Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Crisis Exposed By Pari Passu, Preston M. Torbert
The Crisis Exposed By Pari Passu, Preston M. Torbert
Hofstra Law Review
This article is one practitioner's reaction to Gulati and Scott's The Three and A Half Minute Transaction: Boilerplate and the Limits of Contract Design. It notes that current contract drafting practices, especially for sovereign debt instruments, create a crisis: that is, a danger and an opportunity. The danger is the offshoring of contract drafting. The opportunity is to substantially improve contract drafting by establishing in a law school a laboratory program for creative innovation in contract drafting. The article suggests issues that such a program could adddress: the implications of the canons of interpretation for drafting, the problem of …
Which "Client-Centered Counselors"?: A Reply To Professor Freedman, Robert F. Cochran, Jr.
Which "Client-Centered Counselors"?: A Reply To Professor Freedman, Robert F. Cochran, Jr.
Hofstra Law Review
In this article, Professor Cochran responds to Professor Freedman's comments concerning Cochran’s criticism of client-centered lawyering for its tendency to focus exclusively on the interests of clients, often at the expense of other people. Professor Freedman and his co-author, Professor Abbe Smith, appear to be alone among the client-centered counselors in supporting the idea of moral counsel as an integral part of the decision-making process. In this response, Cochran attempts to generate a conversation among those who identify themselves as client-centered lawyers as to the very significant differences between them in the matter of lawyer-client moral discourse. Under the dominant …