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Articles 31 - 60 of 163
Full-Text Articles in Legal Profession
Vol. 5, No. 03 (May/June 2007)
Surfing The Next Wave Of Outsourcing: The Ethics Of Sending Domestic Legal Work To Foreign Countries Under New York City Opinion 2006-3, Keith Woffinden
Surfing The Next Wave Of Outsourcing: The Ethics Of Sending Domestic Legal Work To Foreign Countries Under New York City Opinion 2006-3, Keith Woffinden
BYU Law Review
No abstract provided.
Outsourcing And The Globalizing Legal Profession, Jayanth K. Krishnan
Outsourcing And The Globalizing Legal Profession, Jayanth K. Krishnan
William & Mary Law Review
The issue of outsourcing jobs abroad stirs great emotion among Americans. Economic free-traders fiercely defend outsourcing as a positive for the U.S. economy, while critics contend that corporate desire for low wages, alone, drives this practice. In this study Professor Krishnan focuses on a specific type of outsourcing, one which has received scant scholarly attention to date-legal outsourcing. Indeed, because the work is often paralegal in nature, many see the outsourcing of legal jobs overseas as no different from other types of outsourcing. But by using case studies of both the United States and India, the latter of which is …
The Centrality Of Metaphor In Legal Analysis And Communication: An Introduction, David T. Ritchie
The Centrality Of Metaphor In Legal Analysis And Communication: An Introduction, David T. Ritchie
Mercer Law Review
Law, as a domain of human enterprise, is fundamentally discursive in nature. As such, understanding the elements of legal discourse, both analytical and communicative, is vital to understanding the nature of the enterprise. Metaphorical reasoning, and the communication of that reasoning, is one such element. Perhaps metaphor is one among many elements of legal discourse. In this view, metaphor theory would take its place alongside logic, narrative theory, rhetoric, and so on.
Mind, Metaphor, Law, Mark L. Johnson
Mind, Metaphor, Law, Mark L. Johnson
Mercer Law Review
Change, as John Dewey observed, is a basic fact of human experience. We are temporal creatures, and the situations we find ourselves in, the situations that make up the fabric of our lives, are always evolving and developing. The omnipresence of change throughout all human experience thus creates a fundamental problem for law, namely, how can law preserve its integrity over time, while managing to address the newly emerging circumstances that continually arise throughout our history? If, following one extreme, we think of law as fixed, static, and univocal in its content, then law runs the risk of losing its …
Re-Embodying Law, Steven L. Winter
Re-Embodying Law, Steven L. Winter
Mercer Law Review
It was fun to watch the audience of mostly first-year students during Mark Johnson's presentation. Seven weeks into their first semester of law school, this was clearly the most fun they had had so far. And it was easy to see why: law school takes place "from the neck up," so to speak. It is so relentlessly about reason abstracted from the ordinary interests, passions, and other embodied considerations of everyday (not to mention college) life. This deracination of law is ritualized metaphorically in the black robes that enshroud our judges' bodies as if to say, "See, it is all …
Against Acting 'Humanely', Michael Goldberg
Against Acting 'Humanely', Michael Goldberg
Mercer Law Review
Who could possibly be against acting 'humanely'?
I, for one, am willing to be charged with such an offense, for the charge is too broad. What precisely does it mean to act 'humanely'? Name some cases of exemplary individuals acting 'humanely' to give some kind of context for the charge; furnish some case histories that depict specific human beings who stand as virtual metaphors of 'humanity at its best.' I maintain such narratives as these are indispensable if our talk of acting 'humanely' is to have any real content. They provide the various contexts within which we can see what …
Question And Answer Period Of Symposium Participants
Question And Answer Period Of Symposium Participants
Mercer Law Review
No abstract provided.
Clark Memorandum: Spring 2007, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
Clark Memorandum: Spring 2007, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum
- Learning from Our Conflicts (Gerald R. Williams)
- Aligning Our Ethical Compass (Deborah L. Rhode)
- Balancing Family, Church, and Profession (Annette W. Jarvis, Brent J. Belnap, Keith K. Hilbig, Marcus B. Nash, Steven E. Snow)
- The House that Rex Built (Dee v. Benson)
Experience Matters: The Rise Of A Supreme Court Bar And Its Effect On Certiorari, Joseph W. Swanson
Experience Matters: The Rise Of A Supreme Court Bar And Its Effect On Certiorari, Joseph W. Swanson
The Journal of Appellate Practice and Process
No abstract provided.
Judging Judges And Dispute Resolution Processes, John M. Lande
Judging Judges And Dispute Resolution Processes, John M. Lande
Faculty Publications
This article critiques Professor Chris Guthrie's lead symposium article entitled, "Misjudging." Guthrie's article makes two major arguments. The first is a descriptive, empirical argument that judges are prone to error because of three types of "blinders" and that people underestimate the amount of such judicial error. The second argument is prescriptive, recommending that, because of these judicial blinders, disputants should consider using non-judicial dispute resolution processes generally, and particularly facilitative mediation and arbitration.This article critiques both arguments. It notes that, although Guthrie presents evidence that judges do make the kinds of errors that he describes, his article does not address …
State Bar Of California: With Strategic Planning Not Yet Completed, It Projects General Fund Deficits And Needs Continued Improvement In Program Administration, California State Auditor
State Bar Of California: With Strategic Planning Not Yet Completed, It Projects General Fund Deficits And Needs Continued Improvement In Program Administration, California State Auditor
California Agencies
As required by Chapter 342, Statutes of 1999, the Bureau of State Audits presents its audit report concerning the State Bar of California's (State Bar) strategic planning, financial outlook, Legal Services Trust Fund Program (legal services program), and disciplinary process.
Volume 31, Issue 1 (Spring 2007)
The Ethical Mine Field: Corporate Internal Investigations And Individual Assertions Of The Attorney-Client Privilege, Lawton P. Cummings
The Ethical Mine Field: Corporate Internal Investigations And Individual Assertions Of The Attorney-Client Privilege, Lawton P. Cummings
West Virginia Law Review
No abstract provided.
Challenges And Guidance For Lawyering In A Global Society, Susan Saab Fortney
Challenges And Guidance For Lawyering In A Global Society, Susan Saab Fortney
Faculty Scholarship
This foreword provides an overview of some key aspects of law practice that have changed over the last thirty years. Advancements in technology that allow communication and interaction across borders have facilitated lawyers in globalizing their practice locality. Consequently, new issues regarding comparative ethics have arisen. This foreword suggests that ethics rules have not kept pace with the changing landscape of law practice and uses current standards for advanced waivers, rules relating to contracts with represented and unrepresented persons, and the proper use of ethics rules in civil litigation to illustrate this point. This foreword raises concern over the erosion …
Tending The Bar: The "Good Character" Requirement For Law Society Admission, Alice Woolley
Tending The Bar: The "Good Character" Requirement For Law Society Admission, Alice Woolley
Dalhousie Law Journal
Every Canadian law society requires thatapplicants for bar admission be of "good character" The author assesses the administration of this requirement and its statedpurposes ofensuring ethical conductby lawyers, protecting the public and maintaining the profession's reputation. In particular, the premise underlying the use of the good character requirement to fulfill those purposes - that character is the "well-spring of professional conduct in lawyers" - is subjected to critical examination through the theoretical principles of Artistotelian virtue ethics and the empirical evidence of social psychology. The primary thesis of this paper is that as currently justified, administered and applied the good …
Young Associates In Trouble, William D. Henderson, David Zaring
Young Associates In Trouble, William D. Henderson, David Zaring
Michigan Law Review
Large law firms have reputations as being tough places to work, and the larger the firm, the tougher the firm. Yet, notwithstanding the grueling hours and the shrinking prospects of partnership, these firms perennially attract a large proportion of the nation's top law school graduates. These young lawyers could go anywhere but choose to work at large firms. Why do they do so if law firms are as inhospitable as their reputations suggest? Two recent novels about the lives of young associates in large, prestigious law firms suggest that such a rational calculation misapprehends the costs. Law professor Kermit Roosevelt's …
The Bureaucratic Court, Benjamin C. Mizer
The Bureaucratic Court, Benjamin C. Mizer
Michigan Law Review
In August 2006, the New York Times caused a stir by reporting that the number of female law clerks at the United States Supreme Court has fallen sharply in the first full Term in which Justice Sandra Day O'Connor is no longer on the bench. In an era in which nearly fifty percent of all law school graduates are women, the Times reported, less than twenty percent of the clerks in the Court's 2006 Term - seven of thirty-seven - are women. In interviews, Justices Souter and Breyer viewed the sharp drop in the number of female clerks as an …
Capital Defense Lawyers: The Good, The Bad, And The Ugly, Sean D. O'Brien
Capital Defense Lawyers: The Good, The Bad, And The Ugly, Sean D. O'Brien
Michigan Law Review
Professor Welsh S. White's book Litigating in the Shadow of Death: Defense Attorneys in Capital Cases collects the compelling stories of "a new band of dedicated lawyers" that has "vigorously represented capital defendants, seeking to prevent their executions" (p.3). Sadly, Professor White passed away on New Year's Eve, 2005, days before the release of his final work. To the well-deserved accolades of Professor White that were recently published in the Ohio State Journal of Criminal Law, I can only add a poignant comment in a student blog that captures his excellence as a scholar and educator: "I wanted to …
Judging Magic: Can You See The Sleight Of Hand?, Rebecca Johnson
Judging Magic: Can You See The Sleight Of Hand?, Rebecca Johnson
Michigan Law Review
Cultural critic bell hooks says, "Movies make magic. They change things. They take the real and make it into something else right before our very eyes." Movies do not, of course, have an exclusive hold on this ability to change one thing into something else. Law, too, possesses this power. Certainly, one must acknowledge some significant differences in the "magic" of filmic and legal texts. For the most part, as willing consumers of cultural products, we "choose" to subject ourselves to the magic of film. We sit in a darkened theater and let ourselves be taken away to a different …
Vol. 5, No. 02 (March/April 2007)
Forming The Human Person: Can The Seminary Model Save The Legal Profession?, Stephen M. Siptroth
Forming The Human Person: Can The Seminary Model Save The Legal Profession?, Stephen M. Siptroth
Brigham Young University Education and Law Journal
No abstract provided.
A Lawyer's Lament: Law Schools And The "Profession" Of Law, Wayne S. Hyatt
A Lawyer's Lament: Law Schools And The "Profession" Of Law, Wayne S. Hyatt
Vanderbilt Law Review
Back in the mid-eighties, I offered a first year, second semester "un-elective" called American Legal Theory and American Legal Education. It scrunched together two history courses I had taught irregularly before. I liked the way the two topics fit together and still do, but with so many recalcitrant law students enrolled in it, the course was an unmitigated disaster. As is always the case with such attempts at offering perspective, amidst the shambles I had acquired at least a few devoted students. At the end of the last class one of them came up to the front to ask a …
Lawyers And Prophetic Justice, Timothy Floyd
Lawyers And Prophetic Justice, Timothy Floyd
Mercer Law Review
The statue of Lady Justice, a blindfold over her eyes, holding scales in one hand and a sword in the other, is our traditional visual image of justice. The scales convey the idea of neutrality and the weighing of competing interests; they emphasize rationality and the application of neutral principles in decision making. The blindfold emphasizes equality before the law, that the law is dispassionate and objective, and that decision making is untainted by bias. The statue also implies the stability and permanence of the justice system.
In my experience with lawyers, justice is not a regular topic in our …
Experiencing Leadership: Negotiating Boundaries, Authority, Role, And Task In Organizations, Evangeline Sarda
Experiencing Leadership: Negotiating Boundaries, Authority, Role, And Task In Organizations, Evangeline Sarda
Evangeline Sarda
No abstract provided.
Flying The Plane While Reading The Manual: The Challenge Of Getting The Task Done While Learning To Do It, Evangeline Sarda
Flying The Plane While Reading The Manual: The Challenge Of Getting The Task Done While Learning To Do It, Evangeline Sarda
Evangeline Sarda
No abstract provided.
Client Confidentiality, Professional Privilege And Online Communication: Potential Implications Of The Barton Decision, Kelcey Nichols
Client Confidentiality, Professional Privilege And Online Communication: Potential Implications Of The Barton Decision, Kelcey Nichols
Washington Journal of Law, Technology & Arts
In a recent case of first impression, Barton v. U.S. District Court for the Central District of California, the U.S. Court of Appeals for the Ninth Circuit held that an online communication involving an online intake form filled out by prospective clients gave rise to an attorney-client relationship governed by the duty of confidentiality and subject to attorney-client-privilege. The Ninth Circuit’s multi-factored analysis suggests a modified framework for evaluating when the duty of confidentiality and attorney-client relationship can be formed through online communications. This Article discusses Barton’s implications for attorneys and law firms that communicate with clients and …
Surfing Past The Pall Of Orthodoxy: Why The First Amendment Virtually Guarantees Online Law School Graduates Will Breach The Aba Accreditation Barrier, Nicholas C. Dranias
Surfing Past The Pall Of Orthodoxy: Why The First Amendment Virtually Guarantees Online Law School Graduates Will Breach The Aba Accreditation Barrier, Nicholas C. Dranias
ExpressO
The impact of the constitutional dilemma created by the ABA’s aversion to Internet schooling is widespread. Currently, 18 states and 2 U.S. territories restrict bar exam eligibility to graduates of ABA-accredited law schools. Additionally, 29 states and 1 U.S. territory restrict admission to practice on motion to graduates of ABA-accredited law schools.
Although numerous lawsuits have been filed in ultimately failed efforts to strike down bar admission rules that restrict eligibility to graduates of ABA-accredited law schools, none has challenged the ABA-accreditation requirement based on the First Amendment’s prohibition on media discrimination. This Article makes that case.
Despite accelerating technological …