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2005

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Articles 1 - 30 of 124

Full-Text Articles in Law

Electronic Case Filing: Is Failure To Check Email Related To An Electronically Filed Case Malpractice?, Jessica Bekskis Dec 2005

Electronic Case Filing: Is Failure To Check Email Related To An Electronically Filed Case Malpractice?, Jessica Bekskis

Washington Journal of Law, Technology & Arts

This article explores electronic case filing and the duties of lawyers with regard to electronic filing. A recent federal district court case held that an attorney’s failure affirmatively to check the status of his case via email or the court’s PACER system, which resulted in dismissal of the case, did not constitute excusable neglect under Rule 60(b)(1) of the Federal Rules of Civil Procedure. This holding imputes a professional duty on lawyers who use the electronic filing system to check email and the status of their case, suggesting that breaching of such duty may constitute malpractice.


Some Preliminary Statistical, Qualitative, And Anecdotal Findings Of An Empirical Study Of Collegiality Among Law Professors, Michael L. Seigel Dec 2005

Some Preliminary Statistical, Qualitative, And Anecdotal Findings Of An Empirical Study Of Collegiality Among Law Professors, Michael L. Seigel

ExpressO

This article is an empirically-based follow-up to a piece I published last year in the Journal of Legal Education entitled, On Collegiality, 54 J. Legal Educ. 406 (2004). It provides insight into the process of conducting empirical research and sets forth some preliminary – yet very intriguing – data and qualitative information gleaned from a survey responded to by more than 1200 law professors nationwide. The survey addressed a wide range of topics related to collegiality and job satisfaction in the legal-academic profession.


Vol. 4, No. 01 (December 2005) Dec 2005

Vol. 4, No. 01 (December 2005)

Indiana Law Update

No abstract provided.


The Difference Between Filing Lawsuits And Selling Widgets: The Lost Understanding That Some Attorneys’ Exercise Of State Power Is Subject To Appropriate Regulation, Paul Taylor Dec 2005

The Difference Between Filing Lawsuits And Selling Widgets: The Lost Understanding That Some Attorneys’ Exercise Of State Power Is Subject To Appropriate Regulation, Paul Taylor

The University of New Hampshire Law Review

[Excerpt] "It is often argued that all attorneys practicing in the United States – regardless of the function they perform in the American justice system – are purely private actors working in a free market system. This article examines whether it is true that all attorneys in every instance should be equated, as a matter of public policy, with other private actors.

This article explores why not all attorneys function in a free market, and consequently their remuneration should not always remain unregulated. Attorneys who file lawsuits can, by simply filing a complaint at their unfettered discretion, immediately subject defendants to the ...


How Lawyers Lose Their Way: A Profession Fails Its Creative Minds (Duke University Press 2005), Jean Stefancic, Richard Delgado Nov 2005

How Lawyers Lose Their Way: A Profession Fails Its Creative Minds (Duke University Press 2005), Jean Stefancic, Richard Delgado

University of Pittsburgh School of Law Working Paper Series

This is an excerpt from How Lawyer’s Lose Their Way: A Profession Fails Its Creative Minds. Professors Jean Stefancic and Richard Delgado use historical investigation and critical analysis to diagnose the cause of the pervasive unhappiness among practicing lawyers. Most previous writers have blamed the high rate of burnout, depression, divorce, and drug and alcohol dependency among these highly paid professionals on the narrow specialization, long hours, and intense pressures of modern legal practice. Stefancic and Delgado argue that these professional demands are only symptoms of a deeper problem: the way lawyers are taught to think and reason. They ...


Readers' Expectations, Discourse Communities, And Writing Effective Bar Exam Answers, Denise D. Riebe Nov 2005

Readers' Expectations, Discourse Communities, And Writing Effective Bar Exam Answers, Denise D. Riebe

ExpressO

This article advocates that law schools should provide bar exam preparation for students, including instruction regarding effective writing for bar exams. Using the reader expectation approach and considering the unique conventions of the legal profession's discourse community as a theoretical backdrop, this article examines effective writing for bar exams. It also provides practical recommendations for instructing students to write effective bar exam answers.


Good Faith In The World Of Delaware Corporate Litigation: A Strategic Perspective On Recent Developments In Fiduciary Duty Law, Zachary S. Klughaupt Nov 2005

Good Faith In The World Of Delaware Corporate Litigation: A Strategic Perspective On Recent Developments In Fiduciary Duty Law, Zachary S. Klughaupt

ExpressO

The Delaware Chancery’s new-found willingness to hold corporate directors accountable for breaching the duty of good faith has provoked widespread attention in both the business and legal communities. Legal practitioners and scholars recognize the novelty of Delaware’s recent good faith jurisprudence, as well as its potential to expose directors to gigantic personal damage awards, and in fact have published numerous articles that seek to delimit the boundaries of good faith conduct. But until now, most discussions of good faith as a fiduciary duty have approached the subject as an abstract measure of conduct, showing little regard for how ...


Clark Memorandum: Fall 2005, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Nov 2005

Clark Memorandum: Fall 2005, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski Nov 2005

Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski

Boston College Law School Faculty Papers

No abstract provided.


They're Playing A Tango, John W. Reed Nov 2005

They're Playing A Tango, John W. Reed

Other Publications

An address at the State Bar of Michigan Annual Meeting Luncheon, September 22, 2005.


Tribute To John Pickering, Ruth Bader Ginsburg Nov 2005

Tribute To John Pickering, Ruth Bader Ginsburg

Michigan Law Review

John Pickering was a grand human whose life is just cause for celebration. He taught constantly, through his own work and deeds, how lawyers in private practice can contribute hugely to the public good. John's dear friend, my revered D.C. Circuit colleague, Carl McGowan, spoke of the lawyer of technical competence content to be a working mason. The best of lawyers, Judge McGowan said, serve as architects, planners, builders in law. Along with high technical competence, the best of lawyers have a deep understanding of the nature and purposes of the law, which makes them wise and reliable ...


Tribute To John Pickering, Raymond C. Clevenger Nov 2005

Tribute To John Pickering, Raymond C. Clevenger

Michigan Law Review

This is my homage to John. I ask you to summon up in your imagination today a grand circus, a sort of Cirque du Soleil of lawyers: full of shining talents performing legal feats of wonder, but presided over by a grand ringmaster. This ringmaster knows his performers very well. He knows how to train and stroke them to high achievement. He knows how to groom the younger workers. He can keep his stars in check. He knows when to sit back with a smile, letting his charges perform and claim the applause, even when the applause rightfully belongs to ...


Tribute To John Pickering, Timothy B. Dyk Nov 2005

Tribute To John Pickering, Timothy B. Dyk

Michigan Law Review

It is very appropriate that we are here today to honor John Pickering, who, for more than five decades, was a leading member of our bar. I first met John when I joined the small firm of Wilmer, Cutler & Pickering in 1964, two years after it was founded. The three founding fathers of the firm were formidable figures, particularly to a young lawyer, and John Pickering was no exception. I do not mean that John was unkind. He was the kindest of people. But there was something particularly serious about him, and I always wondered whether that had to do with growing up in the prewar years. He had a demeanor that seemed to preclude coming to work in casual clothes or bantering during the work day or taking the associates out to a local watering spot after work. I remember that John's secretary was known as "Miss Blackney"; there was a formality even about John's secretary.


Tribute To John Pickering, Marcia Greenberger Nov 2005

Tribute To John Pickering, Marcia Greenberger

Michigan Law Review

This room is filled with many women lawyers. All of us loved John Pickering and are in his debt, but we are only a small number of those who do. For many decades, John guided young, and I must admit not so young, women lawyers to positions where they could stand up for their own rights and the rights of others. He worked with us to champion the causes that matter most to women and their families. John used his great stature and the enormous respect that he garnered to open doors for women to leadership positions in the bar ...


Tribute To John Pickering, Elaine R. Jones Nov 2005

Tribute To John Pickering, Elaine R. Jones

Michigan Law Review

This talented, persuasive, committed lawyer-leader, John Pickering, had several abiding personal and professional interests, two of which enhanced my life directly, and most of which enhanced my life indirectly. The first was the great personal interest he took in lawyers younger than himself, and the second was his passion about civil rights and combating the effects of racial discrimination.


Tribute To John Pickering, Noël Anketell Kramer Nov 2005

Tribute To John Pickering, Noël Anketell Kramer

Michigan Law Review

I knew John Pickering from the time that I was a second-year law student- just a few years ago, it seems-when he and Sally Katzen recruited me to join what was then the small firm of Wilmer, Cutler & Pickering. We remained friends thereafter, sharing among other interests an avid loyalty to the University of Michigan.


Tribute To John Pickering, Esther Lardent Nov 2005

Tribute To John Pickering, Esther Lardent

Michigan Law Review

I want to talk to you about the lessons that so many of us have learned from John, and the qualities that made him so memorable and so extraordinary. The first was his unerring ability to know what was right. Now, many of us want to do right, but John always knew what the right thing was. Despite growing up in a time and place where women and people of color were not valued, where the homeless, the despised, the poor, and the disadvantaged were not considered worthy, John cared deeply about doing right by all of these people.


Tribute To John Pickering, Louis F. Oberdorfer Nov 2005

Tribute To John Pickering, Louis F. Oberdorfer

Michigan Law Review

John left word that he did not want a lot of eulogies, so there is much I could say about him that I do not because I honor his request.


Tribute To John Pickering, John Payton Nov 2005

Tribute To John Pickering, John Payton

Michigan Law Review

I want to reflect on what we have heard here today, and over the course of the last several weeks, about John Pickering. We have heard simply remarkable things about a remarkable man of consequence. He was not just a remarkable person. He was more than that. He was a remarkable person who did things that actually changed everyone's lives. He mattered. We heard a lot of things today and some of them we heard for the first time. But I do not think that any of us was surprised to hear any of them about John Pickering. We ...


Tribute To John Pickering, William J. Perlstein Nov 2005

Tribute To John Pickering, William J. Perlstein

Michigan Law Review

One of my colleagues asked me soon after John died, "How could someone live to be eighty-nine years old and yet there is no one who had a bad word to say about him?" This is an intriguing question. It is not because John Pickering did not have strongly held views about things. Anyone who ever tangled with John in crafting a brief knew how tenacious he was. John was direct and candid and you knew where he stood on any matter. It is not because John was easygoing. When he saw something that he wanted changed, he did not ...


Tribute To John Pickering, James Robertson Nov 2005

Tribute To John Pickering, James Robertson

Michigan Law Review

John Pickering was so much involved with both the United States District Court for the District of Columbia and the United States Court of Appeals for the District of Columbia, and with the bar of this city. It would take too long to recite all of the ways in which John supported and helped our Court and the Court of Appeals, but I will note that, in every one of the ten years since I have been on this bench, John has been invited to speak at the Law Clerks Luncheon Series. That is a big deal. The law clerks ...


Tribute To John Pickering, Stanley L. Temko Nov 2005

Tribute To John Pickering, Stanley L. Temko

Michigan Law Review

John was a close friend and a professional colleague of mine for more than fifty years, and he was admired by and very close to a number of members of our firm. Everyone knows his substantial contributions as a lawyer. I will just mention a couple.


Tribute To Judge Merhige, Orran L. Brown Nov 2005

Tribute To Judge Merhige, Orran L. Brown

University of Richmond Law Review

No abstract provided.


The Professionalism Crisis: How Bar Examiners Can Make A Difference, Clark D. Cunningham Nov 2005

The Professionalism Crisis: How Bar Examiners Can Make A Difference, Clark D. Cunningham

Faculty Publications By Year

No abstract provided.


The Well Balanced Lawyer, Susan Daicoff Oct 2005

The Well Balanced Lawyer, Susan Daicoff

Susan Daicoff

No abstract provided.


Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski Oct 2005

Respondeat Superior: Never Send To Know For Whom The Bell Tolls: It Tolls For Thee, Paul R. Tremblay, J. Charles Mokriski

Paul R. Tremblay

No abstract provided.


"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have To Ensure Clients Follow Court Orders In Litigation Matters, Mafé Rajul Oct 2005

"I Didn't Know My Client Wasn't Complying!" The Heightened Obligation Lawyers Have To Ensure Clients Follow Court Orders In Litigation Matters, Mafé Rajul

Washington Journal of Law, Technology & Arts

Ensuring a client’s compliance with court orders and federal law is becoming a bigger responsibility for attorneys. This is because courts and Congress are starting to hold attorneys to higher standards with respect to their clients’ compliance with litigation duties and with federal law. This Article will address the duties Congress imposed on lawyers through the Sarbanes-Oxley Act with respect to up-the-ladder reporting and will parallel such standards with those set by the Southern District of New York court in Zubulake with respect to preserving electronic discovery in anticipation of litigation. Although the duties imposed by the Sarbanes-Oxley Act ...


Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver Oct 2005

Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver

ExpressO

This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools ...


Vol. 3, No. 09 (October/November 2005) Oct 2005

Vol. 3, No. 09 (October/November 2005)

Indiana Law Update

No abstract provided.


Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr. Oct 2005

Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Law

No abstract provided.