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2020

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Full-Text Articles in Legal Profession

Keabsahan Akta Pembagian Hak Bersama Atas Dasar Surat Keterangan Ahli Waris Yang Diregister Oleh Kepala Desa/Lurah Dan Camat Yang Palsu Atau Dipalsukan (Studi Kasus Putusan Mahkamah Agung Nomor 688 K/Pid/2017), Nizar Satrio Wicaksono Mar 2020

Keabsahan Akta Pembagian Hak Bersama Atas Dasar Surat Keterangan Ahli Waris Yang Diregister Oleh Kepala Desa/Lurah Dan Camat Yang Palsu Atau Dipalsukan (Studi Kasus Putusan Mahkamah Agung Nomor 688 K/Pid/2017), Nizar Satrio Wicaksono

Indonesian Notary

Surat keterangan waris merupaka salah satu syarat terbitnya akta pembagian hak bersama sebagaimana diatur dalam Pasal 111 ayat 1 huruf c angka 4, Peraturan Menteri Agraria Kepala Badan Pertanahan Nasional Nomor 3 Tahun 1997, sehingga keberadaannya merupakan hal yang penting. Namun demikian, bukan berarti Notaris/PPAT memiliki kekuasaan yang besar dalam pembuatan Surat Keterangan Waris tersebut, segala informasi yang ada dalam isi Surat Keterangan Waris harus didapatkan dari pihak-pihak yang ada dalam Surat Keterangan Waris tersebut, bukan secara serta merta Notaris /PPAT mengisi isi Surat Keterangan Waris sesuai dengan keinginannya dengan maksud suatu tujuan tertentu. Notaris/PPAT yang mengisi isi Surat Keterangan …


Vol. 58, No. 11 (March 30, 2020) Mar 2020

Vol. 58, No. 11 (March 30, 2020)

Indiana Law Annotated

No abstract provided.


Law School News: F.A.Q. Update: Covid-19 And Rwu Law 03-30-2020, Roger Williams University School Of Law Mar 2020

Law School News: F.A.Q. Update: Covid-19 And Rwu Law 03-30-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Bob Cochran On Law And Lawyering: A Catholic Perspective, Stephen M. Bainbridge Mar 2020

Bob Cochran On Law And Lawyering: A Catholic Perspective, Stephen M. Bainbridge

Pepperdine Law Review

This Essay is a contribution to a festschrift honoring Pepperdine law professor Robert Cochran. In addition to his many other professional accomplishments, Professor Cochran is a leading figure in the study of Law and Christianity. One strain of Law and Christianity scholarship focuses on normative critiques of substantive legal issues based on Christian theology. In other words, it seeks to make the civil law more moral; i.e., to conform Man’s Law to God’s Law. A second strain seeks to help lawyers deal with the difficulties inherent in being a Christian and a lawyer. As Cochran has put it, one might …


The Communitarian Work And Vision(S) Of Robert Cochran (And Thomas Shaffer), Richard W. Garnett Mar 2020

The Communitarian Work And Vision(S) Of Robert Cochran (And Thomas Shaffer), Richard W. Garnett

Pepperdine Law Review

Professor Robert Cochran’s work and thought were powerfully shaped by those of his friend, mentor, and teacher, the late Professor Thomas Shaffer, a towering figure in the religious lawyering movement. A leading theme in Shaffer’s writing, one that has continued through and been developed in Cochran’s, is “community.” This Essay explores and unpacks this theme and highlights several ways that the idea of “community” functions in their vision of the lawyer’s role and vocation.


The Bar Exam And The Covid-19 Pandemic: The Need For Immediate Action, Claudia Angelos, Sara J. Berman, Mary Lu Bilek, Carol L. Chomsky, Andrea A. Curcio, Marsha Griggs, Joan W. Howarth, Eileen Kaufman, Deborah Jones Merritt, Patricia E. Salkin, Judith Welch Wegner Mar 2020

The Bar Exam And The Covid-19 Pandemic: The Need For Immediate Action, Claudia Angelos, Sara J. Berman, Mary Lu Bilek, Carol L. Chomsky, Andrea A. Curcio, Marsha Griggs, Joan W. Howarth, Eileen Kaufman, Deborah Jones Merritt, Patricia E. Salkin, Judith Welch Wegner

Faculty Publications By Year

The novel coronavirus COVID-19 has profoundly disrupted life in the United States. Among other challenges, jurisdictions are unlikely to be able to administer the July 2020 bar exam in the usual manner. It is essential, however, to continue licensing new lawyers. Those lawyers are necessary to meet current needs in the legal system. Equally important, the demand for legal services will skyrocket during and after this pandemic. We cannot close doors to the profession at a time when client demand will reach an all-time high.

In this brief policy paper, we outline six licensing options for jurisdictions to consider for …


Corporate Law And The Myth Of Efficient Market Control, William Wilson Bratton, Simone M. Sepe Mar 2020

Corporate Law And The Myth Of Efficient Market Control, William Wilson Bratton, Simone M. Sepe

Articles

In recent times, there has been an unprecedented shift in power from managers to shareholders, a shift that realizes the long-held theoretical aspiration of market control of the corporation. This Article subjects the market control paradigm to comprehensive economic examination and finds it wanting.

The market control paradigm relies on a narrow economic model that focuses on one problem only: management agency costs. With the rise of shareholder power, we need a wider lens that also takes in market prices, investor incentives, and information asymmetries. General equilibrium (GE) theory provides that lens. Several lessons follow from reference to this higher-order …


Law School News: F.A.Q.: Covid-19 And Rwu Law, Roger Williams University School Of Law Mar 2020

Law School News: F.A.Q.: Covid-19 And Rwu Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Is Law A Discipline? Forays Into Academic Culture, Gene R. Shreve Mar 2020

Is Law A Discipline? Forays Into Academic Culture, Gene R. Shreve

Cleveland State Law Review

This Article explores academic culture. It addresses the reluctance in academic circles to accord law the full stature of a discipline. It forms doubts that have been raised into a series of four criticisms. Each attacks an academic feature of law, inviting the question: Is law different from the rest of the university in a way damaging its stature as an academic discipline? The Article concludes that, upon careful examination of each criticism, none establishes a difference between law and other disciplines capable of damaging law’s stature.


Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith Mar 2020

Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith

Cleveland State Law Review

Law school is supposed to teach legal analysis and lawyering skills as well as mold law students’ professional identities. Pro bono work provides an opportunity for law students to use their legal knowledge and skills and to develop their identities as emerging legal professionals. As important as both pro bono work and identity formation are, there has been very little research regarding how pro bono contributes to students’ identity formation. This Article utilizes a data set of over forty student-client consultations at a pro bono brief advice project that have been recorded and transcribed. It uses conversation analysis to study …


Neither Smarter Nor Stronger: Bill 161 Is A Step Backwards For Access To Justice And Community-Based Legal Services In Ontario, Amar Bhatia, Janet Mosher, Jillian A. Rogin, Gemma Smyth, Erin Sobat, David Wiseman Mar 2020

Neither Smarter Nor Stronger: Bill 161 Is A Step Backwards For Access To Justice And Community-Based Legal Services In Ontario, Amar Bhatia, Janet Mosher, Jillian A. Rogin, Gemma Smyth, Erin Sobat, David Wiseman

Commissioned Reports, Studies and Public Policy Documents

Schedule 16 of Bill 161, the Smarter and Stronger Justice Act, will replace, if passed, the Legal Aid Services Act, 1998 (LASA 1998) with a new Legal Aid Services Act, 2019 (LASA 2019).

The Bill, if passed, will have profoundly negative impacts on the clients and communities served by Ontario’s community legal clinics and community-driven boards. These clinics engage in “clinic law” through: a) the determination of their communities’ legal needs; b) the provision of individual and collective legal services to provide access to justice in numerous and intersecting areas of law; and c) the development and reform of …


Vol. 58, No. 09 (March 9, 2020) Mar 2020

Vol. 58, No. 09 (March 9, 2020)

Indiana Law Annotated

No abstract provided.


Program For Advancing Equal Access To Justice By Challenging Gender Bias In The Legal Profession: What’S Next?, Women's Bar Association Of Maryland, University Of Maryland Carey School Of Law’S Moser Ethics In Action Initiative, University Of Maryland Carey School Of Law’S Women Leadership And Equality Program Mar 2020

Program For Advancing Equal Access To Justice By Challenging Gender Bias In The Legal Profession: What’S Next?, Women's Bar Association Of Maryland, University Of Maryland Carey School Of Law’S Moser Ethics In Action Initiative, University Of Maryland Carey School Of Law’S Women Leadership And Equality Program

2020: Challenging Gender Bias in the Legal Profession

No abstract provided.


Vol. 58, No. 08 (March 2, 2020) Mar 2020

Vol. 58, No. 08 (March 2, 2020)

Indiana Law Annotated

No abstract provided.


In Re Government Attorney-Client Privilege: A Categorical Rule To Settle The Issue, Luke Charette Mar 2020

In Re Government Attorney-Client Privilege: A Categorical Rule To Settle The Issue, Luke Charette

Washington and Lee Law Review Online

This Note explores the reasoning and factors used by each of the federal circuits in deciding whether or not to uphold attorney-client privilege between the government and the lawyers representing it. After considering those factors, this Note argues that there should be a categorical rule that neither a state nor the federal government may invoke the attorney-client privilege in response to a criminal grand jury subpoena. To justify this conclusion, this Note outlines how current government attorney-client privilege case law, as well as the policy underpinnings of the privilege itself, dictate that a categorical rule is appropriate.


Law School News: Stonger Together: A Black Law Student Association Photoshoot 03-02-2020, Julia Rubin, Xaviea Brown, Roger Williams University School Of Law Mar 2020

Law School News: Stonger Together: A Black Law Student Association Photoshoot 03-02-2020, Julia Rubin, Xaviea Brown, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


The Supreme Court Bar At The Bar Of Patents, Paul R. Gugliuzza Mar 2020

The Supreme Court Bar At The Bar Of Patents, Paul R. Gugliuzza

Notre Dame Law Review

Over the past two decades, a few dozen lawyers have come to dominate practice before the U.S. Supreme Court. By many accounts, these elite lawyers—whose clients are often among the largest corporations in the world—have spurred the Court to hear more cases that businesses care about and to decide those cases in favor of their clients. The Supreme Court’s recent caselaw on antitrust, arbitration, punitive damages, class actions, and more provides copious examples.

Though it is often overlooked in discussions of the emergent Supreme Court bar, patent law is another area in which the Court’s agenda has changed significantly in …


Vol. 58, No. 07 (February 24, 2020) Feb 2020

Vol. 58, No. 07 (February 24, 2020)

Indiana Law Annotated

No abstract provided.


A Baker's Dozen Of Tips For Better Web Searches, Anne Burnett Feb 2020

A Baker's Dozen Of Tips For Better Web Searches, Anne Burnett

Continuing Legal Education Presentations

Anne E. Burnett also served as Program Chair. Burnett is the Foreign and International Law Librarian for the Alexander Campbell King Law Library at the University of Georgia School of Law.


An Attorney's Guide To Business And Investigative Research, Carol A. Watson Feb 2020

An Attorney's Guide To Business And Investigative Research, Carol A. Watson

Continuing Legal Education Presentations

Carol A. Watson is the Director of Alexander Campbell King Law Library at the University of Georgia School of Law.


Introduction And Program Overview, Anne Burnett Feb 2020

Introduction And Program Overview, Anne Burnett

Continuing Legal Education Presentations

Anne E. Burnett, Program Chair; Foreign and International Law Librarian, J.D., M.L.I.S. Alexander Campbell King Law Library, University of Georgia, Athens led the introduction to the day's schedule of CLE presentations having organized and served the role as primary facilitator of the event.


Cool Tools: Apps And Other Tools For Lawyers, Billie Jo Kaufman Feb 2020

Cool Tools: Apps And Other Tools For Lawyers, Billie Jo Kaufman

Presentations

Presented in Atlanta, GA as part of the State Bar of Georgia CLE Program "Internet Legal Research" on Feb. 20, 2020, 11:20 pm.


Law School News: A Place At The Table 2-20-2020, Michael M. Bowden Feb 2020

Law School News: A Place At The Table 2-20-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Women In Law Leadership: Inaugural Lecture: A "Fireside Chat" With Gillian Lester 2-18-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen Feb 2020

Women In Law Leadership: Inaugural Lecture: A "Fireside Chat" With Gillian Lester 2-18-2020, Roger Williams University School Of Law, Michael M. Bowden, Andrea Hansen

School of Law Conferences, Lectures & Events

No abstract provided.


Vol. 58, No. 06 (February 17, 2020) Feb 2020

Vol. 58, No. 06 (February 17, 2020)

Indiana Law Annotated

No abstract provided.


Vol. 58, No. 05 (February 10, 2020) Feb 2020

Vol. 58, No. 05 (February 10, 2020)

Indiana Law Annotated

No abstract provided.


Lighting The Fires Of Learning In Law School: Implementing Aba Standard 314 By Incorporating Effective Formative Assessment Techniques Across The Curriculum, Julie L. Ross, Diana R. Donahoe Feb 2020

Lighting The Fires Of Learning In Law School: Implementing Aba Standard 314 By Incorporating Effective Formative Assessment Techniques Across The Curriculum, Julie L. Ross, Diana R. Donahoe

Georgetown Law Faculty Publications and Other Works

The American Bar Association now requires law schools to incorporate formative assessment into the law school curriculum by providing feedback to students relating to course-specific learning goals before the end-of-semester exam. Peer reviews and self-evaluations are two powerful formative assessment techniques that faculty can use to meet the new ABA standards to assess the students’ learning outcomes while courses are ongoing, creating more effective learning environments within the classroom.

This article argues that peer reviews and self-evaluations can be successfully used across the law school curriculum to deepen student understanding, encourage student cooperation, and develop students’ abilities to be self-regulated …


Vol. 58, No. 04 (February 3, 2020) Feb 2020

Vol. 58, No. 04 (February 3, 2020)

Indiana Law Annotated

No abstract provided.


Future In Law? A Profile Of Graduating College Seniors Interested In Legal Education And Careers, Accesslex Institute Feb 2020

Future In Law? A Profile Of Graduating College Seniors Interested In Legal Education And Careers, Accesslex Institute

AccessLex Institute Research

The recent decline in law school applicants is well-documented. Despite a slight increase in 2018, the number of law school applicants remains substantially lower than levels observed prior to 2011. This decrease in the demand for legal education presents an opportunity to better understand the pathway to law school and the formation of interest in pursuing a law degree or career.

The American Association of Law Schools pioneered inquiry in this area with their groundbreaking study, Before the JD: Undergraduate Views on Law School, which surveyed undergraduates from 25 four-year institutions and first-year law students from 44 law schools, …


Artificial Intelligence & Machine Learning: A Model For A New Judicial System?, Paula C. Arias Feb 2020

Artificial Intelligence & Machine Learning: A Model For A New Judicial System?, Paula C. Arias

Articles

Artificial Intelligence and Machine Learning are a result not only of technological advances but also of the exploitation of information or data, which has led to its expansion into almost all aspects of modern life, including law and its practice. Due to the benefits of these technologies, such as efficiency, objectivity, and transparency, the trend is towards the integration of Artificial Intelligence and Machine Learning in the judicial system. Integration that is advocated at all levels and, today, has been achieved mostly under the implementation of tools to assist the exercise of the judiciary. The «success» of this integration has …