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Articles 1 - 30 of 33
Full-Text Articles in Legal Profession
Thoughtful Practitioners And An Engaged Legal Community: The Impact Of The Teaching Of Procedure On The Legal Profession And On Civil Justice Reform, Janet Walker, Andrew Higgins, Thomas D. Rowe Jr., Carla Crifò
Thoughtful Practitioners And An Engaged Legal Community: The Impact Of The Teaching Of Procedure On The Legal Profession And On Civil Justice Reform, Janet Walker, Andrew Higgins, Thomas D. Rowe Jr., Carla Crifò
Osgoode Hall Law Journal
What difference does the teaching of civil procedure as an academic subject make to the practice of law, to the professional community in which lawyers practice, and to civil justice reform? In this article, proceduralists from Canada, England and Wales, the United States and Australia analyze the broader implications of teaching civil procedure as an integral feature of an academic legal education rather than as a part of vocational training. They consider ways in which the approach taken to the teaching of procedure in their legal system has influenced the evolution of the profession during a decade of increased public …
Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas
Shrinking Gideon And Expanding Alternatives To Lawyers, Stephanos Bibas
All Faculty Scholarship
This essay, written as part of a symposium at Washington and Lee Law School entitled Gideon at 50: Reassessing the Right to Counsel, argues that the standard academic dream of expanding the right to counsel to all criminal and major civil cases has proven to be an unattainable mirage. We have been spreading resources too thin, in the process slighting the core cases such as capital and other serious felonies that are the most complex and need the most time and money. Moreover, our legal system is overengineered, making the law too complex and legal services too expensive for …
Critical Analysis And Case Study Of [Mmtc Vs. Sterlite Industries Pvt. Ltd.]- Role Of Arbitrators, Yashvardhan Rana
Critical Analysis And Case Study Of [Mmtc Vs. Sterlite Industries Pvt. Ltd.]- Role Of Arbitrators, Yashvardhan Rana
Yashvardhan Rana
Critical analysis and Case study of [MMTC vs. Sterlite Industries Pvt. Ltd.]. Supreme Court of India M.M.T.C. Limited - Versus- Sterlite Industries (India) Ltd. Decided on: 18 November, 1996 Equivalent citations: 1996 IXAD SC 25, 1997 AIHC 605, 1996 (2) ARBLR 705 SC Bench: J Verma, B Kirpal Facts: The agreement between the parties: An agreement was entered into on 14th December, 1993 between the petitioner and the respondent by which the respondent appointed the petitioner as a consignment agent for the storage, handling and marketing of continuous cast copper rods manufactured by the respondent. The agreement provided, in so …
Sequencing The Issues For Judicial Decisionmaking: Limitations From Jurisdictional Primacy And Intrasuit Preclusion, Kevin M. Clermont
Sequencing The Issues For Judicial Decisionmaking: Limitations From Jurisdictional Primacy And Intrasuit Preclusion, Kevin M. Clermont
Florida Law Review
This Article treats the order of decision on multiple issues in a single case. That order can be very important, with a lot at stake for the court, society, and parties. Generally speaking, although the parties can control which issues they put before a judge, the judge gets to choose the decisional sequence in light of those various interests. The law sees fit to put few limits on the judge’s power to sequence. The few limits are, in fact, quite narrow in application, and even narrower if properly understood. The Steel Co.-Ruhrgas rule generally requires a federal court to decide …
Sanctions Under California Code Of Civil Procedure Section 128.5: How To Avoid Eating A Piece Of Humble Pie, Tara A. Flanagan
Sanctions Under California Code Of Civil Procedure Section 128.5: How To Avoid Eating A Piece Of Humble Pie, Tara A. Flanagan
Pepperdine Law Review
No abstract provided.
Exporting American Legal Education, James E. Moliterno
Exporting American Legal Education, James E. Moliterno
James E. Moliterno
No abstract provided.
Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno
Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno
James E. Moliterno
No abstract provided.
Professional Preparedness: A Comparative Study Of Law Graduates' Perceived Readiness For Professional Ethics Issues, James E. Moliterno
Professional Preparedness: A Comparative Study Of Law Graduates' Perceived Readiness For Professional Ethics Issues, James E. Moliterno
James E. Moliterno
No abstract provided.
The Administrative Judiciary's Independence Myth, James E. Moliterno
The Administrative Judiciary's Independence Myth, James E. Moliterno
James E. Moliterno
No abstract provided.
On The Future Of Integration Between Skills And Ethics Teaching: Clinical Legal Education In The Year 2010, James E. Moliterno
On The Future Of Integration Between Skills And Ethics Teaching: Clinical Legal Education In The Year 2010, James E. Moliterno
James E. Moliterno
Twelve years ago Anthony G. Amsterdam looked into the 21st century for a description of clinical legal education. With the decided advantage of being that much closer to the turn of the century, I think I will take a similar stab. This essay is less a contradiction of Amsterdam's predictions than it is a supplement with the advantages of the passage of time. I will adopt his 21st-century perspective and look at clinical legal education from the vantage point of the year 2010.
Practice Setting As An Organizing Theme For A Law And Ethics Of Lawyering Curriculum, James E. Moliterno
Practice Setting As An Organizing Theme For A Law And Ethics Of Lawyering Curriculum, James E. Moliterno
James E. Moliterno
No abstract provided.
Legal Education, Experiential Education, And Professional Responsibility, James E. Moliterno
Legal Education, Experiential Education, And Professional Responsibility, James E. Moliterno
James E. Moliterno
No abstract provided.
A Good Lawyer And A Good Person, James E. Moliterno
A Good Lawyer And A Good Person, James E. Moliterno
James E. Moliterno
No abstract provided.
Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno
Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno
James E. Moliterno
No abstract provided.
The Legal Skills Program At The College Of William And Mary: An Early Report, James E. Moliterno
The Legal Skills Program At The College Of William And Mary: An Early Report, James E. Moliterno
James E. Moliterno
No abstract provided.
Goodness And Humanness: Distinguishing Traits, James E. Moliterno
Goodness And Humanness: Distinguishing Traits, James E. Moliterno
James E. Moliterno
No abstract provided.
Why Formalism?, James E. Moliterno
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Lawyer As Catalyst Of Social Change, James E. Moliterno
The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Lawyer As Catalyst Of Social Change, James E. Moliterno
James E. Moliterno
No abstract provided.
Ethical Challenges To Legal Education And Conduct, James E. Moliterno
Ethical Challenges To Legal Education And Conduct, James E. Moliterno
James E. Moliterno
No abstract provided.
Public Service, Ethics, And Constitutional Practice, James E. Moliterno
Public Service, Ethics, And Constitutional Practice, James E. Moliterno
James E. Moliterno
No abstract provided.
The Joe Isuzu Dean Search: A Guide To The Interpretation Of Announcement Letters, Paul A. Lebel, James E. Moliterno
The Joe Isuzu Dean Search: A Guide To The Interpretation Of Announcement Letters, Paul A. Lebel, James E. Moliterno
James E. Moliterno
No abstract provided.
Experience And Legal Ethics Teaching, James E. Moliterno
Experience And Legal Ethics Teaching, James E. Moliterno
James E. Moliterno
No abstract provided.
Lawyer Creeds And Moral Seismography, James E. Moliterno
Lawyer Creeds And Moral Seismography, James E. Moliterno
James E. Moliterno
No abstract provided.
In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno
In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno
James E. Moliterno
No abstract provided.
An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno
An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno
James E. Moliterno
No abstract provided.
The Federal Government Lawyer's Duty To Breach Confidentiality, James E. Moliterno
The Federal Government Lawyer's Duty To Breach Confidentiality, James E. Moliterno
James E. Moliterno
The lawyer's duty of confidentiality springs from the lawyer-client relationship and its parameters are determined by the nature of that relationship. The federal government lawyer's client is like no other. The uniqueness of representing the United States calls for a unique approach to the duty of confidentiality. Unlike the private individual client, the government as a client does not speak with a single, unmistakable voice. Unlike the private entity client, the federal government has a paramount interest in the public good, including the public's right to know about government (the entity's conduct), especially its misconduct. The result is a client …
The Influence Of Systems Analysis On Criminal Law And Procedure: A Critique Of A Style Of Judicial Decision-Making, Bernard E. Harcourt
The Influence Of Systems Analysis On Criminal Law And Procedure: A Critique Of A Style Of Judicial Decision-Making, Bernard E. Harcourt
Faculty Scholarship
This draft analyzes the birth and emergence of the idea of the “criminal justice system” in the 1960s and the fundamentally transformative effect that the idea of a “system” has had in the area of criminal law and criminal procedure. The manuscript develops a critique of the systems analytic approach to legal and policy decision making. It then discusses how that critique relates to the broader area of public policy and contemporary cost-benefit analysis.
The draft identifies what it calls “the systems fallacy” or the central problem with approaching policy questions from a systems analytic approach: namely, the hidden normative …
They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal
They Were Meant For Each Other: Proffessor Edward Cooper And The Rules Enabling Act, Anthony J. Scirica, Mark R. Kravitz, David F. Levi, Lee H. Rosenthal
All Faculty Scholarship
No abstract provided.
Thinking, Big And Small, Stephen B. Burbank
Thinking, Big And Small, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Reversing Course: A Critique Of The Court Of Appeals New Rules For Unjust Enrichment And Criminal Legal Malpractice Actions, Jay C. Carlisle Ii
Reversing Course: A Critique Of The Court Of Appeals New Rules For Unjust Enrichment And Criminal Legal Malpractice Actions, Jay C. Carlisle Ii
Elisabeth Haub School of Law Faculty Publications
This article will discuss recent developments by the New York Court of Appeals on the doctrine of unjust enrichment and on the elimination of non-pecuniary damages in criminal legal malpractice actions. Specifically, the article will examine the cases of Georgia Malone & Co. v. Ralph Rieder and Dombrowski v. Bulson.