Law Commons^™

The Salary Memo, Robert M. Jarvis

Robert M. Jarvis

This short essay takes a humorous look at how law school deans decide faculty raises.

The Hollowness Of The Harm Principle, Steven D. Smith

Steven D. Smith

Among the various instruments in the toolbox of liberalism, the so-called “harm principle,” presented as the central thesis of John Stuart Mill’s classic On Liberty, has been one of the most popular. The harm principle has been widely embraced and invoked in both academic and popular debate about a variety of issues ranging from obscenity to drug regulation to abortion to same-sex marriage, and its influence is discernible in legal arguments and judicial opinions as well. Despite the principle’s apparent irresistibility, this essay argues that the principle is hollow. It is an empty vessel, alluring but without any inherent legal …

The Tenuous Case For Conscience, Steven D. Smith

Steven D. Smith

If there is any single theme that has provided the foundation of modern liberalism and has infused our more specific constitutional commitments to freedom of religion and freedom of speech, that theme is probably “freedom of conscience.” But some observers also perceive a progressive cheapening of conscience– even a sort of degradation. Such criticisms suggest the need for a contemporary rethinking of conscience. When we reverently invoke “conscience,” do we have any idea what we are talking about? Or are we just exploiting a venerable theme for rhetorical purposes without any clear sense of what “conscience” is or why it …

Liberalization Of The Legal Services In Greece, Platon Gatsinos

Platon Gatsinos

No abstract provided.

Law And Lawyers In The U.S.: The Hero-Villain Dichotomy, Judith A. Mcmorrow

Judith A. McMorrow

Lawyers in U.S. culture are often presented in either an extremely positive or extremely negative light. Although popular culture exaggerates and oversimplifies the 'good v. bad' dynamic of lawyers, this dichotomy provides important insights into the role attorneys play in the U.S. legal system, the boundaries of legal ethics, and the extent to which the U.S. legal system is relied upon to address our society's great moral and social dilemmas.

Restoring The Natural Law: Copyright As Labor And Possession, Alfred C. Yen

Alfred C. Yen

In this Article, Professor Yen explores the problems associated with viewing copyright solely as a tool for achieving economic efficiency and advocates for the restoration of natural law to copyright jurisprudence. The Article demonstrates that economics has not been solely responsible for copyright’s development and basic structure, but has rather developed along lines suggested by neutral law, despite modern copyright jurisprudence. The Article considers the consequences of extinguishing copyright’s natural law facets in favor of the blind pursuit of efficiency and concludes by exploring the implications of restoring natural law thinking to copyright jurisprudence.

Applying Anti-Money Laundering/Anti-Terrorist Financing Controls To The United States Legal Profession: A Response To The Senate Permanent Subcommittee Report On The Proceeds Of Foreign Corruption, Nicholas S. Kazmerski

Nicholas S. Kazmerski

"Applying Anti-Money Laundering/Anti-Terrorist Financing Controls to the United States Legal Profession: A Response to the Senate Permanent Subcommittee Report on the Proceeds of Foreign Corruption" ***Abstract:This paper examines and comments on the reforms to the U.S. legal profession as proposed by the Senate Permanent Subcommittee Report on the Proceeds of Foreign Corruption (issued February 2010), specifically whether these proposed reforms are realistic or necessary given the existing attorney regulatory framework. To do so, it will first be necessary to provide a general overview of money laundering/terrorist financing followed by a background of anti-money laundering regulation starting with the Bank Secrecy …

Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow

Daniel R. Coquillette

As the Catholic Church struggles with the aftermath of the clergy sexual abuse crisis, some have explored the possibility of an ecclesiastical code of professional conduct. Lawyers' long and storied history with professional codes offers a cautionary tale to those exploring an ecclesiastical code of ethics. As priests to our secular religion of law, lawyers are called forth and mandated by a competent authority to function in a defined role, the specifics of which are reflected, in part, in lawyer codes. As lawyers moved from Canons of Ethics (1908) to a Code of Professional Responsibility (1969) to Rules of Professional …

Civil Protective Orders In Integrated Domestic Violence Court: An Empirical Study, Erika Rickard

Erika Rickard

New York's Integrated Domestic Violence (IDV) Court was created to streamline the judicial process and promote efficiency and victim safety in cases of domestic violence. One would expect this collaboration and concerted effort on improving the justice system for victims of domestic violence would yield faster results than under the traditional system. The data presented here indicate just the opposite: IDV Courts take longer to address motions for civil protective orders, and are not significantly more likely to grant such orders than traditional matrimonial courts. Delays in the civil protective order process suggest that the problem-solving court may not be …

Esame Per L'Iscrizione Agli Albi Degli Avvocati - Parere Motivato Di Diritto Civile - Sessione D'Esami Dicembre 2010, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Training Tomorrow's Lawyers: What Empirical Research Can Tell Us About The Effect Of Law School Pedagogy On Law Student Learning Styles, Eric A. Degroff

Eric A DeGroff

ABSTRACT

Training Tomorrow’s Lawyers: What Empirical Research Can Tell Us About the Effect of Law School Pedagogy on Law Student Learning Styles

Though the legal academy is a relative newcomer to the field, questions concerning law school pedagogy and law student learning styles have gained increasing traction among legal scholars in recent years. This article reports on the results of empirical research concerning the effects of the law school experience and of disparate pedagogical approaches on law student learning styles.

In what appears to be the first research of its kind in a law school context, the article reports the …

Gone But Not Forgotten: When Privacy, Policy And Privilege Collide, Louise L. Hill

Louise L Hill

No abstract provided.

Information Overload, Multi-Tasking, And The Socially Networked Jury: Why Prosecutors Should Approach The Media Gingerly, Andrew Taslitz

Andrew E. Taslitz

The rise of computer technology, the internet, rapid news dissemination, multi-tasking, and social networking have wrought changes in human psychology that alter how we process news media. More specifically, news coverage of high-profile trials necessarily focuses on emotionally-overwrought, attention-grabbing information disseminated to a public having little ability to process that information critically. The public’s capacity for empathy is likewise reduced, making it harder for trial processes to overcome the unfair prejudice created by the high-profile trial. Market forces magnify these changes. Free speech concerns limit the ability of the law to alter media coverage directly, and the tools available to …

Performance Isn’T Everything: The Importance Of Conceptual Competence In Outcome Assessment Of Experiential Learning, Stefan H. Krieger

Stefan H Krieger

The ABA is on the brink of a seismic shift in its law school accreditation standards. The new standards would require law schools to identify, pursue and assess goals for student learning outcomes. This change in focus has been heavily influenced by the Carnegie Report’s recommendations for reform of American legal education. This report has been hailed in numerous law review articles but has been subject to little critical analysis. This article scrutinizes—and ultimately rejects—the recommendations of the Carnegie Report for outcomes and assessment in the area of experiential education. The Carnegie Report argues that practical education should focus on …

Social Capital Benefits Of Peer Mentoring Relationships In Law School, Meera E. Deo, Kimberly A. Griffin

Meera E Deo

Scholars have addressed the rigors of law school and suggest mentorship may help students better navigate their educational environments. However, literature largely addresses the role of faculty mentors, less often considering peer mentors in the law school context. This study explores first year law students’ motivation in forming peer mentoring relationships and the roles peer mentors play in students’ lives. Analyses of survey and focus group data collected from 203 first-year law students at 11 institutions reveal that the majority rely on peer support, forming formal, informal, and “organizational” peer mentoring relationships. Relationship formation is motivated by students’ acknowledged need …

Saturday Night With Elliot Richardson And Robert Bork: A Case Study In Exemplary Executive Branch Lawyering, Jason S. Harrow

Jason S Harrow

In the wake of both the “torture memos” written by the Bush Administration’s Office of Legal Counsel and the U.S. Attorney scandal that led to the resignation of Attorney General Alberto Gonzalez, a large literature appeared criticizing the performance of high-ranking Bush-era executive branch lawyers. But there is very literature highlighting incidents of good executive branch lawyering — especially under trying circumstances.

In this article, I try to buck this trend by examining the events surrounding the so-called “Saturday Night Massacre”: the extraordinary evening in October of 1973 when President Nixon ordered Attorney General Elliot Richardson to fire Watergate Special …

Raise Your Right Hand And Swear To Be Civil: Defining Civility As An Obligation Of Professional Responsibility, Kristie Hairston

Donald E Campbell

No abstract provided.

Combining Forces: The Joint Defense Agreement In Civil Litigation, Stephen Messer

Stephen Messer

From day one of law school aspiring lawyers are taught that information shared in confidence between a lawyer and his client is confidential. Although all lawyers are well aware of this, surprisingly few know that conversations with a client and someone else's lawyer can also be privileged. This is what happens when a joint defense agreement is created; joint defense agreements extend the attorney client privilege throughout the entire defense camp in cases where multiple defendants and their counsel have common interests in the litigation. This often overlooked, yet highly effective legal strategy may serve as a valuable tool for …

"What Do You Crave?" Developing Young Lawyers' Ability To Know Themselves, Paula A. Monopoli

Paula A Monopoli

No abstract provided.

Judging Indian Law: What Factors Influence Individual Justice’S Votes On Indian Law In The Modern Era, Grant Christensen

Grant Christensen

Abstract: Scholars of the Supreme Court often use a justice’s political ideology to predict their ultimate vote on Constitutional questions. While this approach may serve scholars well when questions involve hot button civil liberties issues that are the focus of confirmation hearings, ideology is in actuality a poor predictor of judicial behavior in other areas of law. This paper looks at one of the more complex – Federal Indian Law – and uses both descriptive statistics and more advanced quantitative analysis to go beyond the pure ideology and explain why individual Justices vote the way they do. Using the Fisher …

Strengthening The Rule Of Virtue And Finding Chinese Law In "Other" Places: Gods, Kin, Guilds And Gifts, Mary Szto

Mary Szto

Discussions about the rule of law in China today often do not consider the role of virtue or ritual. At the same time, many bemoan slow or no legal reform. Before the tumultuous events of the 20th century, traditional Chinese law (TCL) was remarkably continuous and stable for centuries. It was a blend of ritual and law focused on flourishing and virtue formation. Ritual was communion with, and law accountability to, the invisible spirit world. This inseparable blend spanned multiple jurisdictions, from state codes and courts to divine petitions and courts, to ancestral rites and family codes, to merchant codes …

The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School, Meera E. Deo

Meera E Deo

In Grutter v. Bollinger, the U.S. Supreme Court upheld affirmative action at the University of Michigan Law School on the grounds of educational diversity. Yet, the Court’s assumption that admitting diverse students into law school would result in improved race relations, livelier classroom conversations, and better professional outcomes for students has never been empirically tested. This article relies on survey and focus group data collected at the University of Michigan Law School campus itself in March 2010 to examine whether and how diversity affects learning. Data analysis makes clear that there are sufficient numbers of students of color on campus …

Returning To First Principles Of Privilege Law: Focusing On The Facts In Internal Corporate Investigations, Christopher T. Hines

Christopher T Hines

In the aftermath of the worst economic downturn since the Great Depression, it is necessary and appropriate to ask some fundamental questions on the economic laws and regulations that, for better or worse, played a contributing role in the recent financial crisis. Although the ongoing financial reform efforts have already resulted in significant changes in applicable laws, a further discussion regarding the principles and practices that existed within the enforcement of law is worthy of consideration. Specifically stated, are there any improvements that can be made to the current federal securities enforcement regime that would work to the benefit of …

Sea Captains And Philosopher Kings: Melville's Billy Budd And Plato's Republic, Robert E. Atkinson Jr.

Robert E. Atkinson Jr.

This article shows how Melville’s Billy Budd, rightly one of law and literature’s most widely studied canonical texts, answers Plato’s challenge in Book X of the Republic: Show how “poets” create better citizens, especially better rulers, or banish them from the commonwealth of reasoned law. Captain Vere is a flawed but instructive version of the Republic’s philosopher-king, even as his story is precisely the sort of “poetry” that Plato should willing allow, by his own republican principles, into the ideal polity. Not surprisingly, the novella shows how law’s agents must be wise, even as their law must be philosophical, if …

Sea Captains And Philosopher Kings: Melville's Billy Budd And Plato's Republic, Robert E. Atkinson Jr.

Robert E. Atkinson Jr.

This article shows how Melville’s Billy Budd, rightly one of law and literature’s most widely studied canonical texts, answers Plato’s challenge in Book X of the Republic: Show how “poets” create better citizens, especially better rulers, or banish them from the commonwealth of reasoned law. Captain Vere is a flawed but instructive version of the Republic’s philosopher-king, even as his story is precisely the sort of “poetry” that Plato should willing allow, by his own republican principles, into the ideal polity. Not surprisingly, the novella shows how law’s agents must be wise, even as their law must be philosophical, if …

Rulemaking, Litigation Culture And Reform In Federal Courts, Edward D. Cavanagh

Edward D. Cavanagh

Abstract This article examines the role of litigation culture in establishing standards for the conduct of litigation in the federal courts. It argues that culturally based practices are firmly embedded in the federal civil justice system. The practice culture in a particular district may be the source of local rules or may serve as a gap-filler to provide standards where written rules do not exist or are not cost-effective to draft. Rules at odds with cultural practices face resistance from the bench and bar. Culturally rooted practices are not easily dislodged, and a mere amendment to the Federal Rules is …

Sea Change: The Seismic Shift In The Legal Profession And How Legal Writing Professors Will Keep Legal Education Afloat In Its Wake, Kirsten A. Dauphinais

Kirsten A Dauphinais

2010 found us in the midst of what commentators have called "The Great Recession" and the effects on the legal profession have been profound. Law firms have lost their immunity to recession and industry leaders are concluding that the recession has and will continue to have an enduring impact on the profession, including extensive layoffs, salary decreases, hiring freezes, firm closures, and even deaths. Many observers have predicted that these changes may prove to be permanent, not only because of the magnitude of the economic downturn, but also because the present predicament is only an acceleration of the decline of …

When The State Demands Disclosure, Rebecca Aviel

Rebecca Aviel

The obligation to provide certain types of information to government authorities—reporting child abuse, say, or insurance fraud—is proliferating. Are these laws enforceable against lawyers who obtain the sought-after information in the course of representing a client? This Article sets out to answer exactly that question. It begins by explaining why it is wrong to approach the question by balancing the policies that underlie attorney-client confidentiality against those underlying reporting statutes. Such an approach fails to grasp the essential nature of the question, which is one of legislative power and legislative intent. This Article is the first to offer an authoritative …

The Promise Of Grutter: Diverse Interactions At The University Of Michigan Law School, Meera E. Deo

Meera E Deo

In Grutter v. Bollinger, the U.S. Supreme Court upheld affirmative action at the University of Michigan Law School on the grounds of educational diversity. Yet, the Court’s assumption that admitting diverse students into law school would result in improved race relations, livelier classroom conversations, and better professional outcomes for students has never been empirically tested. This article relies on survey and focus group data collected at the University of Michigan Law School campus itself in March 2010 to examine whether and how diversity affects learning. Data analysis makes clear that there are sufficient numbers of students of color on campus …

Information Overload, Multi-Tasking, And The Socially Networked Jury: Why Prosecutors Should Approach The Media Gingerly, Andrew Taslitz

Andrew E. Taslitz

Abstract The rise of computer technology, the internet, rapid news dissemination, multi-tasking, and social networking have wrought changes in human psychology that alter how we process news media. More specifically, news coverage of high-profile trials necessarily focuses on emotionally-overwrought, attention-grabbing information disseminated to a public having little ability to process that information critically. The public’s capacity for empathy is likewise reduced, making it harder for trial processes to overcome the unfair prejudice created by the high-profile trial. Market forces magnify these changes. Free speech concerns limit the ability of the law to alter media coverage directly, and the tools available …