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Full-Text Articles in Legal Profession

Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve The Conduct And Reputation Of The Bar, The , Russell Pearce Jan 1995

Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve The Conduct And Reputation Of The Bar, The , Russell Pearce

Faculty Scholarship

The Article explains how the Professionalism Paradigm distinguishes between self-interested businesspersons and altruistic professionals who place the public good above their own interests and those of their clients. The legal profession has used this Business-Profession dichotomy to obtain control of the delivery legal services, including a legislative monopoly on the practice of law. Today, the Professionalism Paradigm faces a crisis as leading lawyers, judges, and scholars complain that law has become a business and is no longer a profession. The Article “identifies this shift as a time for hope rather than as a cause for despair. Applying Thomas S. Kuhn ...


Jacques Of All Trades: Derrida, Lacan, And The Commercial Lawyer, Sidney Delong Jan 1995

Jacques Of All Trades: Derrida, Lacan, And The Commercial Lawyer, Sidney Delong

Faculty Scholarship

Professor DeLong’s article provides humorous advice for legal professors on how to apply deconstructionist and post-Freudian theory to commercial law classes. Professor DeLong explains that the key to the successful integration of postmodern thought into your own scholarship is stunningly simple: all you have to do is not care whether you really get it right. He describes how you too will soon be turning out articles like "The Social Construction of Cowness in the Packers and Stockyards Act," or "Silencing the Lambs: Narratives of Loss and Evisceration in the Packers and Stockyards Act," or "Cattle Prods and Cutting Pens ...


A Preliminary Inquiry Into The Transcendence Of Value Creation, Frederick Lambert Jan 1995

A Preliminary Inquiry Into The Transcendence Of Value Creation, Frederick Lambert

Faculty Scholarship

No abstract provided.


A Hawk In The Land Of Vultures, Charles J. Dunlap Jr. Jan 1995

A Hawk In The Land Of Vultures, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Defending, Michael E. Tigar Jan 1995

Defending, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Commentary: Policy Implications, Geoffrey C. Hazard Jr. Jan 1995

Commentary: Policy Implications, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


To Save A Life: Why A Rabbi And A Jewish Lawyer Must Disclose A Client Confidence Symposium: Executing The Wrong Person: The Professionals' Ethical Dilemmas, Russell Pearce Jan 1995

To Save A Life: Why A Rabbi And A Jewish Lawyer Must Disclose A Client Confidence Symposium: Executing The Wrong Person: The Professionals' Ethical Dilemmas, Russell Pearce

Faculty Scholarship

As adopted by courts and legislatures, lawyer's ethical codes have the force of law. They require a lawyer to keep information confidential unless the lawyer knows the client will commit a future crime. Jewish tradition generally forbids the disclosure of confidential information as "a terrible invasion of another person's privacy."This interdiction, rooted in the Torah's prohibition on talebearing, applies even when the information disclosed is true. The great medieval commentator, Maimonides, observed that gossip "ruins the world.” He further reproached "the evil tongue of the slander-monger who speaks disparagingly of one's fellow, even if the ...


Am I My Partner's Keeper? Peer Review In Law Firms, Susan Saab Fortney Jan 1995

Am I My Partner's Keeper? Peer Review In Law Firms, Susan Saab Fortney

Faculty Scholarship

This article explores the concept of peer review in the practice of law. The article begins with an introduction to law partners’ liability exposure for the acts or omissions of their law partners. The article explains how this exposure has traditionally been approached as vicarious liability and how the government is attempting to transform these issues into direct liability by using failure to monitor claims. Part I briefly reviews perspectives on the emergence, growth, and structure of law firms, then uses a matrix to show how firm culture and organizational structure affect internal and external controls on attorney conduct. Part ...


Lawyers And Social Justice, Michael E. Tigar Jan 1995

Lawyers And Social Justice, Michael E. Tigar

Faculty Scholarship

No abstract provided.


What To Do When Your Case Is Front Page News: Panel Discussion, Michael E. Tigar Jan 1995

What To Do When Your Case Is Front Page News: Panel Discussion, Michael E. Tigar

Faculty Scholarship

No abstract provided.


The Profession Of Law: Columbia Law School's Use Of Experiential Learning Techniques To Teach Professional Responsibility, Carol B. Liebman Jan 1995

The Profession Of Law: Columbia Law School's Use Of Experiential Learning Techniques To Teach Professional Responsibility, Carol B. Liebman

Faculty Scholarship

Columbia Law School's ethics course, "The Profession of Law" ("POL"), is an interactive, experiential exploration of lawyer ethics. The course, required for all third-year students, is taught on an intensive basis during the first week of the fall semester. It begins on Monday morning, the first day of the semester, and runs through mid-afternoon on the following Friday. The course has five goals: to introduce students to the rules that govern professional conduct; to help them develop an analytic framework for making ethical decisions in those broad areas where the rules do not give clear answers; to provoke them ...