Law Commons^™

Cooperation And Turnover In Law Faculties: A Game-Theoretic Model And An Empirical Study, Shi-Ling Hsu

Scholarly Publications

A standard account of group cooperation would predict that group stability would bring about greater cooperation because repeat-play games would allow for sanctions and rewards. In an academic unit such as a department or a law faculty, one might thus expect that faculty stability would bring about greater cooperation. However, academic units are not like most other groups. Tenured professors face only limited sanctions for failing to cooperate, for engaging in unproductive conflict, or for shirking. This article argues counter-intuitively that within limits, some level of faculty turnover may enhance cooperation. Certainly, excessive and persistent loss of faculty is demoralizing, …

Leaving Law Firms With Client Fees: Florida's Path, Donald J. Weidner

Scholarly Publications

No abstract provided.

The Honorable Robert R. Merhige, Jr.: A Judge Ahead Of His Time, Wayne A. Logan

Scholarly Publications

No abstract provided.

Expectations In The Mirror: Lawyer Professionalism And The Errors Of Mandatory Aspirations, Keith W. Rizzardi

Florida State University Law Review

For years, Florida has been a leader in the professionalism movement, and state leaders have created new documents and standards to make professionalism enforceable. The rest of the nation can learn from Florida’s errors, because the Sunshine State has blurred the lines between professionalism and legal ethics. In fact, history shows that Florida is simply repeating the same mistakes that have been addressed time and time again as our system of legal ethics has evolved. At times, Florida’s professionalism concepts even contradict themselves. Indeed, from a jurisprudential perspective, even H.L.A. Hart and Lon Fuller—who otherwise disagreed over the morality of …

Growing Up With Scout And Atticus: Getting From To Kill A Mockingbird Through Go Set A Watchman, Rob Atkinson

Scholarly Publications

No abstract provided.

The Prioritization Of Criminal Over Civil Counsel And The Discounted Danger Of Private Power, Kathryn A. Sabbeth

Florida State University Law Review

This Article seeks to make two contributions to the literature on the role of counsel. First, it brings together civil Gideon research and recent studies of collateral consequences. Like criminal convictions, civil judgments result in far-reaching collateral consequences, and these should be included in any evaluation of the private interests that civil lawyers protect. Second, this Article argues that the prioritization of criminal defense counsel over civil counsel reflects a mistaken view of lawyers’ primary role as a shield against government power. Lawyers also serve a vital role in checking the power of private actors. As private actors increasingly take …

A Tribute To Professor Dan Markel, Keith L. Savino

Florida State University Law Review

No abstract provided.

Dan Markel's Premature Death Cements His Uncompromising Legacy, Ryan Wechsler

Florida State University Law Review

No abstract provided.

Losing Friends, Garrick Pursley

Florida State University Law Review

No abstract provided.

The Cost Of Avoidance: Pluralism, Neutrality, And The Foundations Of Modern Legal Ethics, Melissa Mortazavi

Florida State University Law Review

This Article offers an answer to key questions in modern American legal ethics: when and why did the legal profession stop talking about professional conduct in moral terms? Mining the history of current rules governing lawyer conduct, this Article reveals that while the 1969 Model Code of Professional Responsibility sought to revolutionize legal ethics by creating a professional code that was more transparent, democratized, and less hierarchical than the preceding 1908 Canons of Legal Ethics, that effort also excised a moral understanding of lawyering in order to facilitate a particular understanding of pluralism.

The drafters of the 1969 Model Code …

What's New About The New Normal: The Evolving Market For New Lawyers In The 21st Century, Bernard A. Burk

Florida State University Law Review

Everyone agrees that job prospects for many new law graduates have been poor for the last several years; there is rather less consensus on whether, when, how, or why that may change as the economy recovers from the Great Recession. This Article analyzes historical and current trends in the job market for new lawyers in an effort to predict how that market may evolve.

The Article derives quantitative measurements of the proportion of law graduates over the last thirty years who have obtained initial employment for which law school serves as rational substantive preparation (“Law Jobs”). In comparing entry-level hiring …

Medicine And Law As Model Professions: The Heart Of The Matter (And How We Have Missed It), Rob Atkinson

Scholarly Publications

This article has two coordinate goals: to undergird the functionalist understanding of professionalism with classical normative theory and to advance the classical theory of civic virtue with the insights of modern social science. More specifically, this article seeks to connect classical theories about the care of the body and the soul with modern theories of market and government failure. The first step is to distinguish two kinds of professions, caring professions like medicine and public professions like law, by identifying the distinctive virtue of each. The distinctive virtue of the caring professions is single-minded commitment to those in their care, …

The Most Ethical Of People, The Least Ethical Of People: Proposing Self-Determination Theory To Measure Professional Character Formation, Lawrence S. Krieger

Scholarly Publications

No abstract provided.

Pro Bono Publico: The Growing Need For Expert Aid, Hannah J. Wiseman

Scholarly Publications

No abstract provided.

The Best Kept Secret In The Law: How To Get Paid To Live On A Tropical Island, Michael J. Keyser

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Taking Inventory: The Science Of Happiness, Lawrence S. Krieger

Scholarly Publications

No abstract provided.

Psychological Insights: Why Our Students And Graduates Suffer, And What We Might Do About It, Lawrence S. Krieger

Scholarly Publications

No abstract provided.

Law As A Learned Profession: The Forgotten Mission Field Of The Professionalism Movement, Rob Atkinson

Scholarly Publications

No abstract provided.

Pro Bono Publico Representation Of The Poor: The Good As Enemy Of The Best, Rob Atkinson

Scholarly Publications

No abstract provided.

Liberating Lawyers: Diverging Parallels In Intruder In The Dust And To Kill A Mockingbird, Rob Atkinson

Scholarly Publications

Professor Atkinson hopes William Faulkner’s Intruder in the Dust will replace Harper Lee’s To Kill a Mockingbird as our favorite story of lawyerly virtue. In both stories, a white male lawyer and his protégé try to free a black man falsely accused of a capital crime. But below these superficial similarities, Professor Atkinson finds fundamental differences. To Kill a Mockingbird, with its father-knows-best attorney, Atticus Finch, celebrates lawyerly paternalism; Intruder in the Dust, through its aristocratic black hero, Lucas Beauchamp, and his lay allies, challenges the rule of lawyers, if not law itself. The first urges us to …

Br'er Rabbit Professionalism: A Homily On Moral Heroes And Lawyerly Mores, Rob Atkinson

Scholarly Publications

No abstract provided.

Law School Engagement In Professionalism And Improved Bar Relations, Donald J. Weidner

Scholarly Publications

No abstract provided.

What We're Not Telling Law Students -- And Lawyers -- That They Really Need To Know: Some Thoughts-In-Action Toward Revitalizing The Profession From Its Roots, Lawrence S. Krieger

Scholarly Publications

No abstract provided.

The Florida Supreme Court Commission On Professionalism And The Crises Of Legal Education, Donald J. Weidner

Scholarly Publications

No abstract provided.

The 1996 Florida Administrative Procedure Act's Attorney's Fees Reforms: Creating Innovative Solutions Or New Problems?, Elizabeth C. Williamson

Florida State University Law Review

No abstract provided.

Richard Bonnot Lillich In Remembrance Of A Civilized Scholar, Gordon A. Christenson

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Tribute To Richard B. Lillich, Hurst Hannum

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Richard B. Lillich: In Service To The United States, Ronald J. Bettauer, David P. Stewart

Florida State University Journal of Transnational Law & Policy

No abstract provided.

A Dissenter's Commentary On The Professionalism Crusade, Rob Atkinson

Scholarly Publications

No abstract provided.

Introduction: It Just Isn't Fair, Steven G. Gey

Florida State University Law Review

No abstract provided.