Law Commons^™

The Honorable Morris Sheppard Arnold, U.S. Courts Library 8th Circuit

Morris Arnold (1985)

No abstract provided.

In Memoriam: Anne Louise Hasselback, Ann Hodges, Kym Osterbind

University of Richmond Law Review

No abstract provided.

Clark Memorandum: Fall 2012, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Education Multipliers (Mehrsa Baradaran)
• Integrity and the Practice of Law (William A. Tilleman)
• He Answered Discreetly (Elder L. Whitney Clayton)
• On Becoming a Good Apple (Thomas B. Griffith)

Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney

Faculty Scholarship

In asserting that law is a profession, not a business, lawyers often refer to the role that self-governance plays in the legal profession. Julius Henry Cohen captured this sentiment in the following exhortation: “Ours is a profession...The sins of one of us are the sins of all of us.” Come, brethren, let us clean house.” Meaningful self-governance requires accountable and independent professionals. This article tackles accountability as fundamental aspects of professionalism. The examination of accountability considers fissures in accountability as demonstrated in lawyers’ rush to jump on the limited liability bandwagon and resistance to mandatory legal malpractice insurance and insurance …

Financiers As Monitors In Aggregate Litigation, Elizabeth Chamblee Burch

Scholarly Works

This Article identifies a market-based solution for monitoring large-scale litigation proceeding outside of Rule 23’s safeguards. Although class actions dominate the scholarly discussion of mass litigation, the ever increasing restrictions on certifying a class mean that plaintiffs’ lawyers routinely rely on aggregate, multidistrict litigation to seek redress for group-wide harms. Despite sharing key features with its class action counterpart—such as attenuated attorney-client relationships, attorneyclient conflicts of interest, and high agency costs—no monitor exists in aggregate litigation. Informal group litigation not only lacks Rule 23’s judicial protections against attorney overreaching and self-dealing, but plaintiff’s themselves cannot adequately supervise their attorneys’ behavior. …

Beyond Mediation: How Conflict Coaching Can Enhance Your Practice, Nadja Alexander, S Hardy

Research Collection Yong Pung How School Of Law

In this posting I want to reflect on how, as a mediator, I’ve learnt much from the related but independent conflict management process, called conflict coaching. Before I get ahead of myself, however, let me start by offering an explanation of conflict coaching. Conflict coaching is a service provided by a conflict specialist to a person who is, or may in the future be, involved in conflict. According to the REAL Conflict Coaching model, coaches assist clients to develop the 5 Cs: CLARITY: Gain clarity about the conflict situation; COMPREHENSION: Understand their own, and the other person’s, needs and goals; …

Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts, Adam J. Myers Iii

Pepperdine Law Review

No abstract provided.

Protecting The Public, Not Anyone's Turf: The Unlicensed Practice Of Law In Securities Arbitration , John P. Cleary

Pepperdine Law Review

No abstract provided.

Vol. 43, No. 09 (October 29, 2012)

Indiana Law Annotated

No abstract provided.

Introductory Remarks To The Peter M. Cicchino Award Symposium & Ceremony, Claudio Grossman

Claudio M. Grossman

No abstract provided.

Introductory Remarks To "Historical Perspectives Of Pro Bono Lawyering", Claudio Grossman

Claudio M. Grossman

No abstract provided.

Introduction: Symposium On Lawyers’ Special Responsibilities As Public Citizens In A Rapidly Changing World , Susan D. Carle

Susan D. Carle

No abstract provided.

Re-Envisioning Models For Pro Bono Lawyering: Some Historical Reflections, Susan D. Carle

Susan D. Carle

No abstract provided.

Civility: Multi-Tiered Strategies For Litigation Ethics, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

Effective Keyword Selection Requires A Mastery Of Storage Technology And The Law, Daniel B. Garrie

Pace Law Review

Selecting keywords for searching large volumes of electronically stored information (“ESI”) is an unavoidable, but necessary step in the process of electronic discovery. The parties to a case, or the court, may choose the terms for the search. However, an efficient alternative to both options involves a mediator, neutral, or special master with a thorough understanding of the legal elements of the case and the technology systems that will be subject to keyword search. This alternative can benefit both parties, as well as the court, because a “technology-aware” mediator can expedite an agreement that allows both parties to maintain oversight …

Inconsistent Responsiveness Determination In Document Review: Difference Of Opinion Or Human Error?, Maura R. Grossman, Gordon V. Cormack

Pace Law Review

This Article analyzes the inconsistency between different document review efforts on the same document collection to determine whether that inconsistency is due primarily to ambiguity in applying the definition of responsiveness to particular documents, or due primarily to human error. By examining documents from the TREC 2009 Legal Track, the Authors show that inconsistent assessments regarding the same documents are due in large part to human error. Therefore, the quality of a review effort is not simply a matter of opinion; it is possible to show objectively that some reviews, and some review methods, are better than others.

Social Media And Ediscovery: Emerging Issues, Adam Cohen

Pace Law Review

Courts, as well as private sector and government policymakers, have only just begun to address the practical litigation issues raised by the proliferation of social media channels and content. This Article comments on some of those issues as they relate to electronic discovery (“eDiscovery”) and examines how they have been approached in emerging case law. It does not address proposed legislation on a domestic and international level that may impact social media’s use in litigation, nor does it purport to be in any way comprehensive in its coverage of developments and potential developments in the legal implications of social media.

Towards Parity In Bar Passage Rates And Law School Performance: Exploring The Sources Of Disparities Between Racial And Ethnic Groups, Katherine L. Vaughns

Katherine L. Vaughns

No abstract provided.

Pro Bono Projects Broaden Opportunities, Instill Values, Hannah L. Buxbaum

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.

Women Of Color In Law Teaching: Shared Identities, Different Experiences, Katherine Vaughns

Katherine L. Vaughns

No abstract provided.

Section On The Education Of Lawyers Remains Committed To Improving Legal Training, A. Benjamin Spencer

Popular Media

No abstract provided.

The Law School Critique In Historical Perspective, A. Benjamin Spencer

Faculty Publications

Contemporary critiques of legal education abound. This arises from what can be described as a perfect storm: the confluence of softness in the legal employment market, the skyrocketing costs of law school, and the unwillingness of clients and law firms to continue subsidizing the further training of lawyers who failed to learn how to practice in law school. As legal jobs become increasingly scarce and salaries stagnate, the value proposition of law school is rightly being questioned from all directions. Although numerous valid criticisms have been put forth, some seem to be untethered from a full appreciation for how the …

Pro Bono Newsletter, University Of Michigan Law School

Newsletters

Fall 2012 issue of the University of Michigan Law School Pro Bono Program's newsletter.

October 2012 Newsletter

Ergo

No abstract provided.

Greetings From Bloomington, Hannah L. Buxbaum

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.

Volume 36, Issue 2 (Fall 2012)

Transcript

No abstract provided.

Newman, J., Dissenting: Another Vision Of The Federal Circuit, Blake R. Hartz

IP Theory

No abstract provided.

Educating New Lawyers, Tara L. Casey

Law Faculty Publications

In this article, the author discusses how law schools have been challenged recently to place greater emphasis on preparing students for the realities of legal practice through skills training and community-based learning.

Social Media Policies For Character And Fitness Evaluations, Jessica Belle

Washington Journal of Law, Technology & Arts

In 2009, Florida became the first U.S. jurisdiction to articulate a Character and Fitness Evaluation (CFE) policy of examining the social media accounts of bar applicants who had demonstrated a history of questionable conduct such as substance abuse or seeking to violently overthrow the U.S. government. This policy may allow access to otherwise legally inaccessible data, which creates a risk of the bar unlawfully considering information protected by applicants’ constitutional rights. Over the past 60 years, the U.S. Supreme Court has split on whether bar organizations may constitutionally deny bar admission to applicants who refuse to answer certain questions on …

Mission: Impossible, Mission: Accomplished Or Mission: Underway? A Survey And Analysis Of Current Trends In Professionalism Education In American Law Schools, Mary Ann Robinson

Working Paper Series

This Article identifies common characteristics of effective professionalism instruction to provide guidance in how to design innovative professionalism instruction. After introducing the topic in Part I, Part II of this Article describes the origins and development of the professionalism education movement in American Law schools. Part III of this Article explains our methods for collecting information and identifies and summarizes the predominant trends, and provides examples of noteworthy programs or initiatives. Part IV concludes by describing our method for assessing successful programs and identifying the characteristics of effective professionalism instruction.