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Articles 31 - 60 of 132
Full-Text Articles in Law
Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise
Louisiana's Division Of Administrative Law: An Independent Administrative Hearings Tribunal , Ann Wise
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr
Accountability In The Administrative Law Judiciary: The Right And The Wrong Kind, Edwin L. Felter Jr
Journal of the National Association of Administrative Law Judiciary
This article discusses and evaluates several forms of accountability in the administrative law judiciary, and compares them with prevalent forms of accountability in the judicial branch. Felter argues that codes of judicial conduct, as well as formal enforcement mechanisms, work together to maintain a balance of independence and accountability in the administrative law judiciary. The article analyzes the "right kinds" of accountability as distinguished from the "wrong kind" of accountability, i.e., political accountability. The article maintains that decisional independence is the cornerstone of any properly functioning adjudication system. The price of decisional independence is accountability to concepts and mechanisms other …
Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski
Greater Independence For Aljs Plus Cost Savings For Agencies: The Coast Guard Model, Walter J. Brudzinski
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Education For Judicial Aspirants, Keith R. Fisher
Education For Judicial Aspirants, Keith R. Fisher
Journal of the National Association of Administrative Law Judiciary
Introductory judicial education (IJE) is an avenue for improving both appointive and elective systems of judicial selection. The impetus for considering this topic can be traced back to lingering unease with judicial selection and the ongoing (though now somewhat stagnant) debate over merit selection. Moreover, changes in the nature of law practice and the judicial role over the past several decades have rendered the gap between those two activities increasingly large. Moreover, surveys of minority communities have consistently demonstrated a far lower degree of confidence in the impartiality and fairness of our nation’s judges. IJE is an effort to maximize …
Justice For All, Patricia Kay Oliver
Justice For All, Patricia Kay Oliver
Pepperdine Law Review
Fourteen years into her career at a top U.S. law firm, no one would have imagined that Patricia K. Oliver would walk away from her private practice to return to the world of her poverty-filled childhood in Compton. But in 2011, she left her practice to serve as the President and Executive Director of Christian Legal Aid of Los Angeles (CLA-LA). This is the story of her journey, which she was honored to share at the Pepperdine Law Review's The Lawyer of the Future symposium.
A Blueprint For Change, William D. Henderson
A Blueprint For Change, William D. Henderson
Pepperdine Law Review
This Article discusses the financial viability of law schools in the face of massive structural changes now occurring within the legal industry. It then offers a blueprint for change - a realistic way for law schools to retool themselves in an attempt to provide our students with high quality professional employment in a rapidly changing world. Because no institution can instantaneously reinvent itself, a key element of Professor Henderson's proposal is the 12% solution: approximately 12% of faculty members take the lead on building a competency-based curriculum that is designed to accelerate the development of valuable skills and behaviors prized …
The Future Of Legal Education Reform, James E. Moliterno
The Future Of Legal Education Reform, James E. Moliterno
Pepperdine Law Review
As a historical matter, the legal profession obstinately resists change. Its ponderous, backward-looking and self-preservationist characteristics are embodied in the ABA's Ethics 20/20 Commission, which endeavors to protect, preserve, and maintain. But the profession suffers from such thinking. It must look forward; grow more attuned to outside events and trends; and become a player in how change is assimilated into established ways, and how established ways are replaced by more effective ones. Law schools require reform. The academic focus bears little relation to the reality of practice. Graduates must better able to contribute to clients of law firms and to …
Legal Education: Rethinking The Problem, Reimagining The Reforms, Deborah L. Rhode
Legal Education: Rethinking The Problem, Reimagining The Reforms, Deborah L. Rhode
Pepperdine Law Review
Whether or not law schools are in a crisis, it is certainly true that legal education currently faces a number of significant challenges. The fundamental problem is a lack of consensus over what the problem is. Legal educators and regulators are developing well-intended but inadequate responses to the symptoms, not the causes of law school woes. In addition to identifying the problem, this Article discusses potential reforms. Financial issues represent a significant source of much of the current criticisms face by law schools today. Tuition rates have increased at a pace far outstripping the steep hikes seen at universities as …
How To Make Rules For Lawyers: The Professional Responsibility Of The Legal Profession, Stephen Gillers
How To Make Rules For Lawyers: The Professional Responsibility Of The Legal Profession, Stephen Gillers
Pepperdine Law Review
When considering the professional responsibilities of American lawyers, two questions often arise: (1) whether a particular rule strikes the right balance among the multiple interests it purports to reconcile and (2) whether in a particular circumstance a lawyer's or law firm's behavior complied with the governing rules. This article explores a third question. What is the responsibility of the profession itself when, through its various institutions and especially bar associations, it asks courts, lawmakers, or agencies to adopt particular rules governing the conduct of lawyers? Rather than exploring the discussing the conduct of individual lawyers or the correctness of any …
Louis D. Brandeis And The Lawyer Advocacy System, Robert F. Cochran Jr.
Louis D. Brandeis And The Lawyer Advocacy System, Robert F. Cochran Jr.
Pepperdine Law Review
The law practice of Louis Brandeis serves as an appropriate vehicle for examining both the history of the legal profession in the United States and the role of lawyers as philanthropists. Brandeis was one of America's most successful and innovative lawyers at the turn of the twentieth century, and serves as a role model for lawyers in his dedication to public service. Brandeis, of course, is best known for his work as a Justice on the United States Supreme Court; however, he is less well known for his work as a lawyer-though he practiced law for 40 years before he …
The Lawyer Of The Future, Deanell Reece Tacha
The Lawyer Of The Future, Deanell Reece Tacha
Pepperdine Law Review
This piece introduces the Pepperdine Law Review symposium issue for Volume 40, publishing articles derived from the April 20, 2012 The Lawyer of the Future: Exploring the Impact of Past and Present Lawyers and the Lessons They Provide for Future Generations symposium, which explored the role of the lawyer in American society-past, present, and future.
The Case For "Higher Law", John Warwick Montgomery
The Case For "Higher Law", John Warwick Montgomery
Pepperdine Law Review
No abstract provided.
Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes
Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes
Pepperdine Law Review
The quality of our judicial system, like other institutions, is a function of the work performed by those who are afforded major roles in the dispensation of justice. Unmistakably. judges, jurors and lawyers assume key roles in this process. Professor Aynes, who is a member of the A.B.A.'s Evaluation of Judicial Performance Committee, recognizes that both judges and lawyers, unlike jurors, are professionals expected to bring more to the bench than honesty, good faith and diligence. The author observes that while efforts to improve the daily performance of attorneys have been well under way since the early 1970's, it i …
Up Or Out And Into The Supreme Court: A Forecast For Hishon V. King And Spalding , Linda Randlett Kollar
Up Or Out And Into The Supreme Court: A Forecast For Hishon V. King And Spalding , Linda Randlett Kollar
Pepperdine Law Review
The author presents an extensive analysis of Title VII in an effort to forecast the forthcoming Supreme Court decision of Hishon v. King and Spalding. Included are the issues presented to the Court, the legislative history of Title VII, the Eleventh Circuit Court of Appeals' decision, and a historical inquiry of the applicable decisions of the Burger Court. Although the outcome of the case has yet to be decided, the author's informed prediction will guide commentaries in the future.
Guiding The Invisible Hand: The Consumer Protection Function Of Unauthorized Practice Regulation, Elizabeth Michelman
Guiding The Invisible Hand: The Consumer Protection Function Of Unauthorized Practice Regulation, Elizabeth Michelman
Pepperdine Law Review
No abstract provided.
Sanctions Under California Code Of Civil Procedure Section 128.5: How To Avoid Eating A Piece Of Humble Pie, Tara A. Flanagan
Sanctions Under California Code Of Civil Procedure Section 128.5: How To Avoid Eating A Piece Of Humble Pie, Tara A. Flanagan
Pepperdine Law Review
No abstract provided.
Sequencing And Allocating Attorney Time To Cases, Stuart S. Nagel
Sequencing And Allocating Attorney Time To Cases, Stuart S. Nagel
Pepperdine Law Review
No abstract provided.
The Grand Jury Subpoena: Is It The Prosecutor's "Ultimate Weapon" Against Defense Attorneys And Their Clients?, Tara A. Flanagan
The Grand Jury Subpoena: Is It The Prosecutor's "Ultimate Weapon" Against Defense Attorneys And Their Clients?, Tara A. Flanagan
Pepperdine Law Review
No abstract provided.
A Comment On The Instruction Of Constitutional Law, William H. Rehnquist
A Comment On The Instruction Of Constitutional Law, William H. Rehnquist
Pepperdine Law Review
No abstract provided.
Mandatory Disclosure: California Bar Refuses To Adopt Proposed Rule To Confront Client Perjury , David B. Wasson
Mandatory Disclosure: California Bar Refuses To Adopt Proposed Rule To Confront Client Perjury , David B. Wasson
Pepperdine Law Review
No abstract provided.
Mandatory Pro Bono: The Path To Equal Justice, John R. Desteiguer
Mandatory Pro Bono: The Path To Equal Justice, John R. Desteiguer
Pepperdine Law Review
No abstract provided.
Response To "One Year After Dondi: Time To Get Back To Litigating?", Thomas M. Reavley
Response To "One Year After Dondi: Time To Get Back To Litigating?", Thomas M. Reavley
Pepperdine Law Review
No abstract provided.
One Year After Dondi: Time To Get Back To Litigating?, William A. Brewer Iii, Francis B. Majorie
One Year After Dondi: Time To Get Back To Litigating?, William A. Brewer Iii, Francis B. Majorie
Pepperdine Law Review
No abstract provided.
Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods
Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods
Pepperdine Law Review
No abstract provided.
Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley
Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley
Pepperdine Law Review
No abstract provided.
Introduction, Ronald F. Phillips
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.