Docia L. Rudley

NYLS Law Review

No abstract provided.


Assessing Law Students As Reflective Practitioners, Jodi S. Balsam, Susan L. Brooks, Margaret Reuter Jan 2018

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

NYLS Law Review

No abstract provided.


Learning Outcomes And Performance In Medical School: Programmatic Assessment At Nyu School Of Medicine, Colleen Gillespie Phd, Sondra Zabar Md, Adina Kalet Md, Mph Jan 2018

Learning Outcomes And Performance In Medical School: Programmatic Assessment At Nyu School Of Medicine, Colleen Gillespie Phd, Sondra Zabar Md, Adina Kalet Md, Mph

NYLS Law Review

No abstract provided.


Assessment Of Professional Values In Experiential Education In Law: Becoming Who We Are Through Practice, John Erbes, Rebecca J. O'Neill Jan 2018

Assessment Of Professional Values In Experiential Education In Law: Becoming Who We Are Through Practice, John Erbes, Rebecca J. O'Neill

NYLS Law Review

No abstract provided.