Legal Profession Commons^™

Promoting Language Access In The Legal Academy, Gillian Dutton, Beth Lyon, Jayesh M. Rathold, Deborah M. Weissman

University of Maryland Law Journal of Race, Religion, Gender and Class

"Promoting Language Access in the Legal Academy," details the progress made by the legal profession in meeting the needs of individuals with limited English language proficiency. The authors outlines the current need, summarizes various approaches taken by law schools, and emphasizes the value of training bilingual law students as well as mobilizing a cadre of undergraduate interpreters.

The Landscape Of The Legal Professions In Europe And The Usa: Continuity And Change, Xiaomeng Zhang

Law Librarian Scholarship

Overall, all articles in the book are thoroughly researched, documented, and presented with in-depth scholarly analyses. Although it is entitled The Landscape of the Legal Professions in the Europe and the USA, the European focus is apparent and dominant. On the other hand, comparative methodology is employed in most of the articles, either through a comparison of Europe nations and the United States, or through comparisons and contrasts among European countries. It will be of invaluable assistance to scholars interested in legal professions and legal system specifically and foreign and comparative law in general. It will be a great addition …

Myths About Women’S Careers In Law, Patricia M. Wald

University of Baltimore Journal of International Law

Judge Wald discusses several "myths" about women's careers in the law that she has encountered in hers, including the presence of hearty pioneers who despite obstacles and a cold climate pursued satisfying legal careers decades before the "women's movement" of the 1970's; the current status of women in the profession and the impediments to their further advancement, the enduring problems they confront in maintaining the "delicate balance" between marriage, motherhood and careers and the institutional reticence to accommodate their dual role, the need for vigilance to keep the gains they have already made from slipping away, whether men and women …

Diversity In The Legal Profession Moving From The Rhetoric To Reality, Helia Garrido Hull

Faculty Scholarship

No abstract provided.

Beyond Because I Said So Reconciling Civil Retroactivity Analysis In Immigration Cases With A Protective Lenity Principle, Kate Aschenbrenner

Faculty Scholarship

No abstract provided.

Docs Versus Glocks: N.R.A. Takes Aim At Florida Physicians’ Freedom Of Speech: Leaving Patients’ Health, Safety, And Welfare At Risk, Michelle Foody

Cardozo Law Review de•novo

Part I of this Note provides background on the Act at issue, its legislative history, the current status of the Supreme Court’s free speech jurisprudence, and it also introduces the constitutional interests at stake. Part II considers the constitutionality of the Act under the existing First Amendment standard and addresses the State’s assertions under the Second Amendment. Part III proposes that the Court’s standard ought to be recalibrated, taking into account the would-be listeners’ cognizable interest in the information. Part III goes on to legitimate the proposal by reconciling this new examination standard with existing free speech jurisprudence and justifications, …

Reversing Course: A Critique Of The Court Of Appeals New Rules For Unjust Enrichment And Criminal Legal Malpractice Actions, Jay C. Carlisle Ii

Elisabeth Haub School of Law Faculty Publications

This article will discuss recent developments by the New York Court of Appeals on the doctrine of unjust enrichment and on the elimination of non-pecuniary damages in criminal legal malpractice actions. Specifically, the article will examine the cases of Georgia Malone & Co. v. Ralph Rieder and Dombrowski v. Bulson.

2013 Distinguished Alumni Award Ceremony, University Of Michigan Law School

Event Materials

Program of ceremony honoring Valerie B. Jarrett, John M. Nannes, and Theodore J. St. Antoine.

Idahoans Aren't Getting The Legal Help They Need, Patrick D. Costello

Articles

No abstract provided.

The Benefits Of Mindfulness For Litigators, Jan L. Jacobowitz

Articles

No abstract provided.

Estimating The Cost Of Civil Litigation, Paula Hannaford-Agor, Nicole L. Waters

Faculty Publications

To obtain reliable estimates of litigation costs, the National Center for State Courts (NCSC) has developed an alternative method of cost estimation: the Civil Litigation Cost Model (CLCM). The NCSC model relies on the amount of time expended by attorneys in various litigation tasks in a variety of civil cases filed in state courts. This event-based approach to estimating litigation costs is an adaptation of the methods employed by the NCSC for court workload studies. Because these tasks take place sequentially in civil litigation, the use of this approach permits the NCSC to estimate litigation costs for cases that resolve …

Oh, The Treatise!, Richard A. Danner

Faculty Scholarship

This foreword to the Michigan Law Review’s 2013 Survey of Books Related to the Law considers the history of the American legal treatise in light of the well-known criticisms of legal scholarship published by Judge Harry Edwards in 1992. As part of his critique, Edwards characterized the legal treatise as “[t]he paradigm of ‘practical’ legal scholarship.” In his words, treatises “create an interpretive framework; categorize the mass of legal authorities in terms of this framework; interpret closely the various authoritative texts within each category; and thereby demonstrate for judges or practitioners what ‘the law’ requires.” Part I examines the origins …

Lawyer Conflicts Of Interest And Sophisticated Clients, Kevin C. Mcmunigal

Utah OnLaw: The Utah Law Review Online Supplement

I like many things about Professor Milan Markovic’s article on which I have been invited to comment. He has chosen an interesting, important, and timely topic and provides a detailed and persuasive critique of the ability of sophisticated clients to understand and protect themselves from the dangers presented by attorney conflicts of interest. I found particularly interesting his examination of the psychological issues that surround a lawyer obtaining a client’s consent to a conflict of interest.

I devote this commentary, though, to two aspects of Professor Markovic’s article I find puzzling. The first is the modesty of the remedial measures …

Uk Law Notes, 2013, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Law Clinics And Lobbying Restrictions, Marcy L. Karin, Kevin Barry

Journal Articles

“Can law school clinics lobby?” This question has plagued professors for decades but has gone unanswered, until now. This Article situates law school clinics within the labyrinthine law of lobbying restrictions and concludes that clinics may indeed lobby. For ethical, pedagogical, and, ultimately, practical reasons, it is critical that professors who teach in clinics understand these restrictions. This Article offers advice to professors and students on safely navigating this complicated terrain.

Minding The Court: Enhancing The Decision-Making Process, Pamela Casey, Kevin Burke, Steve Leben

Faculty Works

A compelling and growing body of research from the fields of cognitive psychology and neuroscience provides important insights about how we process information and make decisions. This research has great potential significance for judges, who spend much of their time making decisions of great importance to others. For most judges, this research literature is not part of their judicial education. This article reviews cutting edge research about decision making and discusses its implications for helping judges and those who work with them produce fair processes and just outcomes. It builds on a 2007 American Judges Association paper that encouraged judges …

The Connected Lawyer: The Evolving 'Operating System' Of The Networked Professional, Patrick C. Brayer

Faculty Works

The legal profession must prepare for generations of networked law students and attorneys who demand interaction with a professional system in the same way they experience connection in their social system. As technology evolves, new professionals will expect more autonomy and control over their interactions. The central thesis of this Essay is that technology allows greater control of an individual’s professional interactions, and this control can provide a benefit, but devices of connection can also serve as a barrier to the authentic experiences that provide professional learning and innovation.

Oral Argument Reform In Utah's Appellate Courts: Seeking To Revitalize Oral Argument Through Procedural Modification, Clark Collings

Utah OnLaw: The Utah Law Review Online Supplement

The current institution of oral argument in the national and Utah appellate court systems must be revitalized to save a legal practice that has positively contributed to the development of the law. The purposes served by oral argument—client advocacy and equitable appellate review—cannot be lost merely because the procedure is outdated. By implementing a tentative-opinion program, oral argument will be more focused and meaningful. By reformatting the procedural logistics of oral argument, the parties will be uninhibited in their approach to the conversation. Finally, by employing judicial debiasing strategies, the judges will be aware of their confirmation bias propensities and, …

Using A Cultural Lens In The Law School Classroom To Stimulate Self-Assessment, 48 Gonz. L. Rev. 365 (2013), Julie M. Spanbauer

UIC Law Open Access Faculty Scholarship

The American Bar Association is exerting pressure on United States law schools to improve teaching effectiveness by shifting the evaluation of student learning away from input measures to focus upon output-based assessments. Yet, many legal educators appear to be resistant to and fearful of change, in part, perhaps, due to their comfort with teaching methods such as the Socratic or case-dialogue approach, which demands little accountability for teaching effectiveness and provides more time for the pursuit of the traditional goals of scholarly productivity. This method of teaching as currently utilized in law schools is also innately professor-centric performance art. The …

Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner

Faculty Scholarship

No abstract provided.