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Full-Text Articles in Law
Lawyers And Mediation: Lessons From Mediator Stories, Sharon Press
Lawyers And Mediation: Lessons From Mediator Stories, Sharon Press
Faculty Scholarship
In Stories Mediators Tell, Lela Love and Eric Galton have compiled a compelling anthology of stories about mediation. Not surprisingly, most of the stories involve a significant moment when something special happened for the parties. The author was reminded of presentations by Baruch Bush and Joe Folger in the early 1990's (around the time the first edition of The Promise of Mediation was published). They would ask mediators who attended their sessions to recount to a partner one of their memorable mediations. Inevitably, the stories were about transformative moments - of parties obtaining clarity for the first time - of …
The Jurisprudential Turn In Legal Ethics, Kate Kruse
The Jurisprudential Turn In Legal Ethics, Kate Kruse
Faculty Scholarship
When legal ethics developed as an academic discipline in the mid-1970s, its theoretical roots were in moral philosophy. The early theorists in legal ethics were moral philosophers by training, and they explored legal ethics as a branch of moral philosophy. From the vantage point of moral philosophy, lawyers’ professional duties comprised a system of moral duties that governed lawyers in their professional lives, a “role-morality” for lawyers that competed with ordinary moral duties. In defining this “role-morality,” the moral philosophers accepted the premise that “good lawyers” are professionally obligated to pursue the interests of their clients all the way to …
Standing In Babylon, Looking Toward Zion, Kate Kruse
Standing In Babylon, Looking Toward Zion, Kate Kruse
Faculty Scholarship
The UNLV Conference on Representing Children in Families convened an impressive group of academics, policymakers, practitioners, and participants in the child welfare and juvenile justice systems to consider how to move beyond recommendations made ten years earlier about how lawyers for children should approach their work. This essay examines the interrelationship between idealism and realism in the definition of lawyers’ roles as representatives of children and the importance of idealized visions to the process of reforming dysfunctional systems, using examples of child welfare and juvenile justice system reform.