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Articles 1 - 30 of 38
Full-Text Articles in Law
Conflicts Of Interest And Law-Firm Structure, Cassandra Burke Robertson
Conflicts Of Interest And Law-Firm Structure, Cassandra Burke Robertson
Faculty Publications
Business and law are increasingly practiced on a transnational scale, and law firms are adopting new business structures in order to compete on this global playing field. Over the last decade, global law firms have merged into so-called “mega-brands” or “mega-firms”—that is, associations of national or regional law firms that join together under a single brand worldwide. For law firms, the most common mega-firm structure has been the Swiss verein, though the English “Company Limited by Guarantee” structure is growing in popularity as well, as is the similar “European Economic Interest Grouping.” All of these structures allow related entities to …
Tribute To Professor Calvin William Sharpe, Robert N. Strassfeld
Tribute To Professor Calvin William Sharpe, Robert N. Strassfeld
Faculty Publications
The editors of the Case Western Reserve Law Review respectfully dedicate this issue to Professor Calvin William Sharpe.
One can only stand in awe when reflecting on the extraordinary professional accomplishments of Professor Calvin William Sharpe. It is rare in the legal academy to find a professor whose academic range is so broad and whose level of quality is so consistently high. That range and quality are evident regardless of whether one looks at Professor Sharpe's teaching, scholarship, or professional service.
Laura Chisolm: Colleague, Peer, Friend, Jonathan L. Entin
Laura Chisolm: Colleague, Peer, Friend, Jonathan L. Entin
Faculty Publications
Tribute to Laura Chisolm
Planning For The Next Century Or The Next Week, Whichever Comes First, Erik M. Jensen
Planning For The Next Century Or The Next Week, Whichever Comes First, Erik M. Jensen
Faculty Publications
I look at long term planning in law schools.
Wilbur Leatherberry: Our Center Of Gravity, Peter M. Gerhart
Wilbur Leatherberry: Our Center Of Gravity, Peter M. Gerhart
Faculty Publications
Some lead with words; some with actions. Some lead with anger; some with authority. Some lead with attitude. Those who lead with attitude are precious few, made more precious because they are so few. Bill Leatherberry leads with attitude. He projects a quiet and reasoned confidence. He is unflappable and imperturbable. He projects calm and control, evidence of a sure faith that things will work out.
Supervisory Responsibility For The Office Of Legal Counsel, Avidan Y. Cover
Supervisory Responsibility For The Office Of Legal Counsel, Avidan Y. Cover
Faculty Publications
In the wake of the notorious Justice Department Office of Legal Counsel (OLC) torture memoranda, various reforms have been proposed to prevent future erroneous and poorly reasoned legal opinions on matters of the utmost national importance. The need for reform is all the more pressing in a post-9/11 world in which the Executive Branch will continue to arrogate, often in secret, various national security-related powers. None of the proposals, however, addresses the supervisory role that Justice Department and other Executive Branch lawyers play in the formation of OLC opinions.
This Article argues that the failure to hold more senior government …
Laura Chisolm: An Advocate And Ally, B. Jessie Hill
Laura Chisolm: An Advocate And Ally, B. Jessie Hill
Faculty Publications
I worked with Laura Chisolm primarily in my capacity as Associate Director of the Center for Social Justice, of which she was the founding Director. Yet--as is probably true of many of my colleagues at the law school--I came to know and admire her most as a fellow faculty member, friend, and mentor. I will never forget the many kindnesses from Laura--not least of all the baby gift she sent me after my older daughter was born. It was a beautiful, fuzzy, hand-knit sweater that kept both my older daughter and my younger daughter warm for, literally, years. Where on …
Wilbur C. Leatherberry: A Cwru Lifer, Jonathan L. Entin
Wilbur C. Leatherberry: A Cwru Lifer, Jonathan L. Entin
Faculty Publications
Tribute to Wilbur Leatherberry.
Contingent Rewards For Prosecutors?, Peter A. Joy, Kevin C. Mcmunigal
Contingent Rewards For Prosecutors?, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
This column explores whether contingent reward plans for prosecutors are ethical. After weighing arguments in favor and against such plans, the column concludes that rewards for prosecutors contingent on trial convictions are unsound.
Arthur D. Austin, Erik M. Jensen
Arthur D. Austin, Erik M. Jensen
Faculty Publications
“Arthur D. Austin,” 62 Case Western Reserve Law Review 3 (211), “Henry King,” 6 Case Western Reserve Law Review 63 (21), “Professor Morris Shanker,” 61 Case Western Reserve Law Review 13 (21). These are tributes to three professors who had an enormous impact on the Case Western Reserve University School of Law and on the larger society: Arthur Austin, distinguished antitrust scholar, observer of the legal-academic scene, and Faulkner fanatic; Henry King, who combined expertise in business law with a passion for international law and human rights (honed during his time as a Nuremberg prosecutor); and Morry Shanker, a preeminent …
Investigative Deceit, Kevin C. Mcmunigal
Investigative Deceit, Kevin C. Mcmunigal
Faculty Publications
Is it ever ethical for a lawyer to ask or assist another person to lie on behalf of a client? Despite ethical rules categorically banning both personal and vicarious deceit, prosecutors routinely supervise police officers and informants who use deceit in investigating drug and sex offenses, organized crime, and terrorism. May defense lawyers make use of investigative deceit in criminal investigations? In this Essay, the Author examines this issue, the ethical rules bearing on it, and the recent trend in a number of jurisdictions allowing the use of investigative deceit by the defense. Drawing on his participation in a series …
A Tribute To Professor Arthur Austin, Leon Gabinet
A Tribute To Professor Arthur Austin, Leon Gabinet
Faculty Publications
Tribute to Author Austin
The Problems Of Plagiarism As An Ethics Offense, Peter A. Joy, Kevin C. Mcmunigal
The Problems Of Plagiarism As An Ethics Offense, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
This column questions the practices of labeling attorney copying, even without acknowledgement, as plagiarism, and treating it as a per se ethics violation. Instead, the column argues that analysis of copying in the litigation context should focus directly on the quality of the filing at issue and the competence and diligence of the lawyer who prepared it.
A Collaborative Model Of Offshore Legal Outsourcing, Cassandra Burke Robertson
A Collaborative Model Of Offshore Legal Outsourcing, Cassandra Burke Robertson
Faculty Publications
International outsourcing has come to the legal profession. The ABA and other bar associations have given it their stamp of approval, and an ailing economy has pushed both clients and firms to consider sending more legal work abroad. This article integrates research from the fields of organizational behavior, social psychology, and economic theory to analyze the effectiveness of the legal outsourcing relationship. It identifies organizational pressures in the practice of law that affect how legal work is performed in a transnational context, and it examines how individuals on both sides of the outsourcing process influence the success or failure of …
Confidentiality And Claims Of Ineffective Assistance, Peter A. Joy, Kevin C. Mcmunigal
Confidentiality And Claims Of Ineffective Assistance, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
This column discusses what a defense lawyer should do when called upon to reveal client information in response to an ineffective assistance of counsel claim.
Defense Counsel And Plea Bargain Perjury, Kevin C. Mcmunigal
Defense Counsel And Plea Bargain Perjury, Kevin C. Mcmunigal
Faculty Publications
No abstract provided.
A Tribute To Henry T. King, Michael P. Scharf
A Tribute To Henry T. King, Michael P. Scharf
Faculty Publications
Henry King is the reason I'm teaching at Case Western Reserve University School of Law. Over the years he became my mentor, friend, and inspiration.
Do Two Wrongs Protect A Prosecutor?, Peter A. Joy, Kevin C. Mcmunigal
Do Two Wrongs Protect A Prosecutor?, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
May a former criminal defendant bring a civil rights action against a prosecutor who fabricated evidence during an investigation and then introduced that evidence against the defendant at trial? The Seventh and Second Circuits have divided in answering this question. On November 4, 29, the Supreme Court heard oral argument in an Eighth Circuit case raising this question, Pottawattamie County v. Harrington, 547 F.3d 922 (8th Cir. 28), cert. granted, 129 S. Ct. 22 (April 2, 29), and many expected the Court to resolve the circuit split later this term. But on January 4, 21, the Court dismissed the case …
Aba Explains Prosecutor's Ethical Disclosure Duty, Peter A. Joy, Kevin C. Mcmunigal
Aba Explains Prosecutor's Ethical Disclosure Duty, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
The ABA Standing Committee on Ethics and Professional Responsibility recently issued an advisory ethics opinion explaining that the ethical duty of the prosecutor under Model Rule 3.8(d) to disclose exculpatory evidence and information to the defendant is separate from, and more expansive than, the disclosure obligations under the Constitution. This column reviews the opinion and its implications for discovery in criminal cases.
Deceit In Defense Investigations, Peter A. Joy, Kevin C. Mcmunigal
Deceit In Defense Investigations, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
Prosecutors and police routinely employ misrepresentation and deceit in undercover investigations. In cases ranging from drug distribution, prostitution, and sexual misconduct with minors to organized crime and terrorism, police and those cooperating with police deceive suspects and their cohorts about their identities and their intentions in order to gain information to help uncover past crimes and thwart future crimes. Frequently, such deceit helps reveal the truth about what criminals do and think.
May defense lawyers and investigators working for them employ similar tactics? Or should prosecutors be the only lawyers allowed to direct and supervise investigatory deception? In recent years, …
Corporate 'Miranda' Warnings, Peter A. Joy, Kevin C. Mcmunigal
Corporate 'Miranda' Warnings, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
Administrative agencies and prosecutors have adopted formal and informal measures to push corporations to establish compliance programs, to disclose wrongdoing voluntarily, and to cooperate with government investigations, creating what some commentators refer to as a culture of cooperation. Key to internal investigations are employee interviews by counsel.
Employees, especially senior employees, may assume that the lawyers representing their organizational employers represent them as well in matters relating to their work. To avoid this misunderstanding, both in-house and outside counsel now use “corporate Miranda warnings” or “Upjohn warnings.” In law enforcement interrogation, the Miranda warning is an antidote to the coercive …
The (Lack Of) Enforcement Of Prosecutor Disclosure Rules, Kevin C. Mcmunigal
The (Lack Of) Enforcement Of Prosecutor Disclosure Rules, Kevin C. Mcmunigal
Faculty Publications
In this Article, I assess the apparent prospects for increased disciplinary enforcement of state ethics rules based on Rule 3.8(d) of the American Bar Association's (“ABA”) Model Rules of Professional Conduct that mandates prosecutorial disclosure of exculpatory information. In particular, I focus on whether it makes sense to view recent ABA Formal Opinion 09-454, in which the ABA gave an expansive reading to Model Rule 3.8(d), as the bellwether of an era of increased enforcement of ethical disclosure rules for prosecutors.
Henry King, Erik M. Jensen
Henry King, Erik M. Jensen
Faculty Publications
Henry King and I both began at Case Western Reserve in 1983, memorialized in an issue of In Brief, the law school magazine, that has a cover photo showing total devastation. It looks like the aftermath of a faculty meeting, but the picture is really of bombed-out Nuremberg, of course.
Professor Morris Shanker, Erik M. Jensen
Professor Morris Shanker, Erik M. Jensen
Faculty Publications
Morry Shanker began teaching at the Western Reserve Law School shortly after the creation of the Western Reserve. In fact, had Moses Cleaveland not elbowed his way to the front of the boat in 1796, Professor Shanker would have been the first surveyor to step onto the banks of the Cuyahoga. If that had happened, the house band at Severance Hall might be known today as the Shanker Orchestra.
Business Lawyers As Enterprise Architects, George W. Dent
Business Lawyers As Enterprise Architects, George W. Dent
Faculty Publications
In 1984 Ronald Gilson published Value Creation by Business Lawyers: Legal Skills and Asset Pricing. It began: "What do business lawyers really do? Embarrassingly enough, at a time when lawyers are criticized with increasing frequency as nonproductive actors in the economy, there seems to be no coherent answer." He dismissed lawyers' own answer that "they 'protect' their clients, that they get their clients the 'best' deal." He also rejected the academic literature which offered a laundry list of roles the business lawyer plays: "a counselor, planner, drafter, negotiator, investigator, lobbyist, scapegoat, champion, and, most strikingly, even as a friend." Dissecting …
The Price Of Wisdom Is Above Rubies - A Tribute To Ronald J. Coffey Case Western Reserve School Of Law 1966-2007 (On His Retirement), Juliet P. Kostritsky
The Price Of Wisdom Is Above Rubies - A Tribute To Ronald J. Coffey Case Western Reserve School Of Law 1966-2007 (On His Retirement), Juliet P. Kostritsky
Faculty Publications
Tribute to Ronald J. Coffey Case Western Reserve School of Law 1966-2007.
Ron Coffey: The Thinker's Thinker, Peter M. Gerhart
Ron Coffey: The Thinker's Thinker, Peter M. Gerhart
Faculty Publications
Tribute to Ron Coffey
Tribute To Professor Robert Lawry, Kevin C. Mcmunigal
Tribute To Professor Robert Lawry, Kevin C. Mcmunigal
Faculty Publications
Tribute to Professor Robert Lawry.
Law Reviews And Academic Debate, Erik M. Jensen
Law Reviews And Academic Debate, Erik M. Jensen
Faculty Publications
These essays were part of a mini-symposium, “Of Correspondence and Commentary,” published by the Connecticut Law Review. At the time, a number of prominent law reviews had begun to publish “correspondence,” shorter pieces generally commenting on work published in the reviews. Whatever they were called, however, these pieces looked an awful lot like articles, complete with footnotes, titles with colons, and other law-review-type stuff. The author used the creation of correspondence sections to ruminate on the nature of legal scholarship, as published in student-edited law reviews, and in particular to wonder whether authors were using correspondence sections as backdoor ways …
A Monologue On The Taxation Of Business Gifts, Erik M. Jensen
A Monologue On The Taxation Of Business Gifts, Erik M. Jensen
Faculty Publications
This series of three articles (that's why it's a trilogy, duh-h-h) chronicles the legal-academic career of one S. Breckinridge Tushingham ("Breck" for short). As the trilogy unfolds, Breck works his way up (or maybe it's down) from his first academic position to an established professorship to dean of the South Soybean (Soso) State University law school. In the process of recording his professional history, and thus memorializing it for the ages, Breck provides (probably defamatory) insights into the American legal academy.