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Articles 1 - 20 of 20
Full-Text Articles in Law
A Lot Of Knowledge Is A Dangerous Thing: Will The Legal Profession Survive The Knowledge Explosion?, H W. Arthurs
A Lot Of Knowledge Is A Dangerous Thing: Will The Legal Profession Survive The Knowledge Explosion?, H W. Arthurs
Dalhousie Law Journal
Professor Arthurs argues that with the growth and diversification of knowledge, the common body of knowledge that underpins a unified profession is becoming more difficult to sustain. The desire to know, the need to know and the resources to know have divided lawyers into subprofessions, increasingly defined by the non-lawyers with whom they work and the clienteles they serve, bound togetherif at all-only by nostalgia and some residuum of self-interest.
The Impact Of The Americans With Disabilities Act On State Bar Examiner's Inquiries Into The Psychological History Of Bar Applicants, Carol J. Banta
The Impact Of The Americans With Disabilities Act On State Bar Examiner's Inquiries Into The Psychological History Of Bar Applicants, Carol J. Banta
Michigan Law Review
This Note argues that the use of any questions based upon an applicant's psychological history in the state bar application process violates the Americans with Disabilities Act. Part I demonstrates that Title II of the ADA applies to state boards of bar examiners, and that the ADA definition of a person with a disability includes a person who has sought or received psychological counseling. Part II applies the ADA and accompanying regulations to the psychological history inquiries currently used by state bar examiners and argues that such inquiries violate the ADA because they inquire specifically about disabled status. Part III …
The Bar Admission Process, Gatekeeper Or Big Brother: An Empirical Study, Donald H. Stone
The Bar Admission Process, Gatekeeper Or Big Brother: An Empirical Study, Donald H. Stone
Northern Illinois University Law Review
This article provides a comprehensive statistical review of bar applications from forty eight states and questions the usefulness of the applications, in their current form, in determining one's fitness to practice law. In addition to compiling this empirical data, the article focuses on four major areas of inquiry on most applications including mental illness, substance abuse, moral indiscretions and criminal behavior. Based on this inquiry and data, the author advances a number of recommendations to be adopted by state bar examiners. He concludes that the guiding light should place the burden on bar examiners to prove unfitness, and that only …
Denaturalizing The Lawyer-Statesman, Anthony V. Alfieri
Denaturalizing The Lawyer-Statesman, Anthony V. Alfieri
Michigan Law Review
A Review of The Lost Lawyer: Failing Ideals of the Legal Profession by Anthony T. Kronman.
De Jure Revolution?, Margaret M. Russell
De Jure Revolution?, Margaret M. Russell
Michigan Law Review
A Review of Failed Revolutions: Social Reform and the Limits of Legal Imagination by Richard Delgado and Jean Stefancic, and Crusaders in the Courts: How a Dedicated Band of Lawyers Fought for the Civil Rights Revolution by Jack Greenberg.
In Defense Of Lawyers, Geoffrey C. Hazard Jr.
In Defense Of Lawyers, Geoffrey C. Hazard Jr.
Michigan Law Review
A Review of A Nation Under Lawyers: How the Crisis In the Legal Profession is Transforming American Society by Mary Ann Glendon
Poverty Lawyering In The Golden Age, Matthew Diller
Poverty Lawyering In The Golden Age, Matthew Diller
Michigan Law Review
A Review of Brutal Need: Lawyers and the Welfare Rights Movement, 1960-1973 by Martha F. Davis
Kill All The Lawyers?: Shakespeare's Legal Appeal, Kevin T. Traskos
Kill All The Lawyers?: Shakespeare's Legal Appeal, Kevin T. Traskos
Michigan Law Review
A Review of Kill All the Lawyers?: Shakespeare's Legal Appeal by Daniel J. Kornstein
The Reception Of Foreign Law In The U.S. Federal Courts, Roger J. Miner '56
The Reception Of Foreign Law In The U.S. Federal Courts, Roger J. Miner '56
Bar Associations
No abstract provided.
Professional Responsibility And Choice Of Law: A Client-Based Alternative To The Model Rules Of Professional Conduct, Colin Owyang
Professional Responsibility And Choice Of Law: A Client-Based Alternative To The Model Rules Of Professional Conduct, Colin Owyang
University of Michigan Journal of Law Reform
Because of the increasingly interstate nature of legal practice during the past few decades, practitioners licensed in multiple jurisdictions have been forced more frequently to confront choice-of-law dilemmas in the area of professional responsibility. Although most states have adopted fairly uniform regulations on professional ethics, only the recently amended American Bar Association's Model Rules of Professional Conduct contain a specific provision that addresses the choice-of-law problem in the professional responsibility context. This Note outlines certain ethical considerations facing the multistate practitioner and argues that the choice-of-law provision in the Model Rules of Professional Conduct provides insufficient clarity and predictability where …
Catholic Legal Education At The Edge Of A New Millennium: Do We Still Have The Spirit To Send Forth Saints?, Randy Lee
Randy Lee
No abstract provided.
The Architecture Of A Lawyer’S Operation: Learning From Frank Lloyd Wright, John F. Nivala
The Architecture Of A Lawyer’S Operation: Learning From Frank Lloyd Wright, John F. Nivala
John F. Nivala
No abstract provided.
Liberalizing International Trade In Legal Services: A Proposal For An Annex On Legal Services Under The General Agreement On Trade In Services, Michael J. Chapman, Paul J. Tauber
Liberalizing International Trade In Legal Services: A Proposal For An Annex On Legal Services Under The General Agreement On Trade In Services, Michael J. Chapman, Paul J. Tauber
Michigan Journal of International Law
The legal services industry is experiencing a fundamental transformation. Thirty years ago, legal markets were almost exclusively national; today, a global legal market is emerging and evolving at a considerable pace. Unfortunately, further globalization is hindered by the failure of national regulatory systems to respond effectively. Globalization has made domestic regulation more difficult because it increases the complexity of the interactions between lawyers, the legal system, and the authorities responsible for regulating the legal profession. As the process of globalization has blurred the distinction between national and international legal issues, an international regulatory regime governing transnational legal practice has become …
Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner
Lawyers, Learning, And Professionalism: Meditations On A Theme, Judith Welch Wegner
Cleveland State Law Review
This essay will offer three meditations on the theme of "lawyers, learning and professionalism." First, it lays a foundation by arguing that a commitment to learning is an appropriate and necessary professional value for lawyers. Next, it contends that lawyers need to take this professional value more seriously. It will suggest that lawyers lag behind other professions in learning about learning, and urge more lawyers deliberately do just that. Finally, the essay shares some important lessons about professionalism recently learned through learning experiments with practicing lawyers and law students.
Interpreting Insurance Policies, Jeffrey W. Stempel
Interpreting Insurance Policies, Jeffrey W. Stempel
Scholarly Works
Like any other contract, an insurance policy may become the subject of a legal dispute. When disputes arise over insurance coverage, lawyers must combine their skill in contract interpretation with their knowledge of insurance law, bringing both to bear on the special problems related to this type of contract. Each dispute has unique traits, but a few basic ground rules of contract law and insurance law can help you interpret insurance policies and resolve disputes over insurance coverage.
Democratic Responses To International Terrorism, Christopher L. Blakesley
Democratic Responses To International Terrorism, Christopher L. Blakesley
Scholarly Works
This volume provides a multidisciplinary study of terrorism. The editor notes at the outset the difficulty of definition: "Terrorism is not a one-dimensional problem; it transcends many frontiers: political, jurisdictional, institutional, disciplinary and methodological. So approaching the problem from only one perspective may lead to only partial understanding and an incomplete strategy for developing constructive responses” (p. 3). Note the tendency of even this careful statement to assume that terrorism is always committed by others, Also, although legal definition and consideration may be implied by the terms polical, jurisdictional, institutional and disciplinary, which are indicated as various dimensions of …
Strong Criticism Of The American System Of Trial By Jury, Yale Kamisar
Strong Criticism Of The American System Of Trial By Jury, Yale Kamisar
Articles
I grieve for my country to say that the administration of the criminal law in all the states in the Union (there may be one or two exceptions) is a disgrace to our civilization.
What To Do When Your Case Is Front Page News: Panel Discussion, Michael E. Tigar
What To Do When Your Case Is Front Page News: Panel Discussion, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Lawyers And Social Justice, Michael E. Tigar
Lawyers And Social Justice, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Self-Inflicted Wounds: The Duty To Disclose Damaging Legal Authority, Angela Gilmore
Self-Inflicted Wounds: The Duty To Disclose Damaging Legal Authority, Angela Gilmore
Cleveland State Law Review
This article analyzes Rule 3.3(a)(3) and its implications for opposing parties in an adversarial legal system. The article's conclusion is that strict compliance with Rule 3.3(a)(3) by all members of the Bar is necessary to preserve the integrity of the legal system. Circumvention of the Rule is a disservice to the legal system. Part II explains Rule 3.3(a)(3) so that lawyers can grasp the ethical duty owed. Part III examines three roles simultaneously played by a lawyer: a representative of clients, an officer of the legal system, and a private citizen having a special responsibility for the quality of justice.7 …