"Civility (Part I)" Free Download
Precedent, Vol. 9, No. 2, pp. 28-30, Spring 2015
University of Missouri School of Law Legal Studies Research Paper No. 2015-11

DOUGLAS E. ABRAMS, University of Missouri School of Law

Professor Abrams authors a column, Writing It Right, in Precedent, the Missouri Bar's quarterly magazine. In a variety of contexts, the column stresses the fundamentals of quality legal writing - precision, conciseness, simplicity and clarity. Future columns will be posted as they are published, every three months or so.

"Can Law Be Art?" Free Download
Mercer Law Review, Vol. 66, p. 527, 2015

JACK L. SAMMONS, Mercer University School of Law

This article -- my part of a festschrift in my honor for which I will be forever grateful -- asks, as other have, if law can be art. The answer it offers is "yes," but with the qualification that we recover a sense of law's connection to truth as aletheia as I argue in the article. To make this argument I examine the painting in the Chauvet Cave as a way of understanding what being "art" means and how it can be connected to truth, and then examine a recovery of art's connection to truth in the work of Kandinsky as guidance for a recovery of the same in law.

"'Better Call Saul' If You Want Discoverable Communications: The Misrepresentation of the Attorney-Client Privilege on Breaking Bad" Free Download
New Mexico Law Review, Vol. 45, Spring 2015

ARMEN ADZHEMYAN, Gibson, Dunn & Crutcher LLP
SUSAN M. MARCELLA, Gibson, Dunn & Crutcher LLP

What if Breaking Bad had an alternate ending? One where the two lead characters and co-conspirators in a large methamphetamine cooking enterprise, Walter White and Jesse Pinkman, are called to answer for their crimes in a court of law. Lacking hard evidence and willing (i.e., living) witnesses, the prosecution calls upon Saul Goodman. Saul, following through on his representations to Walt and Jesse, claims all communications with his clients are protected by the attorney-client privilege. Would a federal court in the District of New Mexico or a New Mexico state court buy what Saul is selling? Although the answer is no, this question proves to be an excellent study of the nuances and limitations of the attorney-client privilege.

"Why Lawyers Fear Love: Mohandas Gandhi's Significance to the Mindfulness in Law Movement" Free Download

NEHAL A. PATEL, University of Michigan-Dearborn

Although mindfulness has gained the attention of the legal community, there are only a handful of scholarly law articles on mindfulness. The literature effectively documents the Mindfulness in Law movement, but there has been minimal effort to situate the movement into the broader history of non-Western ideas in the legal academy and profession. Similarly, there has been little recent scholarship offering a critique of the American legal system through the insights of mindfulness. In this Article, I attempt to fill these gaps by situating the Mindfulness in Law movement into the history of modern education’s western-dominated world-view. With this approach, I hope to unearth some of the deep challenges facing a mindful revolution in law that are yet to be widely discussed. In Part I, I introduce the current mindfulness movement in American society. In Part II, I summarize the current Mindfulness in Law movement and the treatment of “Eastern? thought in modern education. I also describe the three levels of change discussed in academic literature: individual, interpersonal, and structural change. In Part III, I discuss how Mohandas Gandhi exemplifies all three levels of change. In Part IV, I offer critical appreciation of the Mindfulness in Law movement by highlighting Gandhi’s insights on structural reform. I conclude that a mindful application of Gandhi’s thought suggests that satyagraha be incorporated into a constitutional framework, thus making legally protected speech out of forms of public-state dialogue that are traditionally ‘extra-legal’ and used disproportionately by marginalized populations.

"Considering the Consequences of Increased Reliance on Judicial Assistants: A Study on Dutch Courts" Free Download
International Journal of the Legal Profession, Vol. 20, No. 1, 2014

NINA HOLVAST, University of Amsterdam - Faculty of Law

Virtually all judicial systems employ judicial staff members to assist judges in their work. However, except for US Supreme Court law clerks the role of these judicial assistants in judicial decision-making is minimally understood. This observation also holds true for the Netherlands, where an increased focus on managerial issues such as efficiency and effectiveness, seems to have resulted in a growing number of judicial duties being assigned to judicial assistants. This article provides an initial reflection on such reliance on assistants. The context in which this development occurred is clarified, and the manifestation of the role of judicial assistants within the judicial process is described. This article also discusses two factors that require consideration when reliance on assistants increases: (1) the mechanisms for safeguarding the profession of the judge and the judicial assistant and (2) the position of the judicial assistant in the judicial decision-making process. The consideration demonstrates the advantages of employing judicial assistants and also sheds light on serious risks relating to an increased role of judicial assistants in judicial decision-making.


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Legal Ethics & Professional Responsibility eJournal

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