Legal Profession Commons^™

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 …

Declining Student Interest In Patent Law Reflects Declining Job Opportunities: How The Weakening Of The United States Patent System Weakened The Patent Law Profession, Patricia A. Martone

Cybaris®

No abstract provided.

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

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

NYLS Law Review

No abstract provided.

Reflections On Identifying And Mapping Learning Competencies And Outcomes: What Do We Want Law Students To Learn?, Margaret Martin Barry

NYLS Law Review

No abstract provided.

Legal Education And The Civil Law System, Rodrigo Sadi

NYLS Law Review

No abstract provided.

Legalzoom, Make Room: A La Carte Legal Services And Limited Representation Can Help Lawyers To Serve Budget-Conscius Clients, Darla Jackson

Other Faculty Publications

No abstract provided.

Ahead Of His Time: Cardozo And The Current Debates On Professional Responsibility, Alberto Bernabe

Touro Law Review

No abstract provided.

Justice Benjamin Nathan Cardozo And His Two Most Important Questions: Reflections On The Choice Of Tycho Brahe, Randy Lee

Touro Law Review

No abstract provided.

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 …

Teaching Bioethics: The Role Of Empathy & Humility In The Teaching And Practice Of Law, Barbara A. Noah

Faculty Scholarship

This essay considers the role of empathy and humility in the professional practices of physicians and lawyers and in those who prepare students for these professions. Beginning with an overview of the goals and methods of legal education, it compares similar goals in medical education and the value of practicing law (and medicine) with empathy and humility. The essay then describes exercises used in the law school classroom designed both to teach law students about end-of-life law and also to allow them to practice counseling clients. Through these exercises, law students can experience firsthand the challenges of advising a client …

Visual Literacy For The Legal Profession, Richard K. Sherwin

Articles & Chapters

Digital technology has transformed the way we communicate in society. Swept along on a digital tide, words, sounds, and images easily, and often, flow together. This state of affairs has radically affected not only our commercial and political practices in society, but also the way we practice law.

Unfortunately, legal education and legal theory have not kept up. Inconsistencies and unpredictability in the way courts ascertain the admissibility of various kinds of visual evidence and visual argumentation, lapses in the cross examination of visual evidence at trial, and inadequately theorized notions of visual meaning and the epistemology of affect tell …

Distilling Fear, Heidi K. Brown

Articles & Chapters

No abstract provided.

Distilling Fear, Heidi K. Brown

Faculty Scholarship

No abstract provided.

The Year In Spousal Support: Appeals, Material Changes And More, Rollie Thompson

Articles, Book Chapters, & Popular Press

At last year’s Family Law Summit, after reviewing the 2016 appeal cases, I focussed my presentation on two SSAG issues: location in the ranges for amount and duration; and the SSAG exceptions. 2016 was a big year for SSAG cases in the Ontario Court of Appeal, notably the decision in Mason v. Mason, 2016 ONCA 725. Mason joins the three other “must-read” SSAG appeal decisions: Fisher v. Fisher, 2008 ONCA 11; Cassidy v. MacNeil, 2010 ONCA 218; and Gray v. Gray, 2014 ONCA 659.

2016 was also the year of the release of the Revised User’s Guide, an updated user’s …

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 …

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 …

Mindful Lawyering: The Key To Creative Problem Solving, Kathleen Elliott Vinson, Samantha A. Moppett, Shailini Jandial George

Suffolk University Law School Faculty Works

Mindful Lawyering introduces students to creative problem solving and mindfulness in the context of law school and beyond, presenting checklists, scenarios, and hypotheticals that invite student engagement. The Table of Contents, Introduction, and Chapter One are available to download here.

Ask A Director: Reporting Accomplishments, Caroline L. Osborne

Scholarly Articles

None available.