Law Commons^™

Fall 2003

Bill of Particulars

No abstract provided.

Volume 27, Issue 2 (Fall 2003)

Transcript

No abstract provided.

The Lawyering Process: An Example Of Metacognition At Its Best, John M.A. Dipippa, Martha M. Peters

Faculty Scholarship

This article celebrates the 25th anniversary of the publication of Gary Bellow and Bea Moulton's The Lawyering Process by looking at the work from personal and theoretical perspectives. From the personal perspective, the authors discuss how The Lawyering Process influenced them as teachers and scholars. From the theoretical perspective, the authors show how the book modeled various metacognitive processes. Combining the personal with the theoretical, the article shows how The Lawyering Process challenged lawyers to be-come aware of their own thinking by demonstrating how it challenged the authors to do so.

Transnational Legal Practice: Cross-Border Legal Services: 2002 Year-In-Review, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Carole Silver

Faculty Scholarly Works

No abstract provided.

The New Japanese Law Schools, James R. Maxeiner

ExpressO

Japan is in the process of implementing a comprehensive reform of its justice system. At the heart of the reform is a complete overhaul of the system of legal education. The new system is intended to increase substantially the number of lawyers in the country. On April 1, 2004 as many as 72 new law schools are to come into existence. Japanese legal education is shifting from a German-inspired law faculty approach to an American-style law school system. Based on first-hand observations, this article discusses the present and future system of Japanese legal education with reference to its foreign counterparts.

Interpersonal Dynamics, Joshua D. Rosenberg

ExpressO

This article explains the importance of relationship skills to attorneys. It explains why, despite the significance of these skills to attorneys, law schools and law firms ignore them. It then explains how these skills can be taught in law school, and how a relation al perspective can become not simply an important part of the law, but also an important part of the lives of lawyers. It develops and supports an ap proach that develops the cognitive, behavioral, perceptual and emotional skills and awareness essential to both accurate communication and productive and meaningful relationships. This approach is quite different from …

Vol. 1, No. 09 (September 2003)

Indiana Law Update

No abstract provided.

Shared Responsibility: The Duty To Legal Externs, Kathleen Connolly Butler

West Virginia Law Review

No abstract provided.

What's A Mediator To Do - Adopting Ethical Guidelines For West Virginia Mediators, Madeleine H. Johnson

West Virginia Law Review

No abstract provided.

Vol. 1, No. 08 (August 2003)

Indiana Law Update

No abstract provided.

Emerging Issues On The Internet For The Legal Profession, Rosaria Vigorito

ExpressO

The paper offers an overview of the emerging issues raised by the Internet in the legal profession. In particular, the extension of the attorney-client privilege; the application of the ethics principle of confidentiality to email communications; Internet connectivity and the security issues pertaining to it; and, general "cyberlegalethics" concerns raised by using the Internet, such as avoiding the unauthorized practice of law and verifying information found on the Web.

Busting The Professional Trust: A Comment On William Simon’S Ladd Lecture, W. Bradley Wendel

Cornell Law Faculty Publications

It is truly an honor to be asked to Comment on the work of William Simon, one of the scholars who has done the most to contribute to the reputation of legal ethics as a field with intellectual rigor and depth, as well as one with significant implications for legal theory generally. The power of his critical faculties is unmatched: the platitudes offered by the organized bar in defense of the dominant view of legal ethics lie in tatters after the sustained assault in the first three chapters of The Practice of Justice. In fact, it can be difficult …

Informal Methods Of Enhancing The Accountability Of Lawyers, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

What Is A Reasonable Attorney Fee? An Empirical Study Of Class Action Settlements, Theodore Eisenberg, Geoffrey P. Miller

Cornell Law Faculty Publications

Determining an appropriate fee is a difficult task facing trial court judges in class action litigation. But courts rarely rely on empirical research to assess a fee’s reasonableness, due, at least in part, to the relative paucity of available information. Existing empirical studies of attorney fees in class action cases are limited in scope, and generally do not control for important variables. To help fill this gap, we analyzed data from all state and federal class actions with reported fee decisions from 1993 to 2002 in which the fee and class recovery could be determined with reasonable confidence.

We find …

How I Learned To Stop Worrying And Love Lawyer-Bashing: Some Post-Conference Reflections, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Vol. 1, No. 07 (July 2003)

Indiana Law Update

No abstract provided.

Reflections On Ranganathan’S Five Laws Of Library Science, Richard Leiter

Marvin and Virginia Schmid Law Library

This article is adapted from a column that I wrote for Legal Assistant Today in 1996. The column’s audience was legal assistants, some of whom, I discovered over my seven years as a columnist for the publication, had responsibility for managing law firm libraries or library resources in addition to their other duties. So from time to time my column drifted into advice about managing libraries. This particular column came about at a time when I was mentoring some younger librarians and discovered to my surprise that they did not know of Ranganathan’s Five Laws of Library Science. When I …

Vol. 1, No. 06 (June 2003)

Indiana Law Update

No abstract provided.

Conflicts Of Interest Challenges Post Mickens V. Taylor: Redefining The Defendant's Burden In Concurrent, Successive, And Personal Interest Conflicts, Mark W. Shiner

Washington and Lee Law Review

No abstract provided.

Vol. 1, No. 05 (May 2003)

Indiana Law Update

No abstract provided.

China's New Foreign Law Firm Regulations: A Step In The Wrong Direction, Jane J. Heller

Washington International Law Journal

Following China's accession to the World Trade Organization ("WTO"), the Chinese government issued new regulations governing foreign law firms in China. A number of commentators have analyzed these regulations to evaluate whether China is "'on track" to fulfilling the commitments it undertook to gain entry to the WTO. However, a more basic question that should be addressed is whether the new regulations meet China's goals in joining the WTO: to foster trade and economic development and to accelerate the growth of China's legal profession. Although China appeared willing to engage in significant liberalization of the legal services sector when it …

A Group Relations Approach To Teaching Professionalism To Clinical Law Students, Evangeline Sarda

Evangeline Sarda

No abstract provided.

Clark Memorandum: Spring 2003, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• Be Healers (Elder James E. Faust)
• Escape from the 85th Floor (Victor Guzman)
• Law School: A Sacred Experience (Jane H. Wise)
• Opening Doors (Edward L. Carter)
• Never Again Foundation (Edward L. Carter)

Advice From Justice Jackson, D. P. Marshall Jr.

The Journal of Appellate Practice and Process

No abstract provided.

Gender Bias: Continuing Challenges And Opportunities, Rebecca Korzec

All Faculty Scholarship

In 1873 the U.S. Supreme Court denied Myra Bradwell the right to practice law, holding "the paramount destiny and mission of women are to fulfill the noble and benign office of wife and mother." Now, just slightly more a century later, two women sit on the Supreme Court, and almost half of all law students and law school faculty are women.

Death Row And The Cancer Ward, J. Thomas Sullivan

The Journal of Appellate Practice and Process

No abstract provided.

A First Argument In The Tradition Of Many, Beth S. Brinkmann

The Journal of Appellate Practice and Process

No abstract provided.

First Argument In The United States Supreme Court, Talbot D'Alemberte

The Journal of Appellate Practice and Process

No abstract provided.

Why Me?, Walter Dellinger

The Journal of Appellate Practice and Process

No abstract provided.

I Couldn't Wait To Argue, Timothy Coates

The Journal of Appellate Practice and Process

No abstract provided.