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Articles 31 - 60 of 66
Full-Text Articles in Legal Profession
Ethical World Of Solo And Small Law Firm Practitioners, The, Leslie Levin
Ethical World Of Solo And Small Law Firm Practitioners, The, Leslie Levin
Faculty Articles and Papers
No abstract provided.
Reflections On The Art Of Mentoring, Richard Leiter
Reflections On The Art Of Mentoring, Richard Leiter
Marvin and Virginia Schmid Law Library
I know that there are probably many articles on the subject of mentoring. Many of these articles have been written by colleagues, or recognized experts in the field of management. However, I have not read these articles and in advance I apologize for not reading them all or using them as references in the following essay. I come from a school of thought about management that believes that good managers are not made. They are born. This is not to say that we can't learn things about management. The fact is, we learn a great deal from others when we …
Relations Between Lawyer And Client In Damages: Model, Typical, Or Dysfunctional?, Rodney J. Uphoff
Relations Between Lawyer And Client In Damages: Model, Typical, Or Dysfunctional?, Rodney J. Uphoff
Faculty Publications
This essay begins, therefore, by briefly examining the question of what constitutes good lawyering. The essay acknowledges the difficulty of defining precisely what is good lawyering. In fact, scholars, judges, and lawyers often disagree markedly when they characterize lawyer behavior using the term. Not surprising, then, even though academic commentators routinely trumpet the importance of establishing a meaningful attorney-client relationship as an important aspect of good lawyering, not all in the legal profession embrace that view.8Indeed, the debate about the importance of a good lawyer-client relationship largely reflects contrasting attitudes within the legal profession about the client's role in the …
A Public View Of Attorney Discipline In Florida: Statistics, Commentary, And Analysis Of Disciplinary Actions Against Licensed Attorneys In The State Of Florida From 1988-2002, Debra Curtis, Billie Jo Kaufman
A Public View Of Attorney Discipline In Florida: Statistics, Commentary, And Analysis Of Disciplinary Actions Against Licensed Attorneys In The State Of Florida From 1988-2002, Debra Curtis, Billie Jo Kaufman
Faculty Scholarship
This article is intended to serve as a commentary and analysis of a public-eye view of disciplinary actions taken against licensed attorneys in the State of Florida during the past 15 years. The idea for this statistical review arose in 2002, prompted by discussions regarding self-regulation of various professions following the many corporate scandals then playing out in the headlines. Through these discussions, Professors Curtis and Kaufman developed the idea of looking at empirical data--from the Florida Bar to determine how the disciplinary system treated Florida lawyers.
The Obligation Of Legal Aid Lawyers To Champion Practice By Nonlawyers, Deborah J. Cantrell
The Obligation Of Legal Aid Lawyers To Champion Practice By Nonlawyers, Deborah J. Cantrell
Publications
No abstract provided.
Staff Matter(S), 36 U. Tol. L. Rev. 47 (2004), Darby Dickerson
Staff Matter(S), 36 U. Tol. L. Rev. 47 (2004), Darby Dickerson
UIC Law Open Access Faculty Scholarship
No abstract provided.
Sec Enforcement Of Attorney Up-The-Ladder Reporting Rules: An Analysis Of Institutional Contraints, Norms, And Biases, Michael A. Perino
Sec Enforcement Of Attorney Up-The-Ladder Reporting Rules: An Analysis Of Institutional Contraints, Norms, And Biases, Michael A. Perino
Faculty Publications
In their paper and in their earlier comments to the SEC on the proposed attorney reporting rules, Professors Cramton, Cohen and Koniak do an excellent job recounting the genesis of the attorney reporting requirements in the Sarbanes-Oxley Act, describing the SEC's proposed and final rules and critiquing the rule's triggering mechanism and now apparently shelved noisy withdrawal requirement. Their case study of the recent Spiegel, Inc. independent examiner's report is a particularly useful vehicle for examining the practical implications of the SEC's policy and drafting choices. Although I was a member of a committee that submitted comments opposed to noisy …
Statutory Assistance For Attorneys Providing Pro Bono Services, Christine Rollins
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.
Judicial And Law Review Citation Frequencies For Articles Published In Different 'Tiers' Of Law Journals: An Empirical Analysis, Gregory S. Crespi
Judicial And Law Review Citation Frequencies For Articles Published In Different 'Tiers' Of Law Journals: An Empirical Analysis, Gregory S. Crespi
Faculty Journal Articles and Book Chapters
An empirical study of the judicial and law journal citation frequencies for a large and comprehensive sample of 550 articles that were published from 1996 through 1998 in fifteen selected law journals resulted in several findings. First, these articles averaged only 0.4 judicial citations and 14.5 law journal citations through May 30, 2003. Second, both courts and scholars cite articles that are published in the three most prestigious law journals at much higher rates than they cite articles that appear in either mid-level or lower-tier law journals. Third, courts virtually ignore altogether legal scholarshipthat appears in lower-tier law journals. Finally, …
Judicial Ethics In The Twenty-First Century: Tracing The Trends, Roger J. Miner '56
Judicial Ethics In The Twenty-First Century: Tracing The Trends, Roger J. Miner '56
Lawyers and the Legal Profession
No abstract provided.
Professor Bryan Harris Remembered: "Volez" To A Pierce Law Friend, Jon R. Cavicchi
Professor Bryan Harris Remembered: "Volez" To A Pierce Law Friend, Jon R. Cavicchi
Law Faculty Scholarship
Bryan Harris, MA (Oxon), passed away recently in his beloved native England, after a brief illness. His wife Mary, two sons and a daughter survive him. Bryan Harris had a long and distinguished career as an author, educator, barrister, diplomat, publisher and lobbyist. He was a consultant on European Union policies and laws to commercial and professional firms and associations. For almost three decades he was a Member of the Board of Trustees and Adjunct Professor of European Union Law at Pierce Law. Pierce Law President and Dean, John Hutson summed up what many members of the Pierce Law community …
….With Helmet And Flak Vest: Practicing International Law In War Zones, Charles J. Dunlap Jr.
….With Helmet And Flak Vest: Practicing International Law In War Zones, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
The Duty To Preserve Documents Before Litigation Commences, Camille Cameron
The Duty To Preserve Documents Before Litigation Commences, Camille Cameron
Articles, Book Chapters, & Popular Press
This paper explores the nature, extent and boundaries of the duties that exist to preserve relevant documents where no litigation has yet commenced and where such litigation can be reasonably anticipated. It uses as the context for this discussion the recent tobacco litigation case McCabe v. British Australian Tobacco (BA T). The duties to preserve are considered from the perspectives of prospective plaintiffs, who need the documents to prove a claim; prospective defendants (and their servants, agents and employees), who may for legitimate reasons have document management policies that call for routine destruction of documents; and judges (and juries), who …
Civility In Litigation: How Can The Profession Promote And Enforce Good Behavior?, Aviva A. Orenstein, Torrence Lewis
Civility In Litigation: How Can The Profession Promote And Enforce Good Behavior?, Aviva A. Orenstein, Torrence Lewis
Articles by Maurer Faculty
This essay emanates from a talk that was given to the Defense Trial Counsel of Indiana at its annual meeting’s luncheon. The good thing about talking about civility, particularly at lunch, is that no one dare heckle or throw food. Beyond the obvious constraints against rude behavior inherent in the medium, we sense a genuine openness to the topic. Defense counsel, in particular, feel besieged by what they perceive to be uncivil behavior, and welcome affirmation about the nature of the problem and some suggestions for solutions. More generally, one can argue that the lack of civility in legal culture …
The Lsat, Law School Exams And Meritocracy: The Surprising And Undertheorized Role Of Test-Taking Speed, William D. Henderson
The Lsat, Law School Exams And Meritocracy: The Surprising And Undertheorized Role Of Test-Taking Speed, William D. Henderson
Articles by Maurer Faculty
Within the field of psychometrics, it is widely acknowledged that test-taking speed and reasoning ability are separate abilities with little or no correlation to each other. The LSAT is a univariate test designed to measure reasoning ability; test-taking speed is assumed to be an ancillary variable with a negligible effect on candidate scores. This Article explores the possibility that test-taking speed is variable common to both the LSAT and actual law school exams. This commonality is important because it may serve to increase the predictive validity of the LSAT. The author obtained data from a national and a regional law …
Religious Lawyering In A Liberal Democracy: A Challenge And An Invitation William A. Brahms Lecture On Law & Religion, Russell G. Pearce
Religious Lawyering In A Liberal Democracy: A Challenge And An Invitation William A. Brahms Lecture On Law & Religion, Russell G. Pearce
Faculty Scholarship
At a time when many believe that law is no longer a noble profession, many lawyers see no reason to devote time and energy to promoting the public good. Religious lawyering may offer a powerful antidote: a robust framework for lawyers to integrate into their professional lives their most deeply rooted values, perspectives and critiques, and persuasive reasons to improve the quality of justice and work for the common good. At its best, religious lawyering echoes Martin Luther King's advice to the street sweeper. How wonderful it would be, indeed, if we practiced law so well that the host of …
Foucault's Approach To Power: Its Allure And Limits For Collaborative Lawyering, Ascanio Piomelli
Foucault's Approach To Power: Its Allure And Limits For Collaborative Lawyering, Ascanio Piomelli
Faculty Scholarship
No abstract provided.
Caveat Counselor: Going In-House Does Not Guarantee Work/Life Balance, Joan C. Williams
Caveat Counselor: Going In-House Does Not Guarantee Work/Life Balance, Joan C. Williams
Faculty Scholarship
No abstract provided.
Preface, Symposium: Criminal Defense In The Age Of Terrorism, Tanina Rostain, Donald Zeigler
Preface, Symposium: Criminal Defense In The Age Of Terrorism, Tanina Rostain, Donald Zeigler
Articles & Chapters
No abstract provided.
Rhetoric, Advocacy And Ethics: Reflections On Shakespeare's Julius Caesar, Stephen A. Newman
Rhetoric, Advocacy And Ethics: Reflections On Shakespeare's Julius Caesar, Stephen A. Newman
Articles & Chapters
The rhetorical skill necessary to speaking and writing persuasively may be studied with great profit by exploring realms of knowledge far from the courtroom and the law office. Literature naturally comes to mind as a rich resource for the study of persuasion. For this essay, I have chosen a well-known set of speeches that appear in William Shakespeare's Julius Caesar to illustrate various aspects of persuasion.
In the play's most riveting scene, Marcus Brutus and Mark Antony speak before a crowd of Romans, giving their opposing views of the assassination of Caesar. Brutus claims justification for his and his co-conspirators' …
The "C" Word: Collegiality Real Or Imaginary, And Should It Matter In A Tenure Process, Leonard Pertnoy
The "C" Word: Collegiality Real Or Imaginary, And Should It Matter In A Tenure Process, Leonard Pertnoy
Faculty Articles
For over two thousand years, since the times of Jesus Christ, society has valued collegiality as one of its pillars in advancing human relationship: "Now I plead with you, brethren, by the name of our Lord Jesus Christ, that you all speak the same thing, and that there be no divisions among you, but that you be perfectly joined together in the same and in the same judgment." Collegiality is "cooperative interaction among colleagues. Put another way, collegiality results when two or more individuals who are willing to engage in a common enterprise (the "cooperative" component), actually engage or participate …
Better Writing, Better Thinking: Using Legal Writing Pedagogy In The "Casebook" Classroom (Without Grading Papers), Mary Beth Beazley
Better Writing, Better Thinking: Using Legal Writing Pedagogy In The "Casebook" Classroom (Without Grading Papers), Mary Beth Beazley
Scholarly Works
In this Article, Professor Beazley proposes that a Legal Writing revolution is the next revolution in legal education, and that the revolution is not just coming, it has begun. She offers first steps for law school faculty to take in furtherance of this revolution. Professor Beazley argues that the pioneers of this new revolution are Legal Writing faculty. Section I of this Article examines some ways that the law school culture that segregates Legal Writing faculty has both promoted their opportunities to develop innovative pedagogies and inhibited their ability to share those pedagogies with other faculty. Section II explains certain …
The Psychology Of Hindsight And After-The-Fact Review Of Ineffective Assistance Of Counsel, Stephanos Bibas
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.
"Announcement" By Federal Judicial Nominees, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Lawyer For The Situation, Geoffrey C. Hazard Jr.
Lawyer For The Situation, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
On International And Interdisciplinary Legal Ethics Scholarship, W. Bradley Wendel
On International And Interdisciplinary Legal Ethics Scholarship, W. Bradley Wendel
Cornell Law Faculty Publications
"Legal Ethics is an international and interdisciplinary journal dedicated to the field of legal ethics." The mission statement of this journal poses three concise challenges for scholars in this discipline: To define the domain of legal ethics, to study it from a perspective that is valid across jurisdictional boundaries, and to incorporate the insights of related disciplines. As befits an emerging and exciting field, lawyers and university faculty throughout the English- speaking common-law world have begun to engage with all three of these problems. The book reviews section of Legal Ethics has highlighted the publication of many of the …
The Law Professor As Legal Commentator, Amy Gajda
The Law Professor As Legal Commentator, Amy Gajda
Faculty Scholarship
No abstract provided.
Humanity And The Law, Geoffrey C. Hazard Jr.
Humanity And The Law, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Rules, Principles, And The Accounting Crisis In The United States, William W. Bratton
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 …