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Legal Profession

Yeshiva University, Cardozo School of Law

Articles

2022

Articles 1 - 3 of 3

Full-Text Articles in Law

Lawyering The Presidency, Deborah Pearlstein Apr 2022

Lawyering The Presidency, Deborah Pearlstein

Articles

Among its many profound effects on American life, the Trump presidency has triggered a surge of interest in the project of law reform to better check the exercise of presidential power. Yet these reform efforts arise against a wholly unsettled debate about the function and effectiveness of existing checks, perhaps none more so than the role of executive branch legal counsel. With courts often deferential, and Congress hamstrung by partisan polarization, scholars have drawn on the experiences of executive branch lawyers to assess whether counsel functions as part of an “internal separation of powers” form of constraint. Yet while these …


The Rules Of Professional Responsibility And Legal Finance: A Status Update, Anthony J. Sebok Jan 2022

The Rules Of Professional Responsibility And Legal Finance: A Status Update, Anthony J. Sebok

Articles

Legal finance occurs when strangers fund litigation for profit. Traditionally looked upon with suspicion in the common law, and limited by the doctrines of champerty and maintenance, legal finance is now a thriving part of the American legal landscape. Legal finance has been promoted as a solution to the access-to-justice problems facing working and middle class Americans, as well as a new asset class for Wall Street. At the center of legal finance, however, are lawyers – not the lawyers who write the contracts for the financing – but the lawyers for the cases being financed.

Over the past decade, …


“A Force Created”: The U.S. Chamber Of Commerce And The Politics Of Corporate Immunity, Myriam E. Gilles Jan 2022

“A Force Created”: The U.S. Chamber Of Commerce And The Politics Of Corporate Immunity, Myriam E. Gilles

Articles

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