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1998

Law and Contemporary Problems

Attorneys

Articles 1 - 21 of 21

Full-Text Articles in Law

Recapturing The Spirit Of Furman: The American Bar Association And The New Abolitionist Politics, Austin Sarat Oct 1998

Recapturing The Spirit Of Furman: The American Bar Association And The New Abolitionist Politics, Austin Sarat

Law and Contemporary Problems

Sarat locates the American Bar Association's call for a moratorium on executions in the context of modern abolitionist politics. New abolitionism links anti-death penalty work with a broader civil rights agenda.


High-Level, “Tenured” Lawyers, Thomas W. Merrill Apr 1998

High-Level, “Tenured” Lawyers, Thomas W. Merrill

Law and Contemporary Problems

Civil service lawyers have rights similar to tenured professors and are utilized to identify and evaluate the most plausible justifications for using tenured lawyers to perform high-level tasks within the executive branch.


The President As Client And The Ethics Of The President’S Lawyers, Nelson Lund Apr 1998

The President As Client And The Ethics Of The President’S Lawyers, Nelson Lund

Law and Contemporary Problems

The ethics and control of politically appointed lawyers are discussed.


The Internal Relations Of Government: Cautionary Tales From Inside The Black Box, Peter L. Strauss Apr 1998

The Internal Relations Of Government: Cautionary Tales From Inside The Black Box, Peter L. Strauss

Law and Contemporary Problems

Strauss attempts to explore some of the problems evinced by difficult government attorneys' relations in dealing with other government agenicies.


Lawyers In Congress, John C. Yoo Apr 1998

Lawyers In Congress, John C. Yoo

Law and Contemporary Problems

The role of congressional lawyers is discussed.


The Senate And House Counsel Offices: Dilemmas Of Representing In Court The Institutional Congressional Client, Charles Tiefer Apr 1998

The Senate And House Counsel Offices: Dilemmas Of Representing In Court The Institutional Congressional Client, Charles Tiefer

Law and Contemporary Problems

Two clusters of issues regarding institutional representation of Congress are examined.


The Role Of The Attorney-Adviser In The U.S. Department Of State: Institutional Arrangements And Structural Imperatives, Michael K. Young Apr 1998

The Role Of The Attorney-Adviser In The U.S. Department Of State: Institutional Arrangements And Structural Imperatives, Michael K. Young

Law and Contemporary Problems

Young provides information about the structural and institutional imperatives that constrain and shape the work of the Attorney-adviser and offers some rudimentary thoughts about what is needed to understand it better.


Lawyers In Agencies: Economics, Social Psychology, And Process, Jonathan R. Macey Apr 1998

Lawyers In Agencies: Economics, Social Psychology, And Process, Jonathan R. Macey

Law and Contemporary Problems

Macey explains the nature of the costs and benefits associated with involving lawyers in the administrative processes of government agencies.


Department Of Justice Litigation: Externalizing Costs And Searching For Subsidies, Nicholas S. Zeppos Apr 1998

Department Of Justice Litigation: Externalizing Costs And Searching For Subsidies, Nicholas S. Zeppos

Law and Contemporary Problems

The ignored questions of Department of Justice compensation, recruitment, and staffing are considered.


The Ethics Of Representing Elected Representatives, Kathleen Clark Apr 1998

The Ethics Of Representing Elected Representatives, Kathleen Clark

Law and Contemporary Problems

Clark attempts to sketch out the work of several different types of legislative lawyers. He suggests that the role of lawyers who work for individual legislators may be similar to that of Executive Branch lawyers.


Foreword, Neal Devins Jan 1998

Foreword, Neal Devins

Law and Contemporary Problems

Devins discusses his own experiences with government lawyers and the contextualization that seems to dominate their experiences and work.


Hell, Handbaskets, And Government Lawyers: The Duty Of Loyalty And Its Limits, Michael Stokes Paulsen Jan 1998

Hell, Handbaskets, And Government Lawyers: The Duty Of Loyalty And Its Limits, Michael Stokes Paulsen

Law and Contemporary Problems

Paulsen provides an autobiographical and a conjectural account of cases of personal and professional dilemmas of government lawyers.


The Solicitor General And The Interests Of The United States, David A. Strauss Jan 1998

The Solicitor General And The Interests Of The United States, David A. Strauss

Law and Contemporary Problems

Strauss examines the institutional and administration approach to the issue of the Solicitor General's involvement in legal questions not directly involving the federal government.


Creating Law At The Securities And Exchange Commission: The Lawyer As Prosecutor, Roberta S. Karmel Jan 1998

Creating Law At The Securities And Exchange Commission: The Lawyer As Prosecutor, Roberta S. Karmel

Law and Contemporary Problems

Karmel discusses the role of the SEC prosecutor in the context of the ethical obligations of a government lawyer when expanding the SEC's authority through the development of new legal theories.


“For The United States”: Government Lawyers In Court, Patricia M. Wald Jan 1998

“For The United States”: Government Lawyers In Court, Patricia M. Wald

Law and Contemporary Problems

Wald provides a largely impressionistic view of governmental layering in court.


Lawyers And Policymakers In Government, Peter H. Schuck Jan 1998

Lawyers And Policymakers In Government, Peter H. Schuck

Law and Contemporary Problems

Schuck discusses the conflicts in policymaking that occurred between the office of the ASPE (Assistant Secretary for Planning and Evaluation) and the Secretary of the Department of Health, Education, and Welfare, Joseph A. Califano. Califano believed that only lawyers were fit policymakers and everyone else was a mere technician.


United States Attorneys — Whom Shall They Serve?, H. W. Perry Jr. Jan 1998

United States Attorneys — Whom Shall They Serve?, H. W. Perry Jr.

Law and Contemporary Problems

Perry examines the fidelity of US Attorneys in a new light and provides a way to consider them more broadly.


Reallocating Interpretive Criminal-Lawmaking Power Within The Executive Branch, Dan M. Kahan Jan 1998

Reallocating Interpretive Criminal-Lawmaking Power Within The Executive Branch, Dan M. Kahan

Law and Contemporary Problems

A strategy for regaining control of federal criminal law, the reallocation of interpretive criminal law-making power within the Executive Branch, is discussed.


The Role Of Government Attorneys In Regulatory Agency Rulemaking, Thomas O. Mcgarity Jan 1998

The Role Of Government Attorneys In Regulatory Agency Rulemaking, Thomas O. Mcgarity

Law and Contemporary Problems

The many roles that agency lawyers can play in the internal processes of developing proposed rules and responding to public comments on those rules are discussed.


Independent Counsel And Vigorous Investigation And Prosecution, William Michael Treanor Jan 1998

Independent Counsel And Vigorous Investigation And Prosecution, William Michael Treanor

Law and Contemporary Problems

Two completed investigations into allegations of presidential wrongdoing, Watergate and Iran-Contra, are examined and the offices of Independent Counselor and Special Prosecutor are discussed.


The Secret Life Of The Private Attorney General, Jeremy A. Rabkin Jan 1998

The Secret Life Of The Private Attorney General, Jeremy A. Rabkin

Law and Contemporary Problems

The role of the private attorney general is discussed along with the history of the office.