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Full-Text Articles in Law

Foreword: Of Lawyers, Leaders, And Returning Riddles In Sovereign Debt, Anna Gelpern, G. Mitu Gulati Oct 2010

Foreword: Of Lawyers, Leaders, And Returning Riddles In Sovereign Debt, Anna Gelpern, G. Mitu Gulati

Law and Contemporary Problems

This volume contains the research and recollections of more than a dozen


Foreword: The New Era- Quo Vadis?, John Sahl Jan 2010

Foreword: The New Era- Quo Vadis?, John Sahl

Akron Law Faculty Publications

The Inaugural MBI Symposium’s twenty-six participants highlight many important developments and challenges caused by MJP and new technologies. Their assessments and suggestions provide a helpful roadmap for lawyers and regulators to negotiate the increasingly complex, fast-paced, and ethically risky landscape for delivering legal services. Several panelists suggested regulatory reforms that range from the creation of a regulatory framework for lawyers engaged in crossborder practice to the creation of standards for the supervision of offshore outsourced legal services268 and the mining of metadata. Some of the panelists’ suggestions and reforms are especially important given the “high [financial] stakes” involved in the …


Foreword: The New Era- Quo Vadis?, John Sahl Jan 2010

Foreword: The New Era- Quo Vadis?, John Sahl

John Sahl

The Inaugural MBI Symposium’s twenty-six participants highlight many important developments and challenges caused by MJP and new technologies. Their assessments and suggestions provide a helpful roadmap for lawyers and regulators to negotiate the increasingly complex, fast-paced, and ethically risky landscape for delivering legal services. Several panelists suggested regulatory reforms that range from the creation of a regulatory framework for lawyers engaged in crossborder practice to the creation of standards for the supervision of offshore outsourced legal services268 and the mining of metadata. Some of the panelists’ suggestions and reforms are especially important given the “high [financial] stakes” involved in the …


Changing Playing Fields: The Sports Attorney's Obligation To Learn Green, W. S. Miller Jan 2010

Changing Playing Fields: The Sports Attorney's Obligation To Learn Green, W. S. Miller

Marquette Sports Law Review

No abstract provided.


Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, Jack P. Sahl Jan 2010

Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, Jack P. Sahl

Marquette Sports Law Review

No abstract provided.


The Education And Licensing Of Attorneys And Advocates In South Africa, Peggy Maisel Jan 2010

The Education And Licensing Of Attorneys And Advocates In South Africa, Peggy Maisel

Faculty Scholarship

This article explores the current organization of the South African bar and describes the legal education system and the licensing requirements for both attorneys and advocates, as well as those for foreign attorneys. Interspersed throughout the article are discussions of the system’s strengths and weaknesses, particularly in light of the transformation required after the end of apartheid, including some of the key challenges still facing South Africa.


Shaping Public Opinion And The Law: How A “Common Man” Campaign Ended A Rich Man’S Law, Marjorie E. Kornhauser Jan 2010

Shaping Public Opinion And The Law: How A “Common Man” Campaign Ended A Rich Man’S Law, Marjorie E. Kornhauser

Law and Contemporary Problems

Kornhauser recounts the legislation which enacted in 1934 required all income taxpayers to submit "pink slips" with their tax returns. The information required by the pink slip would then be made available for public inspection. The disclosure regime was repealed less than one year later, largely through the remarkably effective efforts of one person--Raymond Pitcairn, a wealthy lawyer. She describes a multifaceted public-relations campaign, orchestrated by Pitcairn, that would be sophisticated even by today's standards. Two aspects of Pitcairn's campaign were especially impressive. The first was his ability to enlist the zeitgeist in his efforts; the trial of Bruno Hauptmann …


Mapping The World: Facts And Meaning In Adjudication And Mediation, Robert Rubinson Jan 2010

Mapping The World: Facts And Meaning In Adjudication And Mediation, Robert Rubinson

All Faculty Scholarship

This Article explores what is and what is not in adjudication and mediation, thus illuminating the profound differences between these two processes. The Article does this work in four parts. First, it offers an analysis of cognitive mapmaking and its inevitability in constructing meaning. It then explores how adjudication defines meaning in a particular way. This Article then conducts a comparable analysis of mediation. Finally, it focuses on the bridging function attorneys play between the worlds of mediation and adjudication.


Representing Parents In Child Welfare Cases, Vivek Sankaran Jan 2010

Representing Parents In Child Welfare Cases, Vivek Sankaran

Book Chapters

A parent's constitutional right to raise his or her child is one of the most venerated liberty interests safeguarded by the Constitution and the courts.2 The law presumes parents to be fit, and it establishes that they do not need to be model parents to retain custody of their children.3 If the state seeks to interfere with the parent-child relationship, the Constitution mandates that the state: (1) prove parental unfitness, a standard defined by state laws; and (2) follow certain procedures protecting the due process rights of parents. The constitutional framework for child welfare cases is premised on the belief …