Legal Profession Commons^™

The Silent But Gifted Law Student: Transforming Anxious Public Speakers Into Well-Rounded Advocates, Heidi K. Brown

Articles & Chapters

The premise of this Article is that a certain cluster of students in every law school experiences severe public speaking anxiety (as contrasted with standard low-grade nerves) — whether because of childhood upbringing, adolescent or college experiences, or new environmental triggers — and needs support to gain control of this fear instead of repressing it as a perceived weakness. This Article proposes that, with the right level of awareness and a thoughtful psychological approach, law schools can, and should, develop programs to assist students in overcoming this stumbling block. To do so, law professors first must understand that it is …

Clinical Faculty In The Legal Academy: Hiring, Promotion, And Retention , Bryan L. Adamson, Calvin Pang, Bradford Colbert, Kathy Hessler, Katherine Kruse, Robert Kuehn, Mary Helen Mcneal, David Santacroce

Faculty Articles

No abstract provided.

Unbound By Law: Keith Aoki As Our Avatar, Steven W. Bender, Ibrahim J. Gassama

Faculty Articles

Introducing the memorial symposium in the Oregon Law Review for the late Professor Keith Aoki, who taught at Oregon from 1993 to 2006, we frame the contributions of invited scholars who address Keith’s impact on the law and legal academy through his prolific work on diverse areas of law — intellectual property, local government, critical geography, Asian American jurisprudence, immigration and critical Latina/o jurisprudence. Collectively, the pieces evidence a scholar armed with an unwavering commitment to critical analysis and social justice, while wielding a vast array of cultural and intellectual influences from his career as an artist. Given Keith’s legacy …

Recent Writing On Law And Happiness, Richard Delgado

Faculty Articles

In the course of a review of recent books on the hedonic level of lawyers' lives, Professor Richard Delgado puts forward an explanation for the high rate of stress, anxiety, depression, and burnout among lawyers. Professor Delgado examines suggestions of leading authorities on how attorneys may achieve happiness, usually through extrinsic measures such as more vacations, exercise, or meditation. He also considers proposals on how supervisors can make legal workers more content, including more art work for the walls, windows with leafy outlooks, a basketball court, or more praise. Professor Delgado specifically criticizes the teachings of positive psychology, explaining that …

Painting Beyond The Numbers: The Art Of Providing Access In Law School Admissions To Ensure Full Representation In The Profession, Paula Lustbader

Faculty Articles

No abstract provided.

Un-Apologizing For Context And Experience In Legal Education, John Mckay

Faculty Articles

This Essay accompanies the Fifth Annual Symposium at Creighton University School of Law addressing the rapidly changing legal profession and our not-so-rapidly changing legal education and law school pedagogy. The Symposium's focus on the changing practice of law provides an opportunity to reconsider the woefully incomplete effort by law schools to respond to the challenge of the Carnegie Report and its many preceding critics. Rather than merely pile on, however, this Essay suggests that Jesuit law schools in particular might have something to offer their colleagues-an experiential teaching style grounded in centuries old pedagogy inspired by the founder of the …

There Is No Summer In The Courtroom, Maureen A. Howard

Articles

Pacific Northwesterners frequently lament summer’s delayed arrival to our verdant corner of the country, and this year is no exception. June was unseasonably cool and wet, and the first official weekend of summer brought grey skies, chilly breezes, and sheets of rain. It is no surprise, then, that each year, as August approaches and summer seems to have truly arrived, locals eagerly search their closets for rarely-used warm-weather attire. Lawyers are not immune from the lure to celebrate summer’s overdue arrival by breaking out tank tops, flip-flops, sunglasses, and shorts. Nonetheless, a trial lawyer needs to remember that although summer …

The Case For Value Billing In Chapter 11, Nancy B. Rapoport

Journal of Business & Technology Law

No abstract provided.

Thinking Like A Lawyer Abroad: Putting Justice Into Legal Reasoning, James Maxeiner

All Faculty Scholarship

Americans are taking new interest in legal reasoning. Thinking Like a Lawyer: A New Introduction to Legal Reasoning by Professor Frederick Schauer suggests why. According to Schauer, American legal methods often require decision-makers “to do something other than the right thing.” There has got to be a better way.

Now comes a book that offers Americans opportunities to look into a world where legal methods help decision-makers do the right thing. According to Reinhard Zippelius in his newly published Introduction to German Legal Methods, German legal methods help decision makers resolve legal problems “in a just and equitable manner.”

This …

Changing The Narrative Of Child Welfare, Matthew I. Fraidin

Georgetown Law Faculty Publications and Other Works

In child welfare, the difference we can make as lawyers for parents, children, and the state, and as judges, is to prevent children from entering foster care unnecessarily. And we can end a child’s stay in foster care as quickly as possible. To do that, we have to fight against a powerful narrative of child welfare and against the accepted “top-down” paradigm of legal services.

In this essay, Professor Fraidin suggests that we can achieve our goals of limiting entries to foster care and speeding exits from it by looking for the strengths of the people involved in our cases, …

States Side Story: Career Paths Of International Ll.M. Students, Or "I Like To Be In America", Carole Silver

Articles by Maurer Faculty

This Article draws on an empirical study of the careers of international law graduates who earned an LL.M. in the United States, and considers the role of a U.S. LL.M. as a path for building a legal career in the United States. It identifies the institutional, political, and economic forces that present challenges to graduates who attempt to stay in the United States. While U.S. law schools prize the international diversity of their graduate students, this study reveals that the U.S. legal profession is most accessible to international students from English-speaking common law countries, whose language and background allow them …

Redefining The Black Face Of Affirmative Action: The Impact On Ascendant Black Women, Kevin D. Brown, Renee E. Turner

Articles by Maurer Faculty

The racial and ethnic ancestries of blacks benefiting from affirmative action is changing, as foreign-born blacks and blacks with a non-black parent constitute disproportionately large percentages of blacks attending many selective higher education institutions. Coupled with the challenges arising from the educational achievement levels of black males during the past two decades, Brown and Turner examine the implication of these developments and the likelihood that they are creating further disadvantages for black women lawyers.

Dichotomy No Longer? The Role Of The Private Business Sector In Educating The Future Russian Legal Professions, Philip Genty

Faculty Scholarship

In his 1916 work The Law: Business or Profession?, Julius Henry Cohen describes an American legal system in which uniform standards for regulating, disciplining, and educating the profession are just beginning to be developed, albeit unevenly. In discussing the differences between a business and a profession, he argues that a profession requires a uniform set of standards to guide it in matters of ethics, as well as a system of rigorous legal education that includes a firm grounding in these ethical principles.

Perhaps most surprising for a book written in the early twentieth century – long before the …

Where Is The "Quality Movement" In Law Practice?, William H. Simon

Faculty Scholarship

The "Quality Movement" that originated in industrial production and has since influenced the professions prescribes standardized work, root cause analysis of errors, peer review, and performance measurement. While these reforms have transformed medicine and some other professions, their influence has lagged in the legal profession. This Essay reviews the limited progress of the reforms in law and assesses the cultural, institutional, and doctrinal obstacles they face.

Becoming A Legal Scholar, Samuel W. Buell

Faculty Scholarship

There is now a literature on how to become a law professor. The first book-length treatment of the subject, Becoming A Law Professor, displays a common fault of this literature in directing candidates’ focus on process at the expense of substance. The present body of material on the market for new legal academics does not persuade candidates of the necessity of locating their agendas and voices as scholars, much less does it show them how to go about that vital search. It also risks contributing to a tendency of credentialing processes to standardize resumes without improving outcomes. A second-generation literature …

Gender And Securities Law In The Supreme Court, Lyman Johnson, Michelle M. Harner, Jason A. Cantone

Faculty Scholarship

The 2010 appointment of Elena Kagan to the United States Supreme Court meant that, for the first time, three female justices would serve together on that court. Less clear is whether Justice Kagan’s gender will really matter in how she votes as a justice. This question is an especially visible aspect of a larger issue: do female judges display gendered voting patterns in the cases that come before them?

This article makes a novel contribution to the growing literature on female voting patterns. We investigated whether female justices on the United States Supreme Court voted differently than, or otherwise influenced, …

Contingent Compensation Of Post-Conviction Counsel: A Modest Proposal To Identify Meritorious Claims And Reduce Wasteful Government Spending, Christopher Robertson

Faculty Scholarship

This contribution to a symposium on post-conviction litigation argues that the lack of properly-incentivized counsel is a primary problem with our failing system of habeas litigation. The lack of counsel causes a great flood of frivolous petitions by pro se prisoners, while also preventing prisoners with meritorious claims from getting relief. The lack of counsel, and more fundamentally, the lack of funding therefor, thus perpetuates the problem of incarceration waste. Government-funded contingent compensation of post-conviction counsel may be the most promising way to help courts identify the bona fide cases deserving of relief, providing more accurate justice and saving money …

Akzo And The Debate On In-House Privilege In The European Union, Clinton R. Long

Brigham Young University International Law & Management Review

No abstract provided.

A Comparative Analysis Of Judicial Selection Methods In Tennessee And Kentucky: Appointed V. Elected, Eileen M. Forsythe

Mahurin Honors College Capstone Experience/Thesis Projects

This thesis explores the relationship between judicial independence and judicial accountability by investigating the question of how selection methods shape state appellate court decisions. I conducted a case study using the states of Tennessee and Kentucky and the judicial selection methods of appointments and elections. I then conducted a sample of cases and did a comparative quantitative analysis of reversal records between the two states in the hopes of finding a statistical difference from my research. The debate between judicial selection methods is not a simple question and this thesis alone cannot provide the answer, but I hope that my …

Practice-Ready: The False Dichotomy Between Theory And Practice, Martin J. Katz

Sturm College of Law: Faculty Scholarship

The leaders in education reform understand that the goal is to create multi-faceted and balanced graduates – those who not only understand the law at a deep level, but also know how to use the law to solve their clients’ problems. Yes, it is probably important for a future litigator to understand how to take a deposition. But if we teach that skill, it is not instead of teaching the doctrine that will support the theory of the case (and the ability to research and understand that doctrine), or even the theory behind the doctrine, which would allow the graduate …