Legal Profession Commons^™

Foreword: "The Savage Wars Of Peace", Editors Of The Tennessee Law Review

Tennessee Law Review

No abstract provided.

On Competence: (Re)Considering Appropriate Legal Standards For Examining Sixth Amendment Claims Related To Criminal Defendants' Mental Illness And Disability, Sarah Gerwig-Moore

Tennessee Law Review

No abstract provided.

Divided Selves: Professional Role Distancing Among Law Students And New Lawyers In A Period Of Market Crisis, John Bliss

Sturm College of Law: Faculty Scholarship

In the terms of Erving Goffman’s classic role distancing analysis, newly admitted law students often aspire to an “embraced” lawyer role that directly expresses their personal and political values. Empirical research has suggested that during law school these students are instructed in an amoral and apolitical vision of professionalism. The literature has paid less attention to how students internally experience these norms within their continual processes of self-construction. This article takes an exploratory microdynamic look at professional identity formation drawing on longitudinal interviews and identity mapping with three student cohorts. I find that over the course of their legal education …

Skills & Values: Lawyering Process, David I.C. Thomson

Sturm College of Law: Faculty Scholarship

This legal writing text is unlike others in that it is a hybrid text, with a smaller portion in print and the rest available to professors as supplemetary materials. This offers several advantages over other books. First, it is somewhat less expensive than a traditional text, and with the significant burden of textbook costs on our students, this is an advantage they appreciate. Second, it is based on the belief that students today need to read less and do more, and be active, rather than passive, in their learning.

It is no secret to educators that our students are changing, …

Write Like A Patent Litigator: Avoid Common Mistakes Made By Non-Patent Lawyers, 17 J. Marshall Rev. Intell. Prop. L. 141 (2017), Ted L. Field

UIC Review of Intellectual Property Law

Following, or not following, conventions as an attorney may lead to a question of credibility. Particularly with patent law, there are certain conventions and usage errors commonly made by practitioners who are not familiar with patent law. While these errors may be irrelevant in plain English, they are often important components in the specialized language of patent law. This article discusses the importance of these components by examining examples of particular usages that often give rise to error.

Medical-Legal Partnerships With Communities: Legal Empowerment To Transform Care, Tamar Ezer

Articles

Medical-legal partnerships (MLPs) integrate legal services into health care settings to provide holistic care and address the social determinants of health. This article brings a legal-empowerment lens to MLP work, arguing for a stronger focus on communities. It examines the application to MLPs of bringing services to communities, investing in rights literacy, and partnering with community-based paralegals. It then outlines the potential for a transformation in health and legal services to a rights - rather than needs-based framework where communities are active partners in program design and development.

Jezebels And Jungle Bunnies: How The Stereotypes Of Black Women Shape Legislation, The Legal Profession, And Feminist Jurisprudence, Kersti Myles

The Modern American

No abstract provided.

Incorporating Social Justice Into The Law School Curriculum With A Hybrid Doctrinal/Writing Course, 50 J. Marshall L. Rev. 221 (2017), Rosa Castello

UIC Law Review

Educating future lawyers is about more than just teaching them substantive law. We are preparing professionals who will go out into our world and shape and affect it in deep and impacting ways. They will make law, enforce law, determine policy, defend people, advocate, and influence lives and businesses. Therefore, any thorough law school education should teach social justice and encourage students to become more engaged in activism. One way to incorporate social justice into the law school curriculum is to offer specific courses focused on social justice. However, administrators may be concerned about demand for such classes or ability …

Who’S Gonna Take The Weight: Using Legal Storytelling To Ignite A New Generation Of Social Engineers, 50 J. Marshall L. Rev. 231 (2017), Camille Lamar Campbell

UIC Law Review

So I ask the rhetorical question: “Who’s Gonna Take the Weight?” to mobilize law professors—the people responsible for shaping students’ professional identities—to use storytelling techniques to overcome the corrosive effects of stereotypes and implicit biases on controversial clients’ access to legal services and on the lawyer’s professional identity as a social engineer. This article precedes in two parts. Part II explores traditional client selection models and endorses a Houstonian approach to client selection, one that acknowledges the challenges of representing controversial clients within a framework that also acknowledges the social justice consequences of denying representation to controversial clients. Part III …

Beyond The ‘Resiliency’ And ‘Grit’ Narrative In Legal Education: Race, Class, And Gender Considerations, 50 J. Marshall L. Rev. 271 (2017), Christian Sundquist

UIC Law Review

The narrative on modifying legal education to produce entrepreneurial students with resiliency and “grit,” however, often has a troubling class and race-regarding dimension. This Essay argues that the “grit” reform initiative has the potential to rationalize future disparities, by shifting the focus from responding to the continuing impact of poverty and identity bias on student outcomes to bolstering individual character traits and resiliency. Our country has a long and troubling history of adopting such post-oppression “distancing moves” in order to discount the effect that systemic bias has on inequality, including disparate legal outcomes, by focusing solely on personal responsibility and …

“Who Is Really Deciding Your Case?” A Path To Restore Judicial Independence And Impartiality After Citizens United, 51 J. Marshall L. Rev. 167 (2017), Anthony Morelli

UIC Law Review

No abstract provided.

Technically Bankrupt, Brook E. Gotberg

Faculty Publications

What is the difference between a robot and a lawyer? The answer is not a joke, and may soon be a matter of great urgency for attorneys, as the legal field attempts to adjust to disruptive technologies that are likely to permanently alter the way that law is practiced throughout the United States. The consequences for failing to adjust to technological disruption for any industry, as demonstrated in recent years by big-name, bankrupt companies, can be disastrous. Legal tools found in chapter 11 of the Bankruptcy Code are largely intended to assist debtors in reorganizing their business affairs, preserving value …

Helping Students Develop Affirmative Evidence Of Cross-Cultural Competency, Neil Hamilton, Jeff Maleska

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

How Does A Radical Lesbian Feminist Who Just Knows How To Holler Somehow Become A Noted Legal Scholar, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Experiential Learning And Assessment In The Era Of Donald Trump, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

Law teaching is turning a critical corner with the implementation of new ABA accreditation standards requiring greater skills development, experiential learning, and student assessment. Years of debate and discourse preceded the adoption of these ABA Standards, followed by a surge in programming, conferencing, and list-serv activity to prepare to implement these standards effectively. Missing from the dialogue about effective implementation of standards has been thoughtful consideration of how implementing these requirements will intersect with the challenges, realities, opportunities, and complexities of political divisiveness and polarization so prevalent in society and university campuses today.

Law schools are notably implementing these pedagogical …

Communication Conundrums: Theories About And Tips For Effective Decanal Communication, 48 U. Tol. L. Rev. 211 (2017), Darby Dickerson, Marjorie Buckner

UIC Law Open Access Faculty Scholarship

Clear and effective communication is essential for any organization, including a law school, to operate effectively. But communication is often one of the trickiest skills a law dean must seek to master. Once a person adds “Dean” to the front of his or her name, communication norms change. A dean must be sensitive to power structures—whether real or perceived— that exist within the law school. A dean also must be vigilant about how she communicates with others, and how others communicate on her behalf. And she must understand that people will communicate differently with her than with others in the …

University Of Baltimore School Of Law Center On Applied Feminism's 9th Annual Feminist Legal Theory Conference On Applied Feminism Today: Keynote Speaker Judge Nancy Gertner, Former United States Federal Judge For The United States District Court For The District Of Massachusetts, Nancy Gertner

University of Baltimore Law Review

Below is a transcription of the keynote speech from the University of Baltimore School of Law Center on Applied Feminism’s 9th Annual Feminist Legal Theory Conference: Applied Feminism Today. Judge Nancy Gertner, former United States Federal Judge for the United States District Court for the District of Massachusetts, gave the keynote speech on March 4, 2016.

I was on the bench for seventeen years, and I intend to write about that experience. The problem is that while my memoir was funny, this book—on judging—is not. In my memoir, I describe the fact that the only way I could face the …

The Apps For Justice Project: Employing Design Thinking To Narrow The Access To Justice Gap, Lois R. Lupica

Faculty Publications

The lack of available resources to make civil justice available to all, coupled with the fact that existing strategies fail to account for the research on cognitive capacity and other deployment challenges faced by the poor, explain in large part why a high percentage of low-income individuals facing legal problems fail to take action to respond to their legal problems. Such a failure to respond in a timely fashion to a nascent legal problem can lead to an escalation of the initial problem and the emergence of new ones.

The access-to-justice community has begun to respond to this intensifying crisis …

Razing The Patent Bar, William Hubbard

All Faculty Scholarship

Innovation is vital to economic prosperity, and lawmakers consequently strive to craft patent laws that efficiently promote the discovery and commercialization of new inventions. Commentators have long recognized that legal fees are a significant cost affecting innovation, but remarkably a crucial driver of these costs has largely escaped scrutiny: the Patent Bar. Every year innovators spend billions of dollars on legalfees for representation in the U.S. Patent and Trademark Office ("USPTO"), where inventors apply for patents and potential infringers seek to invalidate issued patents. Supply in this essential legal services market, however, is sharply limited because patent law requires innovators …

Rock, Paper Scissors…Loot!, Michael A. Mogill

Faculty Scholarly Works

No abstract provided.