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Legal Malpractice: The Profession's Dirty Little Secret, Manuel R. Ramos
Legal Malpractice: The Profession's Dirty Little Secret, Manuel R. Ramos
Vanderbilt Law Review
Legal malpractice is a taboo subject. It has been ignored by the legal profession,' law schools, mandatory continuing legal education ("CLE") programs, and even by scholarly' and lay publications. Unfortunately, our perception of legal malpractice, up until now, has been highly distorted by secretive insurance companies, confidential settlement agreements, and a questionable American Bar Association ("ABA") Study. Nonetheless, sharply contrasting portraits of legal malpractice have emerged: either it is just a minor problem of "weeding out" a few "bad apples," or it is the tip of an "iceberg," ready to overwhelm the legal profession. The ABA Study has fostered the …
Reflections On The Hart And Wechsler Paradigm, Richard H. Fallon, Jr.
Reflections On The Hart And Wechsler Paradigm, Richard H. Fallon, Jr.
Vanderbilt Law Review
The Federal Courts field may be experiencing a methodological crisis, but if so, it is a methodological crisis of a peculiar kind. The problem is not that new methodologies threaten traditional modes of analysis. On the contrary, the difficulty is that we have been doing largely the same thing for more than forty years--asking much the same questions formulated by Henry Hart and Herbert Wechsler in the first edition of The Federal Courts and the Federal System' and trying to answer them with roughly the same techniques. Not surprisingly, a number of people would like to throw off the Hart …