Law Commons^™

A Critique Of Burrow V. Arce, Charles Silver

William & Mary Environmental Law and Policy Review

No abstract provided.

Preface, Rodney K. Smith

The Journal of Appellate Practice and Process

The Solicitor General of the United States is "the Appellate Lawyer's Lawyer." The Solicitor General is the leading appellate advocate before the Supreme Court. The Solicitor General participates in 75% of oral arguments in the Court and represents no one but the United States. This special section is a tribute to this valued position.

Toward A Community Of Professionalism, Elliot L. Bien

The Journal of Appellate Practice and Process

Professionalism amongst American litigators has declined. Many jurisdictions have adopted codes of conduct in order to restore professionalism. These attempts have done little to restore professionalism. Similar adversarial systems, like England's, are admired for their professionalism. What creates this value amongst barristers is a sense of community. A similar practice should be adopted in the United States in order to restore a sense of professionalism in litigation.

In The Shadow Of Daniel Webster: Arguing Appeals In The Twenty-First Century, Seth P. Waxman

The Journal of Appellate Practice and Process

The Solicitor General is often asked to give advice on oral advocacy. Seth P. Waxman has been reluctant to give such advice. Asking an advocate for advice about oral advocacy instead of a judge is like asking a fisherman for advice about catching fish if fish could speak. Waxman begins with a look at the life of acclaimed advocate, Daniel Webster, before giving his long reserved advice.

Gatekeeping Stress: The Science And Admissibility Of Post-Traumatic Stress Disorder, Edgar Garcia-Rill, Erica Beecher-Monas

University of Arkansas at Little Rock Law Review

No abstract provided.

Fall 2001

Transcript

No abstract provided.

How Prospect Theory Can Improve Legal Counseling, John M.A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.

Introduction: The Impact Of Science On Legal Decisions—What Can Social Science Tell The Courts And Lawyers?, Theresa M. Beiner

University of Arkansas at Little Rock Law Review

No abstract provided.

Multi-Disciplinary Professional Practices: A Consumer Welfare Perspective, Michael Trebilcock, Lila Csorgo

Dalhousie Law Journal

Multi-disciplinary professional practices (MDPs) involving lawyers, accountants and otherprofessionals, have been the subject of considerable industrystudyand controversy in Canada and abroad. In this article, the authors evaluate the advantages and disadvantages of MDPs strictly from a consumer welfare perspective. They argue that, although MDP critics' concerns surrounding such issues as solicitor-client privilege, independence, conflicts of interest, and unauthorized practice are valid, they are often overstated and are, in many cases, encountered even today by professionals outside the MDP context. The advantages to consumers of permitting the evolution of such practices would, in any event, significantly outweigh such disadvantages. The authors'analysis …

Courtroom Bias: Gender Discrimination Against Pregnant Litigators, Sandy Mastro

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Rethinking The Discharge Of Pre-Petition Attorney Fees In Chapter 7 Bankruptcy: A Debtor Oriented Perspective, James L. Neher

University of the District of Columbia Law Review

The courts are split over a provision of the Bankruptcy Code,' in which the majority courts hold that upon the filing of a Chapter 7 bankruptcy, 2 unpaid attorney fees, for pre-petition work in connection with preparing and filing bankruptcy, are discharged. In contrast, the minority view holds that attorney fees in connection with preparing and filing a bankruptcy are not dischargeable whether prepaid or not, as long as they are not excessive.4 The problem with the majority view is that indigent debtors may be deprived of access to legal counsel unless they can pay all or most of their …

When Lawyers Break The Law: How The District Of Columbia Court Of Appeals Disciplines Members Of The Bar Who Commit Crimes, Larry Cunningham

University of the District of Columbia Law Review

No abstract provided.

The Clintons' Legal Defense Fund: Income From Payment Of Legal Expenses By Another And Deductibility Of Such Expenses, John R. Dorocak

West Virginia Law Review

No abstract provided.

List Of Members Of Association

Indiana Law Journal

No abstract provided.

Summer 2001

Transcript

No abstract provided.

Gender Bias Task Force: Comments On Courtroom Environment, Sam W. Coleman, Iii

Washington and Lee Law Review

No abstract provided.

Gender Bias Task Force: Comments On The Final Report, Elizabeth B. Lacy

Washington and Lee Law Review

No abstract provided.

Introductory Essay: The Relevance Of Gender Bias Studies, Blake D. Morant

Washington and Lee Law Review

No abstract provided.

Gender Bias Task Force: Comments On Family Law Issues, Philip Trompeter

Washington and Lee Law Review

No abstract provided.

Gender Bias Task Force: Comments On Substantive Law Issues, Jane Marum Roush

Washington and Lee Law Review

No abstract provided.

Judicial Reform And The State Of Japan's Attorney System: A Discussion Of Attorney Reform Issues And The Future Of The Judiciary, Kohei Nakabō, Yohei Suda

Washington International Law Journal

Based on the Judicial Reform Council's article "Points at Issue in Judicial Reform," this paper presents basic issues on the current status of the Japanese attorney system and areas to be addressed in judicial reform. [[Translator's Note] This Article formed the basis of Nakabō's report at the twelfth meeting of Judicial Reform Council held on February 8, 2000. It was originally published as the first of a two part paper in SERIES JUDICIAL REFORM I: [LEGAL PROFESSIONAL TRAINING; THE LAW SCHOOL CONCEPT] (2000).]

Japan's New Patent Attorney Law Breaches Barrier Between The "Legal" And "Quasi-Legal" Professions: Integrity Of Japanese Patent Practice At Risk?, Lee Rousso

Washington International Law Journal

In order to increase the quantity of intellectual property related legal services made available to the public, the Japanese Diet enacted a complete revision of Japan's eighty-year-old Patent Attorney Law. Under the terms of the new law, which became effective on January 6, 2001, benrishi (patent attorneys) have authority to greatly expand their range of professional activities. The newly recognized activities encroach upon the statutory monopoly long enjoyed by Japan's bengoshi (attorneys). Furthermore, the new legislation gives the benrishi a professional domain that is inconsistent with the profession's credential requirements. This Comment argues that the revision is likely to have …

A National Organization For Appellate Lawyers, J. Thomas Sullivan

The Journal of Appellate Practice and Process

The American Bar Association creates a new practice group for appellate practitioners. In addition, the necessity of reply briefs is discussed.

Common Disorders Of The Appendix And Their Treatment, Roger J. Miner

The Journal of Appellate Practice and Process

In the legal profession, an appendix is an integral part to an appellate brief. An appendix is as important as oral argument or the written brief. This essay examines the function of and rules for preparing an appendix. The discussion then identifies common deficiencies of appendices along with the consequences of the disorders.

Women, Writing & Wages: Breaking The Last Taboo, Jan M. Levine, Kathryn M. Stanchi

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

At The Helm Of The Multidisciplinary Practice Issue After The Aba's Recommendation: States Finding Solutions By Taking Stock In European Harmonization To Preserve Their Sovereignty In Regulating The Legal Profession, Robert K. Christensen

BYU Law Review

No abstract provided.

Taxation Of An Attorney's Contingency Fee Of A Punitive Damages Recovery: The Srivastava Approach, Benjamin C. Rasmussen

Brigham Young University Journal of Public Law

No abstract provided.

Reading The Law In The Office Of Calvin Fletcher: The Apprenticeship System And The Practice Of Law In Frontier Indiana, A. Christopher Bryant

Nevada Law Journal

No abstract provided.

Lawyers In The American West, 1820-1920: A Comment, Gordon Morris Bakken

Nevada Law Journal

No abstract provided.

Credit Cards In The United States And Japan, Ronald J. Mann

Law Quadrangle (formerly Law Quad Notes)

The following essay is excerpted from a paper prepared during fall 2000 during the author's stay in Tokyo as a visiting scholar at the Institutefor Monetary and Economic Studies at the Bank of Japan.

One of the most important aspects of consumer payment systems in the United States is the widespread use of credit cards. American consumers use credit cards to pay for about one-fifth of their purchases each year. That pattern of use is not universal.