Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Profession (51)
- Legal Education (23)
- Transnational Law (13)
- Legal Ethics and Professional Responsibility (9)
- Law and Society (6)
-
- Dispute Resolution and Arbitration (4)
- State and Local Government Law (4)
- Law and Race (3)
- Legal Writing and Research (3)
- Legislation (3)
- Civil Procedure (2)
- Evidence (2)
- International Law (2)
- International Trade Law (2)
- Law and Psychology (2)
- Legal History (2)
- Litigation (2)
- Other Law (2)
- Religion Law (2)
- Administrative Law (1)
- Arts and Humanities (1)
- Banking and Finance Law (1)
- Business Organizations Law (1)
- Comparative and Foreign Law (1)
- Courts (1)
- European Law (1)
- Family Law (1)
- Human Rights Law (1)
- Jewish Studies (1)
- Institution
- Publication Year
- Publication
-
- Michigan Journal of International Law (16)
- Maryland Law Review (13)
- Michigan Law Review (10)
- University of Michigan Journal of Law Reform (10)
- Fordham Urban Law Journal (4)
-
- Journal of Dispute Resolution (4)
- Missouri Law Review (2)
- Touro Law Review (2)
- Fordham Law Review (1)
- Georgia State University Law Review (1)
- Journal of Legal Education (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Michigan Journal of Gender & Law (1)
- Michigan Journal of Race and Law (1)
- NYLS Law Review (1)
- University of Cincinnati Law Review (1)
- Vanderbilt Law Review (1)
Articles 1 - 30 of 70
Full-Text Articles in Law
A Heuristic Approach To Solving Complex Litigation Problems, Melanie L. Oxhorn
A Heuristic Approach To Solving Complex Litigation Problems, Melanie L. Oxhorn
University of Cincinnati Law Review
This Article’s purpose is to propose a heuristic for effectively resolving complex litigation problems that are not clearly or concisely defined, do not present any immediate solutions, frequently involve novel situations or applications of legal doctrine, and suggest a variety of possible approaches. The features of this heuristic are derived from and compatible with what we know about good scientific theories and cognitive studies on acquiring knowledge and expertise in any area. As proposed herein, students and less experienced practitioners should focus on developing “critical thinking” skills allowing them to use their training and experience to become adept at identifying …
Jewish Lawyers And The U.S. Legal Profession: The End Of The Affair?, Eli Wald
Jewish Lawyers And The U.S. Legal Profession: The End Of The Affair?, Eli Wald
Touro Law Review
No abstract provided.
How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic
How Cosmopolitan Are International Law Professors?, Ryan Scoville, Milan Markovic
Michigan Journal of International Law
This Article offers an empirical answer to a question of interest among scholars of comparative international law: why do American views about international law appear at times to differ from those of other countries? We contend that part of the answer lies in legal education. Conducting a survey of the educational and professional backgrounds of nearly 150 legal academics, we reveal evidence that professors of international law in the United States often lack significant foreign legal experience, particularly outside of the West. Sociological research suggests that this tendency leads professors to teach international law from predominantly nationalistic and Western perspectives, …
Incentivizing Lawyers To Play Nice: A National Survey Of Civility Standards And Options For Enforcement, Cheryl B. Preston, Hilary Lawrence
Incentivizing Lawyers To Play Nice: A National Survey Of Civility Standards And Options For Enforcement, Cheryl B. Preston, Hilary Lawrence
University of Michigan Journal of Law Reform
In the last decade, most commentators assume that lawyers’ behavior is now diving to new lows, notwithstanding a flurry of professionalism and civility creeds adopted in the 1980s and 1990s. Proponents of making such creeds enforceable argue that a return to professionalism may improve lawyers’ well-being, restore the public’s confidence in lawyers, and raise the expectations of behavior, not only with respect to civility but also with respect to violations of the Rules of Professional Conduct (hereinafter, as adapted in various jurisdictions, the Rules of Professional Conduct or the Model Rules)
The Learned-Helpless Lawyer: Clinical Legal Education And Therapeutic Jurisprudence As Antidotes To Bartleby Syndrome, Amy D. Ronner
The Learned-Helpless Lawyer: Clinical Legal Education And Therapeutic Jurisprudence As Antidotes To Bartleby Syndrome, Amy D. Ronner
Touro Law Review
No abstract provided.
Rethinking The Law Firm Organizational Form And Capitalization Structure , Edward S. Adams
Rethinking The Law Firm Organizational Form And Capitalization Structure , Edward S. Adams
Missouri Law Review
The goal of this Article is to examine the partnership model and advocate for a change in the Model Rules that would allow for public ownership of law firms, and to make disclosure of firm financials a mandatory requirement for all firms with over 100 lawyers. Part II explores the history and evolution of limited liability and law firm structures in the United States. Part III discusses incorporated law firms and MDPs and how they might benefit U.S. law firms. Part IV looks at the developments in the United Kingdom and Australia and the forces of globalization that have an …
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.
The Transformative Potential Of Attorney Bilingualism, Jayesh M. Rathod
The Transformative Potential Of Attorney Bilingualism, Jayesh M. Rathod
University of Michigan Journal of Law Reform
In contemporary U.S. law practice, attorney bilingualism is increasingly valued, primarily because it allows lawyers to work more efficiently and to pursue a broader range of professional opportunities. This purely functionalist conceptualization of attorney bilingualism, however, ignores the surprising ways in which multilingualism can enhance a lawyer's professional work and can strengthen and reshape relationships among actors in the U.S. legal milieu. Drawing upon research from psychology, linguistics, and other disciplines, this Article advances a theory of the transformative potential of attorney bilingualism. Looking first to the development of lawyers themselves, the Article posits that attorneys who operate bilingually may, …
Reforming Legal Education To Prepare Law Students Optimally For Real-World Practice , John Lande
Reforming Legal Education To Prepare Law Students Optimally For Real-World Practice , John Lande
Journal of Dispute Resolution
This article synthesizes some of the main points of the symposium contributors. They covered a wide range of key issues and thus this symposium provides a good overview of the challenges of and options for legal education reform. Of course, given the vast scope of the problems presented, this symposium issue of the Journal of Dispute Resolution cannot provide an all-encompassing analysis nor a comprehensive set of recommendations for reform. We do, however, hope that it will be a useful contribution to the growing movement and literature designed to improve legal education in the U.S. Part II of this article …
What Do Clients Want From Their Lawyers, Clark D. Cunningham
What Do Clients Want From Their Lawyers, Clark D. Cunningham
Journal of Dispute Resolution
This article, however, will show how the research upon which the ABA story was based–as well as substantial research with other clients ranging from large organizations to individuals–indicates that what clients want most from their lawyers is an aspect of legal services given too little attention both in legal education and professional development: effective lawyer-client communication. After reviewing extensive social science research on causes of client dissatisfaction, this article will conclude by suggesting a variety of ways–from easy to ambitious initiatives—that law schools and law firms can provide greater emphasis on the importance of effective communication with clients, teach effective …
Symposium - The Profession And The Academy: Addressing Major Changes In Law Practice - Introduction
Symposium - The Profession And The Academy: Addressing Major Changes In Law Practice - Introduction
Maryland Law Review
No abstract provided.
The Changing Cultures And Economics Of Large Law Firm Practice And Their Impact On Legal Education, Neil J. Dilloff
The Changing Cultures And Economics Of Large Law Firm Practice And Their Impact On Legal Education, Neil J. Dilloff
Maryland Law Review
No abstract provided.
Profound “Nonchanges” In Small And Midsize Firms, Ward B. Coe Iii
Profound “Nonchanges” In Small And Midsize Firms, Ward B. Coe Iii
Maryland Law Review
No abstract provided.
Challenging The Academy To A Dual (Perspective): The Need To Embrace Lawyering For Personal Legal Services, William Hornsby
Challenging The Academy To A Dual (Perspective): The Need To Embrace Lawyering For Personal Legal Services, William Hornsby
Maryland Law Review
No abstract provided.
Learning To Be Lawyers: Professional Identity And The Law School Curriculum, Charlotte S. Alexander
Learning To Be Lawyers: Professional Identity And The Law School Curriculum, Charlotte S. Alexander
Maryland Law Review
No abstract provided.
The Symposium On The Profession And The Academy: Concluding Thoughts, Michael Millemann
The Symposium On The Profession And The Academy: Concluding Thoughts, Michael Millemann
Maryland Law Review
No abstract provided.
Three Generations Of U.S. Lawyers: Generalists, Specialists, Project Managers , William D. Henderson
Three Generations Of U.S. Lawyers: Generalists, Specialists, Project Managers , William D. Henderson
Maryland Law Review
No abstract provided.
A Gaping Hole In American Legal Education, Michael Kelly
A Gaping Hole In American Legal Education, Michael Kelly
Maryland Law Review
No abstract provided.
Equipping The Garage Guys In Law, Gillian K. Hadfield
Equipping The Garage Guys In Law, Gillian K. Hadfield
Maryland Law Review
No abstract provided.
Should American Law Schools Continue To Graduate Lawyers Whom Clients Consider Worthless?, Clark D. Cunningham
Should American Law Schools Continue To Graduate Lawyers Whom Clients Consider Worthless?, Clark D. Cunningham
Maryland Law Review
No abstract provided.
Back To The Future In Law Schools, William L. Reynolds
Back To The Future In Law Schools, William L. Reynolds
Maryland Law Review
No abstract provided.
On Legal Education And Reform: One View Formed From Diverse Perspectives, Robert J. Rhee
On Legal Education And Reform: One View Formed From Diverse Perspectives, Robert J. Rhee
Maryland Law Review
No abstract provided.
The Value Of “Thinking Like A Lawyer”, Michelle M. Harner
The Value Of “Thinking Like A Lawyer”, Michelle M. Harner
Maryland Law Review
No abstract provided.
Why Doctors Shouldn't Practice Law: The American Medical Association's Misdiagnosis Of Physician Non-Complete Causes, Robert Steinbuch
Why Doctors Shouldn't Practice Law: The American Medical Association's Misdiagnosis Of Physician Non-Complete Causes, Robert Steinbuch
Missouri Law Review
This Article proposes that the AMA adopt rules governing restrictive covenants for doctors similar to those already adopted by the ABA for attorneys. The ABA's current rules allow for restrictive covenants in a limited number of situations - including restrictive covenants incident to the sale of a law practice - but specifically prohibit restrictive covenants as a condition to an employment agreement. The ABA's approach is nuanced and equitable. Both the underlying rationales and practical effects of the ABA's current rules governing non-compete clauses in the legal profession serve as persuasive justifications for adopting the same rules in the medical …
Lawyer As Emotional Laborer, Sofia Yakren
Lawyer As Emotional Laborer, Sofia Yakren
University of Michigan Journal of Law Reform
Prevailing norms of legal practice teach lawyers to detach their independent moral judgments from their professional performance-to advocate zealously for their clients while remaining morally unaccountable agents of those clients' causes. Although these norms have been subjected to prominent critiques by legal ethicists, this Article analyzes them instead through the lens of "emotional labor," a sociological theory positing that workers required to induce or suppress feeling in order to sustain the outward countenance mandated by organizational rules face substantial psychological risks. By subordinating their personal feelings and values to displays of zealous advocacy on behalf of others, lawyers, too, may …
Evolution Of The New Lawyer: How Lawyers Are Reshaping The Practice Of Law, The, Julie Macfarlane
Evolution Of The New Lawyer: How Lawyers Are Reshaping The Practice Of Law, The, Julie Macfarlane
Journal of Dispute Resolution
In this paper, I shall first briefly examine some of the most significant changes affecting legal practice, especially civil litigation, and ask what adjustments in the professional identity and role of the lawyer these imply or perhaps even require from lawyers. I shall also consider what evidence we have for the evolution of the "new lawyer." I shall then approach these questions from a practice-based perspective, looking specifically at client advocacy, legal negotiation, and the lawyer-client relationship.
From Lapdog To Watchdog: Sarbanes-Oxley Section 307 And A New Role For Corporate Lawyers, Peter C. Kostant
From Lapdog To Watchdog: Sarbanes-Oxley Section 307 And A New Role For Corporate Lawyers, Peter C. Kostant
NYLS Law Review
No abstract provided.
Adversary Advocacy And The Authority Of Adjudication, Daniel Markovits
Adversary Advocacy And The Authority Of Adjudication, Daniel Markovits
Fordham Law Review
No abstract provided.
The Higher Calling: Regulation Of Lawyers Post-Enron, Keith R. Fisher
The Higher Calling: Regulation Of Lawyers Post-Enron, Keith R. Fisher
University of Michigan Journal of Law Reform
This Article discusses some of the inadequacies in the current ethical regulation of the legal system and proposes a new approach to crafting and contextualizing rules of legal ethics. The proliferation of specialties and subspecialties in law practice, together with the inadequacies of prevailing ethics regulation and the vagaries of ethics rules formulations from state to state have not served either the public or the legal profession well. Manipulation, motivated by politics and self-interest, of the ideology of the organized bar to adhere to ethical rules predicated on an antiquated and unrealistic model of a unified legal profession has likewise …
Main Street Multidisciplinary Practice Firms: Laboratories For The Future, Susan Poser
Main Street Multidisciplinary Practice Firms: Laboratories For The Future, Susan Poser
University of Michigan Journal of Law Reform
This Article examines the debate over multidisciplinary practice in the wake of the collapse of Enron and Arthur Andersen. Part I addresses the history of the scholarly debate about multidisciplinary practice in the United States. It discusses the focus on large multidisciplinary firms, feared threats to independent professional judgment, and the current rule concerning lawyers and multidisciplinary practice.
Part II examines the reasons for allowing multidisciplinary practice. The author argues that client demand, lawyer demand, and policy reasons all provide valid reasons for permitting "one-stop" shopping. Part I also discusses existing forms of multidisciplinary practice. The author argues that the …