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2009

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Articles 1 - 30 of 98

Full-Text Articles in Legal Profession

A Restatement Of Contracts, Cree-L Kofford Dec 2009

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 Dec 2009

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 Dec 2009

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 Dec 2009

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 Dec 2009

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 Dec 2009

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 Dec 2009

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 Dec 2009

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 Dec 2009

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 Oct 2009

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 Sep 2009

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 Sep 2009

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 Sep 2009

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 Aug 2009

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 Jul 2009

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 Jul 2009

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 Jun 2009

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 Jun 2009

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 Jun 2009

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) May 2009

Vol. 7, No. 03 (May/June 2009)

Indiana Law Update

No abstract provided.


Toward Procedural Optionality: Private Ordering Of Public Adjudication, Robert J. Rhee May 2009

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 Apr 2009

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 Apr 2009

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 Apr 2009

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 …


Spring 2009 Apr 2009

Spring 2009

Alumni News

No abstract provided.


One Person's Junk, Another Person's Treasures: Dissolving A Small Law Book Collection, Gail F. Zwirner Apr 2009

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 Apr 2009

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) Mar 2009

Vol. 7, No. 02 (March/April 2009)

Indiana Law Update

No abstract provided.


Original Sin And Judicial Independence: Providing Accountability For Justices, Paul D. Carrington, Roger C. Cramton Mar 2009

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. Mar 2009

Toward A Revised 4.2 No-Contact Rule, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.