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Articles 1 - 30 of 99
Full-Text Articles in Law
Lawyer, Form Thyself: Professional Identity Formation Strategies In Legal Education, Professional Responsibility, And Experiential Courses, Susan S. Daicoff
Lawyer, Form Thyself: Professional Identity Formation Strategies In Legal Education, Professional Responsibility, And Experiential Courses, Susan S. Daicoff
Susan Daicoff
Professional identity formation as a learning objective in law school may appear to be nontraditional and perhaps even innovative. While perhaps not a new concept, it is not typically an explicit goal of legal education. Empirical data finds that law school has demonstrable effects upon law students’ professional development; it also finds that certain nontraditional skills and competencies (or “soft skills”) make lawyers most effective. This article argues for explicit planning for and inclusion of professional identity development, including training in these nontraditional skills, in legal education. Professional identity encompasses one’s values, preferences, passions, intrinsic satisfactions, emotional intelligence, as well …
Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente
Popular Culture's Portrayal Of Attorney Decision-Making And It's Consequences- An Analysis Of An Attorney's Internal Ethical Conflict In Film, Tara M. Parente
Tara M. Parente
This paper explores how popular culture portrays attorney decision-making and its consequences. This paper compares and contrasts two films in order to exemplify how attorneys are portrayed throughout film and how this carries over into real life. Attorneys are faced with ethical dilemmas at all times, especially throughout career advancement and the decisions made tend to affect every aspect of an attorney's life.
The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles
The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles
Annelise Riles
No abstract provided.
Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana
Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana
Aziz Rana
No abstract provided.
How Lawyers' Intuitions Prolong Litigation, Andrew J. Wistrich, Jeffrey J. Rachlinski
How Lawyers' Intuitions Prolong Litigation, Andrew J. Wistrich, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
Most lawsuits settle, but some settle later than they should. Too many compromises occur only after protracted discovery and expensive motion practice. Sometimes the delay precludes settlement altogether. Why does this happen? Several possibilities—such as the alleged greed of lawyers paid on an hourly basis—have been suggested, but they are insufficient to explain why so many cases do not settle until the eve of trial. We offer a novel account of the phenomenon of settling on the courthouse steps that is based upon empirical research concerning judgment and choice. Several cognitive illusions—the framing effect, the confirmation bias, nonconsequentialist reasoning, and …
The Torture Lawyers, Jens David Ohlin
The Torture Lawyers, Jens David Ohlin
Jens David Ohlin
One of the longest shadows cast by the Bush Administration’s War on Terror involves the fate of the torture lawyers who authored or signed memoranda regarding torture or enhanced interrogation techniques against detainees. Should they face professional sanction or even prosecution for their involvement? The following Article suggests that their fate implicates some of the deepest questions of criminal law theory and that resolution of the debate requires a fundamental reorientation of the most important areas of justifications and excuses. First, the debate about torture has been overly focused on justifications for torture. This can be explained in part by …
Valuing The Waiver: The Real Beauty Of Ex Ante Over Ex Post, Robert C. Hockett
Valuing The Waiver: The Real Beauty Of Ex Ante Over Ex Post, Robert C. Hockett
Robert C. Hockett
Irony abounds in connection with demands and proposals made, in the wake of the Enron, Worldcom, and other corporate scandals, that firms be required or encouraged to waive attorney-client privilege. Justice Department officials speak to the importance of "getting at the truth" as trumping firms' interest in confidential internal communications as a prerequisite to compliance with law. They do so notwithstanding their own contrary arguments made on behalf of the secretive Bush administration that employs them. Corporate officers, for their part, speak as though Ralph Nader were the Attorney General when they denounce waiver proposals. They do so notwithstanding the …
Keeping Faith: Government Ethics & Government Ethics Regulation, Cynthia R. Farina
Keeping Faith: Government Ethics & Government Ethics Regulation, Cynthia R. Farina
Cynthia R. Farina
No abstract provided.
Cleaning House: Congressional Commissioners For Standards, Josh Chafetz
Cleaning House: Congressional Commissioners For Standards, Josh Chafetz
Josh Chafetz
Given the profusion of congressional ethics scandals over the past two years, it is unsurprising that the new Democratic majority in the 110th Congress has made ethics reform a priority. But although both the House and the Senate have tightened their substantive rules, the way the rules are enforced has received almost no attention at all. This Comment argues that ethics enforcement should remain within the houses of Congress themselves. Taking enforcement power away from the houses is constitutionally questionable (under the Speech or Debate Clause), structurally unwise (given general concerns about separation of powers), and institutionally problematic (as it …
Curing Congress’S Ills: Criminal Law As The Wrong Paradigm For Congressional Ethics, Josh Chafetz
Curing Congress’S Ills: Criminal Law As The Wrong Paradigm For Congressional Ethics, Josh Chafetz
Josh Chafetz
No abstract provided.
Plea Bargaining And The Right To The Effective Assistance Of Counsel: Where The Rubber Hits The Road In Capital Cases, John H. Blume
Plea Bargaining And The Right To The Effective Assistance Of Counsel: Where The Rubber Hits The Road In Capital Cases, John H. Blume
John H. Blume
No abstract provided.
Measuring The Value Of Collegiality Among Law Professors, Michael Seigel, Kathi Miner-Rubino
Measuring The Value Of Collegiality Among Law Professors, Michael Seigel, Kathi Miner-Rubino
Michael L Seigel
This article is the last in a trilogy addressing the issue of collegiality among law In the first piece, titled On Collegiality, author Seigel defined professors' "collegiality" and suggested that most law schools have at least one, if not two or three, "affirmatively uncollegial" members of their faculty. Seigel posited that these individuals tend to interfere with the ideal functioning of their institutions by negatively affecting the well-being of their peers. Some readers of On Collegiality questioned the legitimacy of Seigel's cost-benefit analysis. Specifically, they commented that some of the factors Seigel used in his analysis could be empirically measured. …
On Collegiality, Michael L. Seigel
On Collegiality, Michael L. Seigel
Michael L Seigel
The problem of collegiality in academia is like a crazy aunt in the family: ever present, whispered about in hallways, but rarely acknowledged directly. My goal in this article has been to initiate the demise of this pattern of unhappy toleration. The toleration stems, in large part, from an apparently widespread fear that attempts to control colleagues' uncollegial conduct will result in an unacceptable diminution of academic freedom. Although these concerns are legitimate, I have sought to prove that, if appropriate care is taken, academic freedom may flourish at the same time that a norm of basic collegiality is enforced. …
Some Preliminary Statistical, Qualitative, And Anecdotal Findings Of An Empirical Study Of Collegiality Among Law Professors, Michael L. Seigel, Kathi Minor-Rubino
Some Preliminary Statistical, Qualitative, And Anecdotal Findings Of An Empirical Study Of Collegiality Among Law Professors, Michael L. Seigel, Kathi Minor-Rubino
Michael L Seigel
In advance of a sophisticated analysis of the survey data, one must be very careful in drawing any overall conclusions about the state of collegiality and workplace well-being in legal academia. Certainly, no correlative assertions can be made. Nevertheless, this preliminary review has revealed some noteworthy information. Certainly, law faculties are far from perfectly collegial associations, and many if not most law professors have a gripe of one sort or another. Despite these facts, however, the overwhelming majority of faculty members appear to be happy with their choice of career. The qualitative data also leaves one with the impression that, …
Prying, Spying, And Lying: Intrusive Newsgathering And What The Law Should Do About It, Lyrissa Barnett Lidsky
Prying, Spying, And Lying: Intrusive Newsgathering And What The Law Should Do About It, Lyrissa Barnett Lidsky
Lyrissa Barnett Lidsky
The media's use of intrusive newsgathering techniques poses an increasing threat to individual privacy. Courts currently resolve the overwhelming majority of conflicts in favor of the media. This is not because the First Amendment bars the imposition of tort liability on the media for its newsgathering practices. It does not. Rather, tort law has failed to seize the opportunity to create meaninful privacy protection. After surveying the economic, philosophical, and practical obstacles to reform, this Article proposes to rejuvenate the tort of intrusion to tip the balance between privacy and the press back in privacy's direction. Working within the framework …
Medium-Specific Regulation Of Attorney Advertising: A Critique, Lyrissa Barnett Lidsky, Tera Jckowski Peterson
Medium-Specific Regulation Of Attorney Advertising: A Critique, Lyrissa Barnett Lidsky, Tera Jckowski Peterson
Lyrissa Barnett Lidsky
In 2006, the Florida Supreme Court added a "licensing" scheme for attorney advertising on television or radio to its existing panoply of attorney advertising regulations. The new rule imposes a prior restraint on all radio and television ads by Florida attorneys: every ad must run the gauntlet of the Bar's censors prior to airing, and the ad may not air unless its content meets with the approval of the censors. Not content with its foray into regulating the broadcast medium, the Florida Supreme Court is now poised to add a rule that will regulate attorney speech on the Internet much …
Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, James Coleman, Angela Davis, Michael Gerhardt, K. Johnson, Lyrissa Lidsky, Howard Wasserman
Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, James Coleman, Angela Davis, Michael Gerhardt, K. Johnson, Lyrissa Lidsky, Howard Wasserman
Lyrissa Barnett Lidsky
This panel took place at the 2008 Annual Meeting of the Southeastern Association of Law Schools (SEALS) in July 2008 in West Palm Beach, Florida. The transcript has been edited for grammar, punctuation and writing style, as well as for limited content changes.
Intrusion And The Investigative Reporter, Lyrissa Barnett Lidsky
Intrusion And The Investigative Reporter, Lyrissa Barnett Lidsky
Lyrissa Barnett Lidsky
In an award-winning series of Houston Chronicle articles, reporter Nancy Stancill uncovered shocking conditions in Texas nursing homes. 7 However, reforms were not implemented until 20/20, following Stancill's lead, conducted a three-month, undercover investigation of the treatment of elderly residents at Texas state and private nursing home facilities. By employing subterfuge to gather news, the 20/20 reporters enhanced the immediacy and credibility of the resulting story. As one journalist argued, "[Jiust describing the conditions wouldn't have cut it. They had to be seen." Using the 20/20 case as a paradigm, this Note argues that, in order to distinguish protected newsgathering …
Making Civility Democratic, Amy R. Mashburn
Making Civility Democratic, Amy R. Mashburn
Amy R. Mashburn
Historically, the concept of civility has been bound up with undemocratic notions of hierarchy and deference. Using insights from studies of civility by social psychologists, linguists, sociologists, historians, and political theorists, this article advances the theory that the legal profession’s self-consciously isolating professionalism ideology allows judges and disciplinary tribunals to apply deference-based notions of civility in their decisions to sanction lawyers. This theory would predict that the lawyers most likely to be sanctioned for incivility and rudeness are those from whom society expects the most deference. To test this theory, the author conducted an empirical study of every available case …
Annual Saltman Lecture: Further Beyond Reason: Emotions, The Core Concerns, And Mindfulness In Negotiation, Leonard L. Riskin
Annual Saltman Lecture: Further Beyond Reason: Emotions, The Core Concerns, And Mindfulness In Negotiation, Leonard L. Riskin
Leonard L Riskin
This article focuses on one particularly common problem: Sometimes people who understand the Core Concerns System, know how to use it, and intend to employ it in a particular negotiation, either fail to do so or fail to do so skillfully; when they review the negotiation, they regret not having used the Core Concerns System, and believe that using it would have produced a better process and outcome. When this occurs, it often results from deficits or faults in the negotiator's awareness. It follows that a negotiator can enhance his ability to employ the Core Concerns System through improving his …
Admitting Foreign-Trained Lawyers In States Other Than New York: Why It Matters, Laurel S. Terry
Admitting Foreign-Trained Lawyers In States Other Than New York: Why It Matters, Laurel S. Terry
Laurel S. Terry
Faculty Ethics In Law School: Shirking, Capture, And "The Matrix", Jeffrey L. Harrison
Faculty Ethics In Law School: Shirking, Capture, And "The Matrix", Jeffrey L. Harrison
Jeffrey L Harrison
The primary focus of this essay is the ethical dimension of the decisions faculty governance requires law professors to make. This essay is devoted to the proposition that conditions are ideal for most law schools to be governed for the benefit of the faculty at the expense of the welfare of students and others (stakeholders) who expect to be served by the law school. This section also suggests that faculty shirking, if it occurs, stems primarily from a lack of respect for those whom the law school serves. Section II addresses the second step. Having described shirking and capture in …
Race, Identity, And Professional Responsibility: Why Legal Services Organizations Need African American Staff Attorneys, Shani M. King
Race, Identity, And Professional Responsibility: Why Legal Services Organizations Need African American Staff Attorneys, Shani M. King
Shani M. King
Given the fundamental importance of the attorney-client relationship in securing favorable outcomes for clients, legal services organizations that serve large populations of African Americans should employ African American staff attorneys because: (1) African American lawyers and clients share a group identity that makes it more likely that a black attorney will be able to gain a black client's trust; (2) black attorneys communicate more effectively with black clients; and (3) the perception of a judicial system that is unfair and racist is likely to encourage black clients to trust black lawyers more than white lawyers, who are more likely to …
Religious Freedom & Closely Held Corporations: The Hobby Lobby Case & Its Ethical Implications, Corey A. Ciocchetti
Religious Freedom & Closely Held Corporations: The Hobby Lobby Case & Its Ethical Implications, Corey A. Ciocchetti
Corey A Ciocchetti
Hobby Lobby and its quest for religious freedom captured the attention of a nation for a few moments in late June 2014. The country homed in on the Supreme Court as the justices weighed the rights of an incorporated, profit-making entity run by devout individuals that objected to particular entitlements granted to women under the Affordable Care Act. The case raised important legal issues such as whether the law allows for-profit corporations to exercise religion (yes!) and whether protection for religious freedom trumps the rights of third parties to cost free preventive care (sort of!). The Supreme Court’s decision also …
It's A 'Criming Shame': Moving From Land Use Ethics To Criminalization Of Behavior Leading To Permits And Other Zoning Related Acts, Patricia E. Salkin, Bailey Ince
It's A 'Criming Shame': Moving From Land Use Ethics To Criminalization Of Behavior Leading To Permits And Other Zoning Related Acts, Patricia E. Salkin, Bailey Ince
Patricia E. Salkin
In the past, land use ethics inquiries predominately involved conflicts of interest or an official holding public office while engaging in a previously held business or law practice. Now, prosecutors are looking at the underlying criminality of the unethical acts carried out in the context of land use decisions. With a wide array of criminal statutes in the hands of federal prosecutors, almost all forms of unethical conduct could in some way also violate a federal criminal statute.Part II of this article reviews the federal statutes most often used by federal prosecutors and provides some examples of recent reported cases …
Representational Competence: Defining The Limits Of The Right To Self-Representation At Trial, E. Lea Johnston
Representational Competence: Defining The Limits Of The Right To Self-Representation At Trial, E. Lea Johnston
E. Lea Johnston
In 2008, the Supreme Court held that the Sixth Amendment permits a trial court to impose a higher competence standard for self-representation than to stand trial. The Court declined to delineate a permissible representational competence standard but indicated that findings of incompetence based on a lack of decisionmaking ability would withstand constitutional scrutiny. To date, no court or commentator has suggested a comprehensive competence standard to address the particular decisional context of self-representation at trial. Conceptualizing self-representation as an exercise in problem solving, this Article draws upon social problem-solving theory to identify abilities necessary for autonomous decisionmaking. The Article develops …
Reconceptualizing The Judicial Activism Debate As Judicial Responsibility: A Tale Of Two Justice Kennedys, Eric J. Segall
Reconceptualizing The Judicial Activism Debate As Judicial Responsibility: A Tale Of Two Justice Kennedys, Eric J. Segall
Eric J. Segall
The academic and political debate over judicial activism has been based on the overriding but patently false assumption that the Supreme Court’s performance can be measured by examining the results that it reaches in constitutional cases. When scholars and politicians equate judicial activism with judicial invalidation of the works of the political branches or the reversal of precedent, however, these commentators don’t reveal anything different than would a pure descriptive account of the Court’s decision and rationale. Moreover, the judicial activism debate is unhelpful because the ambiguous sources of constitutional interpretation cannot privilege fundamental baselines or generate consensus over correct …
Judicial Humility And Affirmative Action, Eric J. Segall
Judicial Humility And Affirmative Action, Eric J. Segall
Eric J. Segall
No abstract provided.
Ethics Consultations And Conflict Engagement In Health Care, Charity Scott
Ethics Consultations And Conflict Engagement In Health Care, Charity Scott
Charity Scott
This article explores the intersection of two professional fields - bioethics and clinical ethics consultation in health care on one hand, and alternative dispute resolution ("ADR") and conflict management on the other - which until recent years remained relatively unknown to each other. It marries the literatures and lessons of these two fields in order to promote the quality of ethics consultations in hospitals and other health care organizations. * Increasingly, health care ethics committees and consultants acknowledge the need to employ the frameworks, approaches, and tools of good conflict management to do their work effectively. Similarly, conflict specialists and …
E-Development: Should Librarians Expand Their Online Learning Opportunities?, Kristina L. Niedringhaus
E-Development: Should Librarians Expand Their Online Learning Opportunities?, Kristina L. Niedringhaus
Kristina L Niedringhaus
No abstract provided.