Legal Profession Commons^™

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.

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, …

The Power Of Imagination: Diversity And The Education Of Lawyers And Judges, Barry Sullivan

Faculty Publications & Other Works

No abstract provided.

Fostering Client Altruism And The Common Good In The Practice Of Law: Learning From Emerging Movements In Business And Economics, Ann Juergens, Diane Galatowitsch

Mitchell Hamline Law Review

No abstract provided.

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

Mitchell Hamline Law Review

No abstract provided.

A Penal Colony For Bad Lawyers, Bennett L. Gershman

Elisabeth Haub School of Law Faculty Publications

In this article I set out what I believe is an extreme and unconventional way to discipline egregiously bad lawyers. For starters, I think it might be useful to survey briefly the kinds of lawyering conduct currently subject to disciplinary sanctions. Regulation of the conduct of defense lawyers in the U.S. is hedged by various legal and professional rules that are enforced by courts and disciplinary bodies essentially to ensure a minimum level of competent and ethical representation. The Sixth Amendment right to counsel--the so-called “sacred” right--seeks to ensure at least a reasonable degree of lawyering skill. Also, professional codes …

The Uneasy History Of Experiential Education In U.S. Law Schools, Peter A. Joy

Dickinson Law Review (2017-Present)

This article explores the history of legal education, particularly the rise of experiential learning and its importance. In the early years of legal education in the United States, law schools devalued the development of practical skills in students, and many legal educators viewed practical experience in prospective faculty as a “taint.” This article begins with a brief history of these early years and how legal education subsequently evolved with greater involvement of the American Bar Association (ABA). With involvement of the ABA came a call for greater uniformity in legal education and guidelines to help law schools establish criteria for …

It’S All Your Fault!: Examining The Defendant’S Use Of Ineffective Assistance Of Counsel As A Means Of Getting A “Second Bite At The Apple.”, Prentice L. White

Dickinson Law Review (2017-Present)

The United States Constitution provides individuals convicted of a crime with “a second bite at the apple.” The Sixth Amendment provides an avenue to appeal one’s conviction based on the claim of “ineffective assistance of counsel.” What were the Framers’ true intentions in using the phrase “effective assistance of counsel”? How does the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 affect habeas corpus appeals? This article answers these questions through the eyes of Thomas—a fictional character who is appealing his murder conviction.

This article first looks at the history surrounding effective assistance of counsel and discusses the difficulties …

Innovation Diffusion In The Legal Industry, William D. Henderson

Dickinson Law Review (2017-Present)

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 …

Keeping Up With Your Sister Court: Unpublished Memorandums, No-Citation Rules, And The Superior Court Of Pennsylvania, Logan Hetherington

Dickinson Law Review (2017-Present)

As Pennsylvania’s intermediate appellate court of general jurisdiction, the Pennsylvania Superior Court decides thousands of cases each year. The vast majority of those cases are disposed of via unpublished memorandums. These unpublished memorandums are designated as non-precedential and may not be cited by parties before the Superior Court. As a result, litigants and their counsel may not even persuasively cite an unpublished memorandum in briefs or other papers submitted to the Court. Thus, if counsel finds an unpublished memorandum deciding the identical issue of the case at hand and counsel is before the Superior Court judge who authored that opinion, …

Big Law, Public Defender-Style: Aggregating Resources To Ensure Uniform Quality Of Representation, M. Eve Hanan

Scholarly Works

Stories abound of public defenders who, overwhelmed with high caseloads, allow defendants to languish in pre-trial detention and guilty pleas to be entered without examining the merits of the case. Most defendants cannot afford to hire an attorney, and, thus, have no choice other than to accept the public counsel appointed by the court. In this Essay, I consider whether Professor Benjamin Edwards' central argument in The Professional Prospectus: A Call for Effective Professional Disclosure '-that attorneys should provide potential clients with a prospectus disclosing their performance history-applies to criminal defense. I reject the proposition that most people charged with …

Examining Value, Measuring Engagement: A National Study Of The Long-Term Outcomes Of A Law Degree, Accesslex Institute, Gallup

Commissioned Research

By 2019, over 3 million Americans will be enrolled in a graduate program. This is an important and difficult choice for most students, given the time, money and uncertain job prospects associated with advanced degrees. The decision to attend law school is particularly challenging, as student loan burden and job market competitiveness have increased significantly since the end of the Great Recession. Furthermore, as noted by the National Task Force on Lawyer Well-Being, the legal profession is “at a crossroads” caused by a dwindling market share, waning public confidence and mental health issues among lawyers. These challenges call for a …

Measuring Law School Clinics, Colleen Shanahan, Jeffrey Selbin, Alyx Mark, Anna Carpenter

Faculty Articles

Legal education reformers have long argued that law school clinics address two related needs: first, clinics teach students to be lawyers; and second, clinics serve low-income clients. In clinics, so the argument goes, law students working under the close supervision of faculty members learn the requisite skills to be good practitioners and professionals. In turn, clinical law students serve clients with civil and criminal justice needs that would otherwise go unmet. Though we have these laudable teaching and service goals — and a vast literature describing the role of clinics in both the teaching and service dimensions — we have …

2017 Survey Of Rhode Island Law: Cases And Public Laws Of Note

Roger Williams University Law Review

No abstract provided.

Law Library Blog (January 2018): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

On The Basis Of Sex: Examining John Grisham's Legal Fiction Through Feminist Theory, Viviana I. Vasiu

Florida A & M University Law Review

John Grisham’s legal fiction takes readers to a thrilling land where attorneys are the new heroes, fighting against the dark forces of injustice, corruption, and greed. Alas, in these masterfully crafted thrillers lies a force darker than all: Grisham’s writing has negatively molded our perception of women in the law and beyond. “[F]ictional portrayals can have a powerful impact on perceptions of real-life professionals.” Applying feminist theory to a text can unearth such portrayals and the ideology that “Western culture is fundamentally patriarchal” in literature in order to effectuate change. Analyzing text through the lens of feminist theory requires asking …

In Memory Of Roderick Glen Ayers, Jr. (1947–2017), Professor Of Law, St. Mary's University School Of Law, Craig A. Gargotta, William R. "Dick" Davis Jr.

St. Mary's Law Journal

On September 27, 2017, Glen Ayers, a former professor at St. Mary’s School of Law, passed away suddenly and unexpectedly. Two St. Mary's alumni—Bankruptcy Judge Craig A. Gargotta (1989) and William R. “Dick” Davis, Jr. (1983)—have provided this tribute to an icon of San Antonio’s bankruptcy bar.

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

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?

The Language Of Neutrality In Supreme Court Confirmation Hearings, Carolyn Shapiro

Dickinson Law Review (2017-Present)

At Justice Neil Gorsuch’s confirmation hearing, then-Judge Gorsuch repeatedly insisted that judging involves no more than examining the legal materials—like statutes and precedents— and applying them to the facts of the case. There is, he emphasized, no room for a Justice’s “personal views,” and he refused even to state his agreement (or disagreement) with such iconic cases as Loving v. Virginia and Griswold v. Connecticut. Instead, then Judge Gorsuch reiterated only that they were precedents of the Court and thus entitled to respect. Frustrating as his answers may have been to some senators, however, they differed from answers given …