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Full-Text Articles in Legal Profession

Ethics 20/20 Successfully Achieved Its Mission: It "Protected, Preserved, And Maintained", James E. Moliterno Aug 2019

Ethics 20/20 Successfully Achieved Its Mission: It "Protected, Preserved, And Maintained", James E. Moliterno

James E. Moliterno

The legal profession tends to look inward and backward when faced with crisis and uncertainty. The legal profession could make greater advances by looking outward and forward to find in society and culture the causes of and connections with the legal profession’s crises. Doing so would allow the profession to grow with society, solve problems with rather than against the flow of society, and be more attuned to the society the profession claims to serve.


And Now A Crisis In Legal Education, James E. Moliterno Aug 2019

And Now A Crisis In Legal Education, James E. Moliterno

James E. Moliterno

The current crisis in legal education coincides with a crisis in the practice of law. Law practice has changed as a result of technology, globalization, and economic pressures. The market for legal education's product, law graduates, have diminished. Law schools cannot remain the same in this environment. Except for a very small number of elite schools, those that do not adjust are at serious risk of failing.

An economic change has taken place against a system in which mostly corporate clients willingly paid for the training of beginners at major law firms. Law firms could absorb those costs if ...


The Trouble With Lawyer Regulation, James E. Moliterno Aug 2019

The Trouble With Lawyer Regulation, James E. Moliterno

James E. Moliterno

The American legal profession has been a backward-looking, change-resistant institution. It has failed to adjust to changes in society, technology, and economics, despite individual lawyers' efforts to change their own practices and entrepreneurs' efforts to enter the legal marketplace to serve the needs of middle- and lower-income clients. When change does come, the legal profession is a late- arriver, usually doing no better than catching up to changes around it that have already become well ensconced. This failure robs society of what could be a positive role of the legal profession in times of change, and it deprives the profession ...


The Future Of Legal Education Reform, James E. Moliterno Aug 2019

The Future Of Legal Education Reform, James E. Moliterno

James E. Moliterno

The article discusses the criticism raised against legal education including high cost, disconnection between law schools and profession, and lack of employment opportunities. It examines the role of the bar examinations and reflects that the model in place is dysfunctional. It suggests that modern law school should teach students not only legal analysis but also business aspect of law practice such as project management and creative resolutions of disputes.


The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan Apr 2019

The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan

James E. Moliterno

In times of social upheaval, lawyers can mark the way toward social change. In particular, when lawyers become more aggressive than traditional lawyers in the cause of fighting injustice, they face backlash from multiple sources, including government and their own profession. Such was the case during the U.S. civil rights movement. Unusually aggressive behavior by cause lawyers was met with hostility from their own profession and from government action. Those lawyers, while battered at times with physical violence, bar ethics charges, contempt of court, and state hostility, survived and changed social conditions at the same time they altered the ...


Politically Motivated Bar Discipline, James E. Moliterno Feb 2016

Politically Motivated Bar Discipline, James E. Moliterno

James E. Moliterno

Bar discipline and admission denial have a century-long history of misuse in times of national crisis and upheaval. The terror war is such a time, and the threat of bar discipline has once again become an overreaction to justifiable fear and turmoil. Political misuse of bar machinery is characterized by its setting in the midst of turmoil, by its target, and by its lack of merit. The current instance of politically motivated bar discipline bears the marks of its historical antecedents.


Impartiality And Independence: Misunderstood Cousins, James E. Moliterno Feb 2015

Impartiality And Independence: Misunderstood Cousins, James E. Moliterno

James E. Moliterno

No abstract provided.


The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno Feb 2015

The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno

James E. Moliterno

No abstract provided.


Crisis Regulation, James E. Moliterno Nov 2013

Crisis Regulation, James E. Moliterno

James E. Moliterno

The article presents information on the regulation of crisis in legal profession. It reflects on the legal profession of the U.S. that has engaged in regulatory reform in response to crisis. It explains that a few changes in the status quo may lead legal profession to react to crisis and discusses it with the help of immigration in the twentieth century, Watergate and globalization. It states that with the wake of the Watergate revelations there is an increase in the crisis in legal profession.


A Golden-Age Of Civil Involvement: The Client-Centered Disadvantage For Lawyers As Law Makers, James E. Moliterno Oct 2013

A Golden-Age Of Civil Involvement: The Client-Centered Disadvantage For Lawyers As Law Makers, James E. Moliterno

James E. Moliterno

None available.


Exporting American Legal Education, James E. Moliterno Jan 2013

Exporting American Legal Education, James E. Moliterno

James E. Moliterno

No abstract provided.


Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno Jan 2013

Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno

James E. Moliterno

No abstract provided.


Professional Preparedness: A Comparative Study Of Law Graduates' Perceived Readiness For Professional Ethics Issues, James E. Moliterno Jan 2013

Professional Preparedness: A Comparative Study Of Law Graduates' Perceived Readiness For Professional Ethics Issues, James E. Moliterno

James E. Moliterno

No abstract provided.


The Administrative Judiciary's Independence Myth, James E. Moliterno Jan 2013

The Administrative Judiciary's Independence Myth, James E. Moliterno

James E. Moliterno

No abstract provided.


On The Future Of Integration Between Skills And Ethics Teaching: Clinical Legal Education In The Year 2010, James E. Moliterno Jan 2013

On The Future Of Integration Between Skills And Ethics Teaching: Clinical Legal Education In The Year 2010, James E. Moliterno

James E. Moliterno

Twelve years ago Anthony G. Amsterdam looked into the 21st century for a description of clinical legal education. With the decided advantage of being that much closer to the turn of the century, I think I will take a similar stab. This essay is less a contradiction of Amsterdam's predictions than it is a supplement with the advantages of the passage of time. I will adopt his 21st-century perspective and look at clinical legal education from the vantage point of the year 2010.


Practice Setting As An Organizing Theme For A Law And Ethics Of Lawyering Curriculum, James E. Moliterno Jan 2013

Practice Setting As An Organizing Theme For A Law And Ethics Of Lawyering Curriculum, James E. Moliterno

James E. Moliterno

No abstract provided.


Legal Education, Experiential Education, And Professional Responsibility, James E. Moliterno Jan 2013

Legal Education, Experiential Education, And Professional Responsibility, James E. Moliterno

James E. Moliterno

No abstract provided.


A Good Lawyer And A Good Person, James E. Moliterno Jan 2013

A Good Lawyer And A Good Person, James E. Moliterno

James E. Moliterno

No abstract provided.


Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno Jan 2013

Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno

James E. Moliterno

No abstract provided.


The Legal Skills Program At The College Of William And Mary: An Early Report, James E. Moliterno Jan 2013

The Legal Skills Program At The College Of William And Mary: An Early Report, James E. Moliterno

James E. Moliterno

No abstract provided.


Goodness And Humanness: Distinguishing Traits, James E. Moliterno Jan 2013

Goodness And Humanness: Distinguishing Traits, James E. Moliterno

James E. Moliterno

No abstract provided.


Why Formalism?, James E. Moliterno Jan 2013

Why Formalism?, James E. Moliterno

James E. Moliterno

No abstract provided.


The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Lawyer As Catalyst Of Social Change, James E. Moliterno Jan 2013

The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Lawyer As Catalyst Of Social Change, James E. Moliterno

James E. Moliterno

No abstract provided.


Ethical Challenges To Legal Education And Conduct, James E. Moliterno Jan 2013

Ethical Challenges To Legal Education And Conduct, James E. Moliterno

James E. Moliterno

No abstract provided.


Public Service, Ethics, And Constitutional Practice, James E. Moliterno Jan 2013

Public Service, Ethics, And Constitutional Practice, James E. Moliterno

James E. Moliterno

No abstract provided.


The Joe Isuzu Dean Search: A Guide To The Interpretation Of Announcement Letters, Paul A. Lebel, James E. Moliterno Jan 2013

The Joe Isuzu Dean Search: A Guide To The Interpretation Of Announcement Letters, Paul A. Lebel, James E. Moliterno

James E. Moliterno

No abstract provided.


Experience And Legal Ethics Teaching, James E. Moliterno Jan 2013

Experience And Legal Ethics Teaching, James E. Moliterno

James E. Moliterno

No abstract provided.


Lawyer Creeds And Moral Seismography, James E. Moliterno Jan 2013

Lawyer Creeds And Moral Seismography, James E. Moliterno

James E. Moliterno

No abstract provided.


In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno Jan 2013

In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno

James E. Moliterno

No abstract provided.


An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno Jan 2013

An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno

James E. Moliterno

No abstract provided.