Open Access. Powered by Scholars. Published by Universities.®

Legal Profession Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Legal Profession

Client Counseling, Mediation, And Alternative Narratives Of Dispute Resolution, Robert Rubinson Apr 2004

Client Counseling, Mediation, And Alternative Narratives Of Dispute Resolution, Robert Rubinson

All Faculty Scholarship

This article examines how litigation and mediation have distinct narrative structures and what these narratives say about counseling clients about mediation. In the narrative of litigation, parties struggle against one another in order to convince a decision maker of the truth of "what happened." This struggle is about more than designating liability; it is about enabling the decision-maker to restore social order and vindicate morality. In contrast, the narrative of mediation does not call upon the mediator to designate "truth" or "right" and "wrong." Rather, the mediator acts to enable parties to overcome and transform conflict through collaboration. In the …


The Rule Of Law In The Reform Of Legal Education: Teaching The Legal Mind In Japanese Law Schools, James Maxeiner Mar 2004

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.


Statutory Assistance For Attorneys Providing Pro Bono Services, Christine Rollins Jan 2004

Statutory Assistance For Attorneys Providing Pro Bono Services, Christine Rollins

All Faculty Scholarship

Missouri attorneys now have the statutory assistance they need to take a more active role in assisting the low-income and under-represented members of our communities.


Humanity And The Law, Geoffrey C. Hazard Jr. Jan 2004

Humanity And The Law, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


The Psychology Of Hindsight And After-The-Fact Review Of Ineffective Assistance Of Counsel, Stephanos Bibas Jan 2004

The Psychology Of Hindsight And After-The-Fact Review Of Ineffective Assistance Of Counsel, Stephanos Bibas

All Faculty Scholarship

No abstract provided.


"Announcement" By Federal Judicial Nominees, Geoffrey C. Hazard Jr. Jan 2004

"Announcement" By Federal Judicial Nominees, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Lawyer For The Situation, Geoffrey C. Hazard Jr. Jan 2004

Lawyer For The Situation, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Rules, Principles, And The Accounting Crisis In The United States, William W. Bratton Jan 2004

Rules, Principles, And The Accounting Crisis In The United States, William W. Bratton

All Faculty Scholarship

The Sarbanes-Oxley Act and the Securities Exchange Commission move too quickly ·when they prod the Financial Accounting Standards Board, the standard setter for US GAAP, to move immediately to a principles-based system. Priorities respecting reform of corporate reporting in the US need to be ordered more carefully. Incentive problems impairing audit performance should be solved first through institutional reform insulating the audit from the negative impact of rent-seeking and solving adverse selection problems otherwise affecting audit practice. So long as auditor independence and management incentives respecting accounting treatments remain suspect. the US reporting system holds out no actor plausibly positioned …