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Articles 1 - 30 of 82
Full-Text Articles in Law
Is Law A Discipline? Forays Into Academic Culture, Gene R. Shreve
Is Law A Discipline? Forays Into Academic Culture, Gene R. Shreve
Cleveland State Law Review
This Article explores academic culture. It addresses the reluctance in academic circles to accord law the full stature of a discipline. It forms doubts that have been raised into a series of four criticisms. Each attacks an academic feature of law, inviting the question: Is law different from the rest of the university in a way damaging its stature as an academic discipline? The Article concludes that, upon careful examination of each criticism, none establishes a difference between law and other disciplines capable of damaging law’s stature.
Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith
Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith
Cleveland State Law Review
Law school is supposed to teach legal analysis and lawyering skills as well as mold law students’ professional identities. Pro bono work provides an opportunity for law students to use their legal knowledge and skills and to develop their identities as emerging legal professionals. As important as both pro bono work and identity formation are, there has been very little research regarding how pro bono contributes to students’ identity formation. This Article utilizes a data set of over forty student-client consultations at a pro bono brief advice project that have been recorded and transcribed. It uses conversation analysis to study …
Clients Want Results, Lawyers Need Emotional Intelligence, Christine C. Kelton
Clients Want Results, Lawyers Need Emotional Intelligence, Christine C. Kelton
Cleveland State Law Review
Thinking requires emotions and emotions enhance thinking. This Article suggests that the emotionally intelligent lawyer is more likely to serve the needs of clients and the legal community than the lawyer who has less understanding of, and control over, emotions. Part II introduces two “emotionally unintelligent” lawyers, Amanda and Rick, and considers how their emotional “unintelligence” affects their new client, psychologist, Dr. Ray Randolph. Part III provides some background on the relevant research on emotional intelligence, including the history of intelligence, from general intelligence, to social intelligence, to multiple intelligences, and to emotional intelligence. Part IV defines and explores the …
Expelling Law Firm Partners, Douglas R. Richmond
Expelling Law Firm Partners, Douglas R. Richmond
Cleveland State Law Review
Law firm partners may be de-equitized or expelled by their firms in good times as well as lean. Such actions appear to be on the upswing. There are, however, relatively few cases on these subjects. The leading case, Holman v. Coie, is dated; the practice of law, at least in large law firms, has changed considerably in the thirty plus years since Holman was decided. Looking ahead, courts must carefully reanalyze the intra-firm duty of good faith and fair dealing. Rather than confining liability to cases of economic predation, courts should review partner de-equitizations and expulsions under either excluder or …
Towards A Reformed Conception Of Multidisciplinary Practice , George C. Nnona
Towards A Reformed Conception Of Multidisciplinary Practice , George C. Nnona
Cleveland State Law Review
Drawing out the deeper questions of pragmatism, professional autonomy, argues, contrary to the dominant academic opinion in the field, that the empirical underpinnings of multidisciplinary practice (MDP) are weak as are its theoretical justifications and overall compatibility with the policy imperatives of true professionalism. The Article is in a sense a response to the observation of the eminent scholar of the legal profession, Professor Charles Wolfram that, "shockingly little has been written in opposition to MDP." The Article critically examines and refutes the arguments deployed in support of MDP, a subject that has attracted much attention in recent times as …
Models And Games: The Difference Between Explanation And Understanding For Lawyers And Ethicists , Jeffrey M. Lipshaw
Models And Games: The Difference Between Explanation And Understanding For Lawyers And Ethicists , Jeffrey M. Lipshaw
Cleveland State Law Review
There is value for lawyers in thinking about constructs of rules as games on one hand, or models on the other. Games are real in a way models are not. Games have "thingness"--an independent reality-and they can be played. Models have "aboutness"-they map onto something else that is real for the sake of simplification and explanation. But models and games are not dichotomous as the preceding claim makes them out to be. Sometimes models look just like games, and sometimes games can serve as models. Because models look like games, we may come to believe they are real-that the models …
Law As Symbol: Appearances In The Regulation Of Investment Advisers And Attorneys , Larry D. Barnett
Law As Symbol: Appearances In The Regulation Of Investment Advisers And Attorneys , Larry D. Barnett
Cleveland State Law Review
From a macrosociological perspective, law is an institution of society, is shaped by conditions in society, and facilitates social life by interalia producing symbols. Law accordingly adopts concepts and principles that focus on the appearance to society of certain phenomena and that are symbols when the phenomena are socially significant. To illustrate symbols in law, the article examines (i) the "hold oneself out" standard in defining an investment adviser under the federal Investment Advisers Act and (ii) the standard for ethical conduct that requires attorneys to avoid appearances of impropriety. If symbolic concepts and principles are tied to the properties …
Eastern Visions, Western Voices: A Sermon On Love In The Valley Of Law, John W. Teeter Jr.
Eastern Visions, Western Voices: A Sermon On Love In The Valley Of Law, John W. Teeter Jr.
Cleveland State Law Review
This is an appeal to your generation, the generation struggling to make the prolonged and stressful transition from law student to seasoned attorney. This evolution can be painfully despiriting, and I hope that my little sermon will provide ideas on how to transform a potentially grueling struggle for sustenance into a genuine labor of love. My sources stem from divergent roots, both Eastern—Buddhist with pinches of Hindu—and Western— ranging from Platonic to perhaps the moronic. I make no pretense of being an expert in any philosophical school, and I have no desire to indoctrinate others. To the contrary, I aspire …
The Ethical Utilization Of Paralegals In Ohio, Wendy I. Wills
The Ethical Utilization Of Paralegals In Ohio, Wendy I. Wills
Cleveland State Law Review
This article seeks to discern a bright-line rule for the unauthorized practice of law in Ohio by paralegals. Part I briefly introduces the growth of the paralegal profession in general. Part II discusses Ohio cases dealing with the unauthorized practice of law. Part III explains what legal services non-lawyers are permitted to perform under the supervision of a practicing attorney. Part IV then discusses the evolution of paralegal practice in other states before Part V summarizes what paralegals are permitted to do under Ohio law.
Book Review: The Right To Justice: The Political Economy Of Legal Services In The United States, Jane M. Picker
Book Review: The Right To Justice: The Political Economy Of Legal Services In The United States, Jane M. Picker
Cleveland State Law Review
No abstract provided.
Book Review: The Right To Justice: The Political Economy Of Legal Services In The United States, Jane M. Picker
Book Review: The Right To Justice: The Political Economy Of Legal Services In The United States, Jane M. Picker
Cleveland State Law Review
No abstract provided.
Legal Malpractice In Ohio, John C. Nemeth
Legal Malpractice In Ohio, John C. Nemeth
Cleveland State Law Review
This article will discuss the fundamentals of a legal malpractice case, specifically addressing two areas. The first involves the elements of a legal malpractice case. This discussion will expose two problems that continually appear in legal malpractice litigation: (1) expanding the liability of an attorney to third parties, and (2) determining whether the alleged malpractice was the proximate cause of the plaintiff's injuries. The second area of discussion will focus on the time limitations imposed for bringing a legal malpractice action. Additionally, in order to better understand the current state of the law, a brief discussion illustrating the historical development …
On Defining Academic Scholarship, Stephen J. Werber
On Defining Academic Scholarship, Stephen J. Werber
Cleveland State Law Review
This article seeks to find a definition of “scholarship.” Scholarship, to be fully recognized in the academic community, must address the theory of law - not its application. The basic premise of this essay is that such a definition of scholarship is detrimental to the law teaching profession and demeaning of the legal profession as a whole. As in the sciences, there is a need for both theoretical scholarship and applied scholarship. Both should be recognized as contributing to the overall knowledge, development, and beauty of the law as well as to the justice that that law seeks to achieve.
Personal Values And Professional Ethics, Geoffrey C. Hazard Jr.
Personal Values And Professional Ethics, Geoffrey C. Hazard Jr.
Cleveland State Law Review
My purpose on this occasion is to urge reexamination of personal values as a fundamental resource of professional ethics. The essential point is that rules of ethics, such as those embodied in the profession's ethical codes, are insufficient guides to making the choices of action that a professional must make in practice. I will suggest that the same is true of professional tradition and conventional ways of practice. This is not to say that rules of ethics and traditions are irrelevant. Rules of professional ethics frame the ethical problems that are encountered in a lawyer's life throughout practice. Moreover, professional …
The Pro Bono Debate And Suggestions For A Workable Program, Sophia M. Deseran
The Pro Bono Debate And Suggestions For A Workable Program, Sophia M. Deseran
Cleveland State Law Review
Although the concept of pro bono publico, the rendering of an attorney's services without or with substantially reduced compensation, has been in existence for centuries, there has been an increasing interest in the question of whether this public service can be made a mandatory one. This note will explore the development of a mandatory service requirement by reviewing the American treatment of such an obligation. Some attention will be given to foreign approaches as well. In addition, the need for legal assistance will be analyzed. Finally, in view of the uncertain status of a mandatory pro bono system, suggestions for …
Finding Yourself In Law School, Joel Jay Finer
Finding Yourself In Law School, Joel Jay Finer
Cleveland State Law Review
Congratulations on your acceptance and your decision to enter law school. Some might say after reading this commentary that it was more appropriate for a commencement address. But stop to think. Commencement means beginning. This is your commencement, the beginning of your legal career. And if the values to which I refer are not somewhere in your thoughts during your law school education, when you can begin to see how your technical skills can be put to use in service of whatever justice goals you personally find most meaningful, it may be more difficult to make the connections later on. …
A Conceptual Approach To Negotiating Relational Contracts For The Small Business Client, Gary H. Doberstyn
A Conceptual Approach To Negotiating Relational Contracts For The Small Business Client, Gary H. Doberstyn
Cleveland State Law Review
The purpose of this Article is to present a conceptual framework within which one may develop a comprehensive approach to negotiating relational business agreements. The framework identifies and integrates various considerations in a very broad manner to make it applicable to the various business contexts in which negotiations may occur.
Prosecutorial Misconduct: Quelling The Tide Of Improper Comment To The Jury, Frank D. Celebrezze
Prosecutorial Misconduct: Quelling The Tide Of Improper Comment To The Jury, Frank D. Celebrezze
Cleveland State Law Review
The United States Supreme Court, in Darden v. Wainwright, stated that where the error is forensic in nature, appellate courts should reverse a conviction when the prosecutor's misconduct "so infected the trial with unfairness as to make the resulting conviction a denial of due process." Therefore, except in the most egregious cases, appellate courts are placed in the uncomfortable position of condemning the prosecutor's behavior while affirming the conviction, thus fostering what an appellate judge once called "a deplorably cynical attitude towards the judiciary. This article will focus on one aspect of prosecutorial misconduct which has been chronicled with alarming …
Defending The Guilty, Barbara Allen Babcock
Defending The Guilty, Barbara Allen Babcock
Cleveland State Law Review
How can you defend a person you know is guilty? I have answered that question hundreds of times, never to my inquirer's satisfaction, and therefore never to my own. In recent years, I have more or less given up, abandoning the high-flown explanations of my youth, and resorting to a rather peevish: "Well, it's not for everybody. Criminal defense work takes a peculiar mind-set, heart-set, soul-set." While I still believe this, the mind-set might at least be more accessible through a better effort at explanation. First we will examine the nature of the question, then the possible answers. We must …
The Civil Rights Lawyer In The 1980'S, Thelton E. Henderson
The Civil Rights Lawyer In The 1980'S, Thelton E. Henderson
Cleveland State Law Review
There has been a lot of discussion recently about civil rights and the future, if any, of the civil rights movement. Some ask whether the civil rights movement in this country is dead. In response, I hope to answer this question by examining the civil rights movement along with the role of the civil rights lawyer in the 1980's.
Is America Over-Lawyered, Shirley M. Hufstedler
Is America Over-Lawyered, Shirley M. Hufstedler
Cleveland State Law Review
Are we over-lawyered? The answer that a lawyer must give is the kind of response that always exasperates laypersons-yes and no. We do have far more lawyers than we can absorb in the existing professional structures, at costs that can be paid by persons who need those services. The unmet need for legal services is very large and growing. Program after program designed to fund legal aid for the poor has been cut or extinguished. Even in a profession that is as crowded as our own, there is always room for the very best, the dedicated and the least selfish.
Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway
Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway
Cleveland State Law Review
This article will review the parallel patterns of development of clinical education and the sixth amendment, highlighting areas in which the practices of the former either conflict, or contain the potential for conflict with the latter. An analysis will be made of the present legal status of law student representation of indigent criminal defendants, with reference primarily to constitutional and sixth amendment considerations, but also to such related matters as the confidentiality of student-client communications, law student professional responsibility, and the applicability to students of state bar disciplinary rules. Finally, guidelines will be proposed regarding the proper scope of student …
Professional Responsibility Of A Law Teachers, Norman Redlich
Professional Responsibility Of A Law Teachers, Norman Redlich
Cleveland State Law Review
What are the essential ingredients of the proposed code of professional responsibility for the law teacher? First, the law teacher should take seriously the subject of ethics and professional responsibility. Second, law teachers should insist on students adhering to professional standards. Third, the essential quid pro quo for insisting on high professional standards on the part of the student is for the law teacher to demonstrate respect for students and for their time. Law teachers should respond to the views of the students with the courtesy and respect accorded to fellow professionals. Respect for one's faculty colleagues is an important …
Here's What We Do: Some Notes About Clinical Legal Education, Stephen Wizner, Dennis Curtis
Here's What We Do: Some Notes About Clinical Legal Education, Stephen Wizner, Dennis Curtis
Cleveland State Law Review
For the past decade we have been engaged in developing the Yale Law School clinical program. From time to time academic colleagues, practicing lawyers, and even non-lawyers have asked what we do. Until we were invited to do so, however, we never could bring ourselves to put down on paper some of our thoughts about legal education in general, and clinical legal education in particular, gleaned from years of working in the field. These notes represent a beginning in that direction.
Why Don't Law Schools Teach Law Students How To Try Law Suits, Edward J. Devitt
Why Don't Law Schools Teach Law Students How To Try Law Suits, Edward J. Devitt
Cleveland State Law Review
As chairman of the Devitt Committee I was exposed to a wide range of views concerning the issue of the quality of trial advocacy in this country's courts. That experience made apparent the seriousness of the problem of inadequate trial advocacy and the necessity for appropriate remedies. The cure for this lies primarily with the law schools. What is needed is a fundamental change in attitude among American law schools. This commentary will establish that these pragmatic views have the support of logic, history and the available hard evidence.
A New Model For Legal Communication: Sensory Experience And Representational Systems, John L. Barkai
A New Model For Legal Communication: Sensory Experience And Representational Systems, John L. Barkai
Cleveland State Law Review
This article will present a model for improving oral legal communication. The discussion will demonstrate how human beings create sensory-based models of the parts of the world they experience' and how these models affect the communication process. The three principal sensory-based channels of communication will be described, and the article will explain how both knowledge and use of these channels can improve the rapport and informational functions of communication. Emphasis will be placed on the lawyer's ability to recognize the world model of the people with whom he communicates and to adapt his own process of communication to insure that …
Approaches And Stumbling Blocks To Integration Of Skills Training And The Traditional Methods Of Teaching Law, W. Noel Keyes
Approaches And Stumbling Blocks To Integration Of Skills Training And The Traditional Methods Of Teaching Law, W. Noel Keyes
Cleveland State Law Review
Having practiced for many years before becoming a law professor, the author felt compelled to look at the problem of how to integrate practical training into traditional methods for teaching law. It was soon evident that the solution could not be found if one took a pejorative attitude, dwelling on negative terminology such as "anti-intellectualism," but only if it was recognized that law study has little meaning without a concurrent study of its practice. This commentary will propose a mode for accomplishing this integration.
The Contradictions Of Clinical Legal Education, Ralph S. Tyler, Robert S. Catz
The Contradictions Of Clinical Legal Education, Ralph S. Tyler, Robert S. Catz
Cleveland State Law Review
The central thesis of this commentary is that clinical methodology is sound theoretically, as it provides a necessary and vital complement to other modes of legal education, but that the exciting potential of this method will not be realized so long as law school clinical programs rely primarily on "live client" cases to teach their students. Because the live client model is used extensively in clinical programs, this commentary will assess that model of clinical education by seeking to identify the problems associated with maintaining a law office in the law school environment. Particular attention will be given to the …
Chart I - Summary Of Aba Model Rule And State Rules And Statutes, Cleveland State Law Review
Chart I - Summary Of Aba Model Rule And State Rules And Statutes, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
Clinical Legal Education: The Case Against Separatism, Frank W. Munger
Clinical Legal Education: The Case Against Separatism, Frank W. Munger
Cleveland State Law Review
In this article I attempt to support my conclusion that the future of clinical education lies in its contributions to the classroom, rather than in its function as an independent source of training. This last phase of the clinical movement is the most important, and will constitute the greatest contribution of clinicians to legal education. I will argue that the concerns of clinicians have stimulated the soundest recent thinking about improvements in legal education, and that, therefore, clinics should be used to develop innovations in teaching which can be applied to the traditional classroom. If my arguments are valid, then …