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Full-Text Articles in Law
Celebrating Mundane Conflict, Deborah J. Cantrell
Celebrating Mundane Conflict, Deborah J. Cantrell
Publications
This Article interrogates the dominant conception of conflict and challenges the narrative of conflict as hard, difficult and painful to engage. The Article reveals two primary framing errors that cause one to misperceive how ubiquitous and ordinary is conflict. The first error is to misperceive conflict as categorical — something either is a conflict or it is not. People make that error as a way of trying to avoid conflict. People falsely hope that there might be a category of “not conflict,” like disagreements, that will be easier to navigate. The second error is to misperceive the world and individuals …
Love, Anger, And Lawyering, Deborah J. Cantrell
Love, Anger, And Lawyering, Deborah J. Cantrell
Publications
This essay explores how mindfulness practices helped one lawyer, now legal scholar, explore the roles of love and anger in lawyering.
Professionalism And The New Normal, Philip J. Weiser
Professionalism And The New Normal, Philip J. Weiser
Publications
No abstract provided.
Lawyers' Bargaining Ethics, Contract, And Collaboration: The End Of The Legal Profession And The Beginning Of Professional Pluralism, Scott R. Peppet
Lawyers' Bargaining Ethics, Contract, And Collaboration: The End Of The Legal Profession And The Beginning Of Professional Pluralism, Scott R. Peppet
Publications
This Article combines contractarian economics and traditional ethical theory to argue for a radical revision of the legal profession's codes of ethics. That revision would end the legal profession as we know it-one profession, regulated by one set of ethical rules that apply to all lawyers regardless of circumstance. It would replace the existing uniform conception of the lawyer's role with a more heterogeneous profession in which lawyers and clients could contractually choose the ethical obligations under which they wanted to operate. This "contract model" of legal ethics, in which lawyers could opt in and out of various ethical constraints, …
Jurisprudence Noire, Pierre Schlag
The Lawyerland Essays: Introduction, Pierre Schlag