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Articles 1 - 19 of 19
Full-Text Articles in Law
Ethical Judicial Writing—Part I, Gerald Lebovits
Ethical Judicial Writing—Part I, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver
Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver
Carole Silver
This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools to new competition from foreign …
Josiah Quincy Jr.’S Trip To The South: America On The Eve Of Revolution, Daniel Coquillette
Josiah Quincy Jr.’S Trip To The South: America On The Eve Of Revolution, Daniel Coquillette
Daniel R. Coquillette
No abstract provided.
Flattening The World Of Legal Services? The Ethical And Liability Minefields Of Offshoring Legal And Law-Related Services, Carole Silver, Mary Daly
Flattening The World Of Legal Services? The Ethical And Liability Minefields Of Offshoring Legal And Law-Related Services, Carole Silver, Mary Daly
Carole Silver
This article examines offshore outsourcing of legal and law-related services as the newest twist in the international market for legal services. We consider the impact of offshore outsourcing on the profession generally and analyze the ethical issues raised by offshore outsourcing, both as it exists today and as the practice may develop in the future. The article begins by situating offshore outsourcing in the framework of relationships created in the context of delivery of legal services. This framework is used, in turn, to construct a structure of analysis for the ethical implications of offshore outsourcing. Lawyers who outsource to offshore …
Josiah Quincy Jr., The First Sjc Law Reports, And The War In Iraq, Daniel Coquillette
Josiah Quincy Jr., The First Sjc Law Reports, And The War In Iraq, Daniel Coquillette
Daniel R. Coquillette
No abstract provided.
Professionalism In The Legal Profession, Gerald Lebovits
Professionalism In The Legal Profession, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Sectionalism, Slavery And The Threat Of War In Josiah Quincy Jr.’S 1773 Southern Journal, Daniel R. Coquillette
Sectionalism, Slavery And The Threat Of War In Josiah Quincy Jr.’S 1773 Southern Journal, Daniel R. Coquillette
Daniel R. Coquillette
No abstract provided.
Meet The Manuscript, Daniel Coquillette
Lessons Of The American Revolution, Daniel Coquillette
Lessons Of The American Revolution, Daniel Coquillette
Daniel R. Coquillette
No abstract provided.
Reporter To The Committee On Rules Of Practice And Procedure Of The Us Judicial Conference, Daniel Coquillette
Reporter To The Committee On Rules Of Practice And Procedure Of The Us Judicial Conference, Daniel Coquillette
Daniel R. Coquillette
No abstract provided.
"Pre-Negotiation" Counseling: An Alternative Model, Paul R. Tremblay
"Pre-Negotiation" Counseling: An Alternative Model, Paul R. Tremblay
Paul R. Tremblay
This Article describes an alternative model for the process of legal counseling, a model applicable to a very common counseling experience ignored by the conventional Interviewing and Counseling texts—the experience of obtaining negotiating and settlement authority from a client. Counseling is, of course, a basic lawyering skill taught in law school clinics and in simulation courses. It is one of the most critical elements of good lawyering, and it is a skill which can be taught, and taught through the use of models. Every lawyering skills book available includes instruction about effective counseling. But when one reviews the available models …
Judicial Ethics, The Appearance Of Impropriety, And The Proposed New Aba Judicial Code, Ronald D. Rotunda
Judicial Ethics, The Appearance Of Impropriety, And The Proposed New Aba Judicial Code, Ronald D. Rotunda
Ronald D. Rotunda
We sometimes think, loosely, that ethics is good and that therefore more is better than less. But more is not better than less, if the more exacts higher costs, measured in terms of vague rules that impose unnecessary and excessive burdens. Overly-vague ethics rules impose costs on the judicial system and the litigants, which we should weigh when determining whether to impose ill-defined and indefinite ethics prohibitions on judges. Unnecessarily imprecise ethics rules allow and tempt critics, with minimum effort, to levy a plausible and serious charge that the judge has violated the ethics rules. Overuse not only invites abuse …
Nineteenth Century Visions Of A Twenty-First Century Bar: Were Dickens’S Expectations For Lawyers Too Great?, Randy Lee
Randy Lee
No abstract provided.
Beyond A Reasonable Doubt -- Human Dignity And Respect, Robert M. Sanger
Beyond A Reasonable Doubt -- Human Dignity And Respect, Robert M. Sanger
Robert M. Sanger
Essay on the Role of the Criminal Defense Lawyer. Criminal defense lawyers are often asked, "How can you represent "those" people?" The article contends that the answer is that the defense lawyer's job is to stand up for the dignity of the individual client and demand respect from the system for that client.
Internationalization In College Sports: Issues In Recruiting, Amateurism, And Scope, Maureen A. Weston Prof.
Internationalization In College Sports: Issues In Recruiting, Amateurism, And Scope, Maureen A. Weston Prof.
Maureen A Weston
This article examines the impact of international student-athletes ("ISAs") participating in intercollegiate athletics in the United States. Particularly in certain collegiate sports, the predominance, and frankly, the competitive success of ISAs-both men and women-is gaining the attention, and, in some cases, the concern, of college coaches, players, parents of junior players, member institutions, fans, and commentators. A primary concern is whether many of the ISAs, coming from varied education and athletic programs, are properly evaluated in meeting the academic and amateur eligibility standards set by the National Collegiate Athletic Association (NCAA). Many ISAs are also on athletic scholarships, and, as …
Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk
Policy Challenges From The "White" Senate Inquiry Into Workplace-Related Health Impacts Of Toxic Dusts And Nanoparticles, Thomas A. Faunce, Haydn Walters, Trevor Williams, David Bryant, Martin Jennings, Bill Musk
Thomas A Faunce
On 22 June 2005 the Senate of the Commonwealth of Australia voted to establish an inquiry into workplace harm related to toxic dust and emerging technologies (including nanoparticles). The inquiry became known as the "White" Inquiry after Mr Richard White, a financially uncompensated sufferer of industrial sandblasting-induced lung disease who was instrumental in its establishment. The "White" Inquiry delivered its final report and recommendations on 31 May 2006. This paper examines whether these recommendations and their implementation may provide a unique opportunity not only to modernize relevant monitoring standards and processes, but related compensation systems for disease associated with workplace-related …
Por Causa Da Mulher, Haradja L. Torrens
Living With The Bologna Process: Recommendations To The German Legal Education Community From A U.S. Perspective, Laurel S. Terry
Living With The Bologna Process: Recommendations To The German Legal Education Community From A U.S. Perspective, Laurel S. Terry
Laurel S. Terry
The Bologna Process is a dramatic development that is less than ten years old, but already it has significantly reshaped higher education in Germany and in Europe. This article is based on my research regarding the history and objectives of the Bologna Process and Bologna Process implementation in Germany. It contains my reflections about the Bologna Process and German legal education and my recommendations to the German legal education community.
A Theoretical And Political Analysis Of The Wto Appellate Body, Shoaib A. Ghias
A Theoretical And Political Analysis Of The Wto Appellate Body, Shoaib A. Ghias
Shoaib A. Ghias
Economic liberalization not only requires rules goveming economic exchange (such as multilateral trade agreements), but also institutions (such as courts) goveming how rules are enforced. However, once courts are established to govem economic exchange, they tend to expand their competence to political and social policy. Political scientists have used this theoretical framework to explain the evolution of national (for example the U.S. Supreme Court) and quasi-intemational (for example the European Court of Justice) judicial institutions. In this article, I explain how this model can be extended to a truly intemational "judicial" institution, the WTO's Appellate Body. In short, the Appellate …