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Full-Text Articles in Legal Profession

Negotiation Map For Teaching And Practice, Harold I. Abramson Jan 2024

Negotiation Map For Teaching And Practice, Harold I. Abramson

Scholarly Works

Negotiations can move at lightning speed in unpredictable directions, leaving you seconds to instinctively act. Your instinct can be informed by first-hand experiences, formal education, and mistakes. You can boost your instinct by using the negotiation map in this article for tracking where you are and guiding where you and others should go to reach a resolution. This three-part map solves a puzzle that has confounded me for a couple decades. It offers a succinct and practical schematic that has the capacity to incorporate much of the exponential growth in literature and learning since Getting to Yes was published in …


Advanced Online Continuing Legal Education: How To Leverage Technology-Mediated Education For Lawyers' Lifelong Learning, Seth C. Oranburg Jan 2024

Advanced Online Continuing Legal Education: How To Leverage Technology-Mediated Education For Lawyers' Lifelong Learning, Seth C. Oranburg

Scholarly Articles

Continuing legal education ("CLE") is theoretically important not only for lawyers but also for society. CLE aims to keep lawyers' knowledge of ever-changing law and technology up to date so that lawyers can continue advancing law on its long bend toward justice. CLE can socialize lawyers to the rapidly changing human phenomenon we call culture so that they remain keenly aware of what justice requires. And CLE could help attorneys fulfill their duty of technological competence by keeping attorneys' understanding of legal technology current. For these reasons, as well as others, most states mandate that lawyers take several hours of …


Innovative Approaches To On-Demand Continuing Legal Education Ethics Training: A Case Study, Tigran W. Eldred, Molly J. Walker Wilson Jan 2024

Innovative Approaches To On-Demand Continuing Legal Education Ethics Training: A Case Study, Tigran W. Eldred, Molly J. Walker Wilson

Faculty Scholarship

In the ongoing discussions about continuing legal education (CLE), concerns have been raised about the quality of programming that is created and delivered. Critics have emphasized the weaknesses in mandatory programs, arguing that requiring annual training on topics such as legal ethics tends to fall short of stated goals.1 Too often, it is said, such programs fail to deliver content in an engaging manner that is likely to improve competence.2 The picture conjured up is of the bored lawyer, sitting in the back of a room flipping through a newspaper or some other distraction, as CLE instructors passively …


Moving Beyond Statements And Good Intentions In U.S. Law Schools, Angela Onwuachi-Willig Jan 2024

Moving Beyond Statements And Good Intentions In U.S. Law Schools, Angela Onwuachi-Willig

Faculty Scholarship

This Article seeks to answer these questions about how law school leaders might help to cultivate antiracist cultures within their law schools, among their students, and across the legal profession, even in the face of a growing national backlash against antiracism, diversity, equity, and inclusion.32 Part I first establishes why it is important for law schools to "provide [an] education to law students on bias, cross-cultural competency, and racism," as the American Bar Association (ABA) requires, and to train future lawyers who have the abilities to combat racism. 33 In so doing, Part I defines key terms such as …


Feedback Loops: Fortifying Feedback, Patrick Barry Jan 2024

Feedback Loops: Fortifying Feedback, Patrick Barry

Articles

Feedback has an Important role to play in the fight against impostor syndrome and its many toxic by-products, including isolation, dread, depression, drops in motivation, and negative self-talk. In 2013, for example, one of the American Psychological Association’s oicial publications, gradPSYCH magazine, ran a cover story called “Feel like a Fraud?” that highlighted the stabilizing power that the right kind of feedback can provide. “he thing that made so much diference was supportive, encouraging supervision,” explained a graduate student interviewed for the story.


Is You Is Or Is You Ain’T My Client? Navigating The Mysteries Of Prospective And Organizational Representation, Leonard Niehoff Jan 2024

Is You Is Or Is You Ain’T My Client? Navigating The Mysteries Of Prospective And Organizational Representation, Leonard Niehoff

Articles

Many years ago, I was trying a civil case that had stretched on for weeks in a federal court in Detroit. The counsel tables for both parties were covered with briefs, coffee cups, memoranda, books, water pitchers, examination outlines, yellow writing pads, and all the other litter that inevitably piles up during long trials. It appeared that we had moved in, just as at our actual homes it appeared that we had moved out.


The Joy Of The Fight: What Litigators Can Learn From The Martial Arts, Len Niehoff, Tim Lynch Jan 2024

The Joy Of The Fight: What Litigators Can Learn From The Martial Arts, Len Niehoff, Tim Lynch

Articles

You walk into a martial arts training studio (in Japanese styles, a dojo) and you scan the room. Everything going on here looks, well, unpleasant. In one corner, you observe a group of students performing kata, choreographed sequences of kicks, punches, and blocks that simulate the experience of fighting multiple opponents. Sweat pours off them. In another corner, you see two students engaged in sparring exercises, or kumite. The sharp, smacking noise of one student striking the protective pads worn by another carries across the room. In a third corner, you notice students doing push-ups, working their muscles until their …


To Legitimacy And Beyond: A Reform Agenda To Restore Public Confidence In The Federal Courts, Charles G. Geyh Dec 2023

To Legitimacy And Beyond: A Reform Agenda To Restore Public Confidence In The Federal Courts, Charles G. Geyh

Articles by Maurer Faculty

The article begins by describing he ongoing cycle of anti-court sentiment directed at the federal courts. It situates that cycle in historical context, to the end of showing how independence norms have evolved to constrain more draconian efforts to curb the courts in those cycles. The article then explains why the latest cycle is unusually aggressive and why norms that have protected the judiciary’s independence for generations may be at risk if public skepticism of the courts reaches the point of undermining the judiciary’s perceived legitimacy. Next, the article sorts through the definitional clutter that complicates assessments of whether the …


Large Language Models: Ai's Legal Revolution, Adam Allen Bent Dec 2023

Large Language Models: Ai's Legal Revolution, Adam Allen Bent

Pace Law Review

This article contemplates and advocates for the use of Artificial Intelligence (“AI”) through Large Language Models (“LLM”) in legal practice. The author ultimately addresses the need to orient LMMs within varying legal contexts including academia, private practice, as well as the U.S. court system. Additionally, the author emphasizes the inevitability of AI and LLM systems infiltrating legal practice, and the reality that the industry must acknowledge and accept these systems to regulate and to provide better while still ethical legal services. Large Language Models: AI’s Legal Revolution, begins by walking the reader through the history of technological innovation of AI, …


Law School News: For 30 Years: A Justice-Centered Mission 12-19-2023, Helga Melgar Dec 2023

Law School News: For 30 Years: A Justice-Centered Mission 12-19-2023, Helga Melgar

Life of the Law School (1993- )

No abstract provided.


Clark Memorandum: Fall 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society Dec 2023

Clark Memorandum: Fall 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum


Investigating The Benefits Of Live Remote Proctoring, State Bar Of California Dec 2023

Investigating The Benefits Of Live Remote Proctoring, State Bar Of California

Grantee Research

This research project evaluated the Live Remote Proctoring (LRP) for the First-Year Law Students’ Examination (FYLSX) in terms of test performance, examinee experience, and exam violation incidents.

Utilizing LRP in the October 2022 FYLSX, the study compared this session to 20 previous exams spanning from 2012 to 2022 and analyzed post-exam feedback and violation reports. The findings indicate that LRP did not conclusively outperform previous remote testing modalities in terms of exam performance. While there was a modest improvement in pass rates, it fell within the expected range of historical fluctuations, suggesting that LRP may not have been the influencing …


Foreword, The Honorable L. A. Harris Jr. Dec 2023

Foreword, The Honorable L. A. Harris Jr.

University of Richmond Law Review

“Your writing is so bad you will not be considered for Law Review and there is some question about your admittance to Law School.”

Life is strange and ironic. In 1974 as a second year law student at the T. C. Williams School of Law at the University of Richmond, I was invited to submit an article to determine if I would be permitted to serve on the Law Review. A member of the Law Review evaluated my article and met with me. In summation he said my writing was so bad that I would not be considered for Law …


A Perfect Storm For Legal Education: Privatization, Polarization, And Pedagogy, Rachel F. Moran Dec 2023

A Perfect Storm For Legal Education: Privatization, Polarization, And Pedagogy, Rachel F. Moran

Faculty Scholarship

Today, the legal profession faces new challenges to its integrity and legitimacy due to technological change, rising political polarization, and a stratified bar. In this Article, I first explore how technological innovations are undermining lawyers’ claims to a unique monopoly based on expert professionalism. These technologies are designed to transform routinized law practice in ways that improve efficiency. With little focus on attorneys’ obligations to serve the greater good, technology entrepreneurs emphasize practical advantages over traditional forms of representation. These proponents promise reduced costs and superior results through a single-minded commitment to market dynamics. Those promises in turn depend on …


Roger Williams University School Of Law Alumni Association 2023 Holiday Reception, Roger Williams University School Of Law Nov 2023

Roger Williams University School Of Law Alumni Association 2023 Holiday Reception, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Roger Williams University School Of Law Alumni Association 2023 Holiday Reception, Roger Williams University School Of Law Nov 2023

Roger Williams University School Of Law Alumni Association 2023 Holiday Reception, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Vol. 65, No. 13 (November 20, 2023) Nov 2023

Vol. 65, No. 13 (November 20, 2023)

Indiana Law Annotated

No abstract provided.


To Write Or Not To Write: The Ethics Of Judicial Writings And Publishing, Nick Badgerow, Michael Hoeflich, Sarah Schmitz Nov 2023

To Write Or Not To Write: The Ethics Of Judicial Writings And Publishing, Nick Badgerow, Michael Hoeflich, Sarah Schmitz

St. Mary's Journal on Legal Malpractice & Ethics

Judges are bound by the Model Code of Judicial Conduct promulgated by the American Bar Association and adopted most states, including the federal judiciary. Within these rules governing judicial conduct, Judges owe duties to the public and to their calling, to be (and appear to be) objective, fair, judicious, and independent. When judges venture into the realm of extrajudicial writing—in the form of fiction novels, short stories, legal books, children’s books, and the like—they must consider the ethical bounds of that expression. The Model Code of Judicial Conduct imposes five main constraints upon extrajudicial writings: (a) a judge may not …


Why The Dobbs Draft Release Makes It Tougher To Teach Legal Ethics, Lynne Marie Kohm Nov 2023

Why The Dobbs Draft Release Makes It Tougher To Teach Legal Ethics, Lynne Marie Kohm

St. Mary's Journal on Legal Malpractice & Ethics

No abstract provided.


Vol. 65, No. 12 (November 13, 2023) Nov 2023

Vol. 65, No. 12 (November 13, 2023)

Indiana Law Annotated

No abstract provided.


Vol. 65, No. 11 (November 6, 2023) Nov 2023

Vol. 65, No. 11 (November 6, 2023)

Indiana Law Annotated

No abstract provided.


2023 Women In Robes, Roger Williams University School Of Law Nov 2023

2023 Women In Robes, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Symposium On Transformative Gender Law: A Roger Williams Law Review Event 11-3-2023, Roger Williams University School Of Law Nov 2023

Symposium On Transformative Gender Law: A Roger Williams Law Review Event 11-3-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


7th Annual Stonewall Lecture Series - The Battle For Pride: Yesterday, Today & Tomorrow 2023, Roger Williams University School Of Law Nov 2023

7th Annual Stonewall Lecture Series - The Battle For Pride: Yesterday, Today & Tomorrow 2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Learning To Do Good While Doing Well 11-2023, Roger Williams University School Of Law Nov 2023

Learning To Do Good While Doing Well 11-2023, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Vol. 65, No. 10 (October 30, 2023) Oct 2023

Vol. 65, No. 10 (October 30, 2023)

Indiana Law Annotated

No abstract provided.


Vol. 65, No. 09 (October 23, 2023) Oct 2023

Vol. 65, No. 09 (October 23, 2023)

Indiana Law Annotated

No abstract provided.


Law School News: A Courtroom Drama Worth Watching 10-22-2023, Suzi Morales Oct 2023

Law School News: A Courtroom Drama Worth Watching 10-22-2023, Suzi Morales

Life of the Law School (1993- )

No abstract provided.


Vol. 65, No. 08 (October 16, 2023) Oct 2023

Vol. 65, No. 08 (October 16, 2023)

Indiana Law Annotated

No abstract provided.


Heyman Center Presents: Chat Gd Ai In Law Practice, Heyman Center On Corporate Governance, Joe Green, Laura Chao Oct 2023

Heyman Center Presents: Chat Gd Ai In Law Practice, Heyman Center On Corporate Governance, Joe Green, Laura Chao

2023–2024 Flyers

Interested in artificial intelligence? Want to know how law firms are leveraging AI? Can AI replace the modern lawyer? Come join us with 2 experts from Gunderson Dettmer: Joe Green, Chief Innovation Officer and Laura Chao, Practice Innovation Attorney.