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Articles 151 - 180 of 215
Full-Text Articles in Legal Profession
How The Plaintiffs’ Bar Bars Plaintiffs, Richard L. Abel
How The Plaintiffs’ Bar Bars Plaintiffs, Richard L. Abel
NYLS Law Review
No abstract provided.
Separating The Criminals From The Community: Procedural Remedies For “Innocent Owners” In Public Housing Authorities, Sarah N. Kelly
Separating The Criminals From The Community: Procedural Remedies For “Innocent Owners” In Public Housing Authorities, Sarah N. Kelly
NYLS Law Review
No abstract provided.
Texas Plaintiffs’ Practice In The Age Of Tort Reform: Survival Of The Fittest — It’S Even More True Now, Stephen Daniels, Joanne Martin
Texas Plaintiffs’ Practice In The Age Of Tort Reform: Survival Of The Fittest — It’S Even More True Now, Stephen Daniels, Joanne Martin
NYLS Law Review
No abstract provided.
Uncovering The Past: Lessons From Doing Legal History, Annette Gordon-Reed
Uncovering The Past: Lessons From Doing Legal History, Annette Gordon-Reed
NYLS Law Review
No abstract provided.
“Ain’T No Goin’ Back”: Teaching Mental Disability Law Courses Online, Michael L. Perlin
“Ain’T No Goin’ Back”: Teaching Mental Disability Law Courses Online, Michael L. Perlin
NYLS Law Review
No abstract provided.
A Proposal To Use Common Ground That Exists Between The Medical And Legal Professions To Promote A Culture Of Safety, Steven E. Pegalis
A Proposal To Use Common Ground That Exists Between The Medical And Legal Professions To Promote A Culture Of Safety, Steven E. Pegalis
NYLS Law Review
No abstract provided.
The Two Hemispheres Of Legal Education And The Rise And Fall Of Local Law Schools, Randolph N. Jonakait
The Two Hemispheres Of Legal Education And The Rise And Fall Of Local Law Schools, Randolph N. Jonakait
NYLS Law Review
No abstract provided.
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit
Faculty Works
The thesis of The Heuristics Problem is that the societal problems about which identity theorists are most concerned often spring from and are reinforced by thinking riddled with heuristic errors. This article first investigates the ways heuristic errors influence popular perceptions of feminist issues. Feminists and critical race theorists have explored the cognitive bias of stereotyping, but have not examined the ways probabilistic errors can have gendered consequences. Second, The Heuristics Problem traces some of the ways cognitive errors have influenced the development of laws relating to gender issues. It explores instances in judicial decisions in which courts commit heuristic …
Dedication, 39 J. Marshall L. Rev. Iii (2006), Honorable William J. Bauer
Dedication, 39 J. Marshall L. Rev. Iii (2006), Honorable William J. Bauer
UIC Law Review
No abstract provided.
Standards Of Practice For Pension Practitioners, 39 J. Marshall L. Rev. 667 (2006), David Pratt
Standards Of Practice For Pension Practitioners, 39 J. Marshall L. Rev. 667 (2006), David Pratt
UIC Law Review
No abstract provided.
Fundamental Dimensions Of Law And Legal Education: An Historical Framework - A History Of U.S. Legal Education Phase I: From The Founding Of The Republic Until The 1860s, 39 J. Marshall L. Rev. 1041 (2006), Mark L. Jones
UIC Law Review
No abstract provided.
Foreword, 39 J. Marshall L. Rev. I (2006), Debra Pogrund Stark
Foreword, 39 J. Marshall L. Rev. I (2006), Debra Pogrund Stark
UIC Law Review
No abstract provided.
Law Students With Attention Deficit Disorder: How To Reach Them, How To Teach Them, 39 J. Marshall L. Rev. 349 (2006), Robin A. Boyle
Law Students With Attention Deficit Disorder: How To Reach Them, How To Teach Them, 39 J. Marshall L. Rev. 349 (2006), Robin A. Boyle
UIC Law Review
No abstract provided.
Inherent Attorney Conflicts Of Interest Under Erisa: Using The Model Rules Of Professional Conduct To Discourage Joint Representation Of Dual Role Fiduciaries, 39 J. Marshall L. Rev. 721 (2006), Paul M. Secunda
UIC Law Review
No abstract provided.
The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy
The "Priority Statute" - The United States' "Ace-In-The-Hole", 39 J. Marshall L. Rev. 1205 (2006), Richard H.W. Maloy
UIC Law Review
No abstract provided.
The Best Kept Secret In The Law: How To Get Paid To Live On A Tropical Island, Michael J. Keyser
The Best Kept Secret In The Law: How To Get Paid To Live On A Tropical Island, Michael J. Keyser
Florida State University Journal of Transnational Law & Policy
No abstract provided.
A Uniform Fee-Setting System For Calculating Court-Awarded Attorneys’ Fees: Combining Ex Ante Rates With A Multifactor Lodestar Method And A Performance-Based Mathematical Model, Matthew D. Klaiber
A Uniform Fee-Setting System For Calculating Court-Awarded Attorneys’ Fees: Combining Ex Ante Rates With A Multifactor Lodestar Method And A Performance-Based Mathematical Model, Matthew D. Klaiber
Maryland Law Review
No abstract provided.
Why Care About The History Of Women In The Legal Profession, Mary Clark
Why Care About The History Of Women In The Legal Profession, Mary Clark
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Jury Trial And The Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr.
Jury Trial And The Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Two Distinct Roles/Bright Line Test, Donald N. Duquette
Two Distinct Roles/Bright Line Test, Donald N. Duquette
Articles
It is a mistake to try to develop a single lawyer role for children in child welfare cases which tries to accommodate their developing capacities from infants to articulate teens. The older child needs a traditional attorney; the youngest child, incapable of directing counsel, needs a substitute to define and advocate for his or her best interests. We should adopt different standards for the different advocate roles. Trying to define a single lawyer role for children of all ages and all capacities is an impossible task. A better approach towards recognizing and accommodating the child's developing cognitive abilities and judgment …
A Price Theory Of Legal Bargaining: An Inquiry Into The Selection Of Settlement And Litigation Under Uncertainty, Robert J. Rhee
A Price Theory Of Legal Bargaining: An Inquiry Into The Selection Of Settlement And Litigation Under Uncertainty, Robert J. Rhee
UF Law Faculty Publications
Conventional wisdom says that economic surplus is created when the cost of litigation is foregone in favor of settlement, a theory flowing from the Coase Theorem. The cost-benefit analysis weighs settlement against the expected value of litigation net of transaction cost. This calculus yields the normative proposition that settlement is a superior form of dispute resolution and so most trials are considered errors. While simple in concept, the prevailing economic model is flawed. This article is a theoretical inquiry into the selection criteria of settlement and trial. It applies principles of financial economics to construct a pricing theory of legal …
Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver
Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver
Articles by Maurer Faculty
This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools to new competition from foreign …
Lawyering For A Cause And Experiences From Abroad, Jayanth K. Krishnan
Lawyering For A Cause And Experiences From Abroad, Jayanth K. Krishnan
Articles by Maurer Faculty
For more than a decade, there has been a steady growth in what is now commonly referred to as the 'cause lawyering' literature. Partly as a response to those who were critical of the legal profession during the 1970s and 1980s, cause lawyering scholars have sought to rebut these critics' charges, as well as more comprehensively illustrate what, why, and how cause lawyers do what they do. While the critics of cause lawyers on the one hand, and cause lawyering scholars on the other, have made enormous contributions to the debate, only recently has the discourse shifted to examining an …
Retaining Life Tenure: The Case For A Golden Parachute, Ryan W. Scott, David R. Stras
Retaining Life Tenure: The Case For A Golden Parachute, Ryan W. Scott, David R. Stras
Articles by Maurer Faculty
The first vacancies on the Supreme Court in eleven years have sparked renewed debate about the continued viability of life tenure for federal judges. Scholars have decried life tenure as one of the Framers' worst blunders, pointing to issues such as strategic retirement, longer average tenure, and widespread mental infirmity of justices. In this Article, the authors argue that, notwithstanding the serious problem of mental and physical infirmity on the Court, life tenure should be retained. They also argue that recent statutory proposals to eliminate or undermine life tenure, for example through a mandatory retirement age or term limits, are …
Indiana Law In Evolution, Yvonne Cripps
Indiana Law In Evolution, Yvonne Cripps
Articles by Maurer Faculty
No abstract provided.
Do Attorneys Do Their Clients Justice? An Empirical Study Of Lawyers' Effects On Tax Court Litigation Outcomes, Leandra Lederman, Warren B. Hrung
Do Attorneys Do Their Clients Justice? An Empirical Study Of Lawyers' Effects On Tax Court Litigation Outcomes, Leandra Lederman, Warren B. Hrung
Articles by Maurer Faculty
Do attorneys really add value or can unrepresented parties achieve equivalent results? This fundamental question ordinarily is difficult to answer empirically. An equally important question both for attorneys and the justice system is whether attorneys prolong disputes or instead facilitate expeditious resolution of cases.
Fortunately, there is a federal court that provides an excellent laboratory in which to test and answer these questions. In the United States Tax Court (Tax Court), where most federal tax cases are litigated, the government always is represented by Internal Revenue Service attorneys but a large portion of the taxpayer litigants proceed pro se. In …
Power As A Factor In Lawyers' Ethical Deliberation, Susan Carle
Power As A Factor In Lawyers' Ethical Deliberation, Susan Carle
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Services As Objects Of International Trade: Bartering The Legal Profession, Louise L. Hill
Services As Objects Of International Trade: Bartering The Legal Profession, Louise L. Hill
Vanderbilt Journal of Transnational Law
The General Agreement on Trade in Service calls for members of the World Trade Organization (WTO) to further liberalize and expand opportunities for international trade in services. With legal services included in this mandate, requests for specific commitments and offers have been made by WTO Member States. While services as components of international trade is new to many of the WTO Member States, free movement of services has been addressed by the European Union (EU) since the inception of the European Economic Community. Thus EU directives, declarations, codes and case law serve as valuable resources to WTO Member States as …
Lawyers' Professionalism, Colonialism, State Formation And National Life In Nigeria, 1900-1960: 'The Fighting Brigade Of The People', Chidi Oguamanam, W. Wesley Pue
Lawyers' Professionalism, Colonialism, State Formation And National Life In Nigeria, 1900-1960: 'The Fighting Brigade Of The People', Chidi Oguamanam, W. Wesley Pue
All Faculty Publications
This essay explores the role of the organized legal profession in relation to British Imperialism, state formation, and independence in Nigeria. Drawing on recent works in the fields of post-colonial legal studies and cultural histories of legal professions, the paper develops an understanding of lawyering and lawyers' associations as deeply implicated in the myriad cultural projects through which law simultaneously 'civilizes' provincials and mediates between centre and locale. The paper reviews new developments in theories of legal professionalism and surveys secondary literatures of lawyers in colonial processes. It assesses the historical processes linking imperialism, law, and lawyers from the establishment …
Pro Se Defendants And The Appointment Of Advisory Counsel, H. Patrick Furman
Pro Se Defendants And The Appointment Of Advisory Counsel, H. Patrick Furman
Publications
This article provides an overview of advisory counsel used to assist pro se criminal defendants, including the appointment and duties of advisory counsel, ethical obligations, and considerations for trial judges and prosecutors.