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Full-Text Articles in Law
The “Hidden Judiciary”: An Empirical Examination Of Executive Branch Justice, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
The “Hidden Judiciary”: An Empirical Examination Of Executive Branch Justice, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Duke Law Journal
Administrative law judges attract little scholarly attention, yet they decide a large fraction of all civil disputes. In this Article, we demonstrate that these executive branch judges, like their counterparts in the judicial branch, tend to make predominantly intuitive rather than predominantly deliberative decisions. This finding sheds new light on executive branch justice by suggesting that judicial intuition, not judicial independence, is the most significant challenge facing these important judicial officers.
Probing The Effects Of Judicial Specialization, Lawrence Baum
Probing The Effects Of Judicial Specialization, Lawrence Baum
Duke Law Journal
No abstract provided.
A Question Of Costs: Considering Pressure On White-Collar Criminal Defendants, Sarah Ribstein
A Question Of Costs: Considering Pressure On White-Collar Criminal Defendants, Sarah Ribstein
Duke Law Journal
Because of the expense of defending white-collar criminal cases, individual corporate defendants can rarely fund their own defenses and often rely on their employers to pay their legal costs. Employers, however, often feel pressure to refuse to pay their employees' attorneys' fees. When employers decline to pay their employees' defense costs, defendants can be, in effect, coerced into pleading guilty because they do not have the financial resources to defend themselves at trial. Commentators have discussed the problem of pressure on white-collar defendants but have not traced the cause of the pressure back to one of its most basic roots: …
Is The Gummy Rule Of Today Truly Better Than The Toothy Rule Of Tomorrow? How Federal Rule 68 Should Be Modified, Anna Aven Sumner
Is The Gummy Rule Of Today Truly Better Than The Toothy Rule Of Tomorrow? How Federal Rule 68 Should Be Modified, Anna Aven Sumner
Duke Law Journal
No abstract provided.
Liberating Lawyers: Divergent Parallels In Intruder In The Dust And To Kill A Mockingbird, Rob Atkinson
Liberating Lawyers: Divergent Parallels In Intruder In The Dust And To Kill A Mockingbird, Rob Atkinson
Duke Law Journal
Professor Atkinson hopes William Faulkner's Intruder in the Dust will replace Harper Lee's To Kill a Mockingbird as our favorite story of lawyerly virtue. In both stories, a white male lawyer and his protege try to free a black man falsely accused of a capital crime. But below these superficial similarities, Professor Atkinson finds fundamental differences. To Kill a Mockingbird, with its father-knows-best attorney, Atticus Pinch, celebrates lawyerly paternalism; Intruder in the Dust, through its aristocratic black hero, Lucas Beauchamp, and his lay allies, challenges the rule of lawyers, if not law itself The first urges us to serve others …
Attorney-Client Relationships In Cyberspace: The Peril And The Promise, Catherine J. Lanctot
Attorney-Client Relationships In Cyberspace: The Peril And The Promise, Catherine J. Lanctot
Duke Law Journal
Despite the legal profession's historical resistance to technological advances, the burgeoning world of cyberspace is bringing change to the practice of law. As laypeople flock to the Internet to seek help with their legal problems, lawyers are going online to provide such assistance. Yet, these exchanges are occurring without close consideration of whether they create attorney-client relationships-the source of weighty ethical and legal obligations. In many cases, lawyers seek to avoid the consequences of such relationships merely by disclaiming their existence. In this Article, Professor Lanctot examines the issue of lawyer-layperson communications in cyberspace from doctrinal and historical perspectives. The …
Can A California Litigant Prevail In An Action For Legal Malpractice Based On An Attorney’S Oral Argument Before The United States Supreme Court?, Krista M. Enns
Duke Law Journal
No abstract provided.
Attorney-Client Privilege: The Eroding Concept Of Confidentiality, Paul R. Rice
Attorney-Client Privilege: The Eroding Concept Of Confidentiality, Paul R. Rice
Duke Law Journal
No abstract provided.
Malpractice Immunity: An Illegitimate And Ineffective Response To The Indigent-Defense Crisis, Harold H. Chen
Malpractice Immunity: An Illegitimate And Ineffective Response To The Indigent-Defense Crisis, Harold H. Chen
Duke Law Journal
No abstract provided.
Private Attorneys General, Prevailing Parties, And Public Benefit: Attorney’S Fees Awards For Civil Rights Plaintiffs, David Shub
Duke Law Journal
No abstract provided.
Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller
Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller
Duke Law Journal
No abstract provided.
Clients, Lawyers And The Fifth Amendment: The Need For A Projected Privilege, Kevin R. Reitz
Clients, Lawyers And The Fifth Amendment: The Need For A Projected Privilege, Kevin R. Reitz
Duke Law Journal
No abstract provided.
A Public Goods Approach To Calculating Reasonable Fees Under Attorney Fee Shifting Statutes, William R. Mureiko
A Public Goods Approach To Calculating Reasonable Fees Under Attorney Fee Shifting Statutes, William R. Mureiko
Duke Law Journal
No abstract provided.
Legal Education In The Recruitment Marketplace: Decades Of Change, Abbie Willard Thorner
Legal Education In The Recruitment Marketplace: Decades Of Change, Abbie Willard Thorner
Duke Law Journal
No abstract provided.
The Lawyer As Informer, Gerard E. Lynch
Preemption Of State Law Notice Provisions Governing The Recovery Of Attorneys’ Fees By Section 506(B) Of The Bankruptcy Code, R. Wilson Freyermuth
Preemption Of State Law Notice Provisions Governing The Recovery Of Attorneys’ Fees By Section 506(B) Of The Bankruptcy Code, R. Wilson Freyermuth
Duke Law Journal
No abstract provided.
A Critical Appraisal Of The Justice Department Guidelines For Grand Jury Subpoenas Issued To Defense Attorneys, Michael F. Orman
A Critical Appraisal Of The Justice Department Guidelines For Grand Jury Subpoenas Issued To Defense Attorneys, Michael F. Orman
Duke Law Journal
No abstract provided.
The Attorney’S Duty To Reveal A Client’S Intended Future Criminal Conduct, Timothy J. Miller
The Attorney’S Duty To Reveal A Client’S Intended Future Criminal Conduct, Timothy J. Miller
Duke Law Journal
No abstract provided.
The Legal Theory Of Attorney Fee Shifting: A Critical Overview, Thomas D. Rowe Jr.
The Legal Theory Of Attorney Fee Shifting: A Critical Overview, Thomas D. Rowe Jr.
Duke Law Journal
No abstract provided.
Criminal Malpractice: Threshold Barriers To Recovery Against Negligent Criminal Counsel, David H. Potel
Criminal Malpractice: Threshold Barriers To Recovery Against Negligent Criminal Counsel, David H. Potel
Duke Law Journal
No abstract provided.