Legal Profession Commons^™

Letter Of Appreciation: Peter Murphy Retires After A Lifetime Of Dedication As Counsel To The Commandant Of The Marine Corps, James E. Baker

Georgetown Law Faculty Publications and Other Works

This letter reflects upon the retirement of Peter Murphy after 20 years of service as counsel to the commandant of the Marine Corps. Chief Judge Baker discusses Peter Murphy’s moral courage, common sense, and unflinching dignity while serving as counsel. He relates how Murphy has an abiding commitment to the great institutions of his life and of our lives: the rule of law, the military, and the Marine Corps.

The Rule Of Law In The Reform Of Legal Education: Teaching The Legal Mind In Japanese Law Schools, James Maxeiner

All Faculty Scholarship

• a. The Rule of Law is at the heart of the present legal reform.
• b. There is an international consensus about basic elements of the Rule of Law.
• c. Legal methods are central to the Rule of Law. But different legal methods are used to realize the Rule of Law.
• d. Teaching legal methods, i.e., teaching to think like a lawyer, is at the heart of that which is professional in legal education.
• e. The present legal reform invites Japanese law schools to teach legal methods.

Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman

Deborah M. Weissman

The article examines the tension between the principles of the Rule of Law and cultural norms of self-sufficiency. It begins by reviewing the principles of the Rule of Law as an ideal, the pursuit of which has led to historical efforts to meet the legal needs of the poor. It then examines recent legal events including federal statutory changes, three Supreme Court cases, and a federal circuit court case which have limited legal resources for those who cannot pay. The article then examines these developments in the context of a sea-change in the political environment of the nation, coinciding with …

The Constitutional Duty Of A National Security Lawyer In A Time Of Terror, James E. Baker

Georgetown Law Faculty Publications and Other Works

National security lawyers are probably not in the forefront of the public’s mind when one refers to government lawyers, but they serve a vital mission within the public sector. This article explores the duties and responsibilities inherent in that mission, and discusses the continuing role of the national security lawyer after the terrorist attacks of September 11th, 2001.

Coping With Partiality: Justice, The Rule Of Law, And The Role Of Lawyers, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Lawyers help ameliorate a particular instance of what the author calls the problem of interest--the partiality problem. For he believes that it falls to law professors to imbue in their students an understanding of the important role that lawyers play in society, if for no other reason than they will need some emotional armament from the slings and arrows of incessant lawyer jokes and worse. In explaining how the existence of lawyers helps address the problem of partiality, the author also explains how adherence to property rights, freedom of contract, and the rule of law--concepts long disparaged by law professors--help …

Projecting The Washington College Of Law Into The Future, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Bar In America: The Role Of Elitism In A Liberal Democracy, Philip S. Stamatakos

University of Michigan Journal of Law Reform

Part I of this Note argues that liberal democracy, the free market, and science have contributed to the increasing atomization of American society. When each person and her views are glorified, universal standards of good become undermined, values become relative, and a sense of community becomes evanescent. Part II argues that individualism is incapable of accounting for the commonweal and therefore is inherently amoral because morality is concerned largely with determining when an individual's will should be subservient to the will of others. Part III considers the nature of elitism and equality and attributes the demise of elitist institutions in …

Clerks In The Maze, Pierre Schlag

Publications

No abstract provided.

Normativity And The Politics Of Form, Pierre Schlag

Publications

No abstract provided.

Empathy, Legal Storytelling, And The Rule Of Law: New Words, Old Wounds?, Toni M. Massaro

Michigan Law Review

The legal storytelling theme that is the focus of this symposium is part of a larger, ongoing intellectual movement. American legal scholarship of the past several decades has revealed deep dissatisfaction with the abstract and collective focus of law and legal discourse. The rebellion against abstraction has, of late, been characterized by a "call to context." One strand of this complex body of thought argues that law should concern itself more with the concrete lives of persons affected by it. One key word in the dialogue is the term "empathy," which appears frequently in the work of critical legal studies, …

Federal Criminal Appellate Practice In The Second Circuit, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.

Particularism And The Struggle For Coherence In The Common Law Literary Tradition, E. P. Krauss

Touro Law Review

No abstract provided.

A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel

Publications

No abstract provided.

Procedural And Substantive Problems In Complex Litigation Arising From Disasters, Jack B. Weinstein

Touro Law Review

No abstract provided.

Moral Responsibility Needed For 'Just Law'

William Harvey (1966-1971)

No abstract provided.

The Role Of Law And The Function Of The Lawyer In The Developing Countries, Wolfgang G. Friedmann

Vanderbilt Law Review

In the majority of contemporary democratic societies, the role of the lawyer is important, in some cases (such as the United States) predominant. This is so partly because a democratic constitution and legal order--for all the differences between the various types of democracy--are based on a delicate and precarious balance of functions and powers, which makes the role of the lawyer, as a trained balancer, important. But it is also connected with the fact that in the formative era of modern democracies, especially throughout the nineteenth and early twentieth centuries, the predominant economic philosophy of democracy was that of laissez …

Instruction On Communism And Its Contrast With Liberty Under Law, Lewis F. Powell, Jr.

Powell Speeches

No abstract provided.

The Lawyer And The Public, Thomas Frank Konop

Journal Articles

In this address, I am purposely omitting a discussion of the subject of "Delays in Litigation" as that matter was covered by the address of Judge Cain on last Monday. Cherishing the hope that my talk may bring about a better acquaintance with, and a better understanding of the lawyer, I propose to address myself to the general public, rather than to my professional brethren. If any of you have ever attended an annual bar-banquet and there heard the usual and orthodox address on the legal profession, you undoubtedly went home impressed with the idea-whether you believed it or not-that …