Law Commons^™

'France' In An Encyclopedia Of Infanticide. Ed. Brigitte Bechtold And Donna Cooper Graves. Edwin Mellen Press, 2010. 105-107., Sara L. Kimble

School of Continuing and Professional Studies Faculty Publications

No abstract provided.

Portraits Of Resistance: Lawyer Responses To Unjust Proceedings, Alexandra Lahav

Faculty Articles and Papers

This Article considers a question rarely addressed: what is the role of the lawyer in a manifestly unjust procedural regime? Many excellent studies have considered the role of the judge in unjust regimes, but the lawyer’s role has been largely ignored. This Article draws on two case studies: that of lawyers representing civil rights leaders during protests in Birmingham, Alabama in 1963 and that of lawyers representing detainees facing military commission proceedings in Guantánamo Bay, Cuba. These portraits illuminate the role of the lawyer in a procedurally unjust tribunal operating within a larger liberal legal regime such as our own. …

Raising The Bar: Us Legal Education In An International Setting, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

A Statistical Analysis Of The Patent Bar: Where Are The Software-Savvy Patent Attorneys?, Ralph D. Clifford, Thomas G. Field Jr., Jon R. Cavicchi

Faculty Publications

Among the many factors that impact the declining quality of U.S. patents is the increasing disconnect between the technological education patent bar members have and the fields in which patents are being written. Based on an empirical study, the authors show that too few patent attorneys and agents have relevant experience in the most often patented areas today, such as computer science. An examination of the qualification practices of the U.S. Patent and Trademark Office (“PTO”) suggests that an institutional bias exists within the PTO that prevents software-savvy individuals from registering with the Office. This paper concludes with suggestions of …

Collaborative Lawyers' Duties To Screen The Appropriateness Of Collaborative Law And Obtain Clients' Informed Consent To Use Collaborative Law, John M. Lande, Forrest Steven Mosten

Faculty Publications

Collaborative Law (CL) is an innovative dispute resolution process that offers significant benefits but also poses significant non-obvious risks. This Article provides a systematic analysis of these possible risks as identified in books written by CL experts, CL practice group websites, social science research, and bar association ethics opinions. In CL, the lawyers and clients sign a "participation agreement" promising to use an interest-based approach to negotiation and fully disclose all relevant information. A key element of CL is the "disqualification agreement" signed by parties (and sometimes by attorneys) which provides that both CL lawyers would be disqualified from representing …

Straightening Up: Black Women Law Professors, Interracial Relationships And Academic Fit(Ting) In, Adele M. Morrison

Law Faculty Research Publications

No abstract provided.

From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel S. Terry

Journal Articles

This article provides a comprehensive overview of the treatment of legal services in the United States’ international trade agreements. Although many individuals are now familiar with the General Agreement on Trade in Services (GATS), far fewer realize that legal services are included in at least fifteen international trade agreements to which the United States is a party. This article begins by identifying those trade agreements and other developments including the 2009 Legal Services Initiative of the Asia Pacific Economic Cooperation (APEC). The article continues by explaining the structure of the GATS and comparing its provisions to the provisions found in …

Good But Not Great: Improving Access To Public Records Under The D.C. Freedom Of Information Act, 13 D.C. L. Rev. 359 (2010), Margaret B. Kwoka, Melissa Davenport

UIC Law Open Access Faculty Scholarship

No abstract provided.

Is Our Students Learning - Using Assessments To Measure And Improve Law School Learning And Performance, 15 Barry L. Rev. 73 (2010), Rogelio A. Lasso

UIC Law Open Access Faculty Scholarship

No abstract provided.

Winter 2010 Magazine

Ergo

No abstract provided.

Revealing The Naked Truth About Solos, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Like most tabloid journalism, the truth about solos is a lot less titillating than the headlines. This group of lawyers makes up the largest segment of legal practitioners in New York and every other state in the United States. Outside of metropolitan areas, solos represent the bulk of most law practices, and even a “large” firm in many small towns likely will have five lawyers or fewer.

A Dean Of Character, Joel K. Goldstein

All Faculty Scholarship

Jeff Lewis’s deanship will be remembered for the tangible contributions it made to the development of Saint Louis University School of Law (the School) and to the University of which it is an important part. The size of the faculty increased dramatically through entry-level and lateral hiring (the latter something rarely done before). More resources were made available to support faculty scholarly activities. The School intensified its commitment to clinical and practical skills training, the curriculum was expanded and arranged in a coherent manner to better prepare students for practice, and small-section classes were introduced. The School’s program centers were …

Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri

Articles

No abstract provided.

International Bridges To Justice (Ibj) - Criminal Defence Training, Lien Centre For Social Innovation

Social Space

Criminal justice systems across the world continue to be plagued by problems such as arbitrary detention, torture and an inadequate knowledge of the rights of defendants. IBJ hopes to establish a legal resource hub for criminal defenders and justice practitioners across Asia by taking a collaborative and proactive approach with Asian governments and fostering leadership and innovation in the area of criminal justice reform.

A Tribute To Henry T. King, Michael P. Scharf

Faculty Publications

Henry King is the reason I'm teaching at Case Western Reserve University School of Law. Over the years he became my mentor, friend, and inspiration.

It's The Law! Applying The Law Is The Missing Measure Of Civil Law / Common Law Convergence, James Maxeiner

All Faculty Scholarship

It’s the Law! The application of law to facts is a measure of convergence of common and civil law systems of civil procedure that is missing from our program. The previous session addressed “Getting Straight to the Facts” and “Getting Results.” Facts and results are fine, but what of the law and of its application? Should not applying law have pride of place in systems of civil justice? Should not it be the measure of convergence?

The measure of convergence that I propose is whether methods of applying law to facts are converging. Applying law to facts is the principal …

Keeping Up With Legal Technology: Five Easy Places, Jennifer L. Behrens

Faculty Scholarship

No abstract provided.

Rereading Rauscher Is It Time For The United States To Abandon The Rule Of Specialty, Mark A. Summers

Faculty Scholarship

No abstract provided.

Lawyering And Learning In Problem-Solving Courts, Paul Holland

Faculty Articles

The introduction of Drug Courts and other problem-solving courts has brought significant change to the American criminal justice system. This change has required lawyers working in these courts to re-examine their role and to re-consider and re-calibrate the nature of their interactions and relationships with their clients and all of the other actors in the system. This article looks beyond the rhetorically charged debate that has marked these changes and offers instead a close examination of the actual experience of lawyers, judges, and most importantly, defendant-participants, in these courts. This examination demonstrates that many of the traditional values embedded in …

Ivan Rand's Ancient Constitutionalism, Jonathon Penney

Articles, Book Chapters, & Popular Press

Few names loom larger than Ivan Rand’s in the history of Canadian law. If anything, Rand has retained his image as a courageous judge willing to bend the law in creative ways to seek justice and protect the rights of oppressed minorities. But Rand’s legal ideas have not faired as well. Over the years, his theory of “implied rights,” and view of the judicial role, has been criticized as incoherent and indefensible. The central aim of this paper is to challenge these criticisms. I want to offer a solution by reconstructing an overlooked component of his legal thought: a form …

Corporate 'Miranda' Warnings, Peter A. Joy, Kevin C. Mcmunigal

Faculty Publications

Administrative agencies and prosecutors have adopted formal and informal measures to push corporations to establish compliance programs, to disclose wrongdoing voluntarily, and to cooperate with government investigations, creating what some commentators refer to as a culture of cooperation. Key to internal investigations are employee interviews by counsel.

Employees, especially senior employees, may assume that the lawyers representing their organizational employers represent them as well in matters relating to their work. To avoid this misunderstanding, both in-house and outside counsel now use “corporate Miranda warnings” or “Upjohn warnings.” In law enforcement interrogation, the Miranda warning is an antidote to the coercive …

Transnational Legal Practice 2009, Carole Silver, Laurel S. Terry, Ellyn S. Rosen

Articles by Maurer Faculty

This article identifies some of the most important U.S. and international developments in transnational legal practice and provides citations for further research. The article begins by briefly reviewing the impact of the recession on legal services. The second section focuses on international developments. It identifies some of the ongoing efforts to implement the 2007 U.K. Legal Services Act, including the issuance of the influential Hunt and Smedley reports. It also provides information about law reform initiatives in France, Scotland and Korea. This section of the article also provides information about Canadian and Australian developments regarding admission of foreign applicants and …

Lawyers, Guns & Public Monies: The U.S. Treasury, World War One, And The Administration Of The Modern Fiscal State, Ajay K. Mehrotra

Articles by Maurer Faculty

The First World War was a pivotal event for American political and economic development, particularly in the realm of public finance. For it was during the war years that the federal government ended its traditional reliance on regressive import duties and excise taxes as principal sources of revenue and began a modern era of fiscal governance, one based primarily on the direct and progressive taxation of personal and corporate income. Like other aspects of war mobilization, this fiscal revolution required an enormous infusion of national administrative resources. Nowhere was this more evident than within the corridors of the U.S. Treasury …

The Accidental Clinician And The Experienced Director: A Conversation On The Value Of Externships, Marjorie A. Silver, Mary Jo Eyster

Scholarly Works

In the summer of 2010, Mary Jo Eyster and Marjorie Silver conversed, via email, about the ways in which externship programs add unique value to the student’s education, separate and apart from their cost-effectiveness as compared to the in-house clinic. The result is this paper, a dialogue between a stand-up teacher who chose to teach the externship seminar and a seasoned clinician.

Mary Jo and Marjorie agree that the well-designed, well-executed program should drive the design, teaching and administration of externships and their accompanying seminars. They share the goals that each of them privilege in the programs they have designed, …

Learning By Doing: An Experience With Outcomes Assessment, Mary Crossley, Lu-In Wang

Articles

An emphasis on assessment and outcomes measures is a drum beat that is growing louder in American legal education. Prompted initially by the demands of regional university accreditation bodies, the attention paid to outcomes assessment is now growing with the forecast that the ABA will revise its accreditation standards to incorporate outcomes measures. For the past three years, the University of Pittsburgh School of Law has been developing a system for assessing the learning outcomes of its students. By describing our experience here at Pitt Law, with both its high and low points, we hope to suggest some helpful pointers …

Anger, Irony, And The Formal Rationality Of Professionalism, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.

What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver

Articles by Maurer Faculty

No abstract provided.

(Re) Constructing Judicial Ethics In Canada, Richard Devlin Frsc

Articles, Book Chapters, & Popular Press

Any discussion of judicial ethics and accountability -- whether it is at the state, national, or international level-inevitably requires engagement with two key ideals: impartiality and independence. Ideals are important because they can provide a trajectory for human action. But ideals can also be a problem because their generality and abstraction can cause one to prevaricate -- or even pontificate -- when it comes to the immediate and the pragmatic Indeed, there are times when ideals such as impartiality and independence can become false gods insofar as they promise salvation but ultimately, deliver little. Consequently, when one is asked to …

What's Love Got To Do With It?: Contemporary Lessons On Lawyerly Advocacy From The Preacher Martin Luther King, Jr., Deborah J. Cantrell

Publications

Lawyers have long been inspired by the advocacy work of Martin Luther King, Jr. From his work on the Montgomery bus boycott, to lunch counter sit-ins, to his March on Washington, Dr. King demonstrated skilled advocacy that resulted in important legal advancements. While lawyers give primacy to Dr. King as an advocate, Dr. King gave primacy to his work as a preacher. This article challenges the legal profession to consider the ways in which Dr. King, the preacher, may be as inspirational and instructive as Dr. King, the civil rights icon. Just as Dr. King's religious values were not abstracted …

Playing Nice: The Dos And Don'ts Of Courtroom Etiquette, Maureen A. Howard

Articles

No matter how brilliant the lawyer, impressive her credentials, thorough her case preparation, or razor-sharp her analytic skills, she risks damaging her case — and her reputation — if she fails to comply with basic courtroom etiquette. There are certain dos and don’ts of courtroom behavior that are understood by seasoned trial lawyers and expected from judges. There are also common courtesies expected by jurors of lawyers who are viewed as professional and credible. A lawyer will undoubtedly learn these behavioral norms in the trenches over time, but she is well advised to have a courtroom etiquette checklist in her …