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Cleveland State University

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Full-Text Articles in Law

The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer Sep 2015

The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer

David Barnhizer

In Western culture the name Niccolo Machiavelli has become Machiavellianism, a pejorative signifying the willingness to do anything to achieve desired ends. American lawyers do have limits, however, and are expected to operate according to an ethical code that is at least intended to prevent the worst abuses. The effectiveness of this ethical code has often been questioned, as have the questionable efforts of the organized bar to enforce its rules, but on the surface it differentiates law practice from hand-to-hand combat and military struggles. Even though I have sometimes used the concepts of the warrior lawyer, the general and ...


Apps, Artificial Intelligence, And Androids: Beyond Schumpeter’S “Creative Destruction” To “Destructive Destruction” David Barnhizer, David Barnhizer Jan 2015

Apps, Artificial Intelligence, And Androids: Beyond Schumpeter’S “Creative Destruction” To “Destructive Destruction” David Barnhizer, David Barnhizer

David Barnhizer

The analysis offered here is not a Neo-Luddite rage against “the machine”. As with the oft-stated reproach about paranoia, there sometimes really are situations in which people are “out to get you”. In our current situation the threat is not from people but from the convergence of a set of technological innovations that are and will increasingly have an enormous impact on the nature of work, economic and social inequality and the existence of the middle classes that are so vital to the durability of Western democracy. The fact is that developed nations’ economies such as found in Western Europe ...


Self-Interest And Sinecure: Why Law School Can’T Be “Fixed” From Within, David Barnhizer Jan 2014

Self-Interest And Sinecure: Why Law School Can’T Be “Fixed” From Within, David Barnhizer

David Barnhizer

The issue of how best to do a legal education is being approached as if it were an intellectual and pedagogical question. Of course in a conceptual sense it is. But from a political and human perspective (law faculty, deans and lawyers) it is a self-interested situation in terms of how does this affect me? The reality is that for law faculty and deans it is mainly a life style, status, economic benefit and political situation in which the various interests protected by the traditional faculty slot placeholders [as well as the non-traditional practice-oriented teachers) are being masked by self-serving ...


Finding Yourself In Law School, Joel Jay Finer Jan 1989

Finding Yourself In Law School, Joel Jay Finer

Cleveland State Law Review

Congratulations on your acceptance and your decision to enter law school. Some might say after reading this commentary that it was more appropriate for a commencement address. But stop to think. Commencement means beginning. This is your commencement, the beginning of your legal career. And if the values to which I refer are not somewhere in your thoughts during your law school education, when you can begin to see how your technical skills can be put to use in service of whatever justice goals you personally find most meaningful, it may be more difficult to make the connections later on ...


Coping With Change: The Lawyer's Role, Wilton S. Sogg Jan 1988

Coping With Change: The Lawyer's Role, Wilton S. Sogg

Cleveland State Law Review

The following articles are the result of an experimental course entitled "Current Problems of Small Business" offered at Cleveland-Marshall College of Law. Primarily for third-year students, the course was designed to provide a practical learning experience in seminar format. The course focused on business issues, but also taught lawyering skills such as interviewing, counseling, negotiating and drafting. Thus, the students were provided a pragmatic learning experience that can be applied to legal practice.


On Legal Writing, Albert P. Blaustein Jan 1969

On Legal Writing, Albert P. Blaustein

Cleveland State Law Review

Virtually all legal writing is atrocious! This is true about (a) statutes and administrative regulations; (b) judicial opinions and agency rulings; (c) trial papers and appellate briefs; (d) office memoranda and opinion letters; (e) annotations and digest paragraphs; and (f) law treatises and legal articles. It is even true (especially true?) about articles on legal writing. This is a serious matter. For the ramifications of bad legal writing are very costly-in time, in money and, indeed, in the very quality of life. Working to improve legal writing is no frivolous exercise.


Legal Education For Certified Specialization, Philip E. Heckerling Jan 1964

Legal Education For Certified Specialization, Philip E. Heckerling

Cleveland State Law Review

The purpose of this paper is to offer a partial solution to the public's loss of confidence in lawyers, suggesting that by means of post-graduate education conducted under the auspices of the various law schools, professional specialization in the law will be encouraged through certification, with the end result that lawyers and the public will both benefit psychologically and economically.