Arts and Humanities Commons^™

Speaking Truth To Powerlessness, Howard Lesnick

All Faculty Scholarship

No abstract provided.

The Architecture Of Judicial Independence, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Personal Fulfillment In The Changing World Of Law Practice: Opportunities And Obstacles, Howard Lesnick

All Faculty Scholarship

No abstract provided.

The Underlying Causes Of Withdrawal And Expulsion Of Partners From Law Firms, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

The Religious Lawyer In A Pluralist Society, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Foreword, Symposium, The Legal Profession: The Impact Of Law And Legal Theory, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Bringing Legal Realism To The Study Of Ethics And Professionalism, Douglas N. Frenkel, Robert L. Nelson, Austin Sarat

All Faculty Scholarship

No abstract provided.

Clark Memorandum: Fall 1997, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Where Art Thou? (Marlin K. Jensen)
• A Song to Sing (James D. Gordon, III)
• We Are to Love God and Our Neighbors (H. Reese Hansen)

Exploring The Dark Matter Of Judicial Review: A Constitutional Census Of The 1990s, Seth F. Kreimer

All Faculty Scholarship

Most debate about the power of judicial review proceeds as if courts primarily invoke the Constitution against the considered judgment of elected legislatures; most constitutional commentary focuses on confrontations between the United States Supreme Court and state or federal legislatures. In fact, the federal courts most often enforce constitutional norms against administrative agencies and street-level bureaucrats, and the norms are enforced not by the Supreme Court but by the federal trial courts. In this Article, Professor Kreimer surveys this "dark matter" of our constitutional universe.

The Article compares the 292 cases involving constitutional claims decided by the Supreme Court during …

Clark Memorandum: Fall 1996, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• A Brief Tribute to Dean H. Reese Hansen
• Reenter the Realm of Feelings (Elder Dallin H. Oaks)
• Perception versus Reality (Frederick Mark Geddicks)
• The Charter Class Looks Back (Jonathan Brett Kalstrom)
• Making a Difference (Norman H. Jackson)

The Death Of An Honorable Profession, Carl T. Bogus

Indiana Law Journal

No abstract provided.

Reap What You Sow, Gordon J. Beggs

Law Faculty Articles and Essays

Unfortunately, with the adoption and revision of formal ethics codes, moral teaching has virtually disappeared from American legal ethics. Law professors, generally, do not consider it their responsibility to teach morality, and our profession today lacks a common moral standard. The Judeo-Christian principles expressed in Proverbs, however, provide a timely challenge to lawyers by advocating values that include justice, purity, mercy, honesty and civility.

A False Public Sentiment: Narrative And Visual Images Of Women Lawyers In Film, Louise Everett Graham, Geraldine Maschio

Kentucky Law Journal

No abstract provided.

Reflections On The Contents Of The Lawyer's Work - Three Models Of Spirituality - And Our Struggle With Them, Charles R. Disalvo, William L. Droel

Law Faculty Scholarship

No abstract provided.

Clark Memorandum: Fall 1995, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Soldiers of the Spirit (Lance D. Wickman)
• The Profession Everyone Loves to Hate (James D. Gordon, III)
• Selected Letters (Woody Deem)
• The Atonement—Infinite and Eternal (Merrill J. Bateman)
• Out of Kindergarten, Out of Law School (Marilyn V. Yarbrough)

The Creation Of A Usable Judicial Past: Max Lerner, Class Conflict, And The Propagation Of Judicial Titans, Sarah Barringer Gordon

All Faculty Scholarship

No abstract provided.

Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs

Law Faculty Articles and Essays

The Old Testament book of Proverbs supplied foundational moral values for our nation's legal ethics. With the adoption and revision of formal codes, moral teaching has virtually disappeared from legal ethics. This essay suggests that the wisdom of Proverbs offers a timely challenge to the character of the legal profession by advocating values which include justice, purity, mercy, humility, honesty, candor, truthful testimony, and civility.

Duress: A Philosophical Account Of The Defense In Law, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.

Religious Particularity, Religious Metaphor, And Religious Truth: Listening To Tom Shaffer, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Pathologizing Professional Life: Psycho-Literary Case Stories, James R. Elkins

Law Faculty Scholarship

No abstract provided.

Why Pro Bono In Law Schools, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Practicing Poetry, Teaching Law, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

Celebrating Our Past, Celebrating Our Future, Alfred C. Aman Jr.

Alfred Aman Jr. (1991-2002)

No abstract provided.

Lawyer Liability In Third Party Situations: The Meaning Of The Kaye Scholar Case, Geoffrey C. Hazard Jr.

All Faculty Scholarship

The Kaye Scholer I case has excited much attention and alarm within the legal profession. 2 It is interpreted as greatly expanding the scope of lawyer liability to third parties and heralding much greater regulatory intervention into the relationship between lawyer and client. In some respects this interpretation is accurate. The Kaye Scholer proceeding is at least a "wake up call" to the legal profession, signalling that lawyers should be much more attentive to their legal and ethical obligations in transactional and regulatory matters. However, there is also much misunderstanding about Kaye Scholer, particularly the supposition that it created novel …

Being A Teacher, Of Lawyers: Discerning The Theory Of My Practice, Howard Lesnick

All Faculty Scholarship

No abstract provided.

State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank

All Faculty Scholarship

The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what constitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly troublesome to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legislation preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for purposes other than professional …

Notes Toward An Aesthetics Of Legal Pragmatism, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.

The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Clark Memorandum: Fall 1990, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Acquired by Character, Not by Money (Kenneth W. Starr)
• Fundamentals and Initiatives (Elder Russell M. Nelson)
• Christ and the Code (Joseph G. Allegretti)
• Truth: a Shield to Memory (Elder Marion D. Hanks)

Not By Numbers Alone: A New Decade For Women In The Law, Margaret H. Marshall

New England Journal of Public Policy

There has been a dramatic increase in both the percentage and the numbers of women who have entered the legal profession in the last fifteen years, but women have not penetrated its higher echelons — partnerships in law firms, general counsel of corporations, and chiefs of government bureaus — in the same percentage that those advances should be reflecting. While entry-level salaries may be equal for male and female attorneys, are women in the legal world discovering the same glass ceilings and barriers to entry at these top levels of economic empowerment that their corporate counterparts have experienced? The author …