Legal Profession Commons^™

Volume 37, Issue 1 (Spring 2013)

Transcript

No abstract provided.

“Harmonizing Current Threats: Using The Outcry For Legal Education Reforms To Take Another Look At Civil Gideon And What It Means To Be An American Lawyer”, Cathryn A. Miller-Wilson

Working Paper Series

Drawing from the broad and varied literature on legal ethics, the paper demonstrates that legal education and access to justice concerns can and should be addressed simultaneously in our current political and economic climate. Current threats to legal education, and to lawyering in general, present an opportunity for legal education transformation. Applying legal ethics theory to an analysis of these threats provides support for the creation of teaching law firms, similar in size and scope to teaching hospitals, that will employ clinical teaching methodology, substantially enhance ethics teaching and significantly address the issue of access to justice.

April 2013 Newsletter

Ergo

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 46, Number 1, Spring 2013

Nebraska Transcript

Dean’s Message 2

Faculty Updates

Faculty Profile: Craig Lawson 4

Ruser Helps with Kosovo Legal Education 6

Faculty Notes 8

Burkstrand-Reid Participates in TEDxUNL 18

Big Ten Faculty Colloquia/Endowed Speakerships 20

Feature:

Beyond the Walls of McCollum Hall: Collaborating to Enhance Student Experience, Education 22

Around the College

Clement: “The Roberts Court Comes of Age” 26

The Value of a Patent? 28

Sen. Ben Nelson Reflects 30

S.T.I.R. Talks 32

Trivia Night at the Gradwohls 34

Human Trafficking is Pervasive 36

Darrel Parker’s Wrongful Conviction 38

Nebraska Adopts Uniform Bar Exam 40

December Graduation & Family Tradition Ceremony 42

Our …

Making Method Visible: Improving The Quality Of Science-Based Regulation, Pasky Pascual, Wendy Wagner, Elizabeth Fisher

Michigan Journal of Environmental & Administrative Law

Scientific inferences are theories about how the world works that scientists formulate based on their observations. One of the most difficult issues at the intersection of law and science is to determine whether the weight of evidence supports one scientific inference versus other competing interpretations of the observations. In administrative law, this difficulty is exacerbated by the behavior of both the courts and regulatory agencies. Agencies seldom achieve the requisite visibility that explains the analytical methods they use to reach their scientific inferences. Courts—because they appreciate neither the variety of inferential methods nor their epistemic foundations—do not demand this level …

Spring 2013 Magazine

Ergo

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To Lobby Or Not To Lobby: That Is An Important Question, Kermit V. Lipez

The Journal of Appellate Practice and Process

No abstract provided.

Women Ruling The Bench: Steps To Achieving Gender Parity On State Courts, Cheyenne L. Horien

Political Science Theses and Capstones

Across the United States, each state practices one of several methods of selecting judges to their courts. Many of these processes have not changed for decades and some argue this results in minorities, both gender and racial, receiving fewer spots on the bench. I focus explicitly on the gender aspect of judicial selection: Why are there fewer women judges in some states than in others? Previous literature on this topic is mixed. I analyzed data gathered from the American Judicature Society and other sources. Among the five methods (appointment, combination, merit selection, non-partisan election, partisan election), because of the many …

The Transformative Potential Of Attorney Bilingualism, Jayesh M. Rathod

University of Michigan Journal of Law Reform

In contemporary U.S. law practice, attorney bilingualism is increasingly valued, primarily because it allows lawyers to work more efficiently and to pursue a broader range of professional opportunities. This purely functionalist conceptualization of attorney bilingualism, however, ignores the surprising ways in which multilingualism can enhance a lawyer's professional work and can strengthen and reshape relationships among actors in the U.S. legal milieu. Drawing upon research from psychology, linguistics, and other disciplines, this Article advances a theory of the transformative potential of attorney bilingualism. Looking first to the development of lawyers themselves, the Article posits that attorneys who operate bilingually may, …

Predictive Coding: Emerging Questions And Concerns, Charles M. Yablon, Nick Landsman-Roos

Articles

Technology-assisted review-also referred to as "predictive coding," "computer-aided review," and "content-based advanced analytics"-is the most important development in e-discovery to have occurred in some time. While technical characterizations of the process vary largely because of differences across software platforms, basically predictive coding is a process whereby computers are programmed to search large quantities of documents using complex algorithms to mimic the document selection process of a knowledgeable, human document review. It is said to do such a review faster and without many of the dangers of human error. Because of its speed and accuracy, it has been described as a …

Making Civility Mandatory: Moving From Aspired To Required, David A. Grenardo

Cardozo Public Law, Policy & Ethics Journal

The article advocates for the adoption of mandatory civility rules in all state bars, emphasizing that voluntary codes and oaths are insufficient to address incivility among attorneys. It argues that mandatory civility is essential for the efficient administration of justice, public confidence in the legal system, and the integrity of the legal profession. The author proposes specific rules promoting courteous communication, honesty, and respect, aligning with existing professional conduct standards. The article concludes that mandatory civility, supported by education and consistent enforcement, is crucial for maintaining professionalism and fairness in the legal system.

From The Great Depression To The Great Recession: (Non-)Lawyers Practicing Deregulated Law, Michael A. Bush

West Virginia Law Review

No abstract provided.

Oh, The Treatise!, Richard A. Danner

Michigan Law Review

In his foreword to the Michigan Law Review's 2009 Survey of Books Related to the Law, my former Duke colleague Erwin Chemerinsky posed the question: "[W]hy should law professors write?" In answering, Erwin took as a starting point the well-known criticisms of legal scholarship that Judge Harry Edwards published in this journal in 1992. Judge Edwards indicted legal scholars for failing to engage the practical problems facing lawyers and judges, writing instead for the benefit of scholars in law and other disciplines rather than for their professional audiences. He characterized "practical" legal scholarship as both prescriptive (aiming to instruct attorneys, …

Quasi-Judicial Prosecutors And Post-Conviction Claims Of Innocence: Granting Recusals To Make Impartiality A Reality, Rachel Pecker

Cardozo Law Review

No abstract provided.

Invitation To Reception For Hannah Buxbaum

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.

Don't Panic: The Lawyer’S Guide To Making Your Own Mobile App, Jason Tubinis

Continuing Legal Education Presentations

Provides overview of steps used to create a personal mobile app.

Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr

Journal of the National Association of Administrative Law Judiciary

This article discusses and evaluates several forms of accountability in the administrative law judiciary, and compares them with prevalent forms of accountability in the judicial branch. Felter argues that codes of judicial conduct, as well as formal enforcement mechanisms, work together to maintain a balance of independence and accountability in the administrative law judiciary. The article analyzes the "right kinds" of accountability as distinguished from the "wrong kind" of accountability, i.e., political accountability. The article maintains that decisional independence is the cornerstone of any properly functioning adjudication system. The price of decisional independence is accountability to concepts and mechanisms other …

Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

A Judge’S Judge, Sol Wachtler

Touro Law Review

No abstract provided.