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1989

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Articles 61 - 90 of 90

Full-Text Articles in Legal Profession

Teaching Mediation As A Lawyering Role Developments, Jacqueline Nolan-Haley Jan 1989

Teaching Mediation As A Lawyering Role Developments, Jacqueline Nolan-Haley

Faculty Scholarship

The growth of the alternative dispute resolution (ADR) movement has generated an increased interest in the study and practice of mediation as a nonadversarial method of conflict resolution. With mediation, individuals settle their disputes using a neutral third party who has no power to impose a settlement. Historically, mediation has been widely neglected in legal education, and-except for those involved in the labor field-lawyers have not practiced it. Recent gains in visibility have not necessarily resulted in widespread acceptance of mediation. In fact, mediation has even been openly resisted by some members of the legal profession.


Lawyers' Lives, Clients' Lives: Can Women Liberate The Profession, Lynn Hecht Schafran Jan 1989

Lawyers' Lives, Clients' Lives: Can Women Liberate The Profession, Lynn Hecht Schafran

Villanova Law Review

No abstract provided.


The Report Of The Third Circuit Task Force On Federal Rule Of Civil Procedure 11: An Update, Stephen B. Burbank Jan 1989

The Report Of The Third Circuit Task Force On Federal Rule Of Civil Procedure 11: An Update, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Class Of 1989 Five Year Report Alumni Comments, University Of Michigan Law School Jan 1989

Class Of 1989 Five Year Report Alumni Comments, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This addendum is a compilation of alumni responses to the open-ended comments sections.


That's Just The Way It Is: Langille On Law, Allan C. Hutchinson Jan 1989

That's Just The Way It Is: Langille On Law, Allan C. Hutchinson

Articles & Book Chapters

This article is a defence of the sceptical critique of the legitimacy of law and adjudication. It is a direct reply to the arguments of Professor Brian Langille, whose article "Revolution Without Foundation: The Grammar of Scepticism and Law" appeared in Volume 33 of this Journal. In that article, Langille defended the viability of law, legal discourse and legal critique primarily by attacking the claim that scepticism based on the "indeterminacy of language" can be grounded in the philosophy of Ludwig Wittgenstein. Professor Hutchinson concentrates his spirited response on the indeterminacy of language. He contends that law fails to meet ...


Leon Jaworski, William Hamilton Bryson Jan 1989

Leon Jaworski, William Hamilton Bryson

Law Faculty Publications

An encyclopedia entry on Lew Jaworski


1989 Touro College School Of Law Yearbook, Touro College School Of Law, Touro College Jacob D. Fuchsberg Law Center Jan 1989

1989 Touro College School Of Law Yearbook, Touro College School Of Law, Touro College Jacob D. Fuchsberg Law Center

Yearbooks and Newsletters

1989 Touro College School of Law Yearbook. This was the first year the name "Jacob D. Fuchsberg Law Center" was featured on the yearbook cover. Established in 1980 with the inception of the Law School, on April 13, 1986 the Touro College Law Center was named for one of the Law School's Board members, The Honorable Jacob D. Fuchsberg, Associate Judge of the New York Court of Appeals from 1975 to 1983. The Fuchsberg Law Center was first mentioned in the 1987 yearbook. The name would be retained when the Law School moved to its present location in Central ...


Responding To Client Perjury Under The New Pennsylvania Rules Of Professional Conduct: The Lawyer's Continuing Dilemma, Doris Del Tosto Brogan Jan 1989

Responding To Client Perjury Under The New Pennsylvania Rules Of Professional Conduct: The Lawyer's Continuing Dilemma, Doris Del Tosto Brogan

Villanova Law Review

No abstract provided.


Autopsy Of A Murder: Using Simulation To Teach First Year Criminal Law, Stacy Caplow Jan 1989

Autopsy Of A Murder: Using Simulation To Teach First Year Criminal Law, Stacy Caplow

Faculty Scholarship

No abstract provided.


Admission And Reinstatement Of Felons To The Bar: West Virginia And The General Rule, Leonard Copeland Jan 1989

Admission And Reinstatement Of Felons To The Bar: West Virginia And The General Rule, Leonard Copeland

West Virginia Law Review

No abstract provided.


Risk-Utility Analysis And The Learned Hand Formula: A Hand That Helps Or A Hand That Hides?, Barbara Ann White Jan 1989

Risk-Utility Analysis And The Learned Hand Formula: A Hand That Helps Or A Hand That Hides?, Barbara Ann White

All Faculty Scholarship

Judicial inconsistencies in balancing costs against benefits in legal determinations, sometimes referred to as the Learned Hand Formula, indicate that the implications are not fully understood. The incorporation of more formal economic cost-benefit analysis by some courts has only served to increase the confusion and wariness about fostering such guidelines for social behavior.

This article's purpose is threefold. One is to demonstrate how the use of cost-benefit analysis necessarily imparts the moral and/or political values of the user into his or her decisions. While the cost-benefit technique is itself value-neutral, its application, as will be shown, requires that ...


Invalidation Of Residency Requirements For Admission To The Bar: Opportunities For General Reform, Paul G. Gill Jan 1989

Invalidation Of Residency Requirements For Admission To The Bar: Opportunities For General Reform, Paul G. Gill

University of Richmond Law Review

Individuals must jump several major hurdles to earn the right to practice law. One hurdle state bars have traditionally imposed is the requirement that applicants demonstrate their residency in that state. This must be done either upon application, prior to admission, or upon admission. A residency requirement has been imposed on both applicants applying for admission by examination, and attorney applicants admitted on motion without exam.


Real Estate Law In Probate Practice: Tales Of Woe, Warning, And Wisdom, 23 J. Marshall L. Rev. 121 (1989), Frank J. Harrison Jan 1989

Real Estate Law In Probate Practice: Tales Of Woe, Warning, And Wisdom, 23 J. Marshall L. Rev. 121 (1989), Frank J. Harrison

The John Marshall Law Review

No abstract provided.


Kalish V. Illinois Education Association: Absolute Privileges In Quasi - Judicial Proceedings, 22 J. Marshall L. Rev. 737 (1989), Michael Fahey Jan 1989

Kalish V. Illinois Education Association: Absolute Privileges In Quasi - Judicial Proceedings, 22 J. Marshall L. Rev. 737 (1989), Michael Fahey

The John Marshall Law Review

No abstract provided.


Warrior Bards, Kevin Mccarthy, Michael E. Tigar Jan 1989

Warrior Bards, Kevin Mccarthy, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Legal Education In Australia: An American Perspective, Craig M. Bradley Jan 1989

Legal Education In Australia: An American Perspective, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.


Finding Yourself In Law School, Joel Jay Finer Jan 1989

Finding Yourself In Law School, Joel Jay Finer

Cleveland State Law Review

Congratulations on your acceptance and your decision to enter law school. Some might say after reading this commentary that it was more appropriate for a commencement address. But stop to think. Commencement means beginning. This is your commencement, the beginning of your legal career. And if the values to which I refer are not somewhere in your thoughts during your law school education, when you can begin to see how your technical skills can be put to use in service of whatever justice goals you personally find most meaningful, it may be more difficult to make the connections later on ...


Note: Insuring Rule 11 Sanctions, Cary Coglianese Jan 1989

Note: Insuring Rule 11 Sanctions, Cary Coglianese

Faculty Scholarship at Penn Law

No abstract provided.


The Lawyer’S Professional Independence: Memories, Aspirations, And Realities, Roger C. Cramton Jan 1989

The Lawyer’S Professional Independence: Memories, Aspirations, And Realities, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


Should A Christian Lawyer Serve The Guilty?, Thomas L. Shaffer Jan 1989

Should A Christian Lawyer Serve The Guilty?, Thomas L. Shaffer

Journal Articles

No abstract provided.


Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas L. Shaffer, Mary M. Shaffer Jan 1989

Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas L. Shaffer, Mary M. Shaffer

Journal Articles

No abstract provided.


Hold The Corks: A Comment On Paul Carrington's "Substance" And "Procedure" In The Rules Enabling Act, Stephen B. Burbank Jan 1989

Hold The Corks: A Comment On Paul Carrington's "Substance" And "Procedure" In The Rules Enabling Act, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


The Inside Counsel Movement, Professional Judgment And Organizational Representation, Robert Eli Rosen Jan 1989

The Inside Counsel Movement, Professional Judgment And Organizational Representation, Robert Eli Rosen

Articles

No abstract provided.


The Latest Battle In The Revolution Of Attorney Advertising: A Step Too Far, Elizabeth Frasher Pagani Jan 1989

The Latest Battle In The Revolution Of Attorney Advertising: A Step Too Far, Elizabeth Frasher Pagani

West Virginia Law Review

No abstract provided.


Lawyer Turf And Lawyer Regulation—The Role Of The Inherent-Powers Doctrine, Charles W. Wolfram Jan 1989

Lawyer Turf And Lawyer Regulation—The Role Of The Inherent-Powers Doctrine, Charles W. Wolfram

University of Arkansas at Little Rock Law Review

No abstract provided.


Legal Affinities, Joseph Vining Jan 1989

Legal Affinities, Joseph Vining

Articles

Not long ago, any question of the kind "How may theology serve as a resource in understanding law?" would have been hardly conceivable among lawyers. When Lon Fuller brought out his first book in 1940, The Law in Quest of Itself, he could think of no better way of tagging his adversary the legal positivist than to note a "parallel between theoretical theology and analytical jurisprudence." Two decades later, in the name of realism, Thurman Arnold dismissed Henry Hart's non-positivist jurisprudence in harsh terms. A master of the cutting phrase, he confidently entitled his attack "Professor Hart's Theology ...


First Person Singular, John W. Reed Jan 1989

First Person Singular, John W. Reed

Articles

The hot topic in legal circles is the decline of professionalism. In this often negative age, it ranks right up there with "What's wrong with American schools?" and "Where will we live when the ozone is gone?" and "How can we get a handle on drugs?"-all those terrible things.


Educational Debts And The Worsening Position Of Small-Firm, Government, And Legal-Services Lawyers, David L. Chambers Jan 1989

Educational Debts And The Worsening Position Of Small-Firm, Government, And Legal-Services Lawyers, David L. Chambers

Articles

Law school operating costs are up. Tuitions are up. The debts of law students are up. What is happening to the students who have borrowed large sums? Are their debts affecting their decisions about the jobs to seek? Once in practice, are they significantly affecting the standard of living they can afford to maintain? What, in particular, is the effect of debts on those who enter-or contemplate entering-small firms, government, legal services, and "public interest" work where salaries are lower than in most other settings in which lawyers work? In the preceding essay, Jack Kramer has performed another extremely valuable ...


Accommodation And Satisfaction: Women And Men Lawyers And The Balance Of Work And Family, David L. Chambers Jan 1989

Accommodation And Satisfaction: Women And Men Lawyers And The Balance Of Work And Family, David L. Chambers

Articles

This study of graduates of the University of Michigan Law School from the late 1970s reports on the differing ways that women and men have responded to the conflicting claims of work and family. It finds that women with children who have entered the profession have indeed continued to bear the principalr esponsibilitiesf or the care of children, but it alsof inds that these women, with all their burdens, are more satisfied with their careers and with the balance of their family and professional lives than other women and than men.


The Lawyer's Duty To Keep Clients Informed: Establishing A Standard Of Care In Professional Liability Actions, Gary A. Munneke Jan 1989

The Lawyer's Duty To Keep Clients Informed: Establishing A Standard Of Care In Professional Liability Actions, Gary A. Munneke

Pace Law Faculty Publications

This Article will explore the problem of the attorney's duty to provide clients with adequate information to make informed decisions. It will discuss situations in which such a duty is appropriate, and suggest that a cause of action for informed consent must be limited to those fact patterns where courts have established the right of the client to make the decision. The analysis rejects establishment of a broad right of the client to control all aspects of the representation. The Article will first review the history of the development of professional liability law with particular emphasis on the medical ...