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Articles 1 - 30 of 98
Full-Text Articles in Legal Profession
A Restatement Of Contracts, Cree-L Kofford
A Restatement Of Contracts, Cree-L Kofford
Vol. 2: Service & Integrity
This address was given at the J. Reuben Clark Law Society Conference at Georgetown University in Washington, D.C., on February 17, 2006.
The Essence Of Lawyering In An Atmosphere Of Faith, Kevin J. Worthen
The Essence Of Lawyering In An Atmosphere Of Faith, Kevin J. Worthen
Vol. 2: Service & Integrity
This address was given to entering law students at BYU Law School on August 18, 2004.
Lawyers And The Rule Of Law, James D. Gordon Iii
Lawyers And The Rule Of Law, James D. Gordon Iii
Vol. 2: Service & Integrity
This address was given to entering law students at BYU Law School on August 20, 2008.
How Do We Practice Our Religion While We Practice?, Thomas B. Griffith
How Do We Practice Our Religion While We Practice?, Thomas B. Griffith
Vol. 2: Service & Integrity
This address was given to the Salt Lake Chapter of the J. Reuben Clark Law Society at the Joseph Smith Memorial Building in Salt Lake City on November 19, 2003.
Peacemaking: Our Essential Work In The Last Days, Chieko N. Okazaki
Peacemaking: Our Essential Work In The Last Days, Chieko N. Okazaki
Vol. 2: Service & Integrity
This address was given at the J. Reuben Clark Law Society Conference at Pepperdine University in Malibu, California, on February 16, 2007.
Packing Your Briefcase, Deanell Reece Tacha
Packing Your Briefcase, Deanell Reece Tacha
Vol. 2: Service & Integrity
This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 27, 2007.
And With All Thy Mind, John W. Welch
And With All Thy Mind, John W. Welch
Vol. 2: Service & Integrity
This devotional address was given to the BYU student body on September 30, 2003.
Conflict Of Interest And Disqualification In The Federal Courts: Suggestions For Reform, Arthur D. Hellman
Conflict Of Interest And Disqualification In The Federal Courts: Suggestions For Reform, Arthur D. Hellman
Testimony
Although federal judges do not run for election, over the last three decades the process of nomination and confirmation has become politicized to a disturbing degree. There is a real danger that the judges will come to be perceived not as dispassionate servants of the law but as political actors who pursue political or ideological agendas. One consequence of these developments is likely to be increased scrutiny of judges’ responses to motions to recuse. Here as in other aspects of the operations of the judiciary, “just trust us” is no longer sufficient.
Two provisions of Title 28 of the United …
Case Study On An Investigation Of Information Security Management Among Law Firms, Sameera Mubarak, Elena Sitnikova
Case Study On An Investigation Of Information Security Management Among Law Firms, Sameera Mubarak, Elena Sitnikova
Australian Information Security Management Conference
The integrity of lawyers trust accounts as come under scrutiny in the last few years. There have been many incidents of trust account fraud reported internationally, including a case in Australia, where an employee of a law firm stole $4,500,000 from the trust funds of forty-two clients. Our study involved interviewing principles of ten law companies to find out solicitors’ attitudes to computer security and the possibility of breaches of their trust accounts. An overall finding highlights that law firms were not current with technology to combat computer crime, and inadequate access control was a major concern in safeguarding account …
Taking Empirical Research Seriously, Susan Saab Fortney
Taking Empirical Research Seriously, Susan Saab Fortney
Faculty Scholarship
This essay considers how empirical research on the legal profession can bridge the divide between theory, social science, and the ethical practice of law. After providing background information on the growing field of empirical legal research, Part I of this essay focuses on developments in empirical legal research on lawyering. Part II discusses how collaboration with practitioners and other stakeholders can help researchers address challenges related to accessing data. Once data are obtained, Part III suggests how dissemination and sharing of research can link the academy and practicing lawyers. The conclusion urges a collaborative course of action for legal ethics …
Law School Officially 'Maurer', Peter Stevenson
Law School Officially 'Maurer', Peter Stevenson
Lauren Robel (2002 Acting; 2003-2011)
No abstract provided.
Putting Best Practices Into Practice: Implementing Change One Step At A Time, Lisa Radtke Bliss
Putting Best Practices Into Practice: Implementing Change One Step At A Time, Lisa Radtke Bliss
Faculty Publications By Year
No abstract provided.
Maybe Mom And Dad Were Right: Musings On The Economic Downturn, Gary A. Munneke
Maybe Mom And Dad Were Right: Musings On The Economic Downturn, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
This issue of the Journal takes a look at the legal profession as it confronts the most serious economic downturn since the Great Depression, but the focus is not on what went wrong, or why. The articles in this issue examine how lawyers and law firms can survive, and thrive again when the economy improves.
Deference To Clients And Obedience To Law: The Ethics Of The Torture Lawyers (A Response To Professor Hatfield), W. Bradley Wendel
Deference To Clients And Obedience To Law: The Ethics Of The Torture Lawyers (A Response To Professor Hatfield), W. Bradley Wendel
NULR Online
In the early months of the Obama administration, we are learning a great deal more about the previous administration’s program of using “enhanced interrogation techniques” on alleged al-Qaeda detainees. On April 16, 2009, the new administration released to the public several memos, prepared by lawyers at the Office of Legal Counsel (“OLC”) in the administration of George W. Bush, dealing with certain legal aspects of whether detainees in U.S. custody could lawfully be subjected to torture. I and many others have criticized the quality of legal reasoning in previously disclosed memos, and it is now conventional wisdom that something went …
Assessing Substance Abuse And Mental Health Among Lawyers, Susan Grover, Mark R. Voss
Assessing Substance Abuse And Mental Health Among Lawyers, Susan Grover, Mark R. Voss
Popular Media
No abstract provided.
The Bursting Of The Pedigree Bubble, William D. Henderson
The Bursting Of The Pedigree Bubble, William D. Henderson
Articles by Maurer Faculty
No abstract provided.
Professionalizing Moral Engagement (A Response To Michael Hatfield), Robert K. Vischer
Professionalizing Moral Engagement (A Response To Michael Hatfield), Robert K. Vischer
NULR Online
In Professionalizing Moral Deference, Michael Hatfield argues that the way we form lawyers “begins with moral desensitization,” a technique that teaches future lawyers “to override [their] moral intuition.” In making his case, Hatfield offers the infamous torture memos as Exhibit A, but they may not be the best vehicle for proving his thesis. As the work of John Yoo shows, some of the most scandalously deficient legal advice may stem (at least in part) from the lawyer’s inability or unwillingness to override his moral intuition. There is no reason to believe, however, that Yoo’s moral intuition would have led …
Impeaching A Federal Judge: Some Lessons From History, Arthur D. Hellman
Impeaching A Federal Judge: Some Lessons From History, Arthur D. Hellman
Testimony
In August 2014, Federal District Judge Mark Fuller was arrested on a charge of misdemeanor battery after his wife called 911 from an Atlanta hotel room and told the operator, “He’s beating on me.” Judge Fuller has agreed to enter a pre-trial diversion program; if he completes the program, the criminal case against him will be dismissed. But Judge Fuller may face other consequences. The Acting Chief Judge of the Eleventh Circuit has initiated proceedings under the federal judicial misconduct statute. And some members of Congress and editorial writers have said that if Judge Fuller does not resign from the …
Professionalizing Moral Deference, Michael Hatfield
Professionalizing Moral Deference, Michael Hatfield
NULR Online
As I write this Essay, legal memoranda about torture, once again, are headline news. This Essay considers these memoranda. However, this Essay does not address the legality of torture or the legal limits of interrogation or even if lawyers who provide bad advice on these issues should be punished. Instead, this Essay uses what has come to light about the “torture memoranda” to consider broader issues about the contemporary state of becoming and being an American lawyer. With new memoranda being released, for the sake of convenience, this Essay refers only to the best-known example (at least as things currently …
Vol. 7, No. 03 (May/June 2009)
Toward Procedural Optionality: Private Ordering Of Public Adjudication, Robert J. Rhee
Toward Procedural Optionality: Private Ordering Of Public Adjudication, Robert J. Rhee
UF Law Faculty Publications
Private resolution and public adjudication of disputes are commonly seen as discrete, antipodal processes. There is a generally held understanding of the dispute resolution processes. The essence of private dispute resolution is that the parties can arrange the disputed rights and entitlements per agreement and without judicial intervention. In public adjudication, however, the sovereign mandates the substantive and procedural laws to be applied, many of which cannot be changed by either a party's unilateral decision or both parties' mutual consent. Neither approach allows a party an option to unilaterally alter important aspects of the process, such as the standards of …
The Detainees' Dilemma: The Virtues And Vices Of Advocacy Strategies In The War On Terror, Peter Margulies
The Detainees' Dilemma: The Virtues And Vices Of Advocacy Strategies In The War On Terror, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Developing A Comprehensive Approach To Teaching Lawyering Skills: A Response To The Maccrate Report Fifteen Years Later, Scott E. Thompson
Developing A Comprehensive Approach To Teaching Lawyering Skills: A Response To The Maccrate Report Fifteen Years Later, Scott E. Thompson
Faculty Publications and Presentations
No abstract provided.
A Close Encounter: People To People International's Legal Research And Library Science Delegation Visits China, Richard Leiter
A Close Encounter: People To People International's Legal Research And Library Science Delegation Visits China, Richard Leiter
Marvin and Virginia Schmid Law Library
Last October, I had the privilege of leading a delegation of (mostly) law librarians on a 10-day professional visit to Beijing and ghai, China. The goal of the trip was to get acquainted with Chinese legal bibliography and China's legal system. The visit was arranged and facilitated by the People to People International Citizen Ambassadors Program headquartered in Spokane, Washington. (If you haven't heard of the organization, please check out its Web site at jwptpAi.so rsgta.)t ed on the Web site, "The purpose of People to People International is to enhance international understanding and friendship through educational, cultural, and humanitarian …
One Person's Junk, Another Person's Treasures: Dissolving A Small Law Book Collection, Gail F. Zwirner
One Person's Junk, Another Person's Treasures: Dissolving A Small Law Book Collection, Gail F. Zwirner
Law Faculty Publications
Decisions to eliminate a book collection occur for various reasons, including retirement, downsizing a home library, or a sweet deal from an online vendor. Law librarians regularly receive inquiries about the purchase or donation of used law books. Many times these calls originate in a law school’s development office after an attorney school seeks his or her law school’s advice on eliminating a significant career investment. An attorney may turn to a law firm librarian for advice as well.
Prosecutorial Regulation Versus Prosecutorial Accountability, Stephanos Bibas
Prosecutorial Regulation Versus Prosecutorial Accountability, Stephanos Bibas
All Faculty Scholarship
No government official has as much unreviewable power or discretion as the prosecutor. Few regulations bind or even guide prosecutorial discretion, and fewer still work well. Most commentators favor more external regulation by legislatures, judges, or bar authorities. Neither across-the-board legislation nor ex post review of individual cases has proven to be effective, however. Drawing on management literature, this article reframes the issue as a principal-agent problem and suggests corporate strategies for better serving the relevant stakeholders. Fear of voters could better check prosecutors, as could victim participation in individual cases. Scholars have largely neglected the most promising avenue of …
Vol. 7, No. 02 (March/April 2009)
Original Sin And Judicial Independence: Providing Accountability For Justices, Paul D. Carrington, Roger C. Cramton
Original Sin And Judicial Independence: Providing Accountability For Justices, Paul D. Carrington, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
Toward A Revised 4.2 No-Contact Rule, Geoffrey C. Hazard Jr.
Toward A Revised 4.2 No-Contact Rule, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.