Table of Contents

Arbitration's Discontents: Between the Pernicious and the Precarious

William W. Park, Boston University - School of Law

Legal Education in Transition: Trends and Their Implications

Sheldon Krantz, Georgetown University - Center for the Study of the Legal Profession
Michael A. Millemann, University of Maryland Francis King Carey School of Law

Busy Practitioner's Guide to Legal Philosophy – Introduction to Hart's Theory of Law

Karolina Anna Sieler, Edinburgh Napier University - School of Accounting, Financial Services and Law

Addressing Twin Crises in the Law: Underserved Clients and Underemployed Lawyers

James R. Holbrook, University of Utah - S.J. Quinney College of Law
Jonathan R. Hornok, Supreme Court of the State of Utah

Expanding the Pathways to Gender Equality in the Legal Profession

Hannah Brenner, Michigan State University - College of Law

Taming the Tigers: Domestic Violence, Legal Professionalism and Well-Being

Jill C. Engle, Penn State Law


"Arbitration's Discontents: Between the Pernicious and the Precarious" Free Download
In Mélanges en L'Honneur du Professeur Bernard Audit 581 (2014)
Boston Univ. School of Law, Public Law Research Paper No. 14-54

WILLIAM W. PARK, Boston University - School of Law

Arbitration has become a victim of its own success, as its wider use has triggered a flood of doubt, disapproval and denunciation. In consequence, higher visibility for arbitral proceedings and awards has led to increased criticism, both just and unjust, with respect to arbitrator independence and impartiality. A robust dispute resolution process requires balance between fairness and efficiency, keeping arbitrators free from taint while at the same time reducing the prospect of dilatory tactics aimed at sabotaging proceedings. If litigants hope to have their disputes resolved by intelligent and experienced individuals, criteria for arbitrator impartiality and independence will need to be implemented with sensitivity to nuanced and complex fact patterns.

"Legal Education in Transition: Trends and Their Implications" Free Download
Nebraska Law Review, Forthcoming
U of Maryland Legal Studies Research Paper No. 2014-39

SHELDON KRANTZ, Georgetown University - Center for the Study of the Legal Profession
MICHAEL A. MILLEMANN, University of Maryland Francis King Carey School of Law

This is a pivotal moment in legal education. Revisions in American Bar Association accreditation standards, approved in August 2014, impose new requirements, including practice-based requirements, on law schools. Other external regulators and critics are pushing for significant changes too. For example, the California bar licensing body is proposing to add a practice-based, experiential requirement to its licensing requirements, and the New York Court of Appeals, New York’s highest court, is giving third-year, second semester students the opportunity to practice full-time in indigent legal services programs and projects. Unbeknown to many, there have been significant recent changes in legal education that have added practice-based courses, or practice-based components to courses, in all three years of legal education. Increasingly, law schools are reaching beyond the JD to establish projects in which graduates learn while practicing law. The innovations include first-year courses in which students engage in actual legal work to help provide legal services to clients; technology clinics in which students use or build state-of-the-art technology to help pro se litigants more effectively represent themselves; diversified experiential courses, including “practicums;? and post-JD “incubator,? “fellowship,? “residency,? “apprenticeship,? and “job corps? programs in which law graduates, and sometimes law students, practice and learn from practice. It is a dynamic period in which law schools, including through comprehensive strategic planning, should regain the leadership in facing the present and future challenges. The factors contributing to change — for example, the tough job market, reduced law school applications, interventions of regulators, U.S. News & World Report rankings and increased competition among law schools — are not likely to substantially change in the near future. Law schools are in, should be in, and will be in a period that calls for sustained innovation.

"Busy Practitioner's Guide to Legal Philosophy – Introduction to Hart's Theory of Law" Free Download

KAROLINA ANNA SIELER, Edinburgh Napier University - School of Accounting, Financial Services and Law

Philosophy of law seems to be a somewhat neglected topic in legal discussions. If we are lucky enough, as students we have absorbed some glimpses of legal theories at university, and we might even vaguely remember the distinction between natural law and positivism. But later on, as practitioners, we dive so deeply into advising (and billing) our clients, that we forget we are all triggers in a greater machine – the machine of the legal system the purpose of which is to ensure justice in the society. This article introduces the basic framework of one of the revolutionary theories of law proposed in the second half of the 20th century – Hart’s concept of a legal system – and discusses some of the problems with Hart’s theory, setting them out in a way which is accessible to both students and practitioners of law.

"Addressing Twin Crises in the Law: Underserved Clients and Underemployed Lawyers" Free Download
2014 Utah Law Review OnLaw 15

JAMES R. HOLBROOK, University of Utah - S.J. Quinney College of Law
JONATHAN R. HORNOK, Supreme Court of the State of Utah

The legal profession faces two unprecedented crises: underserved middle class clients and underemployed lawyers. On September 27, 2013, members of the Utah bench, bar, and academy gathered to discuss these crises at the Twin Crises in the Law CLE, sponsored by the Utah State Bar and Utah Law Review OnLaw. Papers from the CLE presenters are collected in this volume of Utah Law Review OnLaw.

"Expanding the Pathways to Gender Equality in the Legal Profession" Free Download
Legal Ethics, Volume 17, Part 2, September 2014

HANNAH BRENNER, Michigan State University - College of Law

The problem of gender equality among lawyers has been a subject of significant research, study and action across the globe. It is well known that despite women's entrance into law school in relatively equal numbers to men over the past few decades, they remain significantly under-represented in positions of leadership and power across sectors of the legal profession. Progress has come to a standstill, making this a particularly critical time to examine the ways we conceptualise the problem and rethink the solutions. The legal profession, as a gatekeeper of equality and as an institution committed to the preservation of rights, should be emblematic of gender equality. Responsibility for addressing the problematic gender dynamics is something that lies with the entire profession and should be framed as a matter of ethics. To date, the conversation on this issue has been relatively insular and this essay argues for an expansion of this conversation to include the entire bar. Toward this end, this essay suggests that there are new ways to think about pathways to gender equality by expanding the boundaries that have defined the problem. First, it has been defined in a way that focuses almost exclusively on those already engaged in the practice of law, often at the highest echelons of (private) practice to the exclusion of other sectors, especially legal education. Second, the existing movement has almost unilaterally focused on the structural impediments within the legal system or the characteristics of law practice itself that exist as roadblocks to women, ignoring significant barriers that are not necessarily unique to women lawyers but impede the progress of women generally. The movement also often fails to extend beyond geographic borders of a particular country, thereby eliminating the potential for a global conversation. In crafting solutions, there has been little acknowledgement of the role of legal education.

"Taming the Tigers: Domestic Violence, Legal Professionalism and Well-Being" Free Download

JILL C. ENGLE, Penn State Law

Domestic violence kills thousands of American women every year. In 2013, one of them was my client. My law school clinic represented a woman divorcing her abusive husband after twenty years of marriage. Three days after we served him with the divorce complaint, he walked into the grocery store where she worked and shot her dead. He then turned the gun on himself, and died from self-inflicted gunshot wounds. The lead student working her case listened in horror as one of our local colleagues who had heard the breaking news described it to her in a phone call to the clinic. The student walked into my office, ashen and shaking. That is when the tigers of domestic abuse and vicarious trauma began to roar. The taming of those tigers manifested as the implementation of my pedagogy, which is built on the inextricable cleaving of legal professionalism with well-being. With social justice at its core, my mission as a teacher and a legal advocate became clear as I taught the students how to cope with the collateral consequences, and how to utilize the trauma to contemplate systemic advocacy issues and the lawyer’s role in society. The theme of this experience is summed up in a quote from another domestic violence attorney that appears several times in the article: “This is why we do this work.?


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Legal Ethics & Professional Responsibility eJournal

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