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Legal Profession Commons

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Law and Society

2009

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Articles 1 - 21 of 21

Full-Text Articles in Legal Profession

Conflict Of Interest And Disqualification In The Federal Courts: Suggestions For Reform, Arthur D. Hellman Dec 2009

Conflict Of Interest And Disqualification In The Federal Courts: Suggestions For Reform, Arthur D. Hellman

Testimony

Although federal judges do not run for election, over the last three decades the process of nomination and confirmation has become politicized to a disturbing degree. There is a real danger that the judges will come to be perceived not as dispassionate servants of the law but as political actors who pursue political or ideological agendas. One consequence of these developments is likely to be increased scrutiny of judges’ responses to motions to recuse. Here as in other aspects of the operations of the judiciary, “just trust us” is no longer sufficient.

Two provisions of Title 28 of the United …


Impeaching A Federal Judge: Some Lessons From History, Arthur D. Hellman Jun 2009

Impeaching A Federal Judge: Some Lessons From History, Arthur D. Hellman

Testimony

In August 2014, Federal District Judge Mark Fuller was arrested on a charge of misdemeanor battery after his wife called 911 from an Atlanta hotel room and told the operator, “He’s beating on me.” Judge Fuller has agreed to enter a pre-trial diversion program; if he completes the program, the criminal case against him will be dismissed. But Judge Fuller may face other consequences. The Acting Chief Judge of the Eleventh Circuit has initiated proceedings under the federal judicial misconduct statute. And some members of Congress and editorial writers have said that if Judge Fuller does not resign from the …


Superpoked And Served: Service Of Process Via Social Networking Sites, Andriana L. Shultz May 2009

Superpoked And Served: Service Of Process Via Social Networking Sites, Andriana L. Shultz

University of Richmond Law Review

No abstract provided.


The Life Science Lawyer, Erin Albert Jan 2009

The Life Science Lawyer, Erin Albert

Butler University Books

Health care and life sciences are increasingly complex. There are many global players in life sciences and healthcare-patients, governments, hospitals, managed care companies, pharmaceutical, biotechnology, and medical device companies and pharmacies are only a few. With this increasing complexity comes a higher demand for hybrid professionals who can translate both the science as well as the legal issues surrounding this complicated environment. In the US, there are thousands of life science lawyers--people who have both a scientific/healthcare background and also who have gone on to law school (or in one case, vice versa). This book explores the following through interviews: …


Reflections On Recommendation 12, Naiomi Metallic Jan 2009

Reflections On Recommendation 12, Naiomi Metallic

Reports & Public Policy Documents

This article focuses on the Marshall Commission Report’s specific recommendation for increased representation of racialized persons within the judiciary.


Men And Women Of The Bar: The Impact Of Gender On Legal Careers, Kenneth G. Dau-Schmidt, Marc S. Galanter, Kaushik Mukhopadhaya, Kathleen E. Hull Jan 2009

Men And Women Of The Bar: The Impact Of Gender On Legal Careers, Kenneth G. Dau-Schmidt, Marc S. Galanter, Kaushik Mukhopadhaya, Kathleen E. Hull

Michigan Journal of Gender & Law

In the last three and a half decades, the legal profession has undergone a dramatic transformation in the gender composition of its members. During that time, the number of women applying to law school and entering the profession has gone from a few gallant pioneers to roughly equal representation with that of men. Between 1970 and 2000, the proportion of first-year law students who were female climbed from 8% to 49%. Because the existing bar consisted primarily of male lawyers, the percent of women in the legal profession changed more slowly, but still rose dramatically. Women, as a percent of …


Procedural Extremism, Melissa R. Hart Jan 2009

Procedural Extremism, Melissa R. Hart

Melissa R Hart

No abstract provided.


Where’S The Penalty Flag? The Unauthorized Practice Of Law, The Ncaa, And Athletic Compliance Directors, Megan Fuller Jan 2009

Where’S The Penalty Flag? The Unauthorized Practice Of Law, The Ncaa, And Athletic Compliance Directors, Megan Fuller

NYLS Law Review

No abstract provided.


Preserving Attorney-Client Privilege In The Age Of Electronic Discovery, Anthony Francis Bruno Jan 2009

Preserving Attorney-Client Privilege In The Age Of Electronic Discovery, Anthony Francis Bruno

NYLS Law Review

No abstract provided.


Techno-Jury: Techniques In Verbal And Visual Persuasion, Gregory J. Morse Jan 2009

Techno-Jury: Techniques In Verbal And Visual Persuasion, Gregory J. Morse

NYLS Law Review

No abstract provided.


Lawyers And The Power Of Community: The Story Of South Ardmore, 42 J. Marshall L. Rev. 595 (2009), Corey S. Shdaimah Jan 2009

Lawyers And The Power Of Community: The Story Of South Ardmore, 42 J. Marshall L. Rev. 595 (2009), Corey S. Shdaimah

UIC Law Review

No abstract provided.


Saul Alinsky And The Litigation Campaign To Win The Right To Same-Sex Marriage, 42 J. Marshall L. Rev. 643 (2009), Gerald N. Rosenberg Jan 2009

Saul Alinsky And The Litigation Campaign To Win The Right To Same-Sex Marriage, 42 J. Marshall L. Rev. 643 (2009), Gerald N. Rosenberg

UIC Law Review

No abstract provided.


The Feedback Loop, James Gibson Jan 2009

The Feedback Loop, James Gibson

Law Faculty Publications

The author discusses how the "feedback loop" exists in a great many areas of the law. The law frequently derives its content from the everyday practices of those it seeks to regulation.


Bringing Sexual Orientation And Gender Identity Into The Tax Classroom, Anthony C. Infanti Jan 2009

Bringing Sexual Orientation And Gender Identity Into The Tax Classroom, Anthony C. Infanti

Articles

A recent piece in the Journal of Legal Education analyzing student surveys by the Law School Admission Council reports that, despite improvement in the past decade, LGBT students still experience a law school climate in which they encounter substantial discrimination both inside and outside the classroom. Included among the list of "best practices" to improve the law school climate for LGBT students was a recommendation to incorporate discussions of LGBT issues in non-LGBT courses, such as tax. In a timely coincidence, the Section on Sexual Orientation and Gender Identity Issues held a day-long program at the 2009 AALS annual meeting …


Voices Saved From Vanishing, Vivian Grosswald Curran Jan 2009

Voices Saved From Vanishing, Vivian Grosswald Curran

Articles

Jurists Uprooted: German-speaking Émigré Lawyers in Twentieth-century Britain examines the lives of eighteen émigré lawyers and legal scholars who made their way to the United Kingdom, almost all to escape Nazism, and analyzes their impact on the development of English law.


The Burden Of Knowledge, Christian Turner Jan 2009

The Burden Of Knowledge, Christian Turner

Scholarly Works

Sometimes we are better off not knowing things. While we often hear that "ignorance is bliss," there has not been a comprehensive consideration in the legal academy of the virtues of ignorance and its regulation. Though the distribution of knowledge, like the distribution of other goods, is affected both directly and indirectly by law, several characteristics of knowledge distinguish it from other kinds of property. Much has been written about the impact of the nonrival and nonexclusive nature of knowledge on its production and distribution. This Article centers around two other attributes of knowledge that combine to create a special …


Observations On Leadership: Moral And Otherwise, 43 J. Marshall L. Rev. 159 (2009), William Arthur Wines Jan 2009

Observations On Leadership: Moral And Otherwise, 43 J. Marshall L. Rev. 159 (2009), William Arthur Wines

UIC Law Review

No abstract provided.


The Anatomy Of A "Pantsuit": Performance, Proxy And Presence For Women Of Color In Legal Education, Deleso Alford Washington Jan 2009

The Anatomy Of A "Pantsuit": Performance, Proxy And Presence For Women Of Color In Legal Education, Deleso Alford Washington

Journal Publications

This essay is intended to begin a dialogue on how the presence of women of color standing at the intersection of gender, race and class can don a pantsuit or not and still experience under-discussed social realities that influence the attainment of 21st Century leadership roles in the legal academy.


Indiana's Latest Study Of The Legal Needs Of The Poor, Amy Applegate, Monica A. Fennell Jan 2009

Indiana's Latest Study Of The Legal Needs Of The Poor, Amy Applegate, Monica A. Fennell

Articles by Maurer Faculty

No abstract provided.


Against Practice, Anthony V. Alfieri Jan 2009

Against Practice, Anthony V. Alfieri

Michigan Law Review

This Review examines the theory/practice dichotomy in legal education through the prism of the Carnegie Foundation's Educating Lawyers: Preparation for the Profession of Law. Descriptively, it argues that the Foundation's investigation of law school curricular deficiencies in the areas of clinical-lawyer skills, professionalism, and public service overlooks the relevance of critical pedagogies in teaching students how to deal with difference-based identity and how to build cross-cultural community in diverse, multicultural practice settings differentiated by mutable and immutable characteristics such as class, gender, and race. Prescriptively, it argues that the Foundation's remedial call for the curricular integration of clinical lawyer …


Bad Apples, Bad Lawyers Or Bad Decisionmaking: Lessons From Psychology And From Lawyers In The Dock, Leslie C. Levin Dec 2008

Bad Apples, Bad Lawyers Or Bad Decisionmaking: Lessons From Psychology And From Lawyers In The Dock, Leslie C. Levin

Leslie C. Levin

Richard Abel’s book, Lawyers in the Dock: Learning from Attorney Disciplinary Proceedings, presents six detailed case studies of New York lawyers who engaged in serious misconduct. He uses these case studies to carefully explore the social, psychological and structural conditions of lawyer deviance that lead to betrayals of trust. This essay considers what additional light some of the psychological literature, in particular, might shed on the behaviors of Abel’s lawyers for the purposes of better understanding how to prevent lawyer misconduct. More specifically, it considers how social and psychological processes may help to explain the trajectory of lawyer misconduct and …