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Full-Text Articles in Law

The Growing Disjunction Between Legal Education And The Legal Profession, Harry T. Edwards Oct 1992

The Growing Disjunction Between Legal Education And The Legal Profession, Harry T. Edwards

Michigan Law Review

This article is my response to Professor Priest and all other legal academicians who disdain law teaching as an endeavor in pursuit of professional education. My view is that if law schools continue to stray from their principal mission of professional scholarship and training, the disjunction between legal education and the legal profession will grow and society will be the worse for it. My arguments are quite straightforward, and probably not wholly original. Nevertheless, they surely merit repetition.


Three Attorney Fee-Shifting Rules And Contingency Fees: Their Impact On Settlement Incentives, Bradley L. Smith Jun 1992

Three Attorney Fee-Shifting Rules And Contingency Fees: Their Impact On Settlement Incentives, Bradley L. Smith

Michigan Law Review

This Note seeks to predict the direction and magnitude of the change in settlement frequency under the three fee-shifting rules: American, British, and the British rule as modified by the PCC. Part I analyzes the proposed rule using the theoretical model of litigation and settlement developed by Hause. Part II examines the impact of fee-shifting when the plaintiff's lawyer receives reimbursement via a contingency fee. Analysis of indemnification in a contingency fee context raises several policy issues which section II.A addresses. Section II.B discusses the terms and assumptions made in adjusting Hause's model to reflect the standard contingency fee arrangement, …


Speaking Differences: The Rules And Relationships Of Litigants' Discourses, Naomi R. Cahn May 1992

Speaking Differences: The Rules And Relationships Of Litigants' Discourses, Naomi R. Cahn

Michigan Law Review

A Review of Rules Versus Relationships: The Ethnography of Legal Discourse by John M. Conley and William M. O'Barr


An Academic Visit To The Modern Law Firm: Considering A Theory Of Promotion-Driven Growth, Frederick W. Lambert May 1992

An Academic Visit To The Modern Law Firm: Considering A Theory Of Promotion-Driven Growth, Frederick W. Lambert

Michigan Law Review

A Review of Tournament of Lawyers: The Transformation of the Big Law Firm by Marc Galanter and Thomas Palay


Law's Paradise Lost?, Douglas H. Ginsburg May 1992

Law's Paradise Lost?, Douglas H. Ginsburg

Michigan Law Review

A Review of The Litigation Explosion: What Happened When America Unleashed the Lawsuit by Walter K. Olson