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Articles 61 - 86 of 86
Full-Text Articles in Law
Taking Action Against Auctions: The Third Circuit Task Force Report, Jill E. Fisch
Taking Action Against Auctions: The Third Circuit Task Force Report, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
In Memory Of Joni Cesta, Neil D. Levin, Thomas Crane Wales, Glenn J. Winuk, David Yellen
In Memory Of Joni Cesta, Neil D. Levin, Thomas Crane Wales, Glenn J. Winuk, David Yellen
Articles
Volume 30 of the Hofstra Law Review is dedicated to members of the Hofstra community, including four graduates of the Law School, who were violently taken from us during the past year. Of the four Law School graduates, Joni Cesta '91, Neil D. Levin '81, and Glenn J. Winuk '87 were lost in the September 1 1th terrorist attacks on the World Trade Center. Thomas Crane Wales '79 was murdered in Seattle, Washington on October 11, 2001. The Hofstra Law Review presents the following biographical sketches to honor the memory of these four distinguished alumni.
Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard
Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard
Faculty Publications
The citizens of this country should expect no less than the highest degree of professionalism when they have entrusted administration of the rule of law-one of the fundamental tenets upon which our society is based-to the legal profession. Re-examination was not originally required of medical specialists, but [the American Board of Medical Specialties] quickly recognized that a lifetime certification, even with required continuing education provided little incentive for doctors to keep up with new medical knowledge and techniques. Similarly, continuing [legal] education requirements alone are not sufficient to assure the integration of new law and procedure into a lawyer's practice. …
The Ideology Of Judging And The First Amendment In Judicial Election Campaigns, W. Bradley Wendel
The Ideology Of Judging And The First Amendment In Judicial Election Campaigns, W. Bradley Wendel
Cornell Law Faculty Publications
No abstract provided.
Lawyers Without Frontiers - A View From Germany, Martin Henssler, Laurel S. Terry
Lawyers Without Frontiers - A View From Germany, Martin Henssler, Laurel S. Terry
Faculty Scholarly Works
This article addresses the effect in Germany of the globalization of legal services. The first section of the article consists of reflections about the development of the German legal market in the past decade and how this development has been influenced by Anglo-Saxon law firms from the U.S. and England. The second section of this paper provides a more detailed analysis of the legal framework that governs the practice of foreign lawyers in Germany will follow. The third section of this paper addresses the issue of Multi-Disciplinary-Practices between lawyers and accountants. These MDPs are forbidden almost everywhere in the world …
Deja Vu All Over Again, Gary A. Munneke
Deja Vu All Over Again, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
Why talk about the future at all? As a professor I am a student of change. But do forecasts about the future matter to the average practitioner. My answer is a resounding YES! To understand my attitude, it's important to look at the work of the Futurist Committee of the ABA Law Practice Management Section.
Getting The Insider's Story Out: What Popular Film Can Tell Us About Legal Method's Dirty Secrets, Rebecca Johnson, Ruth Buchanan
Getting The Insider's Story Out: What Popular Film Can Tell Us About Legal Method's Dirty Secrets, Rebecca Johnson, Ruth Buchanan
Articles & Book Chapters
In this paper, the authors seek to use the insights gained by viewing and thinking critically about a range of Hollywood films to better illuminate the disciplinary blindspots of law. Both law and film are viewed as social institutions, engaged in telling stories about social life. Hollywood films are often critical of law and legal institutions. Law is dismissive of its representation within popular culture. However, the authors argue that law disregards cinematic cynicism about itself at its peril and that there is much to learn by taking cinematic portrayals of law very seriously---not as representations of the truth of …
Making Progress The Old-Fashioned Way, Stephen B. Burbank
Making Progress The Old-Fashioned Way, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Does Law And Literature Survive Lawyerland?, Sarah Krakoff
Does Law And Literature Survive Lawyerland?, Sarah Krakoff
Publications
No abstract provided.
Jurisprudence Noire, Pierre Schlag
The Lawyerland Essays: Introduction, Pierre Schlag
A Novelist's Perspective, Marianne Wesson
A Code Of One's Own, Joseph P. Tomain
A Code Of One's Own, Joseph P. Tomain
Faculty Articles and Other Publications
A Code of One's Own is an essay exploring the idea that we can learn about professionalism by reflecting on the humanities. The paper is modeled on Virginia Woolf's A Room of One's Own which is a series of lectures in six chapters. The essay uses those chapters to develop the idea that lawyers, through self-reflection and observation, can develop a professional code of their own. The paper was developed through co-teaching a course entitled, Law in Literature and Philosophy as well as by attending the Aspen Institute and the Glenmoor Institute of Justice for the Legal Profession, which are …
Back To Basics? University Legal Education And 21st Century Professionalism, Annie Rochette, W. Wesley Pue
Back To Basics? University Legal Education And 21st Century Professionalism, Annie Rochette, W. Wesley Pue
All Faculty Publications
This article probes the complexities surrounding trying to match law school curriculum with the needs of students intent on careers in the practice of law. It pursues the issue in three stages: 1) an assessment of a contemporary back to basics critique of legal education; 2)an empirical evaluation of actual student experiences and course selections at a major North American law school over the course of a decade; 3) an assessment of the 'fit' between existing legal education and the likely needs of future practitioners.
Reflections On The Ethics Of Legal Academics: Law Schools As Mdps; Or, Should Law Professors Practice What They Teach Symposium: Ethics Of Law Professors, Bruce A. Green
Faculty Scholarship
[A member of the House of Commons said in Samuel Johnson's presence] that he paid no regard to the arguments of counsel at the bar of the House of Commons, because they were paid for speaking. JOHNSON. 'Nay, Sir, argument is argument. You cannot help paying regard to their arguments, if they are good, If it were testimony, you might disregard it, if you knew that it were purchased. There is a beautiful image in Bacon upon this subject: testimony is like an arrow shot from a long bow; the force of it depends on the hand that draws it. …
Thoughts About Corporate Lawyers After Reading The Cigarette Papers: Has The "Wise Counselor" Given Way To The "Hired Gun"?", Bruce A. Green
Thoughts About Corporate Lawyers After Reading The Cigarette Papers: Has The "Wise Counselor" Given Way To The "Hired Gun"?", Bruce A. Green
Faculty Scholarship
No abstract provided.
Jews, Christians, Lawyers, And Money, Thomas L. Shaffer
Jews, Christians, Lawyers, And Money, Thomas L. Shaffer
Journal Articles
Years ago, when I was the resident guru in legal ethics at Washington and Lee University, in the little mountain town of Lexington, Virginia, a reporter from the daily newspaper in Roanoke asked me to identify the most serious ethical issue for American lawyers. My answer: "Money."
Part of that answer reflected the fact that American lawyers make about twice as much money as lawyers in other "developed" countries. And American lawyers make, on the average, fifty percent more than average Americans do. (Reference to averages and means here do not reflect how steep the incline is from the middle …
Divorce And The Catholic Lawyer, John J. Coughlin
Divorce And The Catholic Lawyer, John J. Coughlin
Journal Articles
On January 28, 2002, Pope John Paul II focused his annual address to the officials of the Roman Rota on the topic of the indissolubility of marriage. At the conclusion of this theological and canonical analysis, the Holy Father made a few short statements cautioning civil lawyers about divorces cases. The following day, a story in The New York Times carried the headline "John Paul Says Catholic Bar Must Refuse Divorce Cases." The article construed the pope's reference as a blanket prohibition against Catholic lawyers handling divorce cases. It further questioned whether the prohibition contradicted the Pontiff's prior emphasis on …
Globalization And Legal Education: Views From The Outside-In, W. Wesley Pue
Globalization And Legal Education: Views From The Outside-In, W. Wesley Pue
All Faculty Publications
During the past two decades a new, global, legal professionalism has manifested itself in the field of legal education through a variety of programmes seeking to produce globally-aware or globally-connected lawyers. This paper explores the diverse meanings of globalization and legal education with particular attention to the differential effects of globalization and the varied experiences of it in different parts of the world. Taking its starting point from a Nigerian graduate student's insight that globalization means 'The White Man is Coming again'. What does he want this time?, he explores both American and international perspectives.
Reading The Law In The Office Of Calvin Fletcher: The Apprenticeship System And The Practice Of Law In Frontier Indiana, A. Christopher Bryant
Reading The Law In The Office Of Calvin Fletcher: The Apprenticeship System And The Practice Of Law In Frontier Indiana, A. Christopher Bryant
Faculty Articles and Other Publications
The university law school is a relatively recent innovation, not just in Nevada but throughout much of the United States as well. In this inaugural issue of the Nevada Law Journal, which marks the establishment in 1998 of the Boyd School of Law, the first state-supported and the only existing law school in Nevada, it is fitting that we examine the methods of legal education and entry to the practice of law that preceded the rise of legal education within the university.
Until the latter part of the nineteenth century, the apprenticeship system constituted the dominant mode of preparation for …
Views On Multidisciplinary Practice With Particular Reference To Law And Economics, New York, And North Carolina, Sydney M. Cone Iii.
Views On Multidisciplinary Practice With Particular Reference To Law And Economics, New York, And North Carolina, Sydney M. Cone Iii.
Articles & Chapters
This Article-after describing analytical gaps in the work of the ABA Commission on MDP, and after criticizing the analysis of MDP by the law and economics school and the Big Five subset thereof-sets forth, with commentary, proposals relating to MDP developed by the New York State Bar Association and the MDP Task Force of the North Carolina Bar Association. It concludes by comparing these proposals in the context of the law governing lawyers in the United States.
The Lawyer As Confidence-Man, David A. Skeel Jr.
The Lawyer As Confidence-Man, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
A Law Culture Diagnostic, James R. Elkins
A Law Culture Diagnostic, James R. Elkins
Law Faculty Scholarship
No abstract provided.
The American Prosecutor: Independence, Power, And The Threat Of Tyranny, Angela J. Davis
The American Prosecutor: Independence, Power, And The Threat Of Tyranny, Angela J. Davis
Articles in Law Reviews & Other Academic Journals
This Article compares the power, practices, and policies of the Independent Counsel with those of ordinary state and federal prosecutors and suggests that the purported distinctions turn out to be illusory. Part I charts the principal structural characteristics of the Independent Counsel and regular prosecutors, with particular focus on prosecutorial discretion and the charging power. This section notes the public outrage over former Independent Counsel Kenneth Starr and argues that the American prosecutor deserves similar scrutiny. Using illustrations from the author’s former experience as a public defender, this Part explains how regular prosecutors engage in the same acts of misconduct …
Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver
Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver
Articles by Maurer Faculty
No abstract provided.
Private Lawyers And The Public Interest, Patrick L. Baude
Private Lawyers And The Public Interest, Patrick L. Baude
Articles by Maurer Faculty
No abstract provided.