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2003

Legal Profession

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Articles 31 - 60 of 91

Full-Text Articles in Law

A Lawyer's Calling, Lauren K. Robel Apr 2003

A Lawyer's Calling, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.


Interview With Cynthia E. White, Antoinette E. Walker, Cynthia E. White, Legal Oral History Project, University Of Pennsylvania Carey Law School Mar 2003

Interview With Cynthia E. White, Antoinette E. Walker, Cynthia E. White, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

Cynthia E. White (L '80) worked in the City of Phialdelphia Law Department from 1984 to 2017, becoming Chief Deputy Solicitor of the Tax Unit in 1995. She has also served as president and board chairman of the Consumer Bankruptcy Assistance Project


Law School Appoints First Female Dean, Adam Aasen Mar 2003

Law School Appoints First Female Dean, Adam Aasen

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.


Interview With Robert C. Sheehan, Daniel Yunger, Robert C. Sheehan, Legal Oral History Project, University Of Pennsylvania Carey Law School Mar 2003

Interview With Robert C. Sheehan, Daniel Yunger, Robert C. Sheehan, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above.

Robert C. Sheehan (L '69) has practiced at Skadden, Arps since 1969 and served as Executive Partner from 1994 to 2009. He was won several awards for leadership and for pro bono work. He currently oversees Skadden's pro bono program. From 1996 to 2012 he was a member of the Penn Law Board of Overseers.


Regulation Of Lawyers Without The Code, The Rules, Or The Restatement: Or, What Do Honor And Shame Have To Do With Civil Discovery Practice?, W. Bradley Wendel Mar 2003

Regulation Of Lawyers Without The Code, The Rules, Or The Restatement: Or, What Do Honor And Shame Have To Do With Civil Discovery Practice?, W. Bradley Wendel

Cornell Law Faculty Publications

One of the most striking things to notice when "looking back" on the regulation of the legal profession is the relative absence of enforceable legal sanctions for unethical behavior by lawyers. Before the promulgation in 1970 of the ABA's Model Code of Professional Responsibility, regulation of the legal profession was largely a matter of a fraternal body taking care of its own, and occasionally expelling miscreants. Now, of course, there is a complex body of law, enforced by courts and regulatory authorities with overlapping jurisdiction, that governs a substantial amount of the day-to-day activities of lawyers.

The hypothesis I explore …


Vol. 1, No. 03 (March 2003) Mar 2003

Vol. 1, No. 03 (March 2003)

Indiana Law Update

No abstract provided.


I Don't Have Time To Be Ethical: Addressing The Effects Of Billable Hour Pressure, Susan Saab Fortney Mar 2003

I Don't Have Time To Be Ethical: Addressing The Effects Of Billable Hour Pressure, Susan Saab Fortney

Faculty Scholarship

This article discusses the unintended consequences of the billable hour derby and suggests changes to address the deleterious effects of increasing billable hour requirements. A brief introduction identifies law firms’ recent tendency to increase the billable hour requirements to fund the heightened salaries of associates. This article analyzes the results from an empirical study focused on the effects of billable hour expectations and firm cultures. Part I generally reviews the study findings. Part II discusses the work and report of the ABA Commission, while Part III indentifies those issues and approaches that the ABA and firm managers should explore. Recognizing …


The Evolution Of Mjp, Irma S. Russell Mar 2003

The Evolution Of Mjp, Irma S. Russell

Faculty Works

This article examines the ABA revision to Model Rules 5.5 and 8.5 in light of today's legal world where representing clients in states outside the lawyer's state of licensure is commonplace, particularly in areas of practice that involve federal law, such as environmental law, and clients with far-flung property or business transactions in numerous jurisdictions. The article notes that although the revision to these rules represents the first step in a necessary liberalization of ethical rules and statutes to permit competent lawyers to service client needs efficiently and encourages more uniformity of approach, the rules and UPL statutes still create …


High Drama And Hindsight: The Llp Shield Post-Anderson, Susan Saab Fortney Feb 2003

High Drama And Hindsight: The Llp Shield Post-Anderson, Susan Saab Fortney

Faculty Scholarship

This article explores several disadvantages associated with limited liability partnerships (LLPs) in the wake of the Anderson-Enron debacle. The article explains how conversion to LLP from a traditional partnership may undercut the incentive for partners to devote time and resources to monitoring and risk management activities. Additionally, the article notes that conflicts may arise regarding the payment of debts when a firm, without sufficient malpractice insurance, converts to an LLP. The article delves into the exodus problem caused by the lack of partners’ commitment to the firm. The article also describes the tension between partners over malpractice insurance decisions that …


Court May Force Iu's Hand On Affirmative Action, Steve Hinnefeld Jan 2003

Court May Force Iu's Hand On Affirmative Action, Steve Hinnefeld

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.


Anastasoff Versus Hart: The Constitutionality And Wisdom Of Denying Precedental Authority To Circuit Court Decisions, Michael B.W. Sinclair Jan 2003

Anastasoff Versus Hart: The Constitutionality And Wisdom Of Denying Precedental Authority To Circuit Court Decisions, Michael B.W. Sinclair

Articles & Chapters

No abstract provided.


Responsibility And Blame: Psychological And Legal Perspectives - Introduction, Lawrence M. Solan Jan 2003

Responsibility And Blame: Psychological And Legal Perspectives - Introduction, Lawrence M. Solan

Faculty Scholarship

No abstract provided.


Taking Inventory: The Science Of Happiness, Lawrence S. Krieger Jan 2003

Taking Inventory: The Science Of Happiness, Lawrence S. Krieger

Scholarly Publications

No abstract provided.


Remarks, Unveiling Of The Portrait Of Judge Roger J. Miner '56, Roger J. Miner '56 Jan 2003

Remarks, Unveiling Of The Portrait Of Judge Roger J. Miner '56, Roger J. Miner '56

New York Law School Events and Publications

No abstract provided.


The Real-World Shift In Criminal Procedure, Stephanos Bibas Jan 2003

The Real-World Shift In Criminal Procedure, Stephanos Bibas

All Faculty Scholarship

No abstract provided.


Salt On The Lsat, Society Of American Law Teachers Jan 2003

Salt On The Lsat, Society Of American Law Teachers

Statements

In 2003, Society of American Law Teachers issued a statement in which SALT expressed a concern with over-reliance on the LSAT and provided proposals for reform.


‘For The Family, France, And Humanity’: Authority And Maternity In The Tribunaux Pour Enfants, Sara L. Kimble Jan 2003

‘For The Family, France, And Humanity’: Authority And Maternity In The Tribunaux Pour Enfants, Sara L. Kimble

School of Continuing and Professional Studies Faculty Publications

No abstract provided.


How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle Jan 2003

How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle

Articles in Law Reviews & Other Academic Journals

INTRODUCTIONThe Editors of the Cornell Journal of Law and Public Policy have specifically requested that I address in this essay some research I finished quite a while ago, but to which I hope to return in the near future, concerning the history of the first national legal committee of the National Association for the Advancement of Colored People (NAACP). (1) Therefore, I plan to raise a big picture question left unanswered by that earlier research here: how should we understand lawyers' class interests in relation to their involvement in the development of legal ethics rules concerning public interest law practice? …


Not So Great Moments In Trial Advocacy: Clement Vallandigham, Richard H. Underwood Jan 2003

Not So Great Moments In Trial Advocacy: Clement Vallandigham, Richard H. Underwood

Law Faculty Scholarly Articles

The subject of this comment is "The Lawyer as Hero." Being the contrarian that I am, I thought I would present the story of someone who I do not consider to have been a hero—Clement L. Vallandigham. History has not been kind to him. I am sure those of you who do remember his name think of him as a traitor and a rascal—a loathsome individual. But to some, and for a time, he was a hero and a champion in court. This just goes to show that one person's hero is another person's goat.


Our Love-Hate Relationship With Heroic Lawyers, W. Bradley Wendel Jan 2003

Our Love-Hate Relationship With Heroic Lawyers, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.


Robel Named Law School Dean Jan 2003

Robel Named Law School Dean

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.


Popular Culture As A Lens On Legal Professionalism, Hillary B. Farber, Alexander Scherr Jan 2003

Popular Culture As A Lens On Legal Professionalism, Hillary B. Farber, Alexander Scherr

Faculty Publications

This Article argues that the cultural images of lawyering provide opportunities for teaching professionalism that go well beyond the teaching of ethical rules using hypothetical facts. We contend that use of different media allows teachers to chart the broad middle ground between disciplinary minima and aspirational maxima - the map of realistic professional practice. This ground includes both rule- and conduct-based ideas of professionalism: careful role definition; responsible practice management; appropriate balance between public and private commitments; and concerns over manners, dress, and work ethic. The middle ground also includes less traditional content, discussion of which brings students to appreciate …


'What's Love Got To Do With It?' - 'It's Not Like They're Your Friends For Christ's Sake' : The Complicated Relationship Between Lawyer And Client, Robert J. Condlin Jan 2003

'What's Love Got To Do With It?' - 'It's Not Like They're Your Friends For Christ's Sake' : The Complicated Relationship Between Lawyer And Client, Robert J. Condlin

Faculty Scholarship

Should lawyers love their clients and try to be their friends? Highly regarded legal scholars have defended the “lawyer-as-friend” analogy in the past, although usually on the basis of a more contractual understanding of friendship than the understanding currently in vogue. These past efforts were widely criticized on a variety of grounds, and after a period of debate, support for the analogy appeared to wane. That is until recently, when other scholars, looking at the topic from a more religious perspective, have asserted a refined version of the friendship analogy as the proper model for lawyer-client relations. It is this …


Women Of Color In Law Teaching: Shared Identities, Different Experiences, Katherine L. Vaughns Jan 2003

Women Of Color In Law Teaching: Shared Identities, Different Experiences, Katherine L. Vaughns

Faculty Scholarship

No abstract provided.


A Tribute To Harry Pratter, Terry A. Bethel, Douglass Boshkoff, Maurice J. Holland Jan 2003

A Tribute To Harry Pratter, Terry A. Bethel, Douglass Boshkoff, Maurice J. Holland

Harry Pratter (1976-1977 Acting)

The Board of Editors, in recognition of his lasting service to Indiana University School of Law-Bloomington, hereby dedicates Volume 78 of the Indiana Law Journal to the memory of Harry Pratter, who taught at the School of Law from 1950 until 1994, and passed away March 11,2002. As evidenced below, Professor Pratter's influence spread far beyond the bounds of his classroom walls, and his presence in the Law School's community will be sorely missed.


Vol. 1, No. 02 (January 2003) Jan 2003

Vol. 1, No. 02 (January 2003)

Indiana Law Update

No abstract provided.


The Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, Jill E. Fisch, Caroline M. Gentile Jan 2003

The Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, Jill E. Fisch, Caroline M. Gentile

All Faculty Scholarship

The Securities and Exchange Commission introduced a new corporate governance structure, the qualified legal compliance committee, as part of the professional standards of conduct for attorneys mandated by the Sarbanes-Oxley Act of 2002. QLCCs are consistent with the Commission’s general approach to improving corporate governance through specialized committees of independent directors. This Article suggests, however, that assessing the benefits and costs of creating QLCCs may be more complex than is initially apparent. Importantly, QLCCs are unlikely to be effective in the absence of incentives for active director monitoring. This Article concludes by considering three ways of increasing these incentives.


Introduction, Joel K. Goldstein Jan 2003

Introduction, Joel K. Goldstein

All Faculty Scholarship

The Richard J. Childress Memorial Lecture has become the highpoint of the academic year at Saint Louis University School of Law. The Lecture, which honors the memory of a long-time dean and member of our faculty,[1] has been delivered each fall beginning in 2000 by a distinguished scholar on an important legal subject. Dean Jeffrey Lewis’s vision of the program was not simply to produce a typical speech on an academic topic, but to commission a preeminent scholar to write a substantial article on a critical issue and to invite responses from other thoughtful scholars and activists. Our Law Journal …


Cultural Projects And Structural Transformation In The Legal Profession, W. Wesley Pue Jan 2003

Cultural Projects And Structural Transformation In The Legal Profession, W. Wesley Pue

All Faculty Publications

This paper explores the history of professional formation amongst lawyers, pointing to the surprising conclusions that contemporary legal professionalism bears little continuity with supposed roots in British professionalism and that one of the major motors driving professionalism was related to a project of cultural transformation in state and society at large. Whilst legal professions appear exclusionary and xenophobic from an outside perspective, the desire to control difference has deeper, more fully cultural roots, than arguments from self-interest per se might suggest.


Letters And Postcards We Wished We Had Sent To Gary Bellow And Bea Moulton, Marilyn Berger, John Mitchell, Annette Clark Jan 2003

Letters And Postcards We Wished We Had Sent To Gary Bellow And Bea Moulton, Marilyn Berger, John Mitchell, Annette Clark

Faculty Articles

To celebrate the 25th anniversary of the publication of Gary Bellow's and Bea Moulton's The Lawyering Process, this essay consists of eleven letters and postcards about how The Lawyering Process inspired the writing of the authors’ books - Pretrial Advocacy: Planning, Analysis & Strategy and Trial Advocacy: Planning, Analysis & Strategy. Alas, this correspondence is imaginary because that exchange of ideas did not take place. This method was inspired by the medieval letters of Abelard and Heloise and the modern-day fictional postcards and letters of Griffin and Sabine. Tracing the evolution of their thoughts from first reading the Bellow and …