Law Commons^™

Vol. 1, No. 01 (December 2002)

Indiana Law Update

No abstract provided.

Unmeasured Factors Of Success, John K. Carmack

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on March 10, 1996.

Satisfaction In The Law, David G. Campbell

Vol. 1: Answering God's Interrogatories

This address was given at the BYU Law School awards ceremony on March 25, 1993.

Lawyers And The Atonement, Thomas B. Griffith

Vol. 1: Answering God's Interrogatories

This BYU–Hawaii Presidential Lecture was given in Laie, Hawaii on March 23, 2000.

Balance, Robert L. Backman

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on March 24, 1991.

Lawyer As Policy Maker, Rex E. Lee

Vol. 1: Answering God's Interrogatories

This convocation address was given to the charter class of the BYU Law School on April 23, 1976.

Just Lawyers, Ralph R. Mabey

Vol. 1: Answering God's Interrogatories

This Discovery Week fireside was given at the BYU Law School on November 14, 1999.

A Christ-Like Attitude, Marion G. Romney

Vol. 1: Answering God's Interrogatories

This convocation address was given at the BYU Law School on April 24, 1981.

The Study And Practice Of The Laws Of Men In Light Of The Laws Of God, James E. Faust

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on November 22, 1987.

Pure Religion, Stephen A. West

Vol. 1: Answering God's Interrogatories

This address was given on May 24, 1994 to graduates of the BYU Law School who had come to Washington, D.C. to be admitted to practice before the U.S. Supreme Court on the following day.

Ethics 2000 And Conflicts Of Interest: The More Things Change . . . ., Charles W. Wolfram

Cornell Law Faculty Publications

Section 2: Supreme Court Advocacy, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Comparative Multi-Disciplinary Practice Of Law: Paths Taken And Not Taken, Charles W. Wolfram

Cornell Law Faculty Publications

It is always an interesting journey to return to one's roots, and many of the most important of my personal and professional roots are here in Cleveland, including my birth and the first twenty years of life. Subsequent wanderings have taken me far from here, but always to return. We consider here another set of journeys and pathways that are institutional, not personal. The paths traversed are both national and international, and they will take us on journeys that are far from completed. They concern the ways in which various contemporary legal cultures have so far approached the subject of …

Perspectives Of A New Executive Director, William H. Henning

Faculty Scholarship

Article Extract:

It goes without saying that a national economy cannot function efficiently without a core set of commercial laws to provide a stable base. Can you imagine the added costs of doing business if common transactions were governed by truly idiosyncratic laws in the various states? We had just such a situation in secured-finance law before the widespread adoption of Article 9 of the Uniform Commercial Code. Creditors seeking to use personal property as security faced a bewildering array of devices-pledge, chattel mortgage, conditional sale, assignment of accounts receivable, trust receipt, equipment trust, factor's lien, etc. Some of the …

Mdps, Spinning, And Wouters V. Nova, Laurel S. Terry

Faculty Scholarly Works

This article is one of a series of articles by Professor Laurel Terry regarding the topic of MDPs of multidisciplinary partnerships. In February 2002, the European Court of Justice issued its opinion in Wouters v. NOVA (Case C-309/99), which addressed a Netherlands Bar rule that prohibited multidisciplinary partnerships (MDPs) between lawyers and accountants. Wouters decided: 1) that the bar was an “undertaking” that was subject to the competition (antitrust) provision in the EU Treaty; 2) that the Dutch MDP ban restricted competition and that this restriction on competition was appreciable and affected intra-community trade; 3) that the Dutch MDP ban …

The Constitutional Duty Of A National Security Lawyer In A Time Of Terror, James E. Baker

Georgetown Law Faculty Publications and Other Works

National security lawyers are probably not in the forefront of the public’s mind when one refers to government lawyers, but they serve a vital mission within the public sector. This article explores the duties and responsibilities inherent in that mission, and discusses the continuing role of the national security lawyer after the terrorist attacks of September 11th, 2001.

Encouraging Race-Based Advocacy In Legal Services Practice, Jonel Newman

Articles

Every legal services program has a waiting room, some newly furnished, others with old sofas and tattered chairs. The families, children, and elderly sitting in these waiting rooms consistently are disproportionately racial and ethnic minorities. Despite this constant reminder that those seeking legal assistance for their perceived wrongs are disproportionately racial and ethnic minorities, legal services programs are bringing fewer and fewer affirmative challenges that incorporate race-based antidiscrimination claims.
In this article we explore possible reasons for this lack of affirmative race- and national-origin-based discrimination claims and suggest some ideas for preserving or restarting this type of advocacy, ideas that …

The National Security Process And A Lawyer’S Duty: Remarks To The Senior Judge Advocate Symposium, James E. Baker

Georgetown Law Faculty Publications and Other Works

September 11 changed so much about our lives and how we perceive national security. Harold Lasswell, in an earlier context, described the sharing of danger throughout society as the “socialization of danger,” which he wrote was a permanent characteristic of modern violence; but not for America until September 11. The socialization of danger has made ordinary citizens participants in the national security process in a way not previously experienced. In addition, it has brought relatively unknown federal agencies, like the Federal Emergency Management Agency and the Centers for Disease Control, to the forefront of national security planning and response. And …

Iu Bloomington Law School Names New Dean, Abigail Johnson

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Law School Appoints Interim Dean For 2002-03, Josh Sanburn

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Teaching Ethics In An Atmosphere Of Skepticism And Relativism, W. Bradley Wendel

Cornell Law Faculty Publications

I would like to do several things in this essay. First, I am interested in the sources of students' wariness about moral reasoning and claims about objectivity and truth in ethics. Sometimes I feel like a teacher of geography who must confront a deeply entrenched belief that the earth is flat. The earth is not flat, nor is ethics just a matter of opinion, but one wonders why students persist in thinking the opposite. Teaching effectively requires an understanding of where students are coming from. Accordingly, the opening section of this essay is structured around a series of hypotheses to …

“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Spring 2002

Bill of Particulars

No abstract provided.

Law: Illumination Against Darkness, Alfred C. Aman Jr.

Alfred Aman Jr. (1991-2002)

No abstract provided.

Furthering Justice By Improving The Adversary System And Making Lawyers More Accountable, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Expanding State Jurisdiction To Regulate Out-Of-State Lawyers, Charles W. Wolfram

Cornell Law Faculty Publications

Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest, Susan Saab Fortney, Jett Hanna

Faculty Scholarship

This article addresses the prevailing problem of malpractice claims based on conflicts of interest. Part I of this article introduces the topic by underscoring the seriousness of all conflicts of interest and recommending preventative action. Part II describes measures that law firms can take to detect and manage conflicts and analyzes the effect of the firm’s ability to avoid conflicts claims on a firm’s ethical infrastructure. Part III focuses on some of the most common conflicts situations that result in malpractice claims and sanctions. The discussion includes selected conflicts cases that illustrate problems and patterns. Part IV concludes by urging …

The Lawyer As Citizen, James E. Fleming

Faculty Scholarship

The moral schizophrenia of the lawyer-person wrought by the American adversarial system's differentiation of professional morality from personal morality is at once alienating and anesthetizing. Alienating in that it separates a person from her/his actions taken in performing a professional role by attributing responsibility for these actions and their consequences to the role itself rather than to the individual. Anesthetizing in that it permits if not requires a professional to constrict the moral universe inhabited on the job, extruding moral sentiments that she/he otherwise might feel, numbing the moral sense of ordinary personal responsibility.

The Contemplative Lawyer: On The Potential Contributions Of Mindfulness Meditation To Law Students, Lawyers, And Their Clients, Leonard L. Riskin

UF Law Faculty Publications

This Article proposes that introducing mindfulness meditation into the legal profession may improve practitioners' well-being and performance and weaken the dominance of adversarial mind-sets. By enabling some lawyers to make more room for - and act from - broader and deeper perspectives, mindfulness can help lawyers provide more appropriate service (especially through better listening and negotiation) and gain more personal satisfaction from their work.

Part I of this article describes a number of problems associated with law school and law practice. Part II sets forth a variety of ways in which lawyers, law schools, and professional organizations have tried to …

Federalism And The Idea Of Law Practice, Patrick Baude

Articles by Maurer Faculty

No abstract provided.