Law Commons^™

Admitting Foreign-Trained Lawyers In States Other Than New York: Why It Matters, Laurel S. Terry

Laurel S. Terry

Open-Minded Listening, Jonathan R. Cohen

Jonathan R. Cohen

Parties in conflict do not typically listen to one another well. On a physical level they hear what their counterparts say, but on a deeper level they do not truly absorb or think seriously about their counterparts’ words. If they listen at all, they listen with an ear toward how they can refute rather than toward what they may learn. This article explores how we might change this. In contrast to prior research examining external aspects of listening (e.g., how being listened to influences the speaker), this article probes the internal side of listening, specifically, whether the listener will allow …

Globalization Of Law Firms: A Survey Of The Literature And A Research Agenda For Further Study, D. Daniel Sokol

D. Daniel Sokol

The international expansion of law firms plays a critical role in understanding the business of law and the nature of globalization. This article responds to two articles on law firm expansion in the Indiana University - Bloomington Law School symposium on the Globalization of the Legal Profession. The article utilizes management studies' theoretical work on internationalization and applies it to law firm expansion to explain law firm strategic decision-making. The author creates a six part taxonomy for types of law firm expansion and provides a snapshot of the increasing U.S./U.K. dominance of capital markets, corporate and mergers and acquisitions legal …

The "Darden Dilemma": Should African Americans Prosecute Crimes?, Kenneth B. Nunn

Kenneth B. Nunn

Christopher Darden (prosecutor in the O.J. Simpson trial) has come to epitomize the burdens that African American prosecutors face as they perform their professional tasks. Moreover, the "Darden Dilemma" has become a generic term for the anguish that these prosecutors endure as they negotiate between competing allegiances to the African American community and the State. Much has been written about the sense of isolation that African American prosecutors feel when confronting the conflict between their roles as prosecutors and their obligations to the African American community. This article argues that African Americans should not prosecute crimes in the current criminal …

Making Law School A Place For People Who Know What They Want To Do

Austen Parrish (2014-2022)

No abstract provided.

Vol. 47, No. 12 (November 24, 2014)

Indiana Law Annotated

No abstract provided.

Race, Identity, And Professional Responsibility: Why Legal Services Organizations Need African American Staff Attorneys, Shani M. King

Shani M. King

Given the fundamental importance of the attorney-client relationship in securing favorable outcomes for clients, legal services organizations that serve large populations of African Americans should employ African American staff attorneys because: (1) African American lawyers and clients share a group identity that makes it more likely that a black attorney will be able to gain a black client's trust; (2) black attorneys communicate more effectively with black clients; and (3) the perception of a judicial system that is unfair and racist is likely to encourage black clients to trust black lawyers more than white lawyers, who are more likely to …

Vol. 47, No. 11 (November 17, 2014)

Indiana Law Annotated

No abstract provided.

Introduction To The Legal Tech Audit, Rachel S. Evans, Jason Tubinis

Presentations

A brief introduction and discussion of the legal tech audit, why it matters and three mini tech lessons for Word, Excel, and Adobe Acrobat Pro.

How And Why To Find Best Amongst Top Law Firm In Delhi, India?, Paramount Law

Paramount Law

The field of providing legal consultancy to make the corporate and individuals aware about their rights is not unknown to the world. It has emerged number of top law firms in Delhi, India. The demand of law firms all around the world makes it a point to discuss. Before getting started to an interesting discussion on the topic “how to opt best law firm in India”, one should have proper knowledge about what is the importance of Law enforcement outsourcing firms. Important points are jotted down underneath for better understanding of tasks performed by law firms: • Expert lawyers work …

Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea Curcio, Carol Chomsky, Eileen Kaufman

Eileen Kaufman

The false dichotomy between achieving diversity and rewarding merit frequently surfaces in discussions about decisions on university and law school admissions, scholarships, law licenses, jobs, and promotions. “Merit” judgments are often based on the results of standardized tests meant to predict who has the best chance to succeed if given the opportunity to do so. This Article criticizes over-reliance on standardized tests and responds to suggestions that challenging the use of such tests reflects a race-comes-first approach that chooses diversity over merit. Discussing the firefighter exam that led to the Supreme Court decision in Ricci v. DiStefano, as well as …

In Memoriam: Dr. Deborah C. Hecht, Jeffrey B. Morris

Touro Law Review

No abstract provided.

Vol. 47, No. 10 (November 10, 2014)

Indiana Law Annotated

No abstract provided.

Dean's Desk: Partnerships Prep Students For Indiana Legal Careers, Austen L. Parrish

Austen Parrish (2014-2022)

As one of the top public law schools in the nation, we attract students from all over the United States – and the world – who understand the advantages of an IU education. As the state’s flagship law school, however, we also have an enduring commitment to educating Indiana’s best and brightest and encouraging them to stay in the state and contribute to its growth. Taken together, these three programs will go a long way toward advancing a strong commitment that goes back to our founding in 1842 as one of the oldest law schools in the nation and the …

Vol. 47, No. 09 (November 3, 2014)

Indiana Law Annotated

No abstract provided.

7 Tips For An Efficient Faculty Bibliography: How To Tackle Faculty Bibliography Challenges With (Relative) Ease, Marcia L. Dority Baker, Stefanie S. Pearlman

Marvin and Virginia Schmid Law Library

There are many reasons to compile a faculty bibliography: recording faculty accomplishments, preserving information for future generations, and supporting your institution’s external affairs office, to name a few. Also, it is a potential publication for librarians at a tenure-granting institution. So, why did we decide to create a faculty bibliography? It was a combination of past inquiries from our patrons and the need to publish. Prior to this bibliography, no such compilation of our faculty’s work existed. Although our library hosts a display of current faculty scholarship at the start of each fall semester to promote recent faculty publications, we …

Appellate Law, Hon. Marla Graff Decker

University of Richmond Law Review

No abstract provided.

What Color Is The Number Seven? Category Mistakes Analysis And The "Legislative/Non-Legislative" Distinction, John Martinez

Brigham Young University Journal of Public Law

No abstract provided.

Essay: Philemon, Marbury, And The Passive-Aggressive Assertion Of Legal Authority, Paul J. Larkin Jr.

Brigham Young University Journal of Public Law

No abstract provided.

The Folly Of Expecting Evil: Reconsidering The Bar’S Character And Fitness Requirement, Leslie C. Levin

BYU Law Review

No abstract provided.

Proposed Amendments To The Federal Judicial Misconduct Rules: Comments And Suggestions, Arthur D. Hellman

Testimony

In 2008, the Judicial Conference of the United States – the administrative policy-making body of the federal judiciary – approved a revised set of rules for handling complaints of misconduct or disability on the part of federal judges. Moving away from the decentralizing approach of the pre-2008 Illustrative Rules, the new rules were made binding on all of the federal judicial circuits.

On September 2, 2014, the Conference’s Committee on Judicial Conduct and Disability (Conduct Committee) issued a set of draft amendments to the Rules. The announcement invited comments on the proposed amendments. This statement was submitted in response to …

Vol. 47, No. 08 (October 27, 2014)

Indiana Law Annotated

No abstract provided.

2014 Distinguished Service Award Ceremony Program

Distinguished Service Awards

No abstract provided.

Professor Frank R. Kennedy, Jack F. Williams

Jack F. Williams

No abstract provided.

Daubert And Financial Expert Testimony In Bankruptcy Courts, Jack F. Williams

Jack F. Williams

No abstract provided.

Yes We Can, Pass The Bar. University Of The District Of Columbia, David A. Clarke School Of Law Bar Passage Initiatives And Bar Pass Rates - From The Titanic To The Queen Mary, Derek Alphran, Tanya Washington, Vincent Eagan

Tanya Monique Washington

No abstract provided.

The Citizen Shareholder: Modernizing The Agency Paradigm To Reflect How And Why A Majority Of Americans Invest In The Market, Anne Tucker

Anne Tucker

This Article examines corporate law from the perspective of personal investment and discusses the economic realities of modern investments in order to understand the role of shareholders within the agency paradigm. Corporate law, its scholars, and suggested reforms traditionally focus on the internal organization of the corporation. For example, agency principles inform corporate law by acknowledging a potential conflict of interest between the managers and shareholders of a corporation. Reforms such as increased shareholder voting rights and proxy access, which seek to give shareholders a more direct means to make their interests known to managers, illustrate corporate law’s focus on …

Reconceptualizing The Judicial Activism Debate As Judicial Responsibility: A Tale Of Two Justice Kennedys, Eric J. Segall

Eric J. Segall

The academic and political debate over judicial activism has been based on the overriding but patently false assumption that the Supreme Court’s performance can be measured by examining the results that it reaches in constitutional cases. When scholars and politicians equate judicial activism with judicial invalidation of the works of the political branches or the reversal of precedent, however, these commentators don’t reveal anything different than would a pure descriptive account of the Court’s decision and rationale. Moreover, the judicial activism debate is unhelpful because the ambiguous sources of constitutional interpretation cannot privilege fundamental baselines or generate consensus over correct …

Judicial Humility And Affirmative Action, Eric J. Segall

Eric J. Segall

No abstract provided.

Advantages And Disadvantages Of Mediation In Probate, Trust, And Guardianship Matters , Mary F. Radford

Mary F. Radford

Mediation is the ADR process by which a neutral third party works with disputants to reach a mutually agreeable resolution. Mediation is arguably the oldest and most popular ADR technique in use today. Part I of this essay discusses the commonly accepted advantages of mediation as an alternative to litigation, and, in some instances, questions whether those advantages become disadvantages in the context of probate, trust, and guardianship cases. Part II examines the use of mediation as a component of the actual estate planning process rather than as an alternative to litigation.