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Articles 31 - 50 of 50
Full-Text Articles in Law
An Empirical Analysis Of The Medical And Legal Professions' Experiences And Perceptions Of Medical And Legal Malpractice, J. Douglas Peters, Steven K. Nord, R. Donald Woodson
An Empirical Analysis Of The Medical And Legal Professions' Experiences And Perceptions Of Medical And Legal Malpractice, J. Douglas Peters, Steven K. Nord, R. Donald Woodson
University of Michigan Journal of Law Reform
The purpose of this study is to describe the general perceptions of doctors and lawyers regarding medical and legal malpractice. The study does not purport to draw conclusions about the statistical significance of the presented numbers and percentages. In addition, the results presented should be interpreted in light of the methodology and response rate obtained in the survey.
Forcing Attorneys To Represent Indigent Civil Litigants: The Problems And Some Proposals, Greg Stevens
Forcing Attorneys To Represent Indigent Civil Litigants: The Problems And Some Proposals, Greg Stevens
University of Michigan Journal of Law Reform
This Note argues that uncompensated court appointments represent an unsatisfactory means to provide counsel for indigents. Part I discusses the policy arguments for and against forced, uncompensated court appointments. Part I concludes that the arguments against these appointments outweigh the arguments in favor of them. Part II argues that they violate the Constitution's prohibitions against uncompensated takings and involuntary servitude. Part III offers a proposal that would provide effective representation for indigent civil litigants, while avoiding infringement of attorneys' constitutional rights.
Fairness In Teaching Advocacy, Charles W. Joiner
Fairness In Teaching Advocacy, Charles W. Joiner
University of Michigan Journal of Law Reform
The questions I address are these: Is fairness related to advocacy? Is fairness a concept that law teachers should address in their teaching, in particular in courses involving advocacy? By "courses involving advocacy" I mean courses that teach both law and practice techniques involving the direct protection of the rights of clients, particularly in the courts-for example, civil and criminal procedure and evidence.
Private Settlement As Alternative Adjudication: A Rationale For Negotiation Ethics, Robert B. Gordon
Private Settlement As Alternative Adjudication: A Rationale For Negotiation Ethics, Robert B. Gordon
University of Michigan Journal of Law Reform
A rule of ethics like the one proposed in this Note takes a step toward this goal. Part I explores the general nature of unethical settlement negotiation, and the inadequate responses offered by both the American Bar Association Model Code of Professional Responsibility and the American Bar Association Model Rules of Professional Conduct. Part II presents a theory for recognizing private settlement negotiation as a substantive component of the adjudicatory process, deserving of all the ethical protections afforded forensic litigation. Part III evaluates certain proposals for reform and responds to various criticisms commonly leveled against efforts to regulate private negotiation …
Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson
Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson
University of Michigan Journal of Law Reform
In this essay I analyze some of the emotional events that occur during mediation and negotiation; the analysis may help us understand many of the problems that arise during the development and application of these legal practice skills. Following the analysis I present a few suggestions about how this teaching might best be accomplished.
The Nobel Prize For Law, Alfred F. Conard
The Nobel Prize For Law, Alfred F. Conard
University of Michigan Journal of Law Reform
There is no Nobel prize for law. This lack is not in itself a cause for concern, since the discipline of law is replete with its own rewards. But some cause for concern inheres in the implication that law provides very few examples of the kinds of contributions to humanity that merit Nobel prizes.
Is Thinking Like A Lawyer Enough?, Sallyanne Payton
Is Thinking Like A Lawyer Enough?, Sallyanne Payton
University of Michigan Journal of Law Reform
Every year that I attend meetings of the Law School's Committee of Visitors I ask members of the committee how the school might improve the training that we give to our graduates. Every year until this one the lawyers who have responded to this question have given a standard answer: the young lawyers are smart, they say, smarter in many respects than their seniors, but they don't know how to write well. This response usually leads to a discussion of the proper place of skills training in the law school curriculum; lawyers and professors engage in a little jousting over …
Soliciting Sophisticates: A Modest Proposal For Attorney Solicitation, Victor P. Filippini Jr.
Soliciting Sophisticates: A Modest Proposal For Attorney Solicitation, Victor P. Filippini Jr.
University of Michigan Journal of Law Reform
This Note advocates an amendment to the ethical standards governing attorneys that will permit the personal solicitation for pecuniary gain of sophisticated prospective clients - that is, those persons having general knowledge of their legal needs and the expertise to assess adequately the information and presentation of an attorney. Part I of this Note shows that lawyer solicitation is a form of commercial speech under recent Supreme Court decisions. It also asserts that, though the traditional reasons for banning lawyer solicitation still have some validity, these reasons do not justify prohibiting the solicitation of sophisticated clients. Part II suggests some …
The Organized Bar: A Catalyst For Court Reform, Paul R.J. Connolly
The Organized Bar: A Catalyst For Court Reform, Paul R.J. Connolly
University of Michigan Journal of Law Reform
This Article theorizes that state and local bar associations can play a vital role in ridding their courts of excessive costs and delay. Theory can become practice, however, only if state and local bars are reorganized to broaden their oversight and lobbying functions, in order to make them more effective vehicles of reform. This Article, then, discusses the role the organized bar can and should play in achieving procedural reform that will reduce the delay and cost of litigation. Part I describes the various stages of the reform process, using the Kentucky experiment as a model, and outlines the contributions …
Legitimacy In Social Reform Litigation: An Empirical Study, Timothy Wilton
Legitimacy In Social Reform Litigation: An Empirical Study, Timothy Wilton
University of Michigan Journal of Law Reform
This Article undertakes a detailed examination of a single lawsuit, Martin Luther King Junior Elementary School Children v. Ann Arbor School District Board. This study first explores the diversity of interests present among both the plaintiff and defendant groups in King, and analyzes the performance of the attorneys in representing these interests. The Article then turns to the problems of resistance that arise at the decree stage in social reform litigation, and presents an empirical evaluation of the factors influencing the response to judicially mandated relief.
On Becoming A Lawyer: Some Challenges For The Future, Harry T. Edwards
On Becoming A Lawyer: Some Challenges For The Future, Harry T. Edwards
University of Michigan Journal of Law Reform
This is probably the most difficult speech that I have ever had to make. I know this because I have agonized for weeks over it, pondering themes, writing and then discarding drafts, and occasionally rejecting the entire project as a fruitless endeavor. No doubt, some of you have experienced what I have been feeling when you have tried to put words to paper on a final exam, independent research project, or law review note. Nevertheless, my own reluctance to complete this task was baffling to me; after all, during the past decade, I have given well over fifty formal speeches …
Attorney Solicitation: The Scope Of State Regulation After Primus And Ohralik, David A. Rabin
Attorney Solicitation: The Scope Of State Regulation After Primus And Ohralik, David A. Rabin
University of Michigan Journal of Law Reform
The purpose of this article is to analyze the opinions in Primus and Ohralik, to delineate the scope of permissible state regulation in the wake of those two decisions, and to recommend specific changes in existing state solicitation rules. Part I examines the general nature of attorney solicitation law - by whom it is made and how it is enforced. Part II describes the statutory and constitutional aspects of solicitation law prior to Primus and Ohralik. Part III discusses the Court's holdings in Primus and Ohralik, and the changes in current statutory schemes required by the two …
Attorney Misappropriation Of Clients' Funds: A Study In Professional Responsibility, Gregory Dunbar Soule
Attorney Misappropriation Of Clients' Funds: A Study In Professional Responsibility, Gregory Dunbar Soule
University of Michigan Journal of Law Reform
The legal profession has initiated disciplinary processes and clients' security funds in order to achieve certain objectives. This article will delineate these objectives and evaluate whether they have been satisfied. Moreover, it will propose additional goals that the legal profession, given its present status as a self-regulating profession, should attain in satisfying its responsibility for governing the professional conduct of its members. Finally, additional measures that several states have instituted in order to complement the efforts of disciplinary agencies and clients' security funds by fulfilling unsatisfied needs of professional responsibility will be examined.
The Emerging Right Of Legal Assistance For The Indigent In Civil Proceedings, Jeffrey M. Mandell
The Emerging Right Of Legal Assistance For The Indigent In Civil Proceedings, Jeffrey M. Mandell
University of Michigan Journal of Law Reform
After the Supreme Court declared in Gideon v. Wainwright that indigents have a constitutional right to appointed counsel in criminal cases, attention turned to the possibility that a similar right could be found for civil litigants. Although there is no explicit constitutional guarantee of counsel for the civil litigant, the due process clause, which protects property rights as well as personal freedoms, arguably mandates that there be a right to professional representation of all citizens in all courts. The inability of most laymen to effectively present even a rudimentary case on their own behalf indicates that without counsel a meaningful …
Lawyers And Professionalism: A Further Psychiatric Perspective On Legal Education, Andrew S. Watson
Lawyers And Professionalism: A Further Psychiatric Perspective On Legal Education, Andrew S. Watson
University of Michigan Journal of Law Reform
In recent years, clinical teaching methods have played an increasingly significant role in the education of this nation's lawyers. With the consequential accumulation of data pertaining to various institutional experiences, it is now worthwhile to explore, from a clinician's perspective, some of the psychodynamics of this educational process as it appears to affect a student's future professional behavior. In addition to such an examination, this article will delineate methods for dealing with the stresses of a lawyer's professional life, suggesting ways in which the attorney may satisfy his goals as well as those of his client. It is hoped that …
The Code Of Professional Responsibility In The Corporate World: An Abdication Of Professional Self-Regulation, Carl A. Pierce
The Code Of Professional Responsibility In The Corporate World: An Abdication Of Professional Self-Regulation, Carl A. Pierce
University of Michigan Journal of Law Reform
The American Bar Association's Code of Professional Responsibility (Code or CPR) provides the foundation for the regulation of the legal profession by the members of the profession themselves. Although the drafters of the CPR have described it as a body of fundamental ethical principles applicable to all lawyers regardless of the nature of their professional activities, this article examines the vitality of the CPR and professional self-regulation in one particular area of lawyers' activities: corporate practice? The article suggests that the legal profession has abdicated its self-regulatory role, discusses the consequences of this abdication, and advances some alternatives to remedy …
The Law School's Role In Post-J.D. Specialty Education, Guy O. Kornblum
The Law School's Role In Post-J.D. Specialty Education, Guy O. Kornblum
University of Michigan Journal of Law Reform
As members of a profession which is largely self-policing, attorneys must find ways to protect the public by identifying the areas of practice that require special expertise and by ensuring that those who hold themselves out as specialists possess the necessary expertise. Simply because one claims a specialty or even practices a specialty does not mean that he has the requisite competence to practice in the field. Because one is presently competent in a specialty does not mean that he will continue to practice and maintain his competence and keep abreast of new techniques and developments. Certainly the profession should …
Attorneys' Conflicts Of Interest In The Investment Company Industry, Farrell C. Glasser
Attorneys' Conflicts Of Interest In The Investment Company Industry, Farrell C. Glasser
University of Michigan Journal of Law Reform
This article explores the problem of conflicts of interest resulting from the retention of the same attorneys by investment companies and their affiliates. After an analysis of the problem, it suggests appropriate remedial measures that could be instituted to prevent these conflicts from occurring in the investment company industry.
Self Defense For Women Lawyers: Enforcement Of Employment Rights, Giovanna M. Longo
Self Defense For Women Lawyers: Enforcement Of Employment Rights, Giovanna M. Longo
University of Michigan Journal of Law Reform
Employment and a concomitant opportunity to compete on the basis of individual merit for the rewards of achievement, whether they be money, power, prestige, personal satisfaction in a job well done, or the fulfillment of broad social aims, contribute to the assertion of legitimate human needs for independence and self-respect, and contribute to the expression and realization of individual potential. Women professionals and professional employers need to understand the applicable law regarding the proof of sex discrimination, what exceptions there are to prohibited sex discrimination, the procedures for enforcing that law and the benefits or detriments to be expected from …
Tenant's Attorney: Evaluation Of Impact, Ronald D. Glotta
Tenant's Attorney: Evaluation Of Impact, Ronald D. Glotta
University of Michigan Journal of Law Reform
The natural question raised by the passage of "Tenant Rights" legislation is whether the new law helps or hinders the practicing attorney representing tenants. In analyzing the package of Tenant Rights Bills enacted in Michigan in 1968 this article will focus on three questions: 1) whether such legislation raises false hopes in being heralded as a major declaration of rights and an effort to solve the problem of housing shortage; 2) whether such legislation actually further oppresses tenants, especially in their exercise of the one effective instrument in their power: collective action; and 3) whether such legislation significantly changes the …