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Legal Profession Commons

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2019

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Articles 331 - 360 of 387

Full-Text Articles in Legal Profession

Rhode Island Women's Bar Association & The History Of Women Lawyers In Our State, Nicole P. Dyszlewski, Cassandra L. Feeney, Gina Renzulli Lemay Jan 2019

Rhode Island Women's Bar Association & The History Of Women Lawyers In Our State, Nicole P. Dyszlewski, Cassandra L. Feeney, Gina Renzulli Lemay

Law Faculty Scholarship

No abstract provided.


Learning From Millennials In The Legal Workplace, Nicole P. Dyszlewski, Suzanne Harrington-Steppen Jan 2019

Learning From Millennials In The Legal Workplace, Nicole P. Dyszlewski, Suzanne Harrington-Steppen

Law Faculty Scholarship

No abstract provided.


Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law Jan 2019

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Law Library Blog (January 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law Jan 2019

Law Library Blog (January 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


The Female Body In The Workplace: Judges And The Common Law, Maritza I. Reyes Jan 2019

The Female Body In The Workplace: Judges And The Common Law, Maritza I. Reyes

Journal Publications

If the common law serves to liberate women, everybody, including judges, should understand the role they do play and should play in the development of the common law. As a career law clerk in the federal courts, I witnessed the decision-making process inside the chambers of federal judges and in the courtrooms. I came to the conclusion that judges, more than statutory law, influence what happens to female bodies in the workplace. Litigants initially drive the common law by filing complaints. However, judicial decisions affect not only the litigants in their individual cases, they also serve as precedent for future …


The Pink Ghetto Pipeline: Challenges & Opportunities For Women In Legal Education, Renee N. Allen, Alicia Jackson Jan 2019

The Pink Ghetto Pipeline: Challenges & Opportunities For Women In Legal Education, Renee N. Allen, Alicia Jackson

Journal Publications

The demographics of law schools are changing and women make up the majority of law students. Yet, the demographics of many law faculties do not reflect these changing demographics with more men occupying faculty seats. In legal education, women predominately occupy skills positions, including legal writing, clinic, academic success, bar preparation, or library. According to a 2010 Association of American Law Schools survey, the percentage of female lecturers and instructors is so high that those positions are stereotypically female.

The term coined for positions typically held by women is "pink ghetto." According to the Department of Labor, pink-collar-worker describes jobs …


From The Courtroom To The Classroom: How A Litigator Became A Transactional Drafting Professor, Amy Bauer Jan 2019

From The Courtroom To The Classroom: How A Litigator Became A Transactional Drafting Professor, Amy Bauer

Publications

No abstract provided.


The Promise And Limitations Of Artificial Intelligence In The Practice Of Law, W. Bradley Wendel Jan 2019

The Promise And Limitations Of Artificial Intelligence In The Practice Of Law, W. Bradley Wendel

Oklahoma Law Review

No abstract provided.


Online Legal Document Providers And The Public Interest: Using A Certification Approach To Balance Access To Justice And Public Protection, Susan Saab Fortney Jan 2019

Online Legal Document Providers And The Public Interest: Using A Certification Approach To Balance Access To Justice And Public Protection, Susan Saab Fortney

Oklahoma Law Review

No abstract provided.


Minding The Gaps In Lawyers’ Rules Of Professional Conduct, Anita Bernstein Jan 2019

Minding The Gaps In Lawyers’ Rules Of Professional Conduct, Anita Bernstein

Oklahoma Law Review

No abstract provided.


The Future Is ̶B̶R̶I̶G̶H̶T̶ Complicated: Ai, Apps & Access To Justice, Emily S. Taylor Poppe Jan 2019

The Future Is ̶B̶R̶I̶G̶H̶T̶ Complicated: Ai, Apps & Access To Justice, Emily S. Taylor Poppe

Oklahoma Law Review

No abstract provided.


When Robots Make Legal Mistakes, Susan C. Morse Jan 2019

When Robots Make Legal Mistakes, Susan C. Morse

Oklahoma Law Review

No abstract provided.


The Brandeis Thought Experiment: Reflection On The Elimination Of Racial Bias In The Legal System, Patrick C. Brayer Jan 2019

The Brandeis Thought Experiment: Reflection On The Elimination Of Racial Bias In The Legal System, Patrick C. Brayer

Faculty Works

This essay prompts the reader to engage in a thought experiment and consider their own limits in advancing the cause of; a legal system free from racism and bias, and lawyers are encouraged to use the experience of a young Louis Brandeis as a guide in this self-reflection. Specifically, this essay calls attention to the fact that Louis Brandeis started his legal career, at the same time when, and in the same place where thousands of African Americans were escaping persecution and traveling in search of economic and political freedom, yet he was publicly absent on issues of race. As …


Attorney As Accompagnateur: Resilient Lawyering When Victory Is Uncertain Or Nearly Impossible, Margaret Reuter Jan 2019

Attorney As Accompagnateur: Resilient Lawyering When Victory Is Uncertain Or Nearly Impossible, Margaret Reuter

Faculty Works

Social justice lawyers come to the profession intending to make a difference through the instruments of law. And gloriously, they often make a difference in people’s lives for the better. They make our world a more just, compassionate, and tolerant place. But there is no denying that, in poverty law practice, legal success can be elusive, ephemeral, or perhaps a mirage. How does that lawyer feel when the legal remedies at her disposal, even if “successful,” fail to mitigate the injustices suffered by her clients? Are there definitions of professional satisfaction and success that are enduring, even if legal success …


The New Normal Ten Years In: The Job Market For New Lawyers Today And What It Means For The Legal Academy Tomorrow, Bernard A. Burk Jan 2019

The New Normal Ten Years In: The Job Market For New Lawyers Today And What It Means For The Legal Academy Tomorrow, Bernard A. Burk

FIU Law Review

No abstract provided.


Ringing Changes: Systems Thinking About Legal Licensing, Joan W. Howarth, Judith Welch Wegner Jan 2019

Ringing Changes: Systems Thinking About Legal Licensing, Joan W. Howarth, Judith Welch Wegner

FIU Law Review

No abstract provided.


Between Scylla And Charybdis: Managing Information Overload, Darla Jackson, Amy Krieg Jan 2019

Between Scylla And Charybdis: Managing Information Overload, Darla Jackson, Amy Krieg

Other Faculty Publications

No abstract provided.


Hallows Lecture: Ambition And Aspiration: Living Greatly In The Law, Lee H. Rosenthal Jan 2019

Hallows Lecture: Ambition And Aspiration: Living Greatly In The Law, Lee H. Rosenthal

Marquette Law Review

none


A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell Jan 2019

A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell

Marquette Law Review

Removing children from their parents is child welfare’s most drastic

intervention. Research clearly establishes the profound and irreparable

damage family separation can inflict on children and their parents. To ensure

that this intervention is only used when necessary, a complex web of state and

federal constitutional principles, statutes, administrative regulations, judicial

decisions, and agency policies govern the removal decision. Central to these

authorities is the presumption that a healthy and robust child welfare system

keeps families together, protects children from harm, and centers on the needs

of children and their parents.

Yet, research and practice—supported by administrative data—paint a

different …


The Parent Trap: Equality, Sex, And Partnership In The Modern Law Firm, Miranda Mcgowan Jan 2019

The Parent Trap: Equality, Sex, And Partnership In The Modern Law Firm, Miranda Mcgowan

Marquette Law Review

The fight for women’s equality in law has achieved a lot. Women have

made up nearly half of law students and law firm associates for the last two

decades. Despite this progress, the partnership ranks of law firms are

profoundly and intolerably sex segregated and will remain so for the

foreseeable future. Our profession, which has fought for and helped to achieve

legal equality on behalf of so many, is itself dogged by intractable inequality.

A standard set of solutions, which address structural barriers within law firms

and the effects of cognitive biases, have been urged for decades and yet …


Love's Labors Found, Nicholas Allard Jan 2019

Love's Labors Found, Nicholas Allard

Faculty Scholarship

No abstract provided.


Building A Better Bar Exam, Marsha Griggs Jan 2019

Building A Better Bar Exam, Marsha Griggs

Texas A&M Law Review

In the wake of declining bar passage numbers and limited placement options for law grads, a new bar exam has emerged: the UBE. Drawn to an allusive promise of portability, thirty-six U.S. jurisdictions have adopted the UBE. I predict that in a few years’ time, the UBE will be administered in all states and U.S. territories. The UBE has snowballed from an idea into the primary gateway for entry into the practice of law. But the UBE is not a panacea that will solve the bar passage problems that U.S. law schools face. Whether or not to adopt a uniform …


Temptation's Page Flies Out The Door: Navigating Complex Systems Of Disability And The Law From A Therapeutic Jurisprudence Perspective, Michael L. Perlin, Mehgan Gallagher Jan 2019

Temptation's Page Flies Out The Door: Navigating Complex Systems Of Disability And The Law From A Therapeutic Jurisprudence Perspective, Michael L. Perlin, Mehgan Gallagher

Articles & Chapters

This article considers the difficulties inherent in the navigation of the legal system and the disability system, difficulties made more complicated when these systems intersect. Although this problem is not a new one, remarkably, it has never been the subject of any legal scholarship. We argue here that it is futile to consider either system to be a uniform one, and that to make any sense of the underlying ambiguities, it is necessary to consider both the potential conflicts both between domestic and international law (using fitness to proceed to trial as a case example), and the conflicts between social …


Tribute To Professor Lewis R. Katz: Beloved Mentor, Global Visionary, Entrepreneur, Gerald Korngold Jan 2019

Tribute To Professor Lewis R. Katz: Beloved Mentor, Global Visionary, Entrepreneur, Gerald Korngold

Articles & Chapters

No abstract provided.


There Is No Work-Life Balance, Bridget M. Mccormack, Leonard M. Niehoff Jan 2019

There Is No Work-Life Balance, Bridget M. Mccormack, Leonard M. Niehoff

Articles

We often find ourselves speaking to audiences of law students and new lawyers who are trying to figure out what their future as practicing attorneys will look like. At some point, typically toward the end of our remarks, a hand goes up and a dreaded question - as reliable as the law of gravity - lands with a thud: "Do you have any advice as to how to achieve the right work-life balance?"


Technology In Legal Practice: Keeping Ethical Obligations In Mind, Teresa J. Verges, Christine Lazaro Jan 2019

Technology In Legal Practice: Keeping Ethical Obligations In Mind, Teresa J. Verges, Christine Lazaro

Faculty Publications

(Excerpt)

The use of technology in the legal profession is ubiquitous, expanding, and ever changing. Lawyers connect with their clients, co-workers, and others through email. Cloud computing has allowed lawyers to create virtual and mobile workspaces, providing them with accessibility to client files and resources anywhere in the world. Social media allows lawyers to showcase their expertise and build their practice. Technology has undoubtedly impacted how lawyers provide legal services to their clients. However, as lawyers, we remain subject to long-standing professional and ethical obligations that govern our practice. This article explores how commonly used technology in legal practice implicates …


2018 Camp Courthouse Colloquy, United States Court Of Appeals For The Second Circuit: The Art Of Mediating Intractable Disputes, George J. Mitchell Jan 2019

2018 Camp Courthouse Colloquy, United States Court Of Appeals For The Second Circuit: The Art Of Mediating Intractable Disputes, George J. Mitchell

Cardozo Journal of Conflict Resolution

In 1974, the Civil Appeals Mediation Program ("CAMP") was established in the Second Circuit of the United States Court of Appeals as a pioneering initiative. CAMP is an integral part of the court's appellate process and provides mediation in suitable, counseled civil appeals that are eligible under Local Rule 33.1. In 2017, CAMP inaugurated the Courthouse Mediation Colloquy series to gather members of the judiciary, members of the bar, mediators, academics, and students in an informal, educational setting. The Colloquy features a distinguished guest engaging in a conversation with a representative of the court about aspects of mediation that are …


Cooperative Design Lawyering: How Can Lawyers Prevent Disputes Through Value Innovation?, Jean-François Roberge, Véronique Fraser Jan 2019

Cooperative Design Lawyering: How Can Lawyers Prevent Disputes Through Value Innovation?, Jean-François Roberge, Véronique Fraser

Cardozo Journal of Conflict Resolution

This article puts forth processes for preventing disputes based on value innovation, an approach referred to as Cooperative Design Lawyering ("CDL"). It suggests that law firms could take a competitive edge by offering Cooperative Design Lawyering services. It explores how legal designers can redefine the value and predictability of a relationship between parties by creating positive-sum interdependence, managing risk allocation and preventing the escalation of eventual disputes. It argues that CDL has the potential to act as a "blue ocean" strategy by targeting unmet needs and delivering value innovation to reach untapped markets. CDL relationship-oriented services capture value and improve …


Careful Training Does Eliminate Gender-Based Negotiation Differences, Charles B. Craver Jan 2019

Careful Training Does Eliminate Gender-Based Negotiation Differences, Charles B. Craver

Cardozo Journal of Conflict Resolution

No abstract provided.


Solving The Problem-Solver Problem: How A Revamp Of Arbitral Ethics Will Encourage Plaintiffs And Benefit Defendants, Lindsey Rubinstein Jan 2019

Solving The Problem-Solver Problem: How A Revamp Of Arbitral Ethics Will Encourage Plaintiffs And Benefit Defendants, Lindsey Rubinstein

Cardozo Journal of Conflict Resolution

This Note aims to expose the consequences of these ethical deficiencies, including a lack of uniformity in arbitral results, conflicts of interest, and a lack of bargaining power for plaintiffs. This Note will also provide a framework for what an arbitral code of ethics should look like to ensure greater protections for petitioners. It is important to mention that this Note will explore the problems introduced above exclusively in the context of the ethical framework provided by the AAA. Part II will provide background information on the rise of arbitration, the development of the AAA Code of Ethics, and the …