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Full-Text Articles in Law

Notions Of Fairness And Contingent Fees , Eyal Zamir, Ilana Ritov Apr 2011

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 Oct 2010

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 Jan 2010

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 The disclosure regime was repealed less than one year later, largely through the remarkably effective efforts of one person--Raymond Pitcairn, a wealthy lawyer.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 Jan 2009

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 Apr 2008

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 Apr 2008

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 Apr 2008

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 Oct 2003

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 Apr 2002

“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 Oct 1998

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 Apr 1998

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 Apr 1998

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 Apr 1998

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 Apr 1998

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 Apr 1998

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 Apr 1998

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 Apr 1998

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 Apr 1998

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 Apr 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

“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 Jan 1998

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. Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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 Jan 1998

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.