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Article Preview: A Behavioral Approach to Lawyer Mistake and Apology

Why do new attorneys make mistakes? How can new attorneys remedy these mistakes and avoid them in the future? How can law firms provide the guidance necessary to assist new attorneys in their transition to the profession? In her article, A Behavioral Approach to Lawyer Mistake and Apology, Associate Dean Catherine Gage O’Grady utilizes testimonials… Continue reading Article Preview: A Behavioral Approach to Lawyer Mistake and Apology

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Article Preview: Ain’t Misbehaving: Behavioral Ethics and Rest’s Model of Moral Judgment

Lawyers and law students are taught how to spot ethical issues through analysis of hypothetical situations. When it comes to recognizing our own ethical mistakes, there appears to be a disconnect between the ability to apply that knowledge to theoretical situations and to use it to resolve situations in practice. In their article Behavior Ethics and the Four-Component Model of Moral Judgment and Behavior, authors Milton C. Regan, Jr. and Nancy L. Sachs respond to Associate Dean Catherine Gage O’Grady’s analysis of the “dynamics that can affect new lawyer’s ability to recognize that they have made a mistake and their willingness to acknowledge it to others.” As both O’Grady and the authors point out, these kinds of mistakes can have significant ethical implications if the mistaken attorney cannot or will not acknowledge the impact of her error. In order to assist in the process of acknowledgment and avoid ethical issues, Regan and Sachs propose a framework for guiding these issues to their appropriate conclusion. Regan and Sachs find value in the union of psychology and ethics to guide the thinking of a new lawyer deciding whether to acknowledge her mistake to others and the ethical violations that can arise from that choice.

Article Preview, Behavioral Legal Ethics, Editor Blog, Law School, New England Law Review, Symposium, Uncategorized

Article Preview: Lawyers, Impression Management and the Fear of Failure

Lawyers often struggle to recognize and learn from their mistakes. Associate Dean Catherine Gage O’Grady has made the argument in her Article, A Behavioral Approach to Lawyer Mistake and Apology, that this is a result of cognitive biases, and offered insight about how law firms might respond to facilitate learning, professional growth, and stronger ethics. In his Response Article, Lawyers, Impression Management and the Fear of Failure, Donald C. Langevoort not only supports O’Grady’s position, but also presents additional reasons to pay close attention to the insight provided by Associate Dean O’Grady.

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Contributing Author Profile: Sonja West

Contributing Editor: Ryan Goodhue
Sonja R. West is an associate professor at the University of Georgia School of Law, which she joined in 2006. She teaches courses on Constitutional Law, Media Law, and the U.S. Supreme Court. Sonja earned a B.A. in journalism and communication studies from the University of Iowa. Prior to attending law school, she worked as a reporter in the Midwest and Washington, D.C. She received her J.D. from the University of Chicago School of Law where she served as executive editor of the school’s Law Review.

1st Amendment, Amy Gajda, Editor Blog, First Amendment, Free Press, Free Speech, New England Law Review, Privacy, publicity rights

Contributing Author Profile: Amy Gajda

Contributing Editor: Shannon Boyne
Amy Gajda is currently an Associate Professor of Law at Tulane University Law School and is internationally recognized for her expertise in the areas of information privacy, media law, torts, and higher education law. In 2013 she was awarded the Felix Frankfurter Award for Distinguished Teaching, Tulane University Law School’s highest teaching honor. She has chaired the Association of American Law Schools’ Sections on Mass Communication and Defamation and Privacy. Ms. Gadja also led the Association for Education in Journalism and Mass Communication’s Law and Policy Division.

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Contributing Author Profile: Elizabeth Hillman

Contributing Editor: Justin Amos
Elizabeth L. Hillman currently serves as Provost of UC Hastings College of Law, where she teaches courses in Constitutional Law, Wills & Trusts, and Military Law. She has, over her career, amassed a wealth of expertise in military justice, constitutional law, and gender and equality in the law. A graduate of Duke University, Provost Hillman served as a space operations officer and orbital analyst in the United States Air Force. Prior to joining the UC Hastings faculty in 2007, Provost Hillman taught at the Air Force Academy, Yale University, and Rutgers University School of Law at Camden. She became Provost at UC Hastings in 2013. Provost Hillman’s scholarship spans such topics as military law, history, and culture. She has published two books, Military Justice Cases and Materials (2d ed. 2012, LexisNexis, with Eugene R. Fidell and Dwight H. Sullivan) and Defending America: Military Culture and the Cold War Court-Martial (Princeton University Press, 2005), as well as numerous articles, chapters, and reports. She has also testified as an expert witness at trial, before Congressional committees, and before the U.S. Commission on Civil Rights.

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Contributing Author Profile: Rachel VanLandingham

Contributing Editor: Kathleen Frain Brekka
Rachel VanLandingham – professor, author, and former member of the U.S. Armed Forces – will present her article "Discipline, Justice, and Command in the U.S. Military: Maximizing Strengths and Minimizing Weakness In A Special Society" at the New England Law Review’s Fall Symposium on Thursday, October 8, 2015 at 4:30 p.m. During her presentation, she will discuss the teleology of the military justice system, specifically addressing why non-lawyer commanders make prosecutorial decisions, and highlighting why such a system should be improved by keeping senior commanders as decision-makers while creating a more equal role for military attorneys, as well by adding other transparency and accountability measures. Rachel VanLandingham earned her B.S. in Political Science from the U.S. Air Force Academy, her M.P.M. with a National Security emphasis from the University of Maryland, College Park, her J.D. from the University of Texas, Austin (high honors), and her LL.M from the U.S. Army’s Judge Advocate General’s Legal Center and School (Commandant’s List).