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Legal Profession Commons

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2006

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Articles 1 - 30 of 186

Full-Text Articles in Legal Profession

Hiding Evidence From The Boss: Attorney-Client Privilege And Company Computers, Kelcey Nichols Dec 2006

Hiding Evidence From The Boss: Attorney-Client Privilege And Company Computers, Kelcey Nichols

Washington Journal of Law, Technology & Arts

Recent court decisions in In re Asia Global Crossing, Ltd., People v. Jiang, and Curto v. Medical World Communications have held that attorney-client privilege can protect certain information located on an employer-issued computer from disclosure if the employee had a reasonable expectation of privacy. This Article provides a brief background on attorney-client privilege and explores the factors courts consider when determining whether an employee has this reasonable expectation. These factors include the scope of employer monitoring, the employer-employee agreement pertaining to the computer, the presence of password-protection, the location of the computer, and the relevancy of the evidence to a ...


Professionalism And Ethics In Criminal Law, Randall Coyne Nov 2006

Professionalism And Ethics In Criminal Law, Randall Coyne

Randall Coyne

No abstract provided.


Vol. 4, No. 07 (November/December 2006) Nov 2006

Vol. 4, No. 07 (November/December 2006)

Indiana Law Update

No abstract provided.


Edward R. Becker: A Man In Full, Stephen B. Burbank Nov 2006

Edward R. Becker: A Man In Full, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Clark Memorandum: Fall 2006, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Nov 2006

Clark Memorandum: Fall 2006, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Conflicts Of Interest And Institutional Litigants, Curtis E.A. Karnow Oct 2006

Conflicts Of Interest And Institutional Litigants, Curtis E.A. Karnow

ExpressO

This paper uses techniques borrowed from the field of game theory to describe rational bargaining among institutional litigants, and explains how the results, while often not leading to the rational outcome in a given case, do rationally serve a more general strategy. The paper then reviews the law on conflicts of interests and concludes that such conflicts—as between attorney and client, and among clients—will often result when institutional litigants bargain. The paper continues with a review on the law of waiver and provides a basis to accommodate the conflicts of interests. That accommodation however will often not be ...


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


A Satire Of Law Firm Employment Practices (Book Review Of Anonymous Lawyer, By Jeremy Blachman), Miriam A. Cherry Oct 2006

A Satire Of Law Firm Employment Practices (Book Review Of Anonymous Lawyer, By Jeremy Blachman), Miriam A. Cherry

ExpressO

My essay is a review of Jeremy Blachman’s new book, Anonymous Lawyer. The book is a black-humorous stab at the hearts and souls of large elite law firms everywhere (if firms had such things as hearts and souls). In this review essay, I discuss why the blog struck a chord with so many readers, and why the novel Anonymous Lawyer contains a serious message about employment at law firms. First, I place Anonymous Lawyer within the tradition of satire surrounding the legal profession. Specifically, I compare Blachman’s novel to John Jay Osborne Jr.’s earlier novel The Associates ...


The Case For American History In The Law-School Curriculum, Harold P. Southerland Oct 2006

The Case For American History In The Law-School Curriculum, Harold P. Southerland

ExpressO

This article argues for the teaching of American History throughout the first year of law school. I do not believe that students can fully understand the cases they are reading in other courses without a knowledge of environing context. Understanding American History -- which is many respects doesn't paint a flattering picture -- may also help students in making fundamental choices about what role they wish to play in their careers as lawyers. I believe it is time to recognize that too much of the profession is run as a business and not as a noble calling dedicated to helping those ...


From The Dean, Lauren K. Robel Oct 2006

From The Dean, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.


Retired And Working, Roger Philip Kerans Oct 2006

Retired And Working, Roger Philip Kerans

The Journal of Appellate Practice and Process

No abstract provided.


A Firm Foundation For Life After The Bench, Vincent L. Mckusick Oct 2006

A Firm Foundation For Life After The Bench, Vincent L. Mckusick

The Journal of Appellate Practice and Process

No abstract provided.


Fall 2006 Oct 2006

Fall 2006

Bill of Particulars

No abstract provided.


How I Got To The New York Court Of Appeals, Albert M. Rosenblatt Oct 2006

How I Got To The New York Court Of Appeals, Albert M. Rosenblatt

The Journal of Appellate Practice and Process

No abstract provided.


Preface, D. P. Marshall Jr. Oct 2006

Preface, D. P. Marshall Jr.

The Journal of Appellate Practice and Process

No abstract provided.


All Right, Retired Judges, Write!, Ruggero J. Aldisert Oct 2006

All Right, Retired Judges, Write!, Ruggero J. Aldisert

The Journal of Appellate Practice and Process

No abstract provided.


Stepping Down, D. Brock Hornby Oct 2006

Stepping Down, D. Brock Hornby

The Journal of Appellate Practice and Process

No abstract provided.


Transitioning, Frank M. Coffin Oct 2006

Transitioning, Frank M. Coffin

The Journal of Appellate Practice and Process

No abstract provided.


One Judge's Journey, Janine P. Geske Oct 2006

One Judge's Journey, Janine P. Geske

The Journal of Appellate Practice and Process

No abstract provided.


Advocacy At Its Best: The Views Of Appellate Staff Attorneys, Joseph C. Merling Oct 2006

Advocacy At Its Best: The Views Of Appellate Staff Attorneys, Joseph C. Merling

The Journal of Appellate Practice and Process

No abstract provided.


Reflections On Appellate Courts: An Appellate Advocate's Thoughts For Judges, Mary Massaron Ross Oct 2006

Reflections On Appellate Courts: An Appellate Advocate's Thoughts For Judges, Mary Massaron Ross

The Journal of Appellate Practice and Process

No abstract provided.


Guidelines For The President's Legal Advisors (Including "Principles To Guide The Office Of Legal Counsel "), Dawn E. Johnsen Oct 2006

Guidelines For The President's Legal Advisors (Including "Principles To Guide The Office Of Legal Counsel "), Dawn E. Johnsen

Indiana Law Journal

No abstract provided.


"The Pride Of Indiana": An Empirical Study Of The Law School Experience And Careers Of Indiana University School Of Law-Bloomington Alumni, Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Kaushik Mukhopadhaya, Timothy Haley Oct 2006

"The Pride Of Indiana": An Empirical Study Of The Law School Experience And Careers Of Indiana University School Of Law-Bloomington Alumni, Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Kaushik Mukhopadhaya, Timothy Haley

Indiana Law Journal

No abstract provided.


2006 Changes To The Florida Rules Of Professional Conduct, Heather P. Baxter Oct 2006

2006 Changes To The Florida Rules Of Professional Conduct, Heather P. Baxter

Faculty Scholarship

No abstract provided.


Capturing And Critiquing Student Performance: Some Psychodynamic Aspects Of Interviewing, Evangeline Sarda Sep 2006

Capturing And Critiquing Student Performance: Some Psychodynamic Aspects Of Interviewing, Evangeline Sarda

Evangeline Sarda

No abstract provided.


Form And Substance: Standards For Promotion And Retention Of Legal Writing Faculty On Clinical Tenure Track, Melissa H. Weresh Sep 2006

Form And Substance: Standards For Promotion And Retention Of Legal Writing Faculty On Clinical Tenure Track, Melissa H. Weresh

ExpressO

This article compares standards for promotion and retention of legal writing faculty on a clinical tenure track. The article provides a brief history of legal writing professionals and examines specific employment criteria such as teaching, service, and scholarship. The article makes recommendations regarding those criteria based upon an assessment of institutional realities and the historical development of the profession.


Herding Bullfrogs Towards A More Balanced Wheelbarrow: An Illustrative Recommendation For Federal Sentencing Post-Booker, Brian R. Gallini, Emily Q. Shults Sep 2006

Herding Bullfrogs Towards A More Balanced Wheelbarrow: An Illustrative Recommendation For Federal Sentencing Post-Booker, Brian R. Gallini, Emily Q. Shults

ExpressO

The Article argues in favor of shifting the balance in federal sentencing toward a more indeterminate system. By exploring the post-Booker legal landscape at both the federal and state levels, the Article asserts that the judiciary's continued reliance on the “advisory" Guidelines has practically changed federal sentencing procedures very little in form or function. Accordingly, the Article proffers that, rather than insisting upon the Guidelines' immutability, federal sentencing would do well to reflect upon its own history, and the evolution of its state counterparts.


Flattening The World Of Legal Services? The Ethical And Liability Minefields Of Offshoring Legal And Law-Related Services, Carole Silver, Mary C. Daly Sep 2006

Flattening The World Of Legal Services? The Ethical And Liability Minefields Of Offshoring Legal And Law-Related Services, Carole Silver, Mary C. Daly

ExpressO

This article examines offshore outsourcing of legal and law-related services as the newest twist in the international market for legal services. We consider the impact of offshore outsourcing on the profession generally and analyze the ethical issues raised by offshore outsourcing, both as it exists today and as the practice may develop in the future. The article begins by situating offshore outsourcing in the framework of relationships created in the context of delivery of legal services. This framework is used, in turn, to construct a structure of analysis for the ethical implications of offshore outsourcing. Lawyers who outsource to offshore ...


Tough Talk From The Supreme Court On Free Speech: The Illusory Per Se Rule In Garcetti As Further Evidence Of Connick’S Unworkable Employee/Citizen Speech Partition, Sonya K. Bice Sep 2006

Tough Talk From The Supreme Court On Free Speech: The Illusory Per Se Rule In Garcetti As Further Evidence Of Connick’S Unworkable Employee/Citizen Speech Partition, Sonya K. Bice

ExpressO

Garcetti v. Ceballos was intended to clear up an area of First Amendment law so murky that it was the source not only of circuit splits but also of intra-circuit splits—panels from within the same circuit had arrived at opposite results in nearly identical cases. As it turned out, the Supreme Court itself was as splintered as the circuits. Of all the previously argued cases that remained undecided during the Court’s transition involving Justice O’Connor’s retirement and Justice Alito’s confirmation, Garcetti was the only one for which the Court ordered a second argument. This suggested ...


Imagining The Law-Trained Reader: The Faulty Description Of The Audience In Legal Writing Textbooks., Jessica E. Price Sep 2006

Imagining The Law-Trained Reader: The Faulty Description Of The Audience In Legal Writing Textbooks., Jessica E. Price

ExpressO

In law schools today, first-year legal writing courses play a crucial role in helping students learn to communicate about the law. Many legal writing teachers approach legal writing education in a practical way, attempting to pass on their own experiences in law practice settings to students. Unfortunately, as other writers have observed, such reliance on personal knowledge about “what lawyers are like” may lead legal writing teachers to oversimplify a complicated matter – the needs and preferences of the audience for legal writing – and may even amount to indoctrination in stereotypes about law practice. This article offers a closer look than ...