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Full-Text Articles in Law

Freeriders And Diversity In The Legal Academy, Ediberto Roman, Christopher Carbot Aug 2007

Freeriders And Diversity In The Legal Academy, Ediberto Roman, Christopher Carbot

Ediberto Roman

Diversity is a bedrock principle of the legal academy. American law schools have accordingly adopted the principle by virtue of their membership in the professional accrediting organizations of the American Bar Association(ABA) and the American Association of Law Schools(AALS). This article uses empirical analysis as well as microeconomic theory to demonstrate that despite the above pronouncements, one half of American law schools have failed to fully integrate and are thus not abiding by their commitments to the ABA and AALS.


Online Postings Can Be Nightmare For Recruits: In Acting On Google Search Results, However, Law Firms Should Proceed With Caution, Michael D. Mann Jun 2007

Online Postings Can Be Nightmare For Recruits: In Acting On Google Search Results, However, Law Firms Should Proceed With Caution, Michael D. Mann

Michael D. Mann

No abstract provided.


Google Your Applicants: Prospective Employers Are Increasingly Vetting Candidates' Web Pages, Michael D. Mann Jun 2007

Google Your Applicants: Prospective Employers Are Increasingly Vetting Candidates' Web Pages, Michael D. Mann

Michael D. Mann

No abstract provided.


Some Job Hunters Are What They Post, Michael D. Mann Apr 2007

Some Job Hunters Are What They Post, Michael D. Mann

Michael D. Mann

Plug a prospective employee's name into an Internet search engine, and you might be surprised at what you find. Web pages may tell hiring attorneys that the person they just interviewed wrote for an undergraduate newspaper or belonged to a specific sorority, but the Web may also reveal the recent interviewee's drink of choice and dating status. Law firms can use the Internet for their own recruiting needs, says attorney Michael D. Mann, but they should take what they read on the Web with a grain of salt.


Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman Mar 2007

Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman

Lester Brickman

In 2005, U.S. District Court Judge Janis Jack, presiding over an MDL proceeding involving 10,000 claims of silicosis emanating from litigation screenings, issued a 264 page opinion rejecting the reliability of thousands of medical reports generated by those screenings. Before issuing her opinion, she ordered a Daubert hearing to assess the reliability of these medical reports which had been issued by a handful of doctors. In furtherance of this unprecedented use of a Daubert hearing in a mass tort proceeding, she compelled the production of a large volume of evidence, under threat of contempt, that the screening companies and doctors …


Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman Mar 2007

Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman

Lester Brickman

In 2005, U.S. District Court Judge Janis Jack, presiding over an MDL proceeding involving 10,000 claims of silicosis emanating from litigation screenings, issued a 264 page opinion rejecting the reliability of thousands of medical reports generated by those screenings. Before issuing her opinion, she ordered a Daubert hearing to assess the reliability of these medical reports which had been issued by a handful of doctors. In furtherance of this unprecedented use of a Daubert hearing in a mass tort proceeding, she compelled the production of a large volume of evidence, under threat of contempt, that the screening companies and doctors …


Unlocking The Secrets Of Highly Successful Legal Writing Students, Anne Enquist Feb 2007

Unlocking The Secrets Of Highly Successful Legal Writing Students, Anne Enquist

Anne M Enquist

Abstract Unlocking the Secrets of Highly Successful Legal Writing Students Anne M. Enquist Seattle University School of Law Why are some law students successful in their legal writing classes and others are not? To identify the secrets to success, I did a case study of six second-year law students as they wrote a motion brief and an appellate brief for their 2L legal writing course. Based on their 1L legal writing course, two of these students were predicted to be highly successful, two were predicted to be moderately successfully, and two were predicted to be only marginally successful. Through daily …


To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz Feb 2007

To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz

Steven L Schwarcz

In recent years, companies have been shifting much of their transactional legal work from outside law firms to in-house lawyers, and some large companies now staff transactions almost exclusively in-house. Although this transformation redefines the very nature of the business lawyer, scholars have largely ignored it. This article seeks to remedy that omission, using empirical evidence as well as economic theory to help explain why in-house lawyers are taking over, and whether they are likely to continue to take over, these functions and roles of outside lawyers. The findings are surprising, suggesting that in-house lawyers may now be performing as …


To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz Jan 2007

To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz

Steven L Schwarcz

In recent years, companies have been shifting much of their transactional legal work from outside law firms to in-house lawyers, and some large companies now staff transactions almost exclusively in-house. Although this transformation redefines the very nature of the business lawyer, scholars have largely ignored it. This article seeks to remedy that omission, using empirical evidence as well as economic theory to help explain why in-house lawyers are taking over, and whether they are likely to continue to take over, these functions and roles of outside lawyers. The findings are surprising, suggesting that in-house lawyers may now be performing as …


To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz Jan 2007

To Make Or To Buy: In-House Lawyering And Value Creation, Steven L. Schwarcz

Steven L Schwarcz

No abstract provided.


Lawyer Personality Traits And Their Relationship To Various Approaches To Lawyering, Susan Daicoff Dec 2006

Lawyer Personality Traits And Their Relationship To Various Approaches To Lawyering, Susan Daicoff

Susan Daicoff

No abstract provided.


Thinking Like A Lawyer: The Heuristics Of Case Synthesis, Jane Gionfriddo Dec 2006

Thinking Like A Lawyer: The Heuristics Of Case Synthesis, Jane Gionfriddo

Jane Kent Gionfriddo

In a common law system where cases play such an important role in legal problem-solving, lawyers must be able to synthesize ideas from groups of cases to figure out a jurisdiction's law at a particular point in time; in reality, however, many lawyers aren't able to do so well enough for sophisticated law practice. Some lawyers understand and use this skill intuitively, but do not consciously think about the steps they actually take. Those in this group often do not sufficiently value case synthesis because it seems so obvious, with the result that they don't necessarily use this skill to …


Local Matters: Internationalizing Strategies For U.S. Law Firms, Carole Silver Dec 2006

Local Matters: Internationalizing Strategies For U.S. Law Firms, Carole Silver

Carole Silver

No abstract provided.


The Arbitration Penumbra: Arbitration Law And The Rapidly Changing Landscape Of Dispute Resolution, Thomas J. Stipanowich Dec 2006

The Arbitration Penumbra: Arbitration Law And The Rapidly Changing Landscape Of Dispute Resolution, Thomas J. Stipanowich

Thomas J. Stipanowich

After a generation of growing emphasis on informal methods of conflict resolution, the surrounding legal landscape remains "aimless, meandering, and . . . confusing." The "penumbra" of arbitration law - a body of judicial decisions involving application of federal or state arbitration statutes to processes that are to one degree or another different from "classic" arbitration, or to the interface between arbitration and earlier stages in multi-step dispute resolution processes - reflects the failure of courts to articulate clear and well-reasoned approaches to the new generation of dispute resolution tools. The application of arbitration law entails a variety of specific …