Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Education (13)
- Legal Ethics and Professional Responsibility (10)
- Legal Writing and Research (9)
- Litigation (9)
- Courts (8)
-
- Judges (7)
- Law and Society (7)
- Law and Politics (5)
- Civil Rights and Discrimination (4)
- Constitutional Law (4)
- First Amendment (4)
- Jurisprudence (4)
- Legal History (4)
- Public Law and Legal Theory (4)
- Criminal Law (3)
- Human Rights Law (3)
- International Law (3)
- Legislation (3)
- Torts (3)
- Banking and Finance Law (2)
- Business Organizations Law (2)
- Civil Law (2)
- Commercial Law (2)
- Comparative and Foreign Law (2)
- Criminal Procedure (2)
- Dispute Resolution and Arbitration (2)
- Rule of Law (2)
- Social Welfare Law (2)
- Keyword
-
- Legal Profession (19)
- Legal Education (9)
- General Law (8)
- Practice and Procedure (8)
- Professional Ethics (8)
-
- Courts (6)
- Judges (6)
- Legal Analysis and Writing (5)
- Civil Rights and Discrimination (4)
- Constitutional Law (4)
- First Amendment (4)
- Law and Society (4)
- Politics (4)
- 28 U.S.C. section 351 (3)
- Absence of ethical constraint (3)
- Access to law-abiding courts as human and democratic right (3)
- Ad-hoc no-reason arbitrary non-precedential judicial fiats (3)
- Auditing of judicial decisions (3)
- Avoidance of pariah status as social benefit (3)
- Bankruptcy fraud scheme run by judges (3)
- Concealment of assets (3)
- Connivance among the branches (3)
- Coordinated wrongdoing (3)
- Corrupt judges (3)
- Discipline self-exemption (3)
- Federal Judiciary secrecy (3)
- Follow the money! investigation (3)
- Follow the wire! investigation (3)
- Human Rights Law (3)
- Institute of judicial unaccountability reporting and legislated reform advocacy (3)
- Publication
-
- Dr. Richard Cordero Esq. (3)
- Nantiya Ruan (2)
- Andrea J Boyack (1)
- B. Casey Yim Esq. (1)
- Barry R. Temkin (1)
-
- Curtis E.A. Karnow (1)
- Dana Remus (1)
- Daniel M Braun (1)
- David C Bell (1)
- Denver S Burke (1)
- Dr. Rafał Mańko (1)
- Dru Stevenson (1)
- George Critchlow (1)
- John Lande (1)
- Jonathan R. Hornok (1)
- Justin Hansford (1)
- Kristen Konrad Robbins-Tiscione (1)
- Marco A. Velásquez-Ruiz (1)
- Margaret C Tarkington (1)
- Markena D. Peavy (1)
- Michael A. Zuckerman (1)
- Neely M Peden (1)
- Nicholas L Georgakopoulos (1)
- R. Lisle Baker (1)
- Roberta S. Karmel (1)
- Yashvardhan Rana (1)
- dhaaranee krb naidu (1)
- File Type
Articles 1 - 30 of 30
Full-Text Articles in Legal Profession
Staying Competitive: Skills Of A Successful Lawyer, Denver S. Burke
Staying Competitive: Skills Of A Successful Lawyer, Denver S. Burke
Denver S Burke
The legal job landscape has always been competitive, however within the last year, the fees and ability to attract business via referral companies has decreased, meaning law firms are now more selective in the recruitment process. This article helps review certain areas to help differentiate yourself from the competition.
Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.
Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.
Dr. Richard Cordero Esq.
This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money!, …
Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.
Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.
Dr. Richard Cordero Esq.
This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money!, …
Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.
Exposing Judges' Unaccountability And Consequent Riskless Wrongdoing: Pioneering The News And Publishing Field Of Judicial Unaccountability Reporting, Dr. Richard Cordero Esq.
Dr. Richard Cordero Esq.
This study analyzes official statistics of the Federal Judiciary, legal provisions, and other publicly filed documents. It discusses how federal judges’ life-appointment; de facto unimpeachability and irremovability; self-immunization from discipline through abuse of the Judiciary’s statutory self-policing authority; abuse of its vast Information Technology resources to interfere with their complainants’ communications; the secrecy in which they cover their adjudicative, administrative, disciplinary, and policy-making acts; and third parties’ fear of their individual and close rank retaliation render judges unaccountable. Their unaccountability makes their abuse of power riskless; the enormous amount of the most insidious corruptor over which they rule, money!, …
Solicitation By Defense Counsel: Ethical Pitfalls When Corporate Defense Counsel Offers Representation To Witnesses, Barry R. Temkin, Michael H. Stone
Solicitation By Defense Counsel: Ethical Pitfalls When Corporate Defense Counsel Offers Representation To Witnesses, Barry R. Temkin, Michael H. Stone
Barry R. Temkin
The ban on solicitation by attorneys in ABA Model Rule of Professional Conduct 7.3, and its state counterparts, has generally been used to prevent ambulance chasing by plaintiffs’ attorneys. However, a recent New York decision has raised the possibility that a defense lawyer could be disciplined for solicitation when offering his services to a non-party witness employed by a corporate defendant, even when doing so for no additional fee. The court in Rivera v. Lutheran Medical Center, referred a prominent national law firm to the Departmental Disciplinary Committee and disqualified the firm from representing several current and former employees of …
Lawyering In The Shadow Of Data, Dru Stevenson, Nicholas J. Wagoner
Lawyering In The Shadow Of Data, Dru Stevenson, Nicholas J. Wagoner
Dru Stevenson
Attorney bargaining has traditionally taken place in the shadow of trial, as litigants alter their pretrial behavior—including their willingness to negotiate a settlement – based on perceptions of likely outcomes at trial and anticipated litigation costs. Lawyers practicing in the shadow of trial have, in turn, traditionally formed their perception of the likely outcome at trial based on their knowledge of case precedents, intuition, and previous interactions with the presiding judge and opposing counsel in similar cases. Today, however, technology for leveraging legal data is moving the practice of law into the shadow of the trends and patterns observable in …
Legal Writing As Good Writing; Tips From The Trenches, Michael A. Zuckerman, Andrey Spektor
Legal Writing As Good Writing; Tips From The Trenches, Michael A. Zuckerman, Andrey Spektor
Michael A. Zuckerman
No abstract provided.
Lost In The Compromise: Free Speech, Criminal Justice, And Attorney Pretrial Publicity, Margaret Tarkington
Lost In The Compromise: Free Speech, Criminal Justice, And Attorney Pretrial Publicity, Margaret Tarkington
Margaret C Tarkington
Publicity by the prosecution and defense in the criminal proceedings against George Zimmerman again raised the question of the appropriate scope of First Amendment protection for attorney pretrial publicity. The Supreme Court, the Model Rules of Professional Conduct, and many scholars have viewed restrictions on attorney pretrial publicity as a compromise between the constitutional guarantees of free speech and a fair trial. Nevertheless, scholars advocate widely divergent levels of free speech protection for attorney pretrial publicity—ranging from core free speech protection to extremely limited protection. Traditional First Amendment doctrines fail to elucidate the proper scope of free speech rights for …
The Uncertain Promise Of Predictive Coding, Dana Remus
The Uncertain Promise Of Predictive Coding, Dana Remus
Dana Remus
No abstract provided.
Bar Passage: Gpa And Lsat, Not Bar Reviews, Nicholas L. Georgakopoulos
Bar Passage: Gpa And Lsat, Not Bar Reviews, Nicholas L. Georgakopoulos
Nicholas L Georgakopoulos
Probit regressions of bar passage on law GPA, undergraduate GPA (uGPA) and LSAT show GPA to have a very strong relation, LSAT a weaker one, and uGPA not to have any relation. 1L and upperclass GPA both have strong predictive power, favoring an interpretation of significant learning in small and elective courses compared to the mandated large ones of the first year. Linear regressions of GPA on uGPA and LSAT show a noisy relation to exist only for first-time bar exam takers, none for 2nd time takers. Analysis of bar review courses does not show the choice among them …
Indemnity Cross-Claim: Defense Strtegy In Legal Malpractice Cases, B. Casey Yim Esq.
Indemnity Cross-Claim: Defense Strtegy In Legal Malpractice Cases, B. Casey Yim Esq.
B. Casey Yim Esq.
Equitable indemnity using comparative fault principles can be used as an effective defense strategy in litigation legal malpractice cases.
Creating A Six-Semester Writing Requirement: Using Legal Writing's "Hobble" To Solve Legal Education's Problem", Kristen Konrad Robbins-Tiscione
Creating A Six-Semester Writing Requirement: Using Legal Writing's "Hobble" To Solve Legal Education's Problem", Kristen Konrad Robbins-Tiscione
Kristen Konrad Robbins-Tiscione
The attached article argues that the best way to solve the current crisis in legal education is for law schools to commit to teaching writing by creating a six-semester writing requirement. In a 2011 article published in the Journal of Legal Education, John Lynch urged legal writing faculty to return to an outmoded and ineffective writing pedagogy, the “product approach,” on the grounds that it would make teaching legal writing easier. This article demonstrates that what Lynch calls legal writing’s hobble has become legal education’s problem. By failing to commit to teaching writing, law students are graduating without adequate preparation …
Student, Esquire?: The Practice Of Law In The Collaborative Classroom, Nantiya Ruan
Student, Esquire?: The Practice Of Law In The Collaborative Classroom, Nantiya Ruan
Nantiya Ruan
Law faculty and non-profit lawyers are working together in a variety of partnerships to offer students exposure to “real life” clients in the first year of law school, as well as in advanced courses in substantive areas. Teachers engaged in client-centered advocacy through experiential frameworks have broken out of their isolated silos in the law school (e.g., legal writing, clinical, externship, and doctrinal) and begun to work together. To help students develop a sense of professional identity, cultivate professional values, and tap into key intrinsic motivations for lawyering, such as serving the public good, collaborative classrooms have an important role …
Book Review: The Three And A Half Minute Transaction: What Sticky Boilerplate Reveals About Contract Law And Practice, Andrea J. Boyack
Book Review: The Three And A Half Minute Transaction: What Sticky Boilerplate Reveals About Contract Law And Practice, Andrea J. Boyack
Andrea J Boyack
This review situates Gulati & Scott’s findings with respect to sovereign debt instruments and the contracting process in the context of a legal profession on the brink of change. Gulati and Scott’s book addresses the inexplicable failure of lawyers to respond to a sovereign debt litigation outcome by clarifying a boilerplate provision after an adverse judicial interpretation. Their fascinating study of boilerplate in sophisticated transactional legal practice is timely and compelling both in terms of the specific story it tells, namely the persistence of the pari passu clause in sovereign debt instruments, as well as its broader implications: Structural flaws …
Planning For Law As A Career And An Enterprise, R. Lisle Baker
Planning For Law As A Career And An Enterprise, R. Lisle Baker
R. Lisle Baker
If you are a law student concerned and unsure about what happens after graduation, and still trying to sort your preferred professional role, this article is designed to help you do homework on both yourself and the legal profession so that you can enhance your opportunity to find the right professional role. The premise of the article is that a career in law is something for which you can and should prepare, just as you prepare for oral argument in court by writing a well-researched and thorough legal brief. The article is based on a course offered by the author …
The Economy Rules: An Analysis Of The Ever-Shifting Portrayal Of Attorneys In Popular Culture, Neely M. Peden
The Economy Rules: An Analysis Of The Ever-Shifting Portrayal Of Attorneys In Popular Culture, Neely M. Peden
Neely M Peden
There has most definitely been a shift in the view of elite professionals within modern pop culture. Attorneys especially have come to face “anti-establishment” movement by popular culture. Those professions which used to be revered are now examples of ill-morals and ill-behavior. Indeed, popular culture goes out of its way to make villains out of attorneys by showing unprincipled characters in legal television shows or by churning out movies that revolve around attorneys whose lives and morals are so corrupt that they need to go through some sort of personal tragedy to be redeemed. It is this paper’s contention that …
Will Law Firms Go Public?, Roberta S. Karmel
Will Law Firms Go Public?, Roberta S. Karmel
Roberta S. Karmel
Law in the United States is a big business and big law firms are a global business. Currently, under rules of the American Bar Association (ABA) and most states law, firms are not allowed either to include non-lawyers as partners or accept equity investments from non-lawyers. This Article will argue that (even if law firms retain the form of partnerships) they eventually will accept investments from third parties, and possibly even go public, but this development could lead to a loss of professionalism, as it has with other industries, and could also lead to the end of self-regulation. Among the …
Cause Judging, Justin Hansford
Cause Judging, Justin Hansford
Justin Hansford
Building on the framework of “cause lawyering” scholarship, this Article explores the fact that, in a similar tradition as a “cause lawyering” law practice animated by dedication to a cause, “cause judging” exists as well. This insight has implications for judicial ethics norms. The hyper-partisan nature of modern American life has already cast doubt on the possibility that politically appointed judges can ever truly attain the “appearance of impartiality” demanded by judicial recusal standards. Instead, judicial ethics norms should embrace the fact that judges have moral and political ideals that inform their rulings when they exercise judicial discretion, and that …
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 …
A Dialogue On Jordanian Legal Education, George Critchlow, Nisreen Mahasneh
A Dialogue On Jordanian Legal Education, George Critchlow, Nisreen Mahasneh
George Critchlow
This a readable article about the need for legal education reform in Jordan. It grew out of the experiences, discussions, and shared interests of the co-authors – a Jordanian female law professor and an American male law professor who have worked with the American Bar Association Rule of Law Initiative (ABA ROLI) and Jordanian law faculties to develop strategies for strengthening legal education in Jordan. The article is unusual in that it is presented as a dialogue in order to identify and reflect the authors’ different professional and cultural perspectives. The text is supported by citation to authority in conventional …
Lessons From Teaching Students To Negotiate Like A Lawyer, John Lande
Lessons From Teaching Students To Negotiate Like A Lawyer, John Lande
John Lande
The legal education system is in a major crisis now, in part because law schools do not prepare students adequately to practice law. Law schools should do a better job of teaching negotiation, in particular, because it is a significant part of the work of virtually every practicing lawyer. This includes lawyers who handle civil and criminal matters and lawyers who do litigation as well as those who do transactional work. Negotiation is especially important because most litigated cases are settled and virtually all unstandardized transactions are negotiated. Most law school negotiation courses rely primarily or exclusively on simulations in …
Professional Ethics, Dhaaranee Krb Naidu
Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun
Timeless Trial Strategies And Tactics: Lessons From The Classic Claus Von Bülow Case, Daniel M. Braun
Daniel M Braun
In this new Millennium -- an era of increasingly complex cases -- it is critical that lawyers keep a keen eye on trial strategy and tactics. Although scientific evidence today is more sophisticated than ever, the art of effectively engaging people and personalities remains prime. Scientific data must be contextualized and presented in absorbable ways, and attorneys need to ensure not only that they correctly understand jurors, judges, witnesses, and accused persons, but also that they find the means to make their arguments truly resonate if they are to formulate an effective case and ultimately realize justice. A decades-old case …
Addressing Twin Crises In The Law: Underserved Clients And Underemployed Lawyers, James R. Holbrook, Jonathan R. Hornok
Addressing Twin Crises In The Law: Underserved Clients And Underemployed Lawyers, James R. Holbrook, Jonathan R. Hornok
Jonathan R. Hornok
The legal profession faces two unprecedented crises: underserved middle-class clients and underemployed lawyers: • Many poor, modest-means, and middle-class parties cannot afford to hire a lawyer. • Many recent law school graduates cannot find full-time employment as lawyers.
Corporate Indemnification And Advancement Provisions, Good Faith, And The Responsibility Of Corporate Attorneys To Protect The Corporation From Misconduct, Markena Diane Peavy
Corporate Indemnification And Advancement Provisions, Good Faith, And The Responsibility Of Corporate Attorneys To Protect The Corporation From Misconduct, Markena Diane Peavy
Markena D. Peavy
The last decade of corporate scandals has exposed that corporations are vulnerable to corruption and exploitation, which has significant and lasting effects on the national and global economy. This article examines the corporate attorney’s responsibility to serve as “gatekeeper” for the corporation, primarily in circumstances where the interests of corporate officials and the interests of the corporation are in direct conflict, and Section 145 of the Delaware General Corporation Law, which governs the indemnification and advancement rights of corporate officers and the confines of the corporation’s power to confer such rights. Delaware courts have long established that indemnification is to …
Trials And Tribulations, Curtis E.A. Karnow
Trials And Tribulations, Curtis E.A. Karnow
Curtis E.A. Karnow
A collection of practical tips and advice for litigators new to the bar, and for more experienced lawyers wishing to improve the odds of a receptive judge and jury. The advice applies to oral advocacy, trial, trial preparation, and other issues concerning presentation such as interacting with the jury and witnesses, courtroom staff, motions (including in limine motions), handling evidence, simulation and animations. This is the stuff they don’t teach in law school. (Presentation, Bar Assn. Of San Francisco & Barrister's Club, June 2013)
Jurisprudence, Interpretation, And Relevance: How Relevant Is Jurisprudence In Modern Practice?, David C. Bell
Jurisprudence, Interpretation, And Relevance: How Relevant Is Jurisprudence In Modern Practice?, David C. Bell
David C Bell
Jurisprudence and statutory interpretation are distained by law school students and in legal circles outside the academic realm, but both are an integral part of the legal process and as such should be included in all law school education in an effort to turn out practice ready lawyers. This paper will look at the different theories of statutory interpretation, breaking down how the individual theories go about interpretation. The different theories to be analyzed include hermeneutics, textualism, purposive interpretation, dynamic interpretation, liberal interpretation, legal process theory, moral theory, and active liberty. Then the paper will analyze parallels between the interpretation …
Globalisation And Legal Scholarship In Colombia: Petit Commentaire On William Twining’S 2009 Montesquieu Lecture, Marco A. Velásquez-Ruiz
Globalisation And Legal Scholarship In Colombia: Petit Commentaire On William Twining’S 2009 Montesquieu Lecture, Marco A. Velásquez-Ruiz
Marco A. Velásquez-Ruiz
This article explores the challenges facing legal education in Colombia from the standpoint of law as an arguable tool for social change. It addresses the following question: Are the reasoning, content and skills transmitted to students at law schools in Colombia suitable for addressing the challenges of social change? The author considers that the ideas introduced by Professor Twining on the implications of globalisation for the discipline of law provide rich insights for the Colombian case. The article assumes that Twining's arguments relating to the need for instrumental assistance in legal education so as to properly deal with globalisation are …
Student, Esquire?: The Practice Of Law In The Collaborative Classroom, Nantiya Ruan
Student, Esquire?: The Practice Of Law In The Collaborative Classroom, Nantiya Ruan
Nantiya Ruan
Law faculty and non-profit lawyers are working together in a variety of partnerships to offer students exposure to “real life” clients in the first year of law school, as well as in advanced courses in substantive areas. Teachers engaged in client-centered advocacy through experiential frameworks have broken out of their isolated silos in the law school (e.g., legal writing, clinical, externship, and doctrinal) and begun to work together. To help students develop a sense of professional identity, cultivate professional values, and tap into key intrinsic motivations for lawyering, such as serving the public good, collaborative classrooms have an important role …
Weeds In The Gardens Of Justice?The Survival Of Hyperpositivism In Polishlegal Culture As A Symptom/Sinthome, Rafal Manko
Weeds In The Gardens Of Justice?The Survival Of Hyperpositivism In Polishlegal Culture As A Symptom/Sinthome, Rafal Manko
Dr. Rafał Mańko
After 1989, the Polish legal elites embraced a transform-ation discourse, presenting modern Polish legal history as a circular journey from Europe to the dystopia of “Communism” and back. As aconsequence, links with the state-socialist past are repressed from thecollective consciousness of the legal community and presented as post-Soviet “weeds” in the Polish gardens of justice. However, the repressedweeds return in the form of symptoms – legal survivals, which lawyerstend to ignore or conceal because they subvert the dominant ideologicalnarrative. In this paper, I focus on metanormative survivals of the So-cialist Legal Tradition in Poland which can all be brought under …