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Articles 1 - 30 of 76
Full-Text Articles in Law
The Right To Waive Competent Counsel: Extending The Faretta Waiver, Augustine Gerard Yee
The Right To Waive Competent Counsel: Extending The Faretta Waiver, Augustine Gerard Yee
Pepperdine Law Review
No abstract provided.
The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings, Paul Boland
The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings, Paul Boland
Pepperdine Law Review
No abstract provided.
Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk
Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk
Pepperdine Law Review
No abstract provided.
California Practicum: A Guide To Coordination Of Civil Actions In California, Darren L. Brooks
California Practicum: A Guide To Coordination Of Civil Actions In California, Darren L. Brooks
Pepperdine Law Review
No abstract provided.
When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder
When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder
Pepperdine Law Review
No abstract provided.
Dedicatory Address: The Art Of A Jury Trial, Louis Nizer
Dedicatory Address: The Art Of A Jury Trial, Louis Nizer
Pepperdine Law Review
No abstract provided.
Introduction To Dedicatory Address, Gerald F. Phillips
Introduction To Dedicatory Address, Gerald F. Phillips
Pepperdine Law Review
No abstract provided.
Contingency Enhancements In Attorney Fee Cases: City Of Burlington V. Dague, The End Of Merit Systems Protection Board's Struggle To Understand And Apply Delaware Valley Ii , Cameron P. Quinn, Katharine A. Klos
Contingency Enhancements In Attorney Fee Cases: City Of Burlington V. Dague, The End Of Merit Systems Protection Board's Struggle To Understand And Apply Delaware Valley Ii , Cameron P. Quinn, Katharine A. Klos
Pepperdine Law Review
No abstract provided.
The Effect Of Location In The Courtroom On Jury Perception Of Lawyer Performance, Jeffrey S. Wolfe
The Effect Of Location In The Courtroom On Jury Perception Of Lawyer Performance, Jeffrey S. Wolfe
Pepperdine Law Review
No abstract provided.
Choice Of A Profession, John T. Noonan Jr.
Choice Of A Profession, John T. Noonan Jr.
Pepperdine Law Review
No abstract provided.
"Your Honor What I Meant To State Was . . .": A Comparative Analysis Of The Judicial And Evidentiary Admission Doctrines As Applied To Counsel Statements In Pleadings, Open Court, And Memoranda Of Law, Ediberto Roman
Pepperdine Law Review
No abstract provided.
Ideologies Of Professionalism And The Politics Of Self-Regulation In The California State Bar, William T. Gallagher
Ideologies Of Professionalism And The Politics Of Self-Regulation In The California State Bar, William T. Gallagher
Pepperdine Law Review
No abstract provided.
Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts, Adam J. Myers Iii
Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts, Adam J. Myers Iii
Pepperdine Law Review
No abstract provided.
Protecting The Public, Not Anyone's Turf: The Unlicensed Practice Of Law In Securities Arbitration , John P. Cleary
Protecting The Public, Not Anyone's Turf: The Unlicensed Practice Of Law In Securities Arbitration , John P. Cleary
Pepperdine Law Review
No abstract provided.
Reforming Lawyers Into Irrelevance?: Reconciling Crisis And Constraint At The Office Of Legal Counsel , Peter Margulies
Reforming Lawyers Into Irrelevance?: Reconciling Crisis And Constraint At The Office Of Legal Counsel , Peter Margulies
Pepperdine Law Review
A Predator drone attack in Pakistan and the "enhanced interrogation techniques" that the Bush administration used on suspected terrorists have at least one thing in common: legal advice. While advice given the Obama administration on drones has received only a partial airing, disclosure that lawyers in the Justice Department’s Office of Legal Counsel (OLC) authorized coercive interrogation after 9/11 has ignited a wide-ranging debate on reform and accountability. However, the volume of calls for reform has exceeded consideration of the competing values at stake. Some reformers stress the need to combat a climate of impunity with formal sanctions such as …
"You Had Me At Hello" Or "Let Them Go?": Law Firm Selection, Retention, And Defection In The Investment Banking Industry, Karl D. Shehu
"You Had Me At Hello" Or "Let Them Go?": Law Firm Selection, Retention, And Defection In The Investment Banking Industry, Karl D. Shehu
The Journal of Business, Entrepreneurship & the Law
Drawing upon the theoretical concepts of reputation and social networking, this article's main objective is to assess how investment banks choose external law firms. Using qualitative methods, I show that investment banks, to varying degrees, rely on internal counsel, procurement specialists, and boards of directors to decide which firm to select. When choosing a specific law firm for the first time, corporate decision-makers are likely to evaluate law firms based on intangible factors like reputation and the word-of-mouth referrals of their colleagues. In subsequent selections of a law firm, these factors are transplanted by past results. Firm expertise and cost …
Symposium: Client Counseling And Moral Responsibility, Robert F. Cochran Jr, Deborah L. Rhode, Paul R. Tremblay, Thomas L. Shaffer
Symposium: Client Counseling And Moral Responsibility, Robert F. Cochran Jr, Deborah L. Rhode, Paul R. Tremblay, Thomas L. Shaffer
Pepperdine Law Review
Cochran served as moderator and presented an introduction to this symposium titled "Client Counseling and Moral Responsibility". It is based on papers and discussion presented at the Professional Responsibility Section panel at the annual meeting of the American Association of Law Schools in Washington, D.C., on January 4, 2003. Members of the panel, Professors Deborah Rhode, Paul Tremblay, and Thomas Shaffer presented three different approaches to moral issues that arise in the client counseling relationship: the directive approach, client-centered counseling and the collaborative model. Under the directive model, a lawyer asserts control of moral issues that arise during legal representation. …
Absolute Immunity From Civil Liability: Lessons For Litigation Lawyers, T. Leigh Anenson
Absolute Immunity From Civil Liability: Lessons For Litigation Lawyers, T. Leigh Anenson
Pepperdine Law Review
The common law doctrine of absolute immunity provided to litigation lawyers is said to be "as old as law." This centuries-old doctrine protects litigators from lawsuits instigated by the adversaries of their clients. It is typically invoked, irrespective of any nefarious or malicious motives, so long as the course of action taken bears some reasonable relation to the lawsuit. This Article examines the historical antecedents of the litigation privilege as well as the policies motivating its creation. It also provides a comprehensive description of the doctrine of absolute immunity, explores the circumstances in which it has been applied, and discusses …
Institutionalizing Mediation: The Role Of Lawyers And Bar Associations , Ronald R. Volkmer
Institutionalizing Mediation: The Role Of Lawyers And Bar Associations , Ronald R. Volkmer
Pepperdine Dispute Resolution Law Journal
The world of trusts and estates is changing before our eyes - the "multidiscipline practice" trend may radically change the traditional practice of the probate bar. There is one constant, however, besides change and that is conflict. That conflict is oftentimes lurking beneath the surface when a lawyer becomes involved in the estate planning process. All of the technical knowledge you may possess about the legal system and its rules is valuable and necessary. But, the estate planning lawyer is preeminently a counselor at law. In the strongest possible way I urge students to become aware of conflict management skills …
Mediation And Jury Trials As Means Of Resolving Will Contests , Ronald Chester
Mediation And Jury Trials As Means Of Resolving Will Contests , Ronald Chester
Pepperdine Dispute Resolution Law Journal
In the vast range of human problems that law seeks to govern, there are certain areas in which legalisms and legal thinking are not particularly useful. It is my belief that one of these areas is that of will contests, in which nonlawyer dispute resolution seems particularly effective.
Mediation Of Probate Matters: Leaving A Valuable Legacy , Lela Porter Love
Mediation Of Probate Matters: Leaving A Valuable Legacy , Lela Porter Love
Pepperdine Dispute Resolution Law Journal
Mediation has the power to bring parties to a different level of understanding about their underlying situation and about each other, to re-establish family harmony and to resolve both monetary and relationship issues that probate matters generally involve. To realize these advantages, this paper makes two suggestions. First, attorneys should urge testators to consider dispute resolution provisions in their will. Such provisions allow the testator to weigh in with a directive that the family pull together and attempt to resolve its conflicts creatively. A dispute resolution clause can also provide a vehicle to express and encourage family values connected with …
Advantages And Disadvantages Of Mediation In Probate, Trust, And Guardianship Matters , Mary F. Radford
Advantages And Disadvantages Of Mediation In Probate, Trust, And Guardianship Matters , Mary F. Radford
Pepperdine Dispute Resolution Law Journal
Mediation is the ADR process by which a neutral third party works with disputants to reach a mutually agreeable resolution. Mediation is arguably the oldest and most popular ADR technique in use today. Part I of this essay discusses the commonly accepted advantages of mediation as an alternative to litigation, and, in some instances, questions whether those advantages become disadvantages in the context of probate, trust, and guardianship cases. Part II examines the use of mediation as a component of the actual estate planning process rather than as an alternative to litigation.
The Greatest Heritage Is The Love Of A Family: The Larson Case And The Mediation Of Probate Disputes, Susan N. Gary
The Greatest Heritage Is The Love Of A Family: The Larson Case And The Mediation Of Probate Disputes, Susan N. Gary
Pepperdine Dispute Resolution Law Journal
In 1981, two brothers, Ben and William Larson, began litigation that would last for four years. By the time the lawsuit ended, the "winning" brother was dead, and the other brother was bitter and estranged from the family of his only sibling. Although one can only speculate, had the brothers chosen mediation, rather than litigation, to resolve their dispute, both brothers might have achieved a better outcome.
Bewitched By Language: Wittgenstein And The Practice Of Law, Bruce A. Markell
Bewitched By Language: Wittgenstein And The Practice Of Law, Bruce A. Markell
Pepperdine Law Review
No abstract provided.
Can The Ordinary Practice Of Law Be A Religious Vocation? A Panelist's Response, Robert J. Conrad Jr
Can The Ordinary Practice Of Law Be A Religious Vocation? A Panelist's Response, Robert J. Conrad Jr
Pepperdine Law Review
No abstract provided.
The Wrong Question, John E. Acuff
The Lawyer As Truth-Teller: Lessons From Enron, Thomas G. Bost
The Lawyer As Truth-Teller: Lessons From Enron, Thomas G. Bost
Pepperdine Law Review
The teaching and practice of law assume and are shaped by the standard vision of lawyer conduct and ethical responsibility. Under the standard vision, which is reflected in the various codes of professional responsibility governing lawyers, the lawyer is a "neutral partisan" for his or her client: "neutral" in that he does not let his moral values affect his actions on behalf of his client; "partisan" in that she does whatever she can within the limits of the law to advance her client's stated interests. Because the standard vision is readily understood by most lawyers as imposing a code of …
The Lawyer's Humble Walk, Mark Osler
The Lawyer's Humble Walk, Mark Osler
Pepperdine Law Review
A growing body of literature addresses the role faith plays in the work of many lawyers. This article argues that humility is the defining characteristic of the lawyer of faith.
Reflections On "Can The Ordinary Practice Of Law Be A Religious Calling?", Moshe Kushman
Reflections On "Can The Ordinary Practice Of Law Be A Religious Calling?", Moshe Kushman
Pepperdine Law Review
No abstract provided.
Contrasting The Vision And The Reality: Core Ethical Values, Ethics Audit And Ethics Decision Models For Attorneys, Arthur Gross Schaefer, Leland Swenson
Contrasting The Vision And The Reality: Core Ethical Values, Ethics Audit And Ethics Decision Models For Attorneys, Arthur Gross Schaefer, Leland Swenson
Pepperdine Law Review
No abstract provided.