Digital Commons Network^™

Combating Silence In The Profession, Veronica Root Martinez

Faculty Scholarship

Members of the legal profession have recently taken a public stance against a wave of oppressive policies and practices. From helping immigrants stranded in airports to protesting in the face of white nationalists, lawyers are advocating for equality within and throughout American society each and every day. Yet as these lawyers go out into the world on behalf of others, they do so while their very profession continues to struggle with its own discriminatory past.

For decades, the legal profession purposefully excluded women, religious minorities, and people of color from its ranks, while instilling a select group of individuals with …

Cases And Case-Lawyers, Richard A. Danner

Faculty Scholarship

In the nineteenth century, the term “case-lawyer” was used as a label for lawyers who seemed to care more about locating precedents applicable to their current cases than understanding the principles behind the reported case law. Criticisms of case-lawyers appeared in English journals in the late 1820s, then in the United States, usually from those who believed that every lawyer needed to know and understand the unchanging principles of the common law in order to resolve issues not found in the reported cases. After the Civil War, expressions of concern about caselawyers increased with the significant growth in the amount …

Lawyers On Trial: Juror Hostility To Defendants In Legal Malpractice Trials, Herbert M. Kritzer, Neil Vidmar

Faculty Scholarship

In contrast to medical malpractice, legal malpractice is a phenomenon that has attracted little attention from empirically-oriented scholars. This paper is part of a larger study of legal malpractice claiming and litigation. Given the evidence on the frequency of legal malpractice claims, there are surprisingly few legal malpractice cases that result in jury verdicts. There are many possible explanations for this, one of which reflects the perception that lawyers are held in such low esteem by potential jurors that they risk harsh treatment by jurors when they are defendants in legal malpractice trials. Because we could find no empirical evidence …

Setting Your Compass: Some Thoughts From A (Former) Djag, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Lawyers: Gatekeepers Of The Sovereign Debt Market?, Michael Bradley, Irving De Lira Salvatierra, Mitu Gulati

Faculty Scholarship

The claim that lawyers act as gatekeepers or certifiers in financial transactions is widely discussed in the legal literature. There has, however, been little empirical examination of the claim. We test the hypothesis that law firms have replaced investment banks as the gatekeepers of the market for sovereign debt. Our results suggest that hiring outside law firms sends a negative signal to the market regarding the pending issuance; a finding that is inconsistent with the thesis that outside law firms primarily play a certification role in the sovereign debt market.

Retaining Color, Veronica Root

Faculty Scholarship

It is no secret that large law firms are struggling in their efforts to retain attorneys of color. This is despite two decades of aggressive tracking of demographic rates, mandates from clients to improve demographic diversity, and the implementation of a variety of diversity efforts within large law firms. In part, law firm retention efforts are stymied by the reality that elite, large law firms require some level of attrition to function properly under the predominant business model. This reality, however, does not explain why firms have so much difficulty retaining attorneys of color—in particular black and Hispanic attorneys.

And …

Founding Legal Education In America, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The Aba, The Aall, The Aals, And The “Duplication Of Legal Publications”, Richard A. Danner

Faculty Scholarship

Between 1935 and 1940, the American Bar Association, the Association of American Law Schools, and the American Association of Law Libraries joined forces to work on solutions to a problem often referred to as the “duplication of legal publications.” The need for practicing attorneys and law libraries to purchase multiple and duplicative versions of published law reports and other law books was burdensome in costs, complicated the research process, and contributed to what the American Law Institute identified as the two chief defects of American law: “its uncertainty and its complexity.” This article highlights the efforts of the ABA, the …

A Jurisprudence Of Insurgency: Lawyers As Companions Of Unimagined Change, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Robinson Everett: The Citizen Lawyer Ideal Lives On, David F. Levi

Faculty Scholarship

In this tribute to Professor Robinson O. Everett, Dean David Levi questions the view that the citizen-lawyer or lawyer-statesmen models are in decline. Tracing Professor Everett’s varied career, accomplishments, and commitments to individuals and institutions; Levi contends that Everett combined the lawyer's traditional focus on the individual with an overall dedication to the larger community. Everett was not just a model citizen; he was a lawyer-citizen. Levi contends that the survival of the lawyer-citizen and lawyer-statesmen models is a matter of choice and character. Nothing in the current structure of the legal economy places these models out of reach for …

To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz

Faculty Scholarship

In recent years, companies have been shifting much of their transactional legal work from outside law firms to in-house lawyers, and some large companies now staff transactions almost exclusively in-house. Although this transformation redefines the very nature of the business lawyer, scholars have largely ignored it. This article seeks to remedy that omission, using empirical evidence as well as economic theory to help explain why in-house lawyers are taking over, and whether they are likely to continue to take over, these functions and roles of outside lawyers. The findings are surprising, suggesting that in-house lawyers may now be performing as …

Explaining The Value Of Transactional Lawyering, Steven L. Schwarcz

Faculty Scholarship

This article attempts to explain empirically the value that lawyers add when acting as counsel to parties in business transactions. Contrary to existing scholarship, which is based mostly on theory, this article shows that transactional lawyers add value primarily by reducing regulatory costs, thereby challenging the reigning models of transactional lawyers as "transaction cost engineers" and "reputational intermediaries." This new model not only helps inform contract theory but also reveals a profoundly different vision than those of existing models for the future of legal education and the profession.

Who Are Those Guys? An Empirical Examination Of Medical Malpractice Plaintiffs’ Attorneys, Thomas B. Metzloff, Catherine T. Harris, Ralph A. Peeples

Faculty Scholarship

Abstract not available

Tocqueville’S Aristocracy In Minnesota, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Lawyers Amid The Redemption Of The South, Paul D. Carrington

Faculty Scholarship

No abstract provided.

A Tale Of Two Lawyers, Paul D. Carrington

Faculty Scholarship

No abstract provided.

What To Do When Your Case Is Front Page News: Panel Discussion, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Lawyers And Social Justice, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Hushed Case Against A Supreme Court Appointment: Judge Parker's "New South" Constitutional Jurisprudence, 1925-1933, Peter G. Fish

Faculty Scholarship

No abstract provided.

Warrior Bards, Kevin Mccarthy, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Crime Talk, Rights Talk, And Double-Talk: Thoughts On Reading Encyclopedia Of Crime And Justice (Review Essay), Michael E. Tigar

Faculty Scholarship

No abstract provided.

Sex Discrimination In Law School Placement, Frank T. Read, Elisabeth S. Petersen

Faculty Scholarship

No abstract provided.

Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar

Faculty Scholarship

Foreword to Harvard Law Review review of Supreme Court 1969 Term

Law And Communist Reality In The Soviet Union, Charles S. Maddock, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

Professionalism And Student Protest, Paul D. Carrington

Faculty Scholarship

The attributes of professionalism, which are the hallmark of the lawyer's calling, can be used to help institutions and the public understand and effectively deal with student protest and disorder. An unruffled, low keyed reaction is needed in most cases with the law's processes reserved for occasions that cannot be handled as intramural clashes.

Professionalism And Our Troubled Times, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Book Review, Paul D. Carrington

Faculty Scholarship

Reviewing Thurman Arnold, Fair Fights and Foul: A Dissenting Lawyer's Life (1965)

A Suggestion: The Family Lawyer, John S. Bradway

Faculty Scholarship

No abstract provided.

A New Look At Practical Training, John S. Bradway

Faculty Scholarship

No abstract provided.

A Better Mouse Trap, John S. Bradway

Faculty Scholarship

No abstract provided.