Law Commons^™

Posner On Literature, L. H. Larue

Michigan Law Review

Judge Richard A. Posner has expanded the scope of his writing. We have previously known him as one of the leaders in law and economics. He is now moving into the field of law and literature. His offering is an article, Law and Literature: A Relation Reargued, which has been published in the Virginia Law Review.

As one might expect, he performs intelligently. Posner is well read in literature; he displays a genuine love for that which he has read; and he writes with wit and grace. In short, in law and literature, as in law and economics, Posner …

In Defense Of A Double Standard In The Rules Of Ethics: A Critical Reevaluation Of The Chinese Wall And Vicarious Disqualification, Frances Witty Hamermesh

University of Michigan Journal of Law Reform

This Note suggests that no change is warranted at the present time; courts should not adopt the Chinese wall defense to vicarious disqualification of private firms. The Chinese wall should, however, continue to operate as an internal device for protection of confidentiality. As such, it encourages firms to avoid disqualification by obtaining client consent to successive representation. Neither the historical record of the work of the Commission on the Evaluation of Professional Standards (the Kutak Commission), the empirical evidence currently available, nor the pragmatic arguments offered by many commentators justify an exception to, or modification of, the standard of imputed …

The Perils Of Privilege: Waiver And The Litigator, Richard L. Marcus

Michigan Law Review

Waiver can be made less tricky, although it will never yield algebraic accuracy. Focusing on civil litigation, this article develops a framework for waiver decisions. It begins by stressing a factor that others have neglected - the costs generated by broad traditional waiver rules. These costs result largely from changes in lawyer behavior to reduce waiver risks. Thus, enormous energy can be expended to guarantee that privileged materials are not inadvertently revealed in discovery, and lawyers may adopt elaborate witness preparation strategies in order to prevent witnesses from seeing privileged materials. Judges also feel the burden; where waiver is at …

Attorney's Fees For Consumers In Warranty Actions-An Expanding Role For The U.C.C.?, David T. Schaeffer

Indiana Law Journal

No abstract provided.

An Empirical Analysis Of The Medical And Legal Professions' Experiences And Perceptions Of Medical And Legal Malpractice, J. Douglas Peters, Steven K. Nord, R. Donald Woodson

University of Michigan Journal of Law Reform

The purpose of this study is to describe the general perceptions of doctors and lawyers regarding medical and legal malpractice. The study does not purport to draw conclusions about the statistical significance of the presented numbers and percentages. In addition, the results presented should be interpreted in light of the methodology and response rate obtained in the survey.

The Iconoclast As Reformer: Jerome Frank's Impact On American Law, Matthew W. Frank

Michigan Law Review

A Review of The Iconoclast as Reformer: Jerome Frank's Impact on American Law by Robert Jerome Glennon

William Hastie: Grace Under Pressure, Mark S. Cohen

Michigan Law Review

A Review of William Hastie: Grace Under Pressure by Gilbert Ware

Unequal Access: Women Lawyers In A Changing America, Miriam I. Pickus

Michigan Law Review

A Review of Unequal Access: Women Lawyers in a Changing America by Ronald Chester

Lawyers And Children: Wisdom And Legitimacy In Family Policy, Carl E. Schneider

Michigan Law Review

A Review of In the Interest of Children: Advocacy, Law Reform, and Public Policy by Robert H. Mnookin, Robert A. Burt, David L. Chambers, Michael S. Wald, Stephen D. Sugarman, Franklin E. Zimring, and Rayman L. Solomon

World Politics And International Law, John M. West

Michigan Law Review

A Review of World Politics and International Law by Francis Anthony Boyle

The Failure Of The Word: The Protagonist As Lawyer In Modern Fiction, Nancy T. Hammar

Michigan Law Review

A Review of The Failure of the Word: The Protagonist as Lawyer in Modern Fiction by Richard H. Weisberg

Law And Letters In American Culture, Lee W. Brooks

Michigan Law Review

A Review of Law and Letters in American Culture by Robert A. Ferguson

Can A Good Lawyer Be A Bad Person, Stephen Gillers

Michigan Law Review

A Review of The Good Lawyer: Lawyers' Roles and Lawyers' Ethics edited by David Luban and The Adversary System: A Description and Defense by Stephan Landsman

Crime Talk, Rights Talk, And Double-Talk: Thoughts On Reading Encyclopedia Of Crime And Justice (Review Essay), Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Contingency Factor And The Attorney's Fees Awards Act Of 1976: Legislative History Requires Continued Application, Andrew W. Stroud

Santa Clara Law Review

No abstract provided.

Why Kentucky Should Adopt The Aba's Model Rules Of Professional Conduct, Eugene R. Gaetke

Law Faculty Scholarly Articles

In 1983, after six years of drafting and lively debate, the American Bar Association adopted the Model Rules of Professional Conduct as its most recent statement of the ethical norms of the legal profession. Shortly thereafter the ABA forwarded the rules to the states for consideration and possible adoption as binding ethical principles. As of this writing, a number of states have adopted the Model Rules, in full or in substantial form, and several more have proposals for such adoption pending before their supreme courts

The Kentucky Supreme Court presently awaits the state bar association's recommendation regarding the Model Rules' …