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Full-Text Articles in Law

Ideas For Law Students And Recent Graduates Entering The Real World, Wendy Collins Perdue Dec 2012

Ideas For Law Students And Recent Graduates Entering The Real World, Wendy Collins Perdue

Law Faculty Publications

In light of a more challenging job market for law school graduates due to the recession, the Virginia Lawyer asked the deans of Virginia's law schools for their thoughts on how law students could better prepare themselves for their employment searches. This was Dean Wendy Perdue's contribution.


505 And All That—The Defendant’S Dilemma, Peter Jaszi Oct 2012

505 And All That—The Defendant’S Dilemma, Peter Jaszi

Peter Jaszi

Section 505 of the Copyright Act of 1909 was carried forth, without substantive change, into the Copyright Act of 1976. An assessment of section 505 is presented.


A Framework For Analyzing Attorney Liability Under Section 10(B) And Rule 10b-5, Gary M. Bishop Oct 2012

A Framework For Analyzing Attorney Liability Under Section 10(B) And Rule 10b-5, Gary M. Bishop

The University of New Hampshire Law Review

[Excerpt] “Lawyers who make their living representing securities issuers face a myriad of challenges. Securities lawyers must navigate and master an intricate body of statutory, regulatory, and case law at both the state and the federal level and ensure that their clients comply with the law. The compliance requirement, however, is not limited to the issuer clients. Defrauded investors will often seek recovery of their losses from both the issuer of the failed investment securities and from the lawyers who represent the issuer, which only exacerbates the complexity of the securities lawyer’s work. These securities fraud actions against lawyers raise …


The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin Jul 2012

The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin

Pepperdine Law Review

No abstract provided.


Lawyers As Whistleblowers Under The Dodd-Frank Wall Street Reform Act, Barry R. Temkin, Ben Moskovitz Jul 2012

Lawyers As Whistleblowers Under The Dodd-Frank Wall Street Reform Act, Barry R. Temkin, Ben Moskovitz

Barry R. Temkin

Section 922 of Dodd-Frank added new section 21F to the Securities Exchange Act of 1934, creating a whistleblower bounty program under which individuals who voluntarily provide original information leading to successful Securities and Exchange Commission enforcement actions may receive bounty payments based on penalties assessed against respondents. The general rule is that whistleblowers who voluntarily furnish original information to the SEC or CFTC that results in a successful prosecution netting monetary penalties in excess of $1 million are entitled, with some exceptions, to bounties of ten percent to thirty percent of the amount recovered in the government enforcement actions. Lawyers, …


Finding Legal, Factual, And Other Information In A Digital World, Timothy L. Coggins Jul 2012

Finding Legal, Factual, And Other Information In A Digital World, Timothy L. Coggins

Law Faculty Publications

This updated listing of Internet sites for legal, factual, and other research offers a combination of more established sites and newer sites developed since the publication of the previous listing. The article began as a comprehensive bibliography of research and other sites for an Advanced Legal Research course and a series of continuing education sessions for legal assistants and paralegals.1 The current version includes sites for primary authorities, both federal and state, as well as URLs for other types of information, such as sites that assist in finding expert witnesses and biographical and background information about individuals.


Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?, Lonnie T. Brown Jul 2012

Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?, Lonnie T. Brown

Scholarly Works

It is a well-settled and often-recited fact that lawyers are “officers of the court.” That title, however, is notoriously hortatory and devoid of meaning. Nevertheless, the Eleventh Circuit recently took the somewhat unprecedented step of utilizing the officer-of-the-court label to, in effect, sanction an attorney for the purportedly uncivil act of failing to provide defendant attorneys with pre-suit notice. While the author applauds the court’s desire to place greater emphasis on lawyer-to-lawyer collegiality as a component of officer-of-the-court status, the uncertainty the decision creates in terms of a lawyer’s role will potentially force litigators to compromise important client-centered duties. This …


Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation, Roger C. Cramton Apr 2012

Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation, Roger C. Cramton

Pepperdine Law Review

No abstract provided.


A Rejoinder To Lester Brickman: On The Theory Class's Theories Of Asbestos Litigation, Charles Silver Mar 2012

A Rejoinder To Lester Brickman: On The Theory Class's Theories Of Asbestos Litigation, Charles Silver

Pepperdine Law Review

No abstract provided.


The Lawyer's Humble Walk, Mark Osler Mar 2012

The Lawyer's Humble Walk, Mark Osler

Pepperdine Law Review

A growing body of literature addresses the role faith plays in the work of many lawyers. This article argues that humility is the defining characteristic of the lawyer of faith.


Reflections On "Can The Ordinary Practice Of Law Be A Religious Calling?", Moshe Kushman Mar 2012

Reflections On "Can The Ordinary Practice Of Law Be A Religious Calling?", Moshe Kushman

Pepperdine Law Review

No abstract provided.


Contrasting The Vision And The Reality: Core Ethical Values, Ethics Audit And Ethics Decision Models For Attorneys, Arthur Gross Schaefer, Leland Swenson Mar 2012

Contrasting The Vision And The Reality: Core Ethical Values, Ethics Audit And Ethics Decision Models For Attorneys, Arthur Gross Schaefer, Leland Swenson

Pepperdine Law Review

No abstract provided.


Are Lawyers 'Wonderfully Made'?, Kenneth G. Elzinga Mar 2012

Are Lawyers 'Wonderfully Made'?, Kenneth G. Elzinga

Pepperdine Law Review

No abstract provided.


Pepperdine Commencement Speech, Anthony T. Kronman Mar 2012

Pepperdine Commencement Speech, Anthony T. Kronman

Pepperdine Law Review

No abstract provided.


Clients, Courts, And Calling: Rethinking The Practice Of Law, Joseph Allegretti Mar 2012

Clients, Courts, And Calling: Rethinking The Practice Of Law, Joseph Allegretti

Pepperdine Law Review

No abstract provided.


The Attorney-Client Privilege As An Obstacle To The Professional And Ethical Development Of Law Students, Ursula H. Weigold Mar 2012

The Attorney-Client Privilege As An Obstacle To The Professional And Ethical Development Of Law Students, Ursula H. Weigold

Pepperdine Law Review

No abstract provided.


Negotiating Part-Time Work: An Examination Of How Attorneys Negotiate Part-Time Arrangements At Elite Law Firms , Audrey J. Lee Mar 2012

Negotiating Part-Time Work: An Examination Of How Attorneys Negotiate Part-Time Arrangements At Elite Law Firms , Audrey J. Lee

Pepperdine Dispute Resolution Law Journal

This article first provides background information pertaining to recent research on gender in negotiation and prior studies on part-time work at law firms. The author then discusses the methodology and sample of the current study of part-time work arrangements of attorneys at elite law firms in one major metropolitan legal market. Next the article describes the current study's results with respect to whether attorneys viewed this situation as an opportunity to negotiate, measured by their preparation, and whether attorneys' approaches were impacted by the existence of objective criteria, viewed here as the firm's part-time policy. The author then provides prescriptive …


Professional Identity As Advocacy, Robert Rubinson Jan 2012

Professional Identity As Advocacy, Robert Rubinson

All Faculty Scholarship

The legal profession adheres to a story of a unified profession. Nevertheless, the profession has distinct professional sub-groups which repeatedly represent clients with interests adverse to those represented by attorneys who identify with other sub-groups. The idea of "professional identity as advocacy" describes how such professional sub-groups accuse opposing subgroups of greed, self-aggrandizement, or worse. This is most notable in two areas: personal injury litigation and criminal cases. This process has two seemingly contradictory consequences. First, it renders narrow areas extraordinarily visible, thus defining popular discourse and conceptions about lawyers and law. Second, it masks vast areas of litigation and …


Symposium Introduction: Humanism Goes To Law School, Marjorie A. Silver Jan 2012

Symposium Introduction: Humanism Goes To Law School, Marjorie A. Silver

Touro Law Review

By now, the knowledge that law students experience more than their fair share of distress is old news. The studies about law student (and lawyer) unhappiness have been widely discussed in both academic literature and trade publications. Less well known, however, are the increasing number of programs that law schools, and individuals within those schools, have implemented to counter that distress,and to help students develop a positive professional identity,both as students and as the lawyers they are about to become.


Miami's Medical-Legal Partnership: Preparing Lawyers And Physicians For Holistic Practice, Jonel Newman Jan 2012

Miami's Medical-Legal Partnership: Preparing Lawyers And Physicians For Holistic Practice, Jonel Newman

Articles

No abstract provided.


Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus Jan 2012

Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus

Touro Law Review

No abstract provided.


A Theoretical Case For Standardized Vesting Documents, Chad J. Pomeroy Jan 2012

A Theoretical Case For Standardized Vesting Documents, Chad J. Pomeroy

Faculty Articles

Practitioners, real estate professionals, and lay people throughout the country rely on the recording system to provide critical information regarding ownership rights and claims. Indeed, the recording system acts as a virtually mandatory repository and disseminator of all potential parties’ claims. This system, in turn, relies on these claimants and their agents to publicize their claims: property purchasers, lenders, lien-claimants, title companies, attorneys - these parties interact, make deals, make claims, order their affairs, and then record. The information system available to us, then, is only as good as what we make of it and what we put into it. …


Valuing Small Firm And Solo Law Practice: Models For Expanding Service To Middle-Income Clients, Ann Juergens Jan 2012

Valuing Small Firm And Solo Law Practice: Models For Expanding Service To Middle-Income Clients, Ann Juergens

Faculty Scholarship

While the profession focuses on ways to meet the critical legal needs of low-income citizens, the needs of the middle group are largely left for the market to fill. The painful fact is that the market has failed to distribute lawyer services to a majority of Americans with legal needs. Ironically, the legal needs of middle-income Americans have risen with the economic crisis even as unemployment among new lawyers has increased. A large supply of trained lawyers without work theoretically should translate into lower costs and more legal needs being met. Yet the cost of legal services has continued to …