Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
- File Type
Articles 1 - 27 of 27
Full-Text Articles in Law
The Practice Of Law As Moral Discourse, Thomas Shaffer
The Practice Of Law As Moral Discourse, Thomas Shaffer
Thomas L. Shaffer
No abstract provided.
On Being A Professional Elder, Thomas L. Shaffer
On Being A Professional Elder, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Roman Catholic Lawyers In The United States Of America, Thomas L. Shaffer
Roman Catholic Lawyers In The United States Of America, Thomas L. Shaffer
Thomas L. Shaffer
No abstract provided.
Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas Shaffer, Mary Shaffer
Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas Shaffer, Mary Shaffer
Thomas L. Shaffer
No abstract provided.
Forming An Agenda - Ethics And Legal Ethics, Robert E. Rodes
Forming An Agenda - Ethics And Legal Ethics, Robert E. Rodes
Robert Rodes
The law profession is unique in the scope of the mandate it gives those within it to intervene in other people's affairs. As a result of this unique power of intervention, lawyers encounter a number of unique problems. This paper elucidates upon, and applies, the moral standards and intuitions to be used in approaching these problems. It argues that we should form our consciences in dialogue with our clients and that once they are formed we must follow them and limit our representation accordingly. If lawyer and client cannot agree on an agenda with which both are comfortable, the lawyer …
Cat, Cause, And Kant, Richard Peltz-Steele
Cat, Cause, And Kant, Richard Peltz-Steele
Richard J. Peltz-Steele
These are precarious times in which to launch a new law school and a new law review. Yet here we are. The University of Massachusetts is now in its first year of operation with provisional ABA accreditation. This text is a foreword to the first general-interest issue of the University of Massachusetts Law Review. Now marks an appropriate time to take stock of what these institutions mean to accomplish in our unsettled legal world.
Planning For Law As A Career And An Enterprise, R. Lisle Baker
Planning For Law As A Career And An Enterprise, R. Lisle Baker
R. Lisle Baker
If you are a law student concerned and unsure about what happens after graduation, and still trying to sort your preferred professional role, this article is designed to help you do homework on both yourself and the legal profession so that you can enhance your opportunity to find the right professional role. The premise of the article is that a career in law is something for which you can and should prepare, just as you prepare for oral argument in court by writing a well-researched and thorough legal brief. The article is based on a course offered by the author …
Evidence For Administrative Law Judges, Christine Mckenna Moore
Evidence For Administrative Law Judges, Christine Mckenna Moore
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas
Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas
All Faculty Scholarship
This essay, written as part of a symposium at Washington and Lee Law School entitled Gideon at 50: Reassessing the Right to Counsel, argues that the standard academic dream of expanding the right to counsel to all criminal and major civil cases has proven to be an unattainable mirage. We have been spreading resources too thin, in the process slighting the core cases such as capital and other serious felonies that are the most complex and need the most time and money. Moreover, our legal system is overengineered, making the law too complex and legal services too expensive for …
Education For Judicial Aspirants, Keith R. Fisher
Education For Judicial Aspirants, Keith R. Fisher
Journal of the National Association of Administrative Law Judiciary
Introductory judicial education (IJE) is an avenue for improving both appointive and elective systems of judicial selection. The impetus for considering this topic can be traced back to lingering unease with judicial selection and the ongoing (though now somewhat stagnant) debate over merit selection. Moreover, changes in the nature of law practice and the judicial role over the past several decades have rendered the gap between those two activities increasingly large. Moreover, surveys of minority communities have consistently demonstrated a far lower degree of confidence in the impartiality and fairness of our nation’s judges. IJE is an effort to maximize …
How To Make Rules For Lawyers: The Professional Responsibility Of The Legal Profession, Stephen Gillers
How To Make Rules For Lawyers: The Professional Responsibility Of The Legal Profession, Stephen Gillers
Pepperdine Law Review
When considering the professional responsibilities of American lawyers, two questions often arise: (1) whether a particular rule strikes the right balance among the multiple interests it purports to reconcile and (2) whether in a particular circumstance a lawyer's or law firm's behavior complied with the governing rules. This article explores a third question. What is the responsibility of the profession itself when, through its various institutions and especially bar associations, it asks courts, lawmakers, or agencies to adopt particular rules governing the conduct of lawyers? Rather than exploring the discussing the conduct of individual lawyers or the correctness of any …
Mandatory Pro Bono: The Path To Equal Justice, John R. Desteiguer
Mandatory Pro Bono: The Path To Equal Justice, John R. Desteiguer
Pepperdine Law Review
No abstract provided.
Response To "One Year After Dondi: Time To Get Back To Litigating?", Thomas M. Reavley
Response To "One Year After Dondi: Time To Get Back To Litigating?", Thomas M. Reavley
Pepperdine Law Review
No abstract provided.
One Year After Dondi: Time To Get Back To Litigating?, William A. Brewer Iii, Francis B. Majorie
One Year After Dondi: Time To Get Back To Litigating?, William A. Brewer Iii, Francis B. Majorie
Pepperdine Law Review
No abstract provided.
Cat, Cause, And Kant, Richard J. Peltz-Steele
Cat, Cause, And Kant, Richard J. Peltz-Steele
Faculty Publications
These are precarious times in which to launch a new law school and a new law review. Yet here we are. The University of Massachusetts is now in its first year of operation with provisional ABA accreditation. This text is a foreword to the first general-interest issue of the University of Massachusetts Law Review. Now marks an appropriate time to take stock of what these institutions mean to accomplish in our unsettled legal world.
Toward "Seamless" Solutions For Students
Toward "Seamless" Solutions For Students
Maryland Carey Law
An interview with Susan L. Krinsky, Associate Dean for Students and Student Services
Law And Leadership: Integrating Leadership Studies Into The Law School Curriculum, Paula A. Monopoli, Susan Mccarty
Law And Leadership: Integrating Leadership Studies Into The Law School Curriculum, Paula A. Monopoli, Susan Mccarty
Book Gallery
Leadership includes the ability to persuade others to embrace one’s ideas and to act upon them. Teaching law students the art of persuasion through advocacy is at the heart of legal education. But historically law schools have not included leadership studies in the curriculum. This book is one of the first to examine whether and how to integrate the theory and practice of leadership studies into legal education and the legal profession. Interdisciplinary in its scope, with contributions from legal educators and practitioners, the book defines leadership in the context of the legal profession and explores its challenges in legal …
Rethinking Men And Masculinities In The Contemporary Legal Profession: The Example Of Fatherhood, Transnational Business Masculinities, And Work-Life Balance In Large Law Firms, Richard Collier
Nevada Law Journal
No abstract provided.
Who's Eating Law Firms' Lunch? The Legal Service Providers, Law Schools And New Grads At The Table, William D. Henderson, Rachel M. Zahorsky
Who's Eating Law Firms' Lunch? The Legal Service Providers, Law Schools And New Grads At The Table, William D. Henderson, Rachel M. Zahorsky
Articles by Maurer Faculty
No abstract provided.
Why Environmental Law Clinics?, Adam Babich, Jane F. Barrett
Why Environmental Law Clinics?, Adam Babich, Jane F. Barrett
Faculty Scholarship
The law clinic has become an increasingly important part of legal education, giving students the opportunity to learn practical skills as well as to internalize core legal values. Pedagogical concerns preclude clinics from letting fear of criticism drive decisions about how they represent clients. The legal profession's idealistic aspirations pose challenges, and political attacks have answered clinicians' efforts to live up to these aspirations. An error underlies such attacks, however: holding lawyers responsible for their clients' legal positions despite the profession's duty to ensure that such positions get a fair hearing.
Law Firm Malpractice Disclosure: Illustrations And Guidelines, Anthony V. Alfieri
Law Firm Malpractice Disclosure: Illustrations And Guidelines, Anthony V. Alfieri
Articles
No abstract provided.
Blacks In The Nevada Legal Profession, Rachel J. Anderson
Blacks In The Nevada Legal Profession, Rachel J. Anderson
Scholarly Works
This article discusses the history of African-Americans in the Nevada legal profession. It is part of "A Special Series on African Americans in Nevada Politics - Past and Present" on pages 16-21 of the issue. Sources are on page 21 of the issue.
Professionalism And The New Normal, Philip J. Weiser
Professionalism And The New Normal, Philip J. Weiser
Publications
No abstract provided.
A Study Of The Relationship Between Bar Admissions Data And Subsequent Lawyer Discipline, Leslie C. Levin, Christine Zozula, Peter Siegelman
A Study Of The Relationship Between Bar Admissions Data And Subsequent Lawyer Discipline, Leslie C. Levin, Christine Zozula, Peter Siegelman
Leslie C. Levin
The research reported here uses information from the admissions files of lawyers admitted to the Connecticut bar from 1989 to 1992 to compare those who were disciplined with those who were not disciplined. It analyzes information reported during the bar admissions process that may predict later lawyer misconduct including, inter alia, prior criminal history, problem credit history, prior employment history, academic misconduct, substance abuse, and psychological history. The study reveals that many of the responses on the admissions application are statistically associated with an elevated risk of future discipline. Nevertheless, these variables nevertheless make very poor predictors of subsequent misconduct. …
The Cost Of Law: Promoting Access To Justice Through The (Un)Corporate Practice Of Law, Gillian K. Hadfield
The Cost Of Law: Promoting Access To Justice Through The (Un)Corporate Practice Of Law, Gillian K. Hadfield
Gillian K Hadfield
The U.S. faces a mounting crisis in access to justice. Vast numbers of ordinary Americans represent themselves in routine legal matters daily in our over-burdened courts. Obtaining ex ante legal advice is effectively impossible for almost everyone except larger corporate entities, organizations and governments. In this paper, I explain why, as a matter of economic policy, it is essential that the legal profession abandon the prohibition on the corporate practice of law in order to remedy the access problem. The prohibitions on the corporate practice of law rule out the use of essential organizational and contracting tools widely used in …
Reflections On U.S. Policies Regarding 'Effective Regulation And Discipline' And Foreign Lawyer Mobility: Has The Time Come To Talk About The Elephant In The Room?, Laurel S. Terry
Laurel S. Terry
The ABA has adopted four model policies that address, in one way or another, the issue of foreign lawyer mobility. These policies are the ABA Model Foreign Legal Consultant Rule, which is commonly known as the FLC rule, the ABA Model Rule for Temporary Practice by Foreign Lawyers, which is commonly known as the FIFO rule, ABA Model Rule of Professional Conduct 5.5, which permits foreign lawyers to serve as in-house counsel, and the ABA Model Rule on Pro Hac Vice Admission. All four of the ABA’s foreign lawyer mobility recommendations include a requirement that the mobile foreign lawyer is …
Transnational Legal Practice (International)[2010-2012], Laurel S. Terry
Transnational Legal Practice (International)[2010-2012], Laurel S. Terry
Laurel S. Terry
This article covers three years of Transnational Legal Practice developments outside of the US. (It is the companion piece to 47 Int'l Law. 499 (2013) which discusses US developments.) This article discusses the approval of an Alternative Business Structure licensing system by the UK Solicitors Regulation Authority and its subsequent issuance of ABS licenses. The second section reviews the emergence of the “Troika” as a new regulatory influence in Europe, citing as an example the joint ABA-CCBE letter to the IMF. (The Troika refers to the International Monetary Fund, the European Central Bank, and the European Commission.) The third section …