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Articles 1 - 30 of 73
Full-Text Articles in Law
"Talkin' 'Bout Law's Generations: An Empirical And Jurisprudential Investigation Into The Reading Of Legal Cases By Different Generations Of Lawyers", Marett Leiboff
Marett Leiboff
The Australian TV comedy quiz show, Talkin’ ‘bout your generation, pits the knowledge of three different teams of generations against each other. Like a highlystrung game of trivial pursuit, the show’s comedy darkly exposes the speed with which knowledge, language and meaning is lost and misinterpreted across and between generations. This pilot study, Talkin’ ‘bout law’s generations takes its cue from its namesake, by discovering if legal interpretation is similarly affected. But the character of legal interpretation being explored is not uni-dimensional, and is instead exploring if (and how) social, political, historical and linguistic knowledge is deployed by its interpreters. …
Creating Hammer V. Dagenhart, Logan E. Sawyer Iii
Creating Hammer V. Dagenhart, Logan E. Sawyer Iii
William & Mary Bill of Rights Journal
No abstract provided.
Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak
Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak
Touro Law Review
No abstract provided.
The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers
The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers
Touro Law Review
No abstract provided.
Choice Of A Profession, John T. Noonan Jr.
Choice Of A Profession, John T. Noonan Jr.
Pepperdine Law Review
No abstract provided.
"Your Honor What I Meant To State Was . . .": A Comparative Analysis Of The Judicial And Evidentiary Admission Doctrines As Applied To Counsel Statements In Pleadings, Open Court, And Memoranda Of Law, Ediberto Roman
Pepperdine Law Review
No abstract provided.
Remarks For California Women Lawyers, Ruth Bader Ginsburg
Remarks For California Women Lawyers, Ruth Bader Ginsburg
Pepperdine Law Review
No abstract provided.
Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts, Adam J. Myers Iii
Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts, Adam J. Myers Iii
Pepperdine Law Review
No abstract provided.
Politics At The Boundary: Mixed Signals And The Chinese State, Rachel E. Stern, Kevin J. O'Brien
Politics At The Boundary: Mixed Signals And The Chinese State, Rachel E. Stern, Kevin J. O'Brien
Rachel E. Stern
In this conceptual essay, the authors argue that one way to understand the Chinese state is to view it from below, from the perspective of people advocating change. The authors’ “state reflected in society” approach is illustrated with accounts of Chinese lawyers, journalists, and NGO leaders who operate at the boundary of the acceptable and are attentive to signals about what the authorities will tolerate. Their experiences suggest that mixed signals about the limits of the permissible is a key feature of the Chinese state. Beyond a number of well-patrolled “forbidden zones,” the Chinese state speaks with many voices and …
Cascading Constitutional Deprivation: The Right To Appointed Counsel For Mandatorily Detained Immigrants Pending Removal Proceedings, Mark Noferi
Michigan Journal of Race and Law
Today, an immigrant green card holder mandatorily detained pending his removal proceedings, without bail and without counsel, due to a minor crime committed perhaps long ago, faces a dire fate. If he contests his case, he may remain incarcerated in substandard conditions for months or years. While incarcerated, he will likely be unable to acquire a lawyer, access family who might assist him, obtain key evidence, or contact witnesses. In these circumstances, he will nearly inevitably lose his deportation case and be banished abroad from work, family, and friends. The immigrant's one chance to escape these cascading events is the …
The Crisis In Legal Education: Dabbling In Disaster Planning, Kyle P. Mcentee, Patrick J. Lynch, Derek M. Tokaz
The Crisis In Legal Education: Dabbling In Disaster Planning, Kyle P. Mcentee, Patrick J. Lynch, Derek M. Tokaz
University of Michigan Journal of Law Reform
The legal education crisis has already struck for many recent law school graduates, signaling potential disaster for law schools already struggling with their own economic challenges. Law schools have high fixed costs caused by competition between schools, the unchecked expansion of federal loan programs, a widely exploited information asymmetry about graduate employment outcomes, and a lack of financial discipline masquerading as innovation. As a result, tuition is up, jobs are down, and skepticism of the value of a J.D. has never been higher. If these trends do not reverse course, droves of students will continue to graduate with debt that …
The Crisis Of The American Law School, Paul Campos
The Crisis Of The American Law School, Paul Campos
University of Michigan Journal of Law Reform
The economist Herbert Stein once remarked that if something cannot go on forever, it will stop. Over the past four decades, the cost of legal education in America has seemed to belie this aphorism: it has gone up relentlessly. Private law school tuition increased by a factor of four in real, inflation-adjusted terms between 1971 and 2011, while resident tuition at public law schools has nearly quadrupled in real terms over just the past two decades. Meanwhile, for more than thirty years, the percentage of the American economy devoted to legal services has been shrinking. In 1978 the legal sector …
The Adea, Your Partner, And You
The Adea, Your Partner, And You
Marquette Elder's Advisor
The Age Discrimination in Employment Act (ADEA) applies to lawyers and law firms, and older lawyers may have a cause for action after termination. This column highlights the pitfalls a law firm faces in terminating older lawyers, or lawyers who are physically or mentally impaired.
Thinking About Tax Malpractice: Outline And Hypotheticals, Michael Lang
Thinking About Tax Malpractice: Outline And Hypotheticals, Michael Lang
Michael B. Lang
There may be a lot of ethical traps that face the tax practitioner but there are also common-sense ways to avoid them.
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.
Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls And Ethical Considerations, Patricia E. Salkin
Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls And Ethical Considerations, Patricia E. Salkin
Patricia E. Salkin
This article explores how social networking sites have been used or might be used in the land use context. Part I focuses on the use of social networking for land use planning and zoning. It includes a discussion of the pros and cons of the use of social networking sites to present public information and to gather public input and invite general participation in the process, as well as to provide notice to the public of forthcoming government decision-making. This section offers concrete examples of how this technology is currently being used in the land use context. Part II focuses …
Continuing The White-Collar Unionization Movement: Imagining A Private Attorneys’ Union, Kimberly Y. Chin
Continuing The White-Collar Unionization Movement: Imagining A Private Attorneys’ Union, Kimberly Y. Chin
Pace Law Review
Given the still-rebounding legal market and the secrecy that characterized the employment decisions at many of the nation’s top law firms during the height of attorney layoffs, this Article imagines the formation of private attorney labor unions as a possible solution. Part I briefly discusses the National Labor Relations Act of 1935, the primary piece of legislation that governs employees’ right to organize and collectively bargain, focusing primarily on who is covered with particular attention placed on the inclusion of professional employees. Part II introduces an understanding of white-collar professionals as a distinct economic class, highlighting specifically its similarities and …
Hanna, John Harris, 1787?-1861 (Sc 559), Manuscripts & Folklife Archives
Hanna, John Harris, 1787?-1861 (Sc 559), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid and scan (Click on "additional files" below) for Manuscripts Small Collection 559. Form book owned and probably kept by John Harris Hanna, of Frankfort, Kentucky, as a law student. Contains examples of how to conduct various legal actions such as oaths, writs, and court proceedings. Index in back. Handwriting varies.
Fiduciary Duties And Exculpatory Clauses: Clash Of The Titans Or Cozy Bedfellows, Louise Lark Hill
Fiduciary Duties And Exculpatory Clauses: Clash Of The Titans Or Cozy Bedfellows, Louise Lark Hill
University of Michigan Journal of Law Reform
Centuries ago, when land represented the majority of wealth, the trust was used primarily for holding and transferring real property. As the dominant form of wealth moved away from family land, the trust evolved into a device for managing financial assets. With this transformation came the use of exculpatory clauses by both amateur and professional trustees, providing an avenue for these fiduciaries to escape liability for designated acts. With the use of exculpatory provisions, discussion abounded about whether fiduciary duties were mandatory or subject to modification. The latter view eventually prevailed, with the majority of jurisdictions viewing fiduciary duties as …
Regulating Conflicts Of Interest In Global Law Firms: Peace In Our Time?, Nancy J. Moore, Janine Griffiths-Baker
Regulating Conflicts Of Interest In Global Law Firms: Peace In Our Time?, Nancy J. Moore, Janine Griffiths-Baker
Faculty Scholarship
The phenomenon of the global law firm has transformed the face of international law practice. The practice of law has itself become global, as lawyers play their part in the growing international market for corporate and commercial services. The global expansion of legal practice has prompted several jurisdictions to consider how their own global legal service markets should be regulated. To date, only limited scholarly consideration has been given to the practicalities of regulating the day-to-day practice of law on an international scale.
This Article attempts to shed light on methods of regulating the conduct of lawyers in the context …
Reform That Understands Our Seniors: How Interdisciplinary Services Can Help Solve The Capacity Riddle In Elder Law, Thomas Richard Stasi
Reform That Understands Our Seniors: How Interdisciplinary Services Can Help Solve The Capacity Riddle In Elder Law, Thomas Richard Stasi
University of Michigan Journal of Law Reform
This Note suggests an interdisciplinary approach to assist in determinations of legal capacity. It also urges an amendment to the Model Rules and current law firm business models, so attorneys can better approach capacity challenges. While this Note does not presume to resolve the problems faced by capacity determinations, the purpose is to offer functional alternatives to the current working models. Part I reviews the Model Rules' treatment of capacity issues, detailing attorneys' conflicting ethical duties and the ambiguous methodology for capacity evaluations. Part II examines the customary processes that attorneys presently follow for seeking diagnostic evaluations and highlights their …
Agency And Equity: Why Do We Blame Clients For Their Lawyers' Mistakes, Adam Liptak
Agency And Equity: Why Do We Blame Clients For Their Lawyers' Mistakes, Adam Liptak
Michigan Law Review
If you were to ask a child whether it would be fair to execute a prisoner because his lawyer had made a mistake, the answer would be no. You might even get a look suggesting that you had asked a pretty stupid question. But judges treat the issue as a hard one, relying on a theory as casually accepted in criminal justice as it is offensive to principles of moral philosophy. This theory holds that the lawyer is the client's agent. What the agent does binds the principal. But clients and lawyers fit the agency model imperfectly. Agency law is …
A Rejoinder To Lester Brickman: On The Theory Class's Theories Of Asbestos Litigation, Charles Silver
A Rejoinder To Lester Brickman: On The Theory Class's Theories Of Asbestos Litigation, Charles Silver
Pepperdine Law Review
No abstract provided.
Christian Service In The Practice Of Law, Kenneth W. Starr
Christian Service In The Practice Of Law, Kenneth W. Starr
Pepperdine Law Review
No abstract provided.
A Larger Calling Still, Lee Hardy
Introduction: Can The Ordinary Practice Of Law Be A Religious Calling?, Robert F. Cochran Jr
Introduction: Can The Ordinary Practice Of Law Be A Religious Calling?, Robert F. Cochran Jr
Pepperdine Law Review
No abstract provided.
Collaborative Lawyering: A Closer Look At An Emerging Practice, William H. Schwab
Collaborative Lawyering: A Closer Look At An Emerging Practice, William H. Schwab
Pepperdine Dispute Resolution Law Journal
A critical analysis of collaborative law (CL) is only now beginning, and should be based on actual, not hypothetical information about the practice and its impact on clients as courts, the bar, and the public begin to digest the idea of CL. This Article intends to present a more comprehensive picture of collaborative practice than is currently available, to better inform the ongoing conversation about what role CL will play in the legal system. Toward that end, the following sketches some basic questions about CL, and provides some preliminary answers. Part I recounts the origin of CL and introduces the …
Collaborative Family Law, Pauline H. Tesler
Collaborative Family Law, Pauline H. Tesler
Pepperdine Dispute Resolution Law Journal
Collaborative Law appears to meet significant needs both among family law clients and among the lawyers who assist them through divorce. As will be discussed more fully below, clients appear to want the advantages of a contained, settlement-oriented, creative, private, respectful process without sacrificing the benefits of having a committed legal advocate at their sides. For that reason Collaborative Law appeals to clients who may hesitate to commit to a dispute resolution process facilitated solely by a neutral mediator. And, while many family lawyers suffer considerable professional angst as a consequence of their awareness that family law courts are neither …
The Narrative Approach To Mediation, Toran Hansen
The Narrative Approach To Mediation, Toran Hansen
Pepperdine Dispute Resolution Law Journal
Narrative Mediation is an approach and methodology that can offer mediators an innovative way to handle conflict intervention. It is important to note that "it is not a model that can be ransacked for techniques without damaging the intent and process it requires.. .because the foundational view is vastly different [from other approaches]." It may, however, particularly appeal to mediators with a postmodernist theoretical bent who prefer to work with the accounts of parties in conflict rather than attempting to get at "the truth" because they recognize that any truth brings with it implicit bias. The explicit role of mediator …
Facillitative Mediation: The Classic Approach Retains Its Appeal, Carole J. Brown
Facillitative Mediation: The Classic Approach Retains Its Appeal, Carole J. Brown
Pepperdine Dispute Resolution Law Journal
In this additional step in the civil litigation process in Ontario, the mediator is assigned a primarily "facilitative" role. This paper advances the position that mandatory mediation in Ontario was not designed as a process where a third party would offer an evaluation of the legal merits of a dispute. Instead, the goals of mandatory mediation are best achieved, and the parties know what to expect, when a mediator takes on the role of a neutral third party who facilitates communication, and takes an interest-based approach to problem-solving. This paper further posits that the mandatory mediation process, which requires the …