Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 53
Full-Text Articles in Law
Notions Of Fairness And Contingent Fees , Eyal Zamir, Ilana Ritov
Notions Of Fairness And Contingent Fees , Eyal Zamir, Ilana Ritov
Law and Contemporary Problems
No abstract provided.
Foreword: Of Lawyers, Leaders, And Returning Riddles In Sovereign Debt, Anna Gelpern, G. Mitu Gulati
Foreword: Of Lawyers, Leaders, And Returning Riddles In Sovereign Debt, Anna Gelpern, G. Mitu Gulati
Law and Contemporary Problems
This volume contains the research and recollections of more than a dozen
Shaping Public Opinion And The Law: How A “Common Man” Campaign Ended A Rich Man’S Law, Marjorie E. Kornhauser
Shaping Public Opinion And The Law: How A “Common Man” Campaign Ended A Rich Man’S Law, Marjorie E. Kornhauser
Law and Contemporary Problems
Kornhauser recounts the legislation which enacted in 1934 required all income taxpayers to submit "pink slips" with their tax returns. The information required by the pink slip would then be made available for public inspection. The disclosure regime was repealed less than one year later, largely through the remarkably effective efforts of one person--Raymond Pitcairn, a wealthy lawyer. She describes a multifaceted public-relations campaign, orchestrated by Pitcairn, that would be sophisticated even by today's standards. Two aspects of Pitcairn's campaign were especially impressive. The first was his ability to enlist the zeitgeist in his efforts; the trial of Bruno Hauptmann …
Irreconcilable Differences? The Troubled Marriage Of Science And Law, Susan Haack
Irreconcilable Differences? The Troubled Marriage Of Science And Law, Susan Haack
Law and Contemporary Problems
There haven't always been scientific witnesses: in fact, there haven't always been witnesses. In early medieval times, courts relied on tests by oath, ordeal, and sometimes by combat. Here, Haack provides a brief historical background to the use of scientific experts in law and then proceeds to discuss in greater detail the values underlying scientific inquiry, the uncertainty in the quest of knowledge and understanding, and the methods by which consensus is reached, even if that consensus is always tentative. She then contrasts scientific inquiry with the law's quest for "truth" in the courtroom and, particularly, the normative and temporal …
Practice Style And Successful Legal Mobilization, Anne Bloom
Practice Style And Successful Legal Mobilization, Anne Bloom
Law and Contemporary Problems
Bloom talks about the making of a great cause lawyer. Perhaps not surprisingly, dedication, strong political ties, and superb legal skills all play a role in the making of a great cause lawyer, but so does a somewhat less obvious quality, which Marc Galanter described several years ago as practice "style." However, in these case studies, it suggests that the making of a great cause lawyer depends, in part, on practice style. Put differently, how a lawyer approaches legal practice seems to matter for purposes of legal mobilization. In these cases, cause lawyers were more effective at using the law …
Jail Strip-Search Cases: Patterns And Participants, Margo Schlanger
Jail Strip-Search Cases: Patterns And Participants, Margo Schlanger
Law and Contemporary Problems
Schlanger talks about jail strip-search cases and its participants. Among the interesting features of these cases is that many different kinds of lawyers work on them. Plaintiffs' lawyers include employees of public-interest organizations; large law firm lawyers, often working pro bono, with a cooperating relationship with such a public-interest organization; lawyers with a private prisoners' rights or police-misconduct practice; and lawyers with a more varied or general class-action practice. This is somewhat unusual; the litigation bar has, by all accounts, grown increasingly specialized over the past several generations.
A Holistic Vision Of The Socio-Legal Terrain, Brian Z. Tamanaha
A Holistic Vision Of The Socio-Legal Terrain, Brian Z. Tamanaha
Law and Contemporary Problems
Tamanaha discusses Marc Galanter's holistic vision of the socio-legal terrain. Galanter's socio-legal vision has two central overlapping foci, and he always keeps an eye on each and on their interaction. The first focus is the official state legal system, which he examines from every conceivable angle: who becomes lawyers, how are they trained, how many lawyers are there, what are the circumstances of their work environment, who pays for their services. Galanter also focuses on what they are not doing (intentionally or otherwise), inquiring into the implications and consequences of their inaction. These inquiries extend from the official legal system …
On The Prospect Of “Daubertizing” Judicial Review Of Risk Assessment, Thomas O. Mcgarity
On The Prospect Of “Daubertizing” Judicial Review Of Risk Assessment, Thomas O. Mcgarity
Law and Contemporary Problems
Lawyers for companies subject to federal health, safety and environmental regulation hope that stringent substantive judicial review will relieve their clients of the burdens of much regulation without the need for troublesome legislative battles they seem unable to win. McGarity argues that assigning a Daubert-like (Daubert v. Merrell Dow Pharmaceuticals Inc) gatekeeper role to courts engaged in judicial review of agency risk assessments is a profoundly bad idea.
“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel
“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel
Law and Contemporary Problems
Matthew Hale is a white supremacist who likes to attract media attention. He set himself up as the leader of a racist "church" called the World Church of the Creator and immediately went about attempting to put an articulate, polite face on the organization. Hale's application to become a licensed attorney in Illinois, his subsequent denial and the litigation that followed are discussed.
Recapturing The Spirit Of Furman: The American Bar Association And The New Abolitionist Politics, Austin Sarat
Recapturing The Spirit Of Furman: The American Bar Association And The New Abolitionist Politics, Austin Sarat
Law and Contemporary Problems
Sarat locates the American Bar Association's call for a moratorium on executions in the context of modern abolitionist politics. New abolitionism links anti-death penalty work with a broader civil rights agenda.
High-Level, “Tenured” Lawyers, Thomas W. Merrill
High-Level, “Tenured” Lawyers, Thomas W. Merrill
Law and Contemporary Problems
Civil service lawyers have rights similar to tenured professors and are utilized to identify and evaluate the most plausible justifications for using tenured lawyers to perform high-level tasks within the executive branch.
The President As Client And The Ethics Of The President’S Lawyers, Nelson Lund
The President As Client And The Ethics Of The President’S Lawyers, Nelson Lund
Law and Contemporary Problems
The ethics and control of politically appointed lawyers are discussed.
The Internal Relations Of Government: Cautionary Tales From Inside The Black Box, Peter L. Strauss
The Internal Relations Of Government: Cautionary Tales From Inside The Black Box, Peter L. Strauss
Law and Contemporary Problems
Strauss attempts to explore some of the problems evinced by difficult government attorneys' relations in dealing with other government agenicies.
Lawyers In Congress, John C. Yoo
Lawyers In Congress, John C. Yoo
Law and Contemporary Problems
The role of congressional lawyers is discussed.
The Senate And House Counsel Offices: Dilemmas Of Representing In Court The Institutional Congressional Client, Charles Tiefer
The Senate And House Counsel Offices: Dilemmas Of Representing In Court The Institutional Congressional Client, Charles Tiefer
Law and Contemporary Problems
Two clusters of issues regarding institutional representation of Congress are examined.
The Role Of The Attorney-Adviser In The U.S. Department Of State: Institutional Arrangements And Structural Imperatives, Michael K. Young
The Role Of The Attorney-Adviser In The U.S. Department Of State: Institutional Arrangements And Structural Imperatives, Michael K. Young
Law and Contemporary Problems
Young provides information about the structural and institutional imperatives that constrain and shape the work of the Attorney-adviser and offers some rudimentary thoughts about what is needed to understand it better.
Lawyers In Agencies: Economics, Social Psychology, And Process, Jonathan R. Macey
Lawyers In Agencies: Economics, Social Psychology, And Process, Jonathan R. Macey
Law and Contemporary Problems
Macey explains the nature of the costs and benefits associated with involving lawyers in the administrative processes of government agencies.
Department Of Justice Litigation: Externalizing Costs And Searching For Subsidies, Nicholas S. Zeppos
Department Of Justice Litigation: Externalizing Costs And Searching For Subsidies, Nicholas S. Zeppos
Law and Contemporary Problems
The ignored questions of Department of Justice compensation, recruitment, and staffing are considered.
The Ethics Of Representing Elected Representatives, Kathleen Clark
The Ethics Of Representing Elected Representatives, Kathleen Clark
Law and Contemporary Problems
Clark attempts to sketch out the work of several different types of legislative lawyers. He suggests that the role of lawyers who work for individual legislators may be similar to that of Executive Branch lawyers.
Foreword, Neal Devins
Foreword, Neal Devins
Law and Contemporary Problems
Devins discusses his own experiences with government lawyers and the contextualization that seems to dominate their experiences and work.
Hell, Handbaskets, And Government Lawyers: The Duty Of Loyalty And Its Limits, Michael Stokes Paulsen
Hell, Handbaskets, And Government Lawyers: The Duty Of Loyalty And Its Limits, Michael Stokes Paulsen
Law and Contemporary Problems
Paulsen provides an autobiographical and a conjectural account of cases of personal and professional dilemmas of government lawyers.
The Solicitor General And The Interests Of The United States, David A. Strauss
The Solicitor General And The Interests Of The United States, David A. Strauss
Law and Contemporary Problems
Strauss examines the institutional and administration approach to the issue of the Solicitor General's involvement in legal questions not directly involving the federal government.
Creating Law At The Securities And Exchange Commission: The Lawyer As Prosecutor, Roberta S. Karmel
Creating Law At The Securities And Exchange Commission: The Lawyer As Prosecutor, Roberta S. Karmel
Law and Contemporary Problems
Karmel discusses the role of the SEC prosecutor in the context of the ethical obligations of a government lawyer when expanding the SEC's authority through the development of new legal theories.
“For The United States”: Government Lawyers In Court, Patricia M. Wald
“For The United States”: Government Lawyers In Court, Patricia M. Wald
Law and Contemporary Problems
Wald provides a largely impressionistic view of governmental layering in court.
Lawyers And Policymakers In Government, Peter H. Schuck
Lawyers And Policymakers In Government, Peter H. Schuck
Law and Contemporary Problems
Schuck discusses the conflicts in policymaking that occurred between the office of the ASPE (Assistant Secretary for Planning and Evaluation) and the Secretary of the Department of Health, Education, and Welfare, Joseph A. Califano. Califano believed that only lawyers were fit policymakers and everyone else was a mere technician.
United States Attorneys — Whom Shall They Serve?, H. W. Perry Jr.
United States Attorneys — Whom Shall They Serve?, H. W. Perry Jr.
Law and Contemporary Problems
Perry examines the fidelity of US Attorneys in a new light and provides a way to consider them more broadly.
Reallocating Interpretive Criminal-Lawmaking Power Within The Executive Branch, Dan M. Kahan
Reallocating Interpretive Criminal-Lawmaking Power Within The Executive Branch, Dan M. Kahan
Law and Contemporary Problems
A strategy for regaining control of federal criminal law, the reallocation of interpretive criminal law-making power within the Executive Branch, is discussed.
The Role Of Government Attorneys In Regulatory Agency Rulemaking, Thomas O. Mcgarity
The Role Of Government Attorneys In Regulatory Agency Rulemaking, Thomas O. Mcgarity
Law and Contemporary Problems
The many roles that agency lawyers can play in the internal processes of developing proposed rules and responding to public comments on those rules are discussed.
Independent Counsel And Vigorous Investigation And Prosecution, William Michael Treanor
Independent Counsel And Vigorous Investigation And Prosecution, William Michael Treanor
Law and Contemporary Problems
Two completed investigations into allegations of presidential wrongdoing, Watergate and Iran-Contra, are examined and the offices of Independent Counselor and Special Prosecutor are discussed.
The Secret Life Of The Private Attorney General, Jeremy A. Rabkin
The Secret Life Of The Private Attorney General, Jeremy A. Rabkin
Law and Contemporary Problems
The role of the private attorney general is discussed along with the history of the office.