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Full-Text Articles in Legal Profession

Book Review | Practice Perspectives: Vault’S Guide To Legal Practice Areas, Tina M. Brooks May 2016

Book Review | Practice Perspectives: Vault’S Guide To Legal Practice Areas, Tina M. Brooks

Tina M. Brooks

In this book review, Tina M. Brooks discusses Practice Perspectives: Vault’s Guide to Legal Practice Areas by Rachel Marx Boufford (editor).


Voices Lost And Found: Training Ethical Lawyers For Children, William Kell Dec 2015

Voices Lost And Found: Training Ethical Lawyers For Children, William Kell

William Kell

Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997


The Lawyering Process, Frederick Zemans Oct 2015

The Lawyering Process, Frederick Zemans

Frederick H. Zemans

No abstract provided.


Evaluation Of The Ontario Mediation Program (Rule 24.1) Final Report: The First 23 Months, Robert Hann, Carl Baar, Lee Axon, Susan Binnie, Frederick H Zemans Oct 2015

Evaluation Of The Ontario Mediation Program (Rule 24.1) Final Report: The First 23 Months, Robert Hann, Carl Baar, Lee Axon, Susan Binnie, Frederick H Zemans

Frederick H. Zemans

No abstract provided.


The Politics Of Misconduct: Rethinking How We Regulate Lawyer-Politicians, 57 Rutgers L. Rev. 839 (2005), Kevin Hopkins Jul 2015

The Politics Of Misconduct: Rethinking How We Regulate Lawyer-Politicians, 57 Rutgers L. Rev. 839 (2005), Kevin Hopkins

Kevin L. Hopkins

No abstract provided.


Law Firms, Technology, And The Double-Billing Dilemma, 12 Geo. J. Legal Ethics 95 (1998), Kevin Hopkins Jul 2015

Law Firms, Technology, And The Double-Billing Dilemma, 12 Geo. J. Legal Ethics 95 (1998), Kevin Hopkins

Kevin L. Hopkins

No abstract provided.


Dear Sir/Madam: The Lost Art Of Letter Writing, 19 Perspectives: Teaching Legal Res. & Writing 62 (2010), Maureen Collins Jul 2015

Dear Sir/Madam: The Lost Art Of Letter Writing, 19 Perspectives: Teaching Legal Res. & Writing 62 (2010), Maureen Collins

Maureen B. Collins

No abstract provided.


Why Say No To Multidisciplinary Practice?, Edieth Wu Jul 2015

Why Say No To Multidisciplinary Practice?, Edieth Wu

Edieth Y. Wu

No abstract provided.


Legal Interviewing And Counseling In A Nutshell, Thomas Shaffer, James Elkins Jun 2015

Legal Interviewing And Counseling In A Nutshell, Thomas Shaffer, James Elkins

Thomas L. Shaffer

In today's world, lawyers tend to become identified more with law and less with people, the public interest, social welfare and the common good. However, many lawyers are sensitive, people-oriented professionals who relate to their clients as persons and not as problems. The authors argue that counseling is the heart and soul of lawyering, and that it is an integral part of the legal education.


Legal Aid 1900 To 1930: What Happened To Law Reform?, Mark Spiegel May 2015

Legal Aid 1900 To 1930: What Happened To Law Reform?, Mark Spiegel

Mark Spiegel

This article offers a counter narrative to the conventional description of legal aid in the United States. By offering this counter narrative it focuses us on certain enduring difficulties that any legal aid or legal services program has to face if it wants to engage in reform efforts: problems of funding and problems of the social and historical context. Conventional wisdom has it that legal aid until the 1960s was largely devoted to individual cases and that it was not until the advent of federally-funded legal services that law reform and social change became part of the delivery of legal ...


Finding A Suitable Lawyer: Why Consumers Can't Always Get What They Want And What The Legal Profession Should Do About It, Linda Morton Feb 2015

Finding A Suitable Lawyer: Why Consumers Can't Always Get What They Want And What The Legal Profession Should Do About It, Linda Morton

Linda H Morton

This article criticizes the inadequacy of information available to consumers seeking an attorney compatible with their needs. The article describes why such inadequacy exists – in part because the legal profession distribute information to consumers through the narrow lens of attorney self-regulation rather than through the broader lens of consumer need. Yet, in striving to maintain their autonomy, lawyers have only perpetuated the enormous gap between information the public would like to have and that which they actually receive. The article explores sources of information consumers have access to, why such sources are so limited, and finally, how the problem might ...


You Really Have Come A Long Way: An Analysis And Comparison Of Role Conflict Experienced By Women Attorneys Today And By Educated Women Twenty Years Ago, Jackie Slotkin Feb 2015

You Really Have Come A Long Way: An Analysis And Comparison Of Role Conflict Experienced By Women Attorneys Today And By Educated Women Twenty Years Ago, Jackie Slotkin

Jacquelyn H. Slotkin

No abstract provided.


On The Rise Of Shareholder Primacy, Signs Of Its Fall, And The Return Of Managerialism (In The Closet), Lynn Stout Feb 2015

On The Rise Of Shareholder Primacy, Signs Of Its Fall, And The Return Of Managerialism (In The Closet), Lynn Stout

Lynn A. Stout

In their 1932 opus "The Modern Corporation and Public Property," Adolf Berle and Gardiner Means famously documented the evolution of a new economic entity—the public corporation. What made the public corporation “public,” of course, was that it had thousands or even hundreds of thousands of shareholders, none of whom owned more than a small fraction of outstanding shares. As a result, the public firm’s shareholders had little individual incentive to pay close attention to what was going on inside the firm, or even to vote. Dispersed shareholders were rationally apathetic. If they voted at all, they usually voted ...


The Perilous Psychology Of Public Defending, Scott Howe Dec 2014

The Perilous Psychology Of Public Defending, Scott Howe

Scott W. Howe

This article examining the ethical challenges confronting most public defender attorneys is framed as a fictional talk presented by P.D. Atty, a former public defender attorney, at a small conference of new public defender attorneys. The presentation asserts that public defenders typically face psychological obstacles to providing zealous advocacy for all of their clients and that an essential aspect of the remedy starts with recognition of these psychological barriers. The author contends that these challenges relate to a typically unacknowledged aversion to representing certain kinds of criminal defendants. Contrary to common supposition, the strongest aversion is not to representation ...


On The Battlefield Of Merit: Harvard Law School, The First Century, Daniel Coquillette, Bruce Kimball Dec 2014

On The Battlefield Of Merit: Harvard Law School, The First Century, Daniel Coquillette, Bruce Kimball

Daniel R. Coquillette

Harvard Law School is the oldest and, arguably, the most influential law school in the nation. U.S. presidents, Supreme Court justices, and foreign heads of state, along with senators, congressional representatives, social critics, civil rights activists, university presidents, state and federal judges, military generals, novelists, spies, Olympians, film and TV producers, CEOs, and one First Lady have graduated from the school since its founding in 1817.
During its first century, Harvard Law School pioneered revolutionary educational ideas, including professional legal education within a university, Socratic questioning and case analysis, and the admission and training of students based on academic ...


Representing In-Between: Law, Anthropology, And The Rhetoric Of Interdisciplinarity, Annelise Riles Dec 2014

Representing In-Between: Law, Anthropology, And The Rhetoric Of Interdisciplinarity, Annelise Riles

Annelise Riles

This article considers how lawyers and nonlawyers discuss the contribution of interdisciplinary scholarship to the law as a means of rethinking the relationship between these differences. The article first examines the arguments of the nineteenth-century lawyer Henry Maine and of the twentieth-century anthropologist Edmund Leach on the subject, and notes the difference between Maine's emphasis on "movement" from one theoretical discovery to another and Leach's emphasis on creating relationships between disciplines by exploiting a "space in between" the two. Then, turning to contemporary scholarship in legal anthropology, "Law and Society," and the sociology of law, the article critiques ...


Exporting The Legal Incubator: A Conversation With Fred Rooney, Fred Rooney, Justin Steele Dec 2014

Exporting The Legal Incubator: A Conversation With Fred Rooney, Fred Rooney, Justin Steele

Fred Rooney

A legal conversion between Justin Steele, Executive Articles Editor of the UMass Law Review and Fred Rooney, Director of the International Justice Center for Post-Graduate Development at Touro Law Center.


A Tribute To Paul Szasz, John Barceló Iii, David Wippman Dec 2014

A Tribute To Paul Szasz, John Barceló Iii, David Wippman

John J. Barceló III

No abstract provided.


Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea Curcio, Carol Chomsky, Eileen Kaufman Nov 2014

Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea Curcio, Carol Chomsky, Eileen Kaufman

Eileen Kaufman

The false dichotomy between achieving diversity and rewarding merit frequently surfaces in discussions about decisions on university and law school admissions, scholarships, law licenses, jobs, and promotions. “Merit” judgments are often based on the results of standardized tests meant to predict who has the best chance to succeed if given the opportunity to do so. This Article criticizes over-reliance on standardized tests and responds to suggestions that challenging the use of such tests reflects a race-comes-first approach that chooses diversity over merit. Discussing the firefighter exam that led to the Supreme Court decision in Ricci v. DiStefano, as well as ...


Lawyers Beware: You Are What You Post! The Case For Integrating Cultural Competence, Legal Ethics And Social Media, Jan Jacobowitz Dec 2013

Lawyers Beware: You Are What You Post! The Case For Integrating Cultural Competence, Legal Ethics And Social Media, Jan Jacobowitz

Jan L Jacobowitz

First learn the meaning of what you say, and then speak. --Epictetus

Words used carelessly, as if they… do… not matter in any serious way, often allow… otherwise well-guarded truths to seep through. --Douglas Adams

Happy Mother’s Day to all the crack hoes out there. It's never too late to tie your tubes, clean up your life and make difference to someone out there that deserves a better mother. --Assistant State Attorney in Orange County, Florida

No thought left unspoken…social media networking -- ubiquitous in our society -- provides the opportunity for individuals to share their moment-to-moment thoughts and ...


Commercial Arbitration And Settlement: Empirical Insights Into The Roles Arbitrators Play, Thomas Stipanowich, Zachary Ulrich Dec 2013

Commercial Arbitration And Settlement: Empirical Insights Into The Roles Arbitrators Play, Thomas Stipanowich, Zachary Ulrich

Thomas J. Stipanowich

A wide-ranging new Straus Institute for Dispute Resolution Survey of experienced arbitrators, conducted with the cooperation of the College of Commercial Arbitrators, reflects the growing professionalization of commercial arbitration, increasing competition for cases, and many other trends in arbitration practice. It also shows that a grower percentage of arbitrated cases are being settled prior to award or to the start of hearings, and offers a strong rationale for greater emphasis on the role of arbitrators in setting the stage for or facilitating settlement. Early settlement of a dispute can be a uniquely effective way of minimizing cost and cycle time ...


The Elephant In The Admissions Office: The Influence Of U.S. News & World Report On The Rise Of Transfer Students In Law Schools And A Modest Proposal For Reform, Bruce Price, Sara Star Dec 2013

The Elephant In The Admissions Office: The Influence Of U.S. News & World Report On The Rise Of Transfer Students In Law Schools And A Modest Proposal For Reform, Bruce Price, Sara Star

Bruce M Price

Students who perform well after the first year of law school are increasingly transferring to schools ranked higher by U.S. News to maximize their chances of getting a law firm job immediately following graduation. This phenomena raises two fundamental and understudied issues: how students make the decision to seek to transfer to a higher-ranked and higher-tier law school, and why such law schools are willing to admit transfer students into their second-year class who they were not willing to admit initially. The first issue we explore through interviews with students who transferred as well as those who could have ...


Lawyering In The Lion's Mouth: The Story Of S.D. Redmond And Pruitt V. State, Mary Ellen Maatman Dec 2013

Lawyering In The Lion's Mouth: The Story Of S.D. Redmond And Pruitt V. State, Mary Ellen Maatman

Mary Ellen Maatman

Lawyering in the Lion’s Mouth: The Story of S.D. Redmond and Pruitt v. State unearths a forgotten case with facts worthy of a William Faulkner novel. Set in rural Mississippi, the case involved alleged interracial adultery and infanticide. Luella Williamson, a white woman who killed her baby, told authorities that an African American man named Ervin Pruitt was the child’s father, and claimed he told her to kill the child for fear he would be lynched. She pled guilty to murder and was sentenced to life imprisonment. Her alleged lover, who denied both the relationship and any ...


The Preclusion Of Nonlawyer Ownership Of Law Firms: Protecting The Interest Of Clients Or Protecting The Interest Of Lawyers?, Louise Hill Dec 2013

The Preclusion Of Nonlawyer Ownership Of Law Firms: Protecting The Interest Of Clients Or Protecting The Interest Of Lawyers?, Louise Hill

Louise L Hill

For the third time in as many decades, lawyers in the United States have sullied the notion of nonlawyer ownership of law firms. The most recent examination of alternative law practice structures was undertaken by Ethics 20/20, a Commission created by the American Bar Association [ABA] to conduct a plenary assessment of the ABA Rules of Professional Conduct and related ABA policies. A Working Group was formed which considered whether clients could be better served if law practice entities were restructured. To this end, issues were formulated and different law practice configurations were proposed, about which the public and ...


Estate Planning Games, Thomas Shaffer Dec 2013

Estate Planning Games, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.


The Practice Of Law As Moral Discourse, Thomas Shaffer Dec 2013

The Practice Of Law As Moral Discourse, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.


Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas Shaffer, Mary Shaffer Nov 2013

Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas Shaffer, Mary Shaffer

Thomas L. Shaffer

No abstract provided.


The "Estate Planning" Counselor And Values Destroyed By Death, Thomas Shaffer Nov 2013

The "Estate Planning" Counselor And Values Destroyed By Death, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.


Lawyers, Counselors, And Counselors At Law, Thomas Shaffer Nov 2013

Lawyers, Counselors, And Counselors At Law, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.


Professionalism And Community: A Response To Terrell And Wildman, Robert Rodes Nov 2013

Professionalism And Community: A Response To Terrell And Wildman, Robert Rodes

Robert Rodes

No abstract provided.