Legal Profession Commons^™

Cross-Boarder Teaching And Collaboration, Kimberly D. Ambrose, William H.D. Fernholz, Catherine F. Klein, Dana Raigrodski, Stephen A. Rosenbaum, Leah Wortham

Chapters in Books

Since the publication of Best Practices for Legal Education, the globalization of both legal education and law practice has exploded. Today’s lawyers increasingly serve border-crossing clients or clients who present with transnational legal issues. As law schools expand their international programs, and enroll increasing numbers of non-U.S. law students, law students transcend cultural and legal borders. As a result, they deepen their understanding of—and sharpen their critical perspective on—their own national systems. Similarly, U.S. law teachers are increasingly called to engage in border-crossing teaching and other academic pursuits. Best Practices did not address these issues. The primary aim of …

Taking Teaching And Learning Seriously: A Tribute To Professor Susan Martyn, Irma S. Russell

Faculty Works

Professor Susan Martyn is an inspiring and dedicated teacher. She inspires me by her teaching, her work with students in the classroom, as well as with lawyers in continuing legal education programs, and her writing for scholars and the public. The invitation to write in a law review edition honoring this amazing professor and scholar provided the opportunity to contemplate a topic that is central to my life and the lives of most who teach: What is good teaching, and how do we increase good teaching and good learning in legal education today? We are in a time of stunning …

J.K.C. V. T.W.C., Richard Pearsall

NYLS Law Review

No abstract provided.

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

Intercultural Effectivenss, Mary A. Lynch, Robin Boyle, Rhonda Magee, Antoinette Sedillo López

Faculty Publications

(Excerpt)

The legal profession has recognized the need for cross-culturally competent lawyers. The American Bar Association, state and local bar associations, and other professional development experts have called for lawyers to develop cultural competencies. While the terminology used is not consistent, at its core, this call expresses a commitment to legal education that embraces the strengths of diverse student bodies and client populations. Legal education should more effectively help students examine how legal structures can ignore, silence, and devalue alternative perspectives and diverse identities.

BEST PRACTICES FOR LEGAL EDUCATION suggested that legal education should include training about cross-cultural competence, cited …

Redefining Professionalism, Rebecca Roiphe

Articles & Chapters

Most scholars condemn professionalism as self-serving, anti-competitive rhetoric. This Article argues that professionalism can be a positive and productive way of thinking about lawyers’ work. While it is undoubtedly true that the Bar has used the ideology of the professional role to support self-interested and bigoted causes, professionalism has also served as an important way of developing and marshalling group identity to promote useful ends. The critics of professionalism tend to view it as an ideology, according to which professionals, unlike businessmen, are concerned not with their own financial gain but with the good of their clients and the community …

Latcrit Praxis @ Xx: Toward Equal Justice In Law, Education And Society, Tayyab Mahmud, Athena D. Mutua, Francisco Valdes

Journal Articles

This article marks the twentieth anniversary of Latina and Latino Critical Legal Theory or the LatCrit organization, an association of diverse scholars committed to the production of knowledge from the perspective of Outsider or OutCrit jurisprudence. The article first reflects on the historical development of LatCrit’s substantive, methodological, and institutional commitments and practices. It argues that these traditions were shaped not only by its members’ goals and commitments but also by the politics of backlash present at its birth in the form of the “cultural wars,” and which have since morphed into perpetual “crises” grounded in neoliberal policies. With this …

Frenemies Of The Court: The Many Faces Of Amicus Curiae, Helen A. Anderson

University of Richmond Law Review

No abstract provided.

Sleeping? Comatose? Only Mandatory Consideration Of Mediation Can Awake Sleeping Beauty In The European Union, Giuseppe De Palo, Romina Canessa

Cardozo Journal of Conflict Resolution

A 2014 European Parliament-commissioned study, "Rebooting the Mediation Directive: Assessing the Limited Impact of Its Implementation and Proposing Legislative and Non-Legislative Measures to Increase the Number of Mediations in the EU," ("Rebooting Study") has initiated a much needed review and debate on effective mediation policy. The Rebooting Study, which recommended mandatory mediation for EU litigants with an ability to opt-out and enforcement of the 2008 EU Mediation Directive's Balanced Relationship Target Number ("BRTN") concluded, among other findings, that despite increased awareness of mediation and numerous studies and assessments, which have proved its benefits, mediation still remains largely under-utilized as a …

How To Conduct Effective Telephone And E-Mail Negotiations, Charles B. Craver

Cardozo Journal of Conflict Resolution

In this article, we will explore the ways in which negotiators use telephone and e-mail exchanges to consummate deals. Which factors should they consider when they talk on the telephone? What issues do cell phones raise that are not associated with traditional landlines? How do e-mail interactions differ from in-person and telephonic dealings? What can individuals do to optimize their use of these bargaining channels?

More Than Decisions: Reviews Of American Law Reports In The Pre-West Era, Richard A. Danner

Faculty Scholarship

In the early nineteenth century, both general literary periodicals and the first American legal journals often featured reviews of new volumes of U.S. Supreme Court and state court opinions, suggesting their importance not only to lawyers seeking the latest cases, but to members of the public. The reviews contributed to public discourse through comments on issues raised in the cases and the quality of the reporting, and were valued as forums for commentary on the law and its role in American society, particularly during debates on codification and the future of the common law in the 1820s. James Kent saw …

Monroe Freedman: Servant Leader, Bridge Builder, Susan Saab Fortney

Faculty Scholarship

Without question, Monroe was dedicated to serving others, wholeheartedly committed to helping clients and community members achieve their potential. As many have attested, Monroe epitomized the servant leader who freely gives time and support to others. I hope that the many people whom Monroe touched will continue to be sustained by Monroe’s ethic of service.

Conceptualizing Student Practice For The 21st Century: Educational And Ethical Considerations In Modernizing The District Of Columbia Student Practice Rules, Wallace J. Mlyniec, Haley D. Etchison

Georgetown Law Faculty Publications and Other Works

This article traces the history of the amendment process. It provides a short history of student practice rules and then, using the student practice rule in effect in the District of Columbia prior to the 2014 amendments, describes the various components of those rules that courts and bars across the nation have implemented to assist courts, advance legal education, and preserve advocates’ ethical obligations to clients. It then describes some of the comments to the proposed amendments offered by the District of Columbia Bar and other D.C. lawyers during the public comment period and the modifications to the District of …

Learning And Lawyering Across Personality Types, Ian Weinstein

Faculty Scholarship

Personality theory illuminates recurring problems in law school teaching. While the roots of modern personality theory extend back to Hippocrates and the theory of the four humors, contemporary ideas owe much to Carl Jung's magisterial book, Psychological Types. Jung's work gave us the categories of introvert and extrovert, as it explored what has come to be understood as the cognitive bases for our habits of mind. These are powerful ideas but also complex and sometimes obscure. Applying them to law school teaching and learning (and law practice) can be very fruitful, if we pay careful attention to ourselves and colleagues, …

Copyright Or Trade Dress? Toward Ip Protection Of Multisensory Effect Designs For Immersive Virtual Environments, Elii Cho

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Blockchain: A Proposal To Reform High Frequency Trading Regulation, Christina Batog

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Foreword—Establishing A Firm Foundation For The Small Law Practice, Eric J. Gouvin

Faculty Scholarship

On March 26, 2014, the Western New England Law Review sponsored a symposium entitled "Firm Foundations: Managing the Small Firm and Individual Practitioner." The symposium presentations provided perspectives on the often-overlooked world of small firm practice.

A few influential books about the state of legal education and the future of the legal profession prompted public outcry from bar associations across the country to weigh in on the perceived problems of American legal education. The debate has resulted in some real changes in law school programs.

Legal education is in the midst of major changes. For decades, law schools have been …

How Improving Decision-Making And Mindfulness Can Improve Legal Ethics And Professionalism, Peter H. Huang

Publications

Lawyers who behave unethically and unprofessionally do so for various reasons, ranging from intention to carelessness. Lawyer misconduct can also result from decision-making flaws. Psychologist Chip Heath and his brother Dan Heath, in their best-selling book, Decisive: How to Make Better Decisions in Life and Work, suggest a process to improve people’s decision-making. They introduce the acronym WRAP as the mnemonic for these decision-making heuristics: (1) Widen your options, (2) Reality-test your assumptions, (3) Attain distance before deciding, and (4) Prepare to be wrong. The WRAP process mitigates these cognitive biases: (1) narrow framing of a decision problem, (2) …

Lawyers And Spoiled Identity, Paul Campos

Publications

No abstract provided.

The Clerks Of The Four Horsemen (Part Ii, George Sutherland And Pierce Butler), Barry Cushman

Journal Articles

The names of Holmes clerks such as Tommy Corcoran and Francis Biddle, of Brandeis clerks such as Dean Acheson and Henry Friendly, and of Stone clerks such as Harold Leventhal and Herbert Wechsler ring down the pages of history. But how much do we really know about Carlyle Baer, Tench Marye, or Milton Musser? This article follows the interesting and often surprising lives and careers of the men who clerked for the Four Horsemen - Justices Van Devanter, McReynolds, Sutherland, and Butler. These biographical sketches confound easy stereotypes, and prove the adage that law, like politics, can make for strange …