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Articles 1 - 30 of 39
Full-Text Articles in Law
Creating Hammer V. Dagenhart, Logan E. Sawyer Iii
Creating Hammer V. Dagenhart, Logan E. Sawyer Iii
William & Mary Bill of Rights Journal
No abstract provided.
Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak
Tough Love: The Law School That Required Its Students To Learn Good Grammar, Ann Nowak
Touro Law Review
No abstract provided.
The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers
The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers
Touro Law Review
No abstract provided.
Choice Of A Profession, John T. Noonan Jr.
Choice Of A Profession, John T. Noonan Jr.
Pepperdine Law Review
No abstract provided.
"Your Honor What I Meant To State Was . . .": A Comparative Analysis Of The Judicial And Evidentiary Admission Doctrines As Applied To Counsel Statements In Pleadings, Open Court, And Memoranda Of Law, Ediberto Roman
Pepperdine Law Review
No abstract provided.
Remarks For California Women Lawyers, Ruth Bader Ginsburg
Remarks For California Women Lawyers, Ruth Bader Ginsburg
Pepperdine Law Review
No abstract provided.
Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts, Adam J. Myers Iii
Misapplication Of The Attorney Malpractice Paradigm To Litigation Services: "Suit Within A Suit" Shortcomings Compel Witness Immunity For Experts, Adam J. Myers Iii
Pepperdine Law Review
No abstract provided.
Cascading Constitutional Deprivation: The Right To Appointed Counsel For Mandatorily Detained Immigrants Pending Removal Proceedings, Mark Noferi
Michigan Journal of Race and Law
Today, an immigrant green card holder mandatorily detained pending his removal proceedings, without bail and without counsel, due to a minor crime committed perhaps long ago, faces a dire fate. If he contests his case, he may remain incarcerated in substandard conditions for months or years. While incarcerated, he will likely be unable to acquire a lawyer, access family who might assist him, obtain key evidence, or contact witnesses. In these circumstances, he will nearly inevitably lose his deportation case and be banished abroad from work, family, and friends. The immigrant's one chance to escape these cascading events is the …
The Crisis In Legal Education: Dabbling In Disaster Planning, Kyle P. Mcentee, Patrick J. Lynch, Derek M. Tokaz
The Crisis In Legal Education: Dabbling In Disaster Planning, Kyle P. Mcentee, Patrick J. Lynch, Derek M. Tokaz
University of Michigan Journal of Law Reform
The legal education crisis has already struck for many recent law school graduates, signaling potential disaster for law schools already struggling with their own economic challenges. Law schools have high fixed costs caused by competition between schools, the unchecked expansion of federal loan programs, a widely exploited information asymmetry about graduate employment outcomes, and a lack of financial discipline masquerading as innovation. As a result, tuition is up, jobs are down, and skepticism of the value of a J.D. has never been higher. If these trends do not reverse course, droves of students will continue to graduate with debt that …
The Crisis Of The American Law School, Paul Campos
The Crisis Of The American Law School, Paul Campos
University of Michigan Journal of Law Reform
The economist Herbert Stein once remarked that if something cannot go on forever, it will stop. Over the past four decades, the cost of legal education in America has seemed to belie this aphorism: it has gone up relentlessly. Private law school tuition increased by a factor of four in real, inflation-adjusted terms between 1971 and 2011, while resident tuition at public law schools has nearly quadrupled in real terms over just the past two decades. Meanwhile, for more than thirty years, the percentage of the American economy devoted to legal services has been shrinking. In 1978 the legal sector …
The Adea, Your Partner, And You
The Adea, Your Partner, And You
Marquette Elder's Advisor
The Age Discrimination in Employment Act (ADEA) applies to lawyers and law firms, and older lawyers may have a cause for action after termination. This column highlights the pitfalls a law firm faces in terminating older lawyers, or lawyers who are physically or mentally impaired.
The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin
Pepperdine Law Review
No abstract provided.
Continuing The White-Collar Unionization Movement: Imagining A Private Attorneys’ Union, Kimberly Y. Chin
Continuing The White-Collar Unionization Movement: Imagining A Private Attorneys’ Union, Kimberly Y. Chin
Pace Law Review
Given the still-rebounding legal market and the secrecy that characterized the employment decisions at many of the nation’s top law firms during the height of attorney layoffs, this Article imagines the formation of private attorney labor unions as a possible solution. Part I briefly discusses the National Labor Relations Act of 1935, the primary piece of legislation that governs employees’ right to organize and collectively bargain, focusing primarily on who is covered with particular attention placed on the inclusion of professional employees. Part II introduces an understanding of white-collar professionals as a distinct economic class, highlighting specifically its similarities and …
Fiduciary Duties And Exculpatory Clauses: Clash Of The Titans Or Cozy Bedfellows, Louise Lark Hill
Fiduciary Duties And Exculpatory Clauses: Clash Of The Titans Or Cozy Bedfellows, Louise Lark Hill
University of Michigan Journal of Law Reform
Centuries ago, when land represented the majority of wealth, the trust was used primarily for holding and transferring real property. As the dominant form of wealth moved away from family land, the trust evolved into a device for managing financial assets. With this transformation came the use of exculpatory clauses by both amateur and professional trustees, providing an avenue for these fiduciaries to escape liability for designated acts. With the use of exculpatory provisions, discussion abounded about whether fiduciary duties were mandatory or subject to modification. The latter view eventually prevailed, with the majority of jurisdictions viewing fiduciary duties as …
Reform That Understands Our Seniors: How Interdisciplinary Services Can Help Solve The Capacity Riddle In Elder Law, Thomas Richard Stasi
Reform That Understands Our Seniors: How Interdisciplinary Services Can Help Solve The Capacity Riddle In Elder Law, Thomas Richard Stasi
University of Michigan Journal of Law Reform
This Note suggests an interdisciplinary approach to assist in determinations of legal capacity. It also urges an amendment to the Model Rules and current law firm business models, so attorneys can better approach capacity challenges. While this Note does not presume to resolve the problems faced by capacity determinations, the purpose is to offer functional alternatives to the current working models. Part I reviews the Model Rules' treatment of capacity issues, detailing attorneys' conflicting ethical duties and the ambiguous methodology for capacity evaluations. Part II examines the customary processes that attorneys presently follow for seeking diagnostic evaluations and highlights their …
Agency And Equity: Why Do We Blame Clients For Their Lawyers' Mistakes, Adam Liptak
Agency And Equity: Why Do We Blame Clients For Their Lawyers' Mistakes, Adam Liptak
Michigan Law Review
If you were to ask a child whether it would be fair to execute a prisoner because his lawyer had made a mistake, the answer would be no. You might even get a look suggesting that you had asked a pretty stupid question. But judges treat the issue as a hard one, relying on a theory as casually accepted in criminal justice as it is offensive to principles of moral philosophy. This theory holds that the lawyer is the client's agent. What the agent does binds the principal. But clients and lawyers fit the agency model imperfectly. Agency law is …
A Rejoinder To Lester Brickman: On The Theory Class's Theories Of Asbestos Litigation, Charles Silver
A Rejoinder To Lester Brickman: On The Theory Class's Theories Of Asbestos Litigation, Charles Silver
Pepperdine Law Review
No abstract provided.
Christian Service In The Practice Of Law, Kenneth W. Starr
Christian Service In The Practice Of Law, Kenneth W. Starr
Pepperdine Law Review
No abstract provided.
A Larger Calling Still, Lee Hardy
Introduction: Can The Ordinary Practice Of Law Be A Religious Calling?, Robert F. Cochran Jr
Introduction: Can The Ordinary Practice Of Law Be A Religious Calling?, Robert F. Cochran Jr
Pepperdine Law Review
No abstract provided.
Collaborative Lawyering: A Closer Look At An Emerging Practice, William H. Schwab
Collaborative Lawyering: A Closer Look At An Emerging Practice, William H. Schwab
Pepperdine Dispute Resolution Law Journal
A critical analysis of collaborative law (CL) is only now beginning, and should be based on actual, not hypothetical information about the practice and its impact on clients as courts, the bar, and the public begin to digest the idea of CL. This Article intends to present a more comprehensive picture of collaborative practice than is currently available, to better inform the ongoing conversation about what role CL will play in the legal system. Toward that end, the following sketches some basic questions about CL, and provides some preliminary answers. Part I recounts the origin of CL and introduces the …
Collaborative Family Law, Pauline H. Tesler
Collaborative Family Law, Pauline H. Tesler
Pepperdine Dispute Resolution Law Journal
Collaborative Law appears to meet significant needs both among family law clients and among the lawyers who assist them through divorce. As will be discussed more fully below, clients appear to want the advantages of a contained, settlement-oriented, creative, private, respectful process without sacrificing the benefits of having a committed legal advocate at their sides. For that reason Collaborative Law appeals to clients who may hesitate to commit to a dispute resolution process facilitated solely by a neutral mediator. And, while many family lawyers suffer considerable professional angst as a consequence of their awareness that family law courts are neither …
The Narrative Approach To Mediation, Toran Hansen
The Narrative Approach To Mediation, Toran Hansen
Pepperdine Dispute Resolution Law Journal
Narrative Mediation is an approach and methodology that can offer mediators an innovative way to handle conflict intervention. It is important to note that "it is not a model that can be ransacked for techniques without damaging the intent and process it requires.. .because the foundational view is vastly different [from other approaches]." It may, however, particularly appeal to mediators with a postmodernist theoretical bent who prefer to work with the accounts of parties in conflict rather than attempting to get at "the truth" because they recognize that any truth brings with it implicit bias. The explicit role of mediator …
Facillitative Mediation: The Classic Approach Retains Its Appeal, Carole J. Brown
Facillitative Mediation: The Classic Approach Retains Its Appeal, Carole J. Brown
Pepperdine Dispute Resolution Law Journal
In this additional step in the civil litigation process in Ontario, the mediator is assigned a primarily "facilitative" role. This paper advances the position that mandatory mediation in Ontario was not designed as a process where a third party would offer an evaluation of the legal merits of a dispute. Instead, the goals of mandatory mediation are best achieved, and the parties know what to expect, when a mediator takes on the role of a neutral third party who facilitates communication, and takes an interest-based approach to problem-solving. This paper further posits that the mandatory mediation process, which requires the …
Defining The Ethical Limits Of Acceptable Deception In Mediation, John W. Cooley
Defining The Ethical Limits Of Acceptable Deception In Mediation, John W. Cooley
Pepperdine Dispute Resolution Law Journal
In a recent law review article I authored for the Loyola University of Chicago Law Review, Mediation Magic: Its Use and Abuse, I addressed the perplexing problem of the current lack of ethical guidance available to mediators and mediation advocates on the question of permissible uses of deception in mediation generally and in caucused mediation, in particular. This article is a sequel to that publication, offering the reader a condensation of some of the ideas contained in that article and some additional thoughts on criteria that might be appropriate to consider when designing a truthfulness standard for mediation.
The Neutral As Lie Detector: You Can't Judge Participants By Their Demeanor, Bruce Fraser
The Neutral As Lie Detector: You Can't Judge Participants By Their Demeanor, Bruce Fraser
Pepperdine Dispute Resolution Law Journal
As mediators we are often faced with sharply conflicting stories. One of the advantages of mediation is that we sometimes can solve the underlying problem without determining who did what, to whom, and when. Indeed, experience has shown that mediation is not a good process for finding the truth because it has none of the tools (such as testimony under oath) used for this purpose in the judicial system. Still, mediators often spend a good deal of time and effort trying to determine who is telling the truth.
The Truth About Deception In Mediation, Jeffrey Krivis
The Truth About Deception In Mediation, Jeffrey Krivis
Pepperdine Dispute Resolution Law Journal
Now that the court system has institutionalized the use of mediation in virtually all civil proceedings, trial lawyers are paying closer attention to their negotiation skills. While those skills involve less structured behavior than presenting a case to a jury, they nonetheless involve one common strategy that even the most skilled practitioners refuse to acknowledge: deception.
Getting To The Heart Of The Matter - Taking Risks That Honor Yourself And Your Work, Linda E. Meyer
Getting To The Heart Of The Matter - Taking Risks That Honor Yourself And Your Work, Linda E. Meyer
Pepperdine Dispute Resolution Law Journal
I am here to talk to you about what got you into this profession in the first place. And that was a feeling. A feeling that is very hard to articulate, except maybe to yourself. It was a sense that there was something here for you that was new, that was different, that was amazing, and that you could actually be part of a process where things happened and changed. You could be respected. You could be honored. You could feel that you had actually done something that made a difference. I want to tell you that is why I …
Lawyers, Faith, And Peacemaking: Jewish Perspectives Of Peace, Rabbi Yitzchok Adlerstein
Lawyers, Faith, And Peacemaking: Jewish Perspectives Of Peace, Rabbi Yitzchok Adlerstein
Pepperdine Dispute Resolution Law Journal
We can only consider the role of peacemaking in Jewish law after examining the meaning and place of peace. Accuracy prevents me from opening with some platitude about how peace occupies a central, pivotal position in Jewish thought. It doesn't. Peace and peacemaking have a curious habit of not turning up in the middle of things, but all the way at the end. There are too many instances of this to be coincidental. There are nineteen blessings in the Amidah, the central (indeed!) prayer that Jews recite three times a day, every weekday of their lives. The very last …
The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
The Negotiator-As-Professional: Understanding The Competing Interests Of A Representative Negotiator, Trevor C. W. Farrow
Pepperdine Dispute Resolution Law Journal
This article is about lawyers as negotiators, and in particular, it is about identifying and understanding the influential and potentially competing interests that are - or at least should be - in the minds of lawyers (and potentially other third party representatives) during the overall negotiation process. While there continues to be an increasing amount of literature on the mechanics and strategies of negotiation, the underlying interests that are typically at stake in representative negotiations from the perspective of representatives - particularly negotiations involving lawyers - have not been adequately studied. And until all interests are identified and placed squarely …