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1993

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Full-Text Articles in Law

Lawyers Need Courageous Imagination, Alfred C. Aman Jr. Oct 1993

Lawyers Need Courageous Imagination, Alfred C. Aman Jr.

Alfred Aman Jr. (1991-2002)

On May 8, Dean Alfred Aman addressed the 1993 law graduating class. These are excerpts from his remarks.


Clark Memorandum: Fall 1993, J. Reuben Clark Law Society, J. Reuben Clark Law School Oct 1993

Clark Memorandum: Fall 1993, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Fall 1993 Oct 1993

Fall 1993

Bill of Particulars

No abstract provided.


Lawyers At The Prison Gates: Organizational Structure And Corrections Advocacy, Susan P. Sturm Oct 1993

Lawyers At The Prison Gates: Organizational Structure And Corrections Advocacy, Susan P. Sturm

University of Michigan Journal of Law Reform

This Article attempts to fill the gaps in the discussion of public interest advocacy by exploring the roles of various legal organizations in providing representation to inmates challenging the conditions and practices in prisons, jails, and juvenile justice institutions. It is an outgrowth of a study conducted for the Edna McConnell Clark Foundation on the extent and quality of representation in corrections litigation. It puts forward an organizational change model of public interest advocacy as the most promising strategy for legal representation in the corrections area. It then identifies the major organizational providers of representation, assesses where they fall on ...


Science And Ethics In Conducting, Analyzing, And Reporting Social Science Research: Implications For Social Scientists, Judges, And Lawyers, Robert Rosenthal, Peter David Blanck Oct 1993

Science And Ethics In Conducting, Analyzing, And Reporting Social Science Research: Implications For Social Scientists, Judges, And Lawyers, Robert Rosenthal, Peter David Blanck

Indiana Law Journal

No abstract provided.


Lawyers Need Courageous Imagination, Alfred C. Aman Oct 1993

Lawyers Need Courageous Imagination, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.


Lawyers, Please Check Your First Amendment Rights At The Bar: The Problem Of State-Mandated Bar Dues And Compelled Speech, James B. Lake Sep 1993

Lawyers, Please Check Your First Amendment Rights At The Bar: The Problem Of State-Mandated Bar Dues And Compelled Speech, James B. Lake

Washington and Lee Law Review

No abstract provided.


The Growth Of Interdisciplinary Research And The Industrial Structure Of The Production Of Legal Ideas: A Reply To Judge Edwards, George L. Priest Aug 1993

The Growth Of Interdisciplinary Research And The Industrial Structure Of The Production Of Legal Ideas: A Reply To Judge Edwards, George L. Priest

Michigan Law Review

This brief response will attempt to repair these various deficiencies, though only in part because of the difficulty of the subject. It will try to explain more fully the rise of interdisciplinary legal research and will sketch the broader structure of the production and dissemination of new ideas about law and the legal system. The relationship between legal education and legal practice implicates an understanding of the "market" for legal ideas. To describe ideas as the subject of a "market," of course, has become conventional. In my view, however, the market metaphor most typically distorts our understanding of the issue ...


Students As Teachers, Teachers As Learners, Derrick Bell, Erin Edmonds Aug 1993

Students As Teachers, Teachers As Learners, Derrick Bell, Erin Edmonds

Michigan Law Review

Judge Edwards divides his analysis of the cause of the crisis in ethical lawyering into an overview and three parts. The overview and first two parts deal mainly with the role of law schools and legal curriculum in what he views as the deterioration of responsible, capable practitioners. This article takes issue with some of the assumptions, analyses, and conclusions those sections contain. The third part of Edwards' article analyzes the role of law firms in causing that same deterioration. This article agrees with and will elaborate upon that part of Edwards' treatment.

We approach Judge Edwards' article, we hope ...


Clerks In The Maze, Pierre Schlag Aug 1993

Clerks In The Maze, Pierre Schlag

Michigan Law Review

It must be very difficult to be a judge - particularly an appellate judge. Not only must appellate judges reconcile often incommensurable visions of what law is, what it commands, or what it strives to achieve, but judges must do this largely alone. What little help they have in terms of actual human contact, apart from their clerks, typically takes the form of two or more advocates whose entire raison d'ĂȘtre is to persuade, coax, and manipulate the judge into reaching a predetermined outcome - one which often instantiates or exemplifies only the most tenuous positive connection to the rhetoric of ...


The Growing Disjunction Between Legal Education And The Legal Profession: A Postscript, Harry T. Edwards Aug 1993

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

Michigan Law Review

In this essay I offer a postscript to "The Growing Disjunction." It is not possible for me to "respond" directly to the other participants in this symposium, because I had no opportunity before publication to read what they have written. I will therefore limit myself to two tasks. First, I will briefly discuss several issues raised in the article. Second, and most important, I wish to share a representative sample of the responses I have received regarding the article. These responses, I think, provide good evidence of the magnitude of the problem that we face.


The Deprofessionalization Of Legal Teaching And Scholarship, Richard A. Posner Aug 1993

The Deprofessionalization Of Legal Teaching And Scholarship, Richard A. Posner

Michigan Law Review

The editors have asked me to comment on Judge Edwards' double-barreled blast at legal education and the practice of law. This I am happy to do. It is an important article, stating with refreshing bluntness concerns that are widely felt but have never I think been so forcefully, so arrestingly expressed. Nevertheless I have deep disagreements with it.


The Disjunction Between Judge Edwards And Professor Priest, Louis H. Pollak Aug 1993

The Disjunction Between Judge Edwards And Professor Priest, Louis H. Pollak

Michigan Law Review

With characteristic vigor, Judge Harry Edwards, in his essay The Growing Disjunction Between Legal Education and the Legal Profession, has censured the law schools and, secondarily, the bar, for what he sees as profoundly disturbing trends pulling academics and practitioners farther and farther apart. Judge Edwards' censure is not proffered off the cuff. He has carefully polled his former law clerks on their perceptions of their law school years and of their postclerkship professional experiences - whether in private practice, in government, or in teaching. In the text and footnotes of his essay, Judge Edwards quotes his law clerks' responses in ...


Pro Bono Legal Work: For The Good Of Not Only The Public, But Also The Lawyer And The Legal Profession, Nadine Strossen Aug 1993

Pro Bono Legal Work: For The Good Of Not Only The Public, But Also The Lawyer And The Legal Profession, Nadine Strossen

Michigan Law Review

I agree with Judge Edwards that "the lawyer has an ethical obligation to practice public interest law - to represent some poor clients; to advance some causes that he or she believes to be just." I also concur in Judge Edwards' opinion that "[a] person who deploys his or her doctrinal skill without concern for the public interest is merely a good legal technician - not a good lawyer."

Rather than further develop Judge Edwards' theme that lawyers have a professional responsibility to do pro bono work, I will offer another rationale for such work, grounded in professional and individual self-interest. Specifically ...


Commentary On Judge Edwards' "Growing Disjunction Between Legal Education And The Legal Profession", James L. Oakes Aug 1993

Commentary On Judge Edwards' "Growing Disjunction Between Legal Education And The Legal Profession", James L. Oakes

Michigan Law Review

Perhaps this little piece should be entitled Grace Notes rather than Commentary because I agree with so much of what Judge Edwards had to say in the Michigan Law Review. When I first read his piece, I have to say I was quite skeptical of his methodology, namely, running a survey past a group of former law clerks who, by virtue of their own super achievement, primarily in so-called elite law schools, quite easily could have ethereal points of view. But in typical Edwardsian fashion, the judge made appropriate disclaimers, and the clerks' comments seemed to me, for the most ...


A Response From The Visitor From Another Planet, J. Cunyon Gordon Aug 1993

A Response From The Visitor From Another Planet, J. Cunyon Gordon

Michigan Law Review

In order to admit, as I do, that the related planets of practice and academia are conjoined, one has to realize, as I have, that the legacy of the heavily doctrinal education Edwards wants to preserve may be precisely the lawyers he upbraids - lawyers who generally do not live, work, and behave ethically (with fairness, compassion, and creativity) in a complex, heterogeneous society. This recognition in turn compels the conclusion I reach that the outsiders - with their challenges to the status quo's values, their upstart theories and innovative pedagogies, and even their Star Trek-and-the-law scholarship - may help save Planet ...


Stewardship, Donald B. Ayer Aug 1993

Stewardship, Donald B. Ayer

Michigan Law Review

While I agree with much that Judge Edwards has proposed, I thus submit that his formulations of the problem are partial - a bit like those of the blind men examining different parts of the elephant. The law's current unhappiness is only partly described as that of law schools and practicing lawyers going in different directions, of law practice becoming too commercial, or of law schools failing to serve the needs of the practicing lawyers and judges with practical teaching and scholarship. All of these observations, while correct as far as they go, miss the root of the problem, which ...


Vol. 3, No. 2 (Summer 1993) Jul 1993

Vol. 3, No. 2 (Summer 1993)

IU Law Update

No abstract provided.


Ratting, Paul R. Tremblay Jul 1993

Ratting, Paul R. Tremblay

Boston College Law School Faculty Papers

No abstract provided.


The Bar In America: The Role Of Elitism In A Liberal Democracy, Philip S. Stamatakos Jul 1993

The Bar In America: The Role Of Elitism In A Liberal Democracy, Philip S. Stamatakos

University of Michigan Journal of Law Reform

Part I of this Note argues that liberal democracy, the free market, and science have contributed to the increasing atomization of American society. When each person and her views are glorified, universal standards of good become undermined, values become relative, and a sense of community becomes evanescent. Part II argues that individualism is incapable of accounting for the commonweal and therefore is inherently amoral because morality is concerned largely with determining when an individual's will should be subservient to the will of others. Part III considers the nature of elitism and equality and attributes the demise of elitist institutions ...


Back To The Future: An Address To The Class Of 2042, Alfred C. Aman Jul 1993

Back To The Future: An Address To The Class Of 2042, Alfred C. Aman

Indiana Law Journal

No abstract provided.


The Justice Who Never Graduates: Law School And The Judicial Endeavor, Shirley S. Abrahamson Jul 1993

The Justice Who Never Graduates: Law School And The Judicial Endeavor, Shirley S. Abrahamson

Indiana Law Journal

No abstract provided.


An Essay On The Regulation Of The Legal Profession And The Future Of Lawyer's Characters, Patrick L. Baude Jul 1993

An Essay On The Regulation Of The Legal Profession And The Future Of Lawyer's Characters, Patrick L. Baude

Indiana Law Journal

No abstract provided.


Reply: Further Reflections On Libertarian Criminal Defense, William H. Simon Jun 1993

Reply: Further Reflections On Libertarian Criminal Defense, William H. Simon

Michigan Law Review

Since David Luban's is the work on legal ethics that I admire and agree with most, there is an element of perversity in my vehement critique of his arguments on criminal defense. I am therefore especially thankful for his gracious and thoughtful response. Nevertheless, I remain convinced that Luban is mistaken in excepting criminal defense from much of the responsibility to substantive justice that we both think appropriate in every other sphere of lawyering.


The Ethics Of Criminal Defense, William H. Simon Jun 1993

The Ethics Of Criminal Defense, William H. Simon

Michigan Law Review

A large literature has emerged in recent years challenging the standard conception of adversary advocacy that justifies the lawyer in doing anything arguably legal to advance the client's ends. This literature has proposed variations on an ethic that would increase the lawyer's responsibilities to third parties, the public, and substantive ideals of legal merit and justice.

With striking consistency, this literature exempts criminal defense from its critique and concedes that the standard adversary ethic may be viable there. This paper criticizes that concession. I argue that the reasons most commonly given to distinguish the criminal from the civil ...


Are Criminal Defenders Different?, David Luban Jun 1993

Are Criminal Defenders Different?, David Luban

Michigan Law Review

No one has done more to expose the jurisprudential incoherence of this view of legal practice than William Simon. In his 1978 article, The Ideology of Advocacy, Simon demonstrated a series of internal contradictions in the most promising attempts to justify the ideology of advocacy. Subsequently, in Ethical Discretion in Lawyering, Simon elaborated an alternative view according to which lawyers must exercise independent judgment in both their choice of clients and their choice of means in pursuing client ends.

In Simon's view, those who carve out the criminal defense exception have been taken in by what he calls "libertarian ...


Determining The Appropriate Time Limitations On Attorney Malpractice Lawsuits In West Virginia: A Brief Overview, Vincent Paul Cardi Jun 1993

Determining The Appropriate Time Limitations On Attorney Malpractice Lawsuits In West Virginia: A Brief Overview, Vincent Paul Cardi

West Virginia Law Review

No abstract provided.


Celebrating Our Past, Celebrating Our Future, Alfred C. Aman Jr. Apr 1993

Celebrating Our Past, Celebrating Our Future, Alfred C. Aman Jr.

Alfred Aman Jr. (1991-2002)

No abstract provided.


Vol. 3, No. 1 (Spring 1993) Apr 1993

Vol. 3, No. 1 (Spring 1993)

IU Law Update

No abstract provided.


Spring 1993 Apr 1993

Spring 1993

Bill of Particulars

No abstract provided.