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Selected Works

2012

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Articles 1 - 30 of 30

Full-Text Articles in Legal Profession

Law And Leadership: Integrating Leadership Studies Into The Law School Curriculum, Paula A. Monopoli, Susan Mccarty Dec 2012

Law And Leadership: Integrating Leadership Studies Into The Law School Curriculum, Paula A. Monopoli, Susan Mccarty

Paula A Monopoli

Leadership includes the ability to persuade others to embrace one’s ideas and to act upon them. Teaching law students the art of persuasion through advocacy is at the heart of legal education. But historically law schools have not included leadership studies in the curriculum. This book is one of the first to examine whether and how to integrate the theory and practice of leadership studies into legal education and the legal profession. Interdisciplinary in its scope, with contributions from legal educators and practitioners, the book defines leadership in the context of the legal profession and explores its challenges in legal …


Books Of Legal And Business Forms: Encyclopedia Of General Business And Legal Forms, By Clarence F. Birdseye; Manual Of Substantive Law Forms, By Clarence F. Birdseye, Robert C. Brown Dec 2012

Books Of Legal And Business Forms: Encyclopedia Of General Business And Legal Forms, By Clarence F. Birdseye; Manual Of Substantive Law Forms, By Clarence F. Birdseye, Robert C. Brown

Dr Robert Brown

No abstract provided.


Five Useful Online Resources For Solo Practitioners, Jennifer R. Mart-Rice Nov 2012

Five Useful Online Resources For Solo Practitioners, Jennifer R. Mart-Rice

Jennifer Mart-Rice

No abstract provided.


Ode To Judge Leon D. Lazer, Martin A. Schwartz Nov 2012

Ode To Judge Leon D. Lazer, Martin A. Schwartz

Martin A. Schwartz

No abstract provided.


Introductory Remarks To The Peter M. Cicchino Award Symposium & Ceremony, Claudio Grossman Oct 2012

Introductory Remarks To The Peter M. Cicchino Award Symposium & Ceremony, Claudio Grossman

Claudio M. Grossman

No abstract provided.


Introductory Remarks To "Historical Perspectives Of Pro Bono Lawyering", Claudio Grossman Oct 2012

Introductory Remarks To "Historical Perspectives Of Pro Bono Lawyering", Claudio Grossman

Claudio M. Grossman

No abstract provided.


Introduction: Symposium On Lawyers’ Special Responsibilities As Public Citizens In A Rapidly Changing World , Susan D. Carle Oct 2012

Introduction: Symposium On Lawyers’ Special Responsibilities As Public Citizens In A Rapidly Changing World , Susan D. Carle

Susan D. Carle

No abstract provided.


Re-Envisioning Models For Pro Bono Lawyering: Some Historical Reflections, Susan D. Carle Oct 2012

Re-Envisioning Models For Pro Bono Lawyering: Some Historical Reflections, Susan D. Carle

Susan D. Carle

No abstract provided.


Towards Parity In Bar Passage Rates And Law School Performance: Exploring The Sources Of Disparities Between Racial And Ethnic Groups, Katherine L. Vaughns Oct 2012

Towards Parity In Bar Passage Rates And Law School Performance: Exploring The Sources Of Disparities Between Racial And Ethnic Groups, Katherine L. Vaughns

Katherine L. Vaughns

No abstract provided.


Foreword: The Way To Carnegie, Sharon L. Beckman, Paul R. Tremblay Aug 2012

Foreword: The Way To Carnegie, Sharon L. Beckman, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


Law Firm Mergers: Finding The Right Fit, Mark E. Pickering Jul 2012

Law Firm Mergers: Finding The Right Fit, Mark E. Pickering

Mark E Pickering

Mergers and acquisitions (M&A) can be an extremely valuable tool to transform organisations and to accelerate growth strategies. However, poorly conceived and implemented acquisitions can result in significant distraction, substantial financial write-offs and, in extreme cases, put the acquirer’s future in jeopardy. Directors play an important role in the M&A decision process and should delve into key components of proposed acquisitions to improve M&A outcomes.


Gender And Securities Law In The Supreme Court, Lyman Johnson, Michelle M. Harner, Jason A. Cantone Jun 2012

Gender And Securities Law In The Supreme Court, Lyman Johnson, Michelle M. Harner, Jason A. Cantone

Michelle M. Harner

The 2010 appointment of Elena Kagan to the United States Supreme Court meant that, for the first time, three female justices would serve together on that court. Less clear is whether Justice Kagan’s gender will really matter in how she votes as a justice. This question is an especially visible aspect of a larger issue: do female judges display gendered voting patterns in the cases that come before them? This article makes a novel contribution to the growing literature on female voting patterns. We investigated whether female justices on the United States Supreme Court voted differently than, or otherwise influenced, …


The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola May 2012

The Proscription Of Incorporated Law Practices (Ilps) In Nigeria: The Legal And Constitutional Issues Arising, Abdullahi Saliu Ishola

Abdullahi Saliu Ishola

This paper critically examines the legality and constitutionality of the provision of Rule 5 sub-rule (5) of the Rules of Professional Conduct for Legal Practitioners, 2007 (the Rules), prohibiting the practice of law in Nigeria as a corporation. The appraisal is done on the scales of the provisions of Sections 40 and 42 of the 1999 Constitution of the Federal Republic of Nigeria, as amended (the Constitution), providing for rights to freedom of association and peaceful assembly and freedom from discrimination, respectively; on one hand, and, Section 18 of the Companies and Allied Matters Act (CAMA), allowing any two or …


Electronic Communications And The 2002 Revisions To The Model Rules, Louise L. Hill May 2012

Electronic Communications And The 2002 Revisions To The Model Rules, Louise L. Hill

Louise L Hill

No abstract provided.


"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan Apr 2012

"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan

Donald J. Kochan

As creatures of thought, we are thinking all the time, but that does not necessarily mean that we are thinking well. Answering the law school exam, like solving any problem, requires that the student exercise thinking in an effective and productive manner. This Article provides some guidance in that pursuit. Using John Dewey’s suspended conclusion concept for effective thinking as an organizing theme, this Article presents one basic set of lessons for thinking through issues that arise regarding the approach to a law school exam. This means that the lessons contained here help exercise thought while taking the exam — …


Lawyers, Not Widgets: Why Private-Sector Attorneys Must Unionize To Save The Legal Profession, Melissa D. Mortazavi Mar 2012

Lawyers, Not Widgets: Why Private-Sector Attorneys Must Unionize To Save The Legal Profession, Melissa D. Mortazavi

Melissa Mortazavi

No abstract provided.


Judicial Externship Evalution Online Version, Taras Zenyuk Mar 2012

Judicial Externship Evalution Online Version, Taras Zenyuk

Taras Zenyuk

You who are on the road must have a code that you can live by and so become yourself because the past is just a good bye. Teach your children well their father's hell did slowly go by and feed them on your dreams the one they picked the one you'll know by...


Rodrigo's Riposte: The Mismatch Theory Of Law School Admissions, Richard Delgado Mar 2012

Rodrigo's Riposte: The Mismatch Theory Of Law School Admissions, Richard Delgado

Richard Delgado

The chronicle proceeds as a dialogue between the fictional alter ego, Rodrigo Crenshaw, and an older professor. After meeting in Rodrigo’s city, the two friends, joined later by “Giannina,” go out to dinner. Rodrigo, who is on his law school’s admissions committee, has been thinking about affirmative action. Prompted by his conservative colleague “Laz,” Rodrigo has formulated a several-pronged attack on Sander’s premise that “stairstep” admissions (and, later, law firm hiring) just hurts the cause of black lawyers. The professor presses Rodrigo to defend his views, and the arrival of Giannina requires him to articulate them even more. You will …


Teaching Professional Skills And Values: An Alumni Assessment, Stephen Gerst, Maria Bahr Dec 2011

Teaching Professional Skills And Values: An Alumni Assessment, Stephen Gerst, Maria Bahr

Stephen A Gerst

No abstract provided.


Section 7433’S Statute Of Limitations: How Courts Have Wrongly Turned A Taxpayer’S Exclusive Sword Into The Irs’ Shield Against Damages, Diana Leyden Dec 2011

Section 7433’S Statute Of Limitations: How Courts Have Wrongly Turned A Taxpayer’S Exclusive Sword Into The Irs’ Shield Against Damages, Diana Leyden

Diana L Leyden

Despite the importance of section 7433 to check government unauthorized tortious collection activity, federal courts have turned section 7433 into a shield against excessive or unsupported IRS action, rather than maintain it as the small, but important, sword that Congress intended to give taxpayer. This article contributes to the sparse literature on section 7433 by demonstrating that federal courts have effectively vitiated section 7433 by misreading its statute of limitations to: (1) require a taxpayer to be put on notice that all collection action taken by the IRS is unauthorized and to therefore file section 7433 actions from the first …


Why Context Matters, Lynn Mather, Leslie C. Levin Dec 2011

Why Context Matters, Lynn Mather, Leslie C. Levin

Leslie C. Levin

No abstract provided.


Ip And Entrepreneurship In An Evolving Economy: A Case Study, Michael Risch Dec 2011

Ip And Entrepreneurship In An Evolving Economy: A Case Study, Michael Risch

Michael Risch

What if you built an intellectual property clinic and hardly anyone came? This brief book chapter is a case study of the first two years of a new entrepreneurship law clinic in an evolving economy: West Virginia. While the clinic had entrepreneurial clients, those clients had developed little intellectual property. This chapter takes a closer look at the chicken-and-egg problem of knowledge development in an evolving economy, and concludes that law clinics can only support IP growth - they cannot create it on their own. The chapter then generalizes from the experience to suggest ways that law clinics can support …


How Markets Work: The Lawyer's Version, W. Mark C. Weidemaier, Mitu Gulati Dec 2011

How Markets Work: The Lawyer's Version, W. Mark C. Weidemaier, Mitu Gulati

W. Mark C. Weidemaier

In this article, we combine two sources of data to shed light on the nature of transactional legal work. The first consists of stories about contracts that circulate widely among elite transactional lawyers. Surprisingly, the stories portray lawyers as ineffective market actors who are uninterested in designing superior contracts, who follow rather than lead industry standards, and who depend on governments and other outside actors to spur innovation and correct mistakes. We juxtapose these stories against a dataset of sovereign bond contracts produced by these same lawyers. While the stories suggest that lawyers do not compete or design innovative contracts, …


Rehabilitating Lawyers: Perceptions Of Deviance And Its Cures In The Lawyer Reinstatement Process, Bruce A. Green, Jane Moriarty Dec 2011

Rehabilitating Lawyers: Perceptions Of Deviance And Its Cures In The Lawyer Reinstatement Process, Bruce A. Green, Jane Moriarty

Jane Campbell Moriarty

State courts’ approach to lawyer admissions and discipline has not changed fundamentally in the past century. Courts still place faith in the idea that “moral character” is a stable trait that reliably predicts whether an individual will be honest in any given situation. Although research in neuroscience, cognitive science, psychiatry, research psychology, and behavioral economics (collectively “cognitive and social science”) has influenced prevailing concepts of personality and trustworthiness, courts to date have not considered whether they might change or refine their approach to “moral character” in light of scientific insights. This Article examines whether courts should reevaluate how they decide …


Human Flotsam, Legal Fallout: Japan's Tsunami And Nuclear Meltdown, Robert B. Leflar, Ayako Hirata, Masayuki Murayama, Shozo Ota Dec 2011

Human Flotsam, Legal Fallout: Japan's Tsunami And Nuclear Meltdown, Robert B. Leflar, Ayako Hirata, Masayuki Murayama, Shozo Ota

Robert B Leflar

We report on our field research in Fukushima Prefecture in July 2011. We interviewed legal professionals and community leaders in Fukushima City and in towns inundated by the March 2011 tsunami and within a few kilometers of Fukushima No. 1 nuclear reactor. We catalogued many of the extensive variety of problems faced by Fukushima residents, both evacuees and those who remained in their homes. Many of these problems, both legal and non-legal, arose from government actions as the disaster unfolded and afterwards, including the administration of the initial program for provisional compensation for disaster victims. We learned that in the …


The Conundrum Of Cameras In The Courtroom, Nancy S. Marder Dec 2011

The Conundrum Of Cameras In The Courtroom, Nancy S. Marder

Nancy S. Marder

In spite of a communications revolution that has given the public access to new media in new places, the revolution has been stopped cold at the steps to the U.S. federal courthouse. The question whether to allow television cameras in federal courtrooms has aroused strong passions on both sides, and Congress keeps threatening to settle the debate and permit cameras in federal courts. Proponents of cameras in federal courtrooms focus mainly on the need to educate the public and to make judges accountable, whereas opponents focus predominantly on the ways in which cameras can affect participants’ behavior and compromise the …


La Necesidad De Regular La Docencia Universitaria En Chile: Una Propuesta De Lege Ferenda, Fernando Muñoz Dec 2011

La Necesidad De Regular La Docencia Universitaria En Chile: Una Propuesta De Lege Ferenda, Fernando Muñoz

Fernando Muñoz

No abstract provided.


Misbehaving Lawyers: Cross Country Comparisons, Leslie C. Levin Dec 2011

Misbehaving Lawyers: Cross Country Comparisons, Leslie C. Levin

Leslie C. Levin

Lawyer misbehavior occurs in every country and regulators often struggle to address it effectively. This article looks at six case studies of disciplined lawyers in Australia, Canada, the Netherlands, New Zealand and the United Kingdom. It notes the similarities in the cases and to disciplined lawyers previously described in case studies in the United States. In particular, these case studies involved male lawyers predominantly working in solo or small firms who were insufficiently exposed to positive professional values early in practice. They were willing to lie to achieve their goals and were motivated, at least in part, by money. The …


Divorce Law Advice: An Overview Of Different Spousal Support Options, William Thies Dec 2011

Divorce Law Advice: An Overview Of Different Spousal Support Options, William Thies

William Thies

Divorce involves theexpiration of one’s marriage, authorized legally by an officiating body or a court. When spouses are in the process of ending their marriage; it is necessary to brief one on the proper proceedings.


Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel S. Terry, Steve Mark, Tahlia Gordon Dec 2011

Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel S. Terry, Steve Mark, Tahlia Gordon

Laurel S. Terry

Globalization and technology have changed the practice of law in dramatic ways.  This is true not only in the United States, but around the world. In this article, author Laurel Terry, along with Australian regulators Steve Mark and Tahlia Gordon, documented some of these global trends in lawyer regulation.  Their article concluded that regulators face issues in common regarding “who” is regulated, “what” or whom is regulated, “when” regulation occurs, “where” regulation occurs, “how” it occurs, and “why” regulation occurs. 
 
This article uses this who-what-when-where-why-and-how framework to discuss events around the world.  These developments include the 2007 UK Legal …