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2011

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Full-Text Articles in Legal Profession

Akzo And The Debate On In-House Privilege In The European Union, Clinton R. Long Dec 2011

Akzo And The Debate On In-House Privilege In The European Union, Clinton R. Long

Brigham Young University International Law & Management Review

No abstract provided.


A Comparative Analysis Of Judicial Selection Methods In Tennessee And Kentucky: Appointed V. Elected, Eileen M. Forsythe Dec 2011

A Comparative Analysis Of Judicial Selection Methods In Tennessee And Kentucky: Appointed V. Elected, Eileen M. Forsythe

Honors College Capstone Experience/Thesis Projects

This thesis explores the relationship between judicial independence and judicial accountability by investigating the question of how selection methods shape state appellate court decisions. I conducted a case study using the states of Tennessee and Kentucky and the judicial selection methods of appointments and elections. I then conducted a sample of cases and did a comparative quantitative analysis of reversal records between the two states in the hopes of finding a statistical difference from my research. The debate between judicial selection methods is not a simple question and this thesis alone cannot provide the answer, but I hope that my ...


Viewpoint: Post-Feminist Legal Profession? Not So Fast, Drucilla S. Ramey Dec 2011

Viewpoint: Post-Feminist Legal Profession? Not So Fast, Drucilla S. Ramey

Publications

Just the other day I had occasion to dine with a group of remarkable women of a certain age who had recently been featured by this newspaper as "Women Leaders in the Law: Blazing the trail for 35-plus years." Right there you knew, of course, that these were women who had stayed the course, who had early and often resisted the siren call of a more conventional path, and who collectively called to mind the rallying cry of an earlier time: "This is what a feminist looks like."

Having individually and together fought their way to the top of their ...


Two Innovative Practice Prep Exercises, E. Joan Blum Dec 2011

Two Innovative Practice Prep Exercises, E. Joan Blum

E. Joan Blum

No abstract provided.


Buxbaum Named Iu Maurer School Of Law Interim Dean Dec 2011

Buxbaum Named Iu Maurer School Of Law Interim Dean

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.


Buxbaum To Oversee Indiana-Bloomington While Robel Away Dec 2011

Buxbaum To Oversee Indiana-Bloomington While Robel Away

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.


Buxbaum Named Interim Dean Of Iu Maurer School Of Law Dec 2011

Buxbaum Named Interim Dean Of Iu Maurer School Of Law

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.


Law Dean Named Interim Provost, Kourtney Liepelt Dec 2011

Law Dean Named Interim Provost, Kourtney Liepelt

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.


The Hollowness Of The Harm Principle, Steven D. Smith Dec 2011

The Hollowness Of The Harm Principle, Steven D. Smith

Steven D. Smith

Among the various instruments in the toolbox of liberalism, the so-called “harm principle,” presented as the central thesis of John Stuart Mill’s classic On Liberty, has been one of the most popular. The harm principle has been widely embraced and invoked in both academic and popular debate about a variety of issues ranging from obscenity to drug regulation to abortion to same-sex marriage, and its influence is discernible in legal arguments and judicial opinions as well. Despite the principle’s apparent irresistibility, this essay argues that the principle is hollow. It is an empty vessel, alluring but without any ...


The Tenuous Case For Conscience, Steven D. Smith Dec 2011

The Tenuous Case For Conscience, Steven D. Smith

Steven D. Smith

If there is any single theme that has provided the foundation of modern liberalism and has infused our more specific constitutional commitments to freedom of religion and freedom of speech, that theme is probably “freedom of conscience.” But some observers also perceive a progressive cheapening of conscience– even a sort of degradation. Such criticisms suggest the need for a contemporary rethinking of conscience. When we reverently invoke “conscience,” do we have any idea what we are talking about? Or are we just exploiting a venerable theme for rhetorical purposes without any clear sense of what “conscience” is or why it ...


What One Lawyer Can Do For Society: Lessons From The Remarkable Career Of William P. Homans, Jr., Mark S. Brodin Dec 2011

What One Lawyer Can Do For Society: Lessons From The Remarkable Career Of William P. Homans, Jr., Mark S. Brodin

Boston College Law School Faculty Papers

William P. Homans Jr. was an iconic civil liberties and criminal defense lawyer who mentored generations of younger lawyers that followed in his path. He appeared in cases that defined his times, from representing targets of the McCarthy-era inquisitions of the 1950s, to defending publishers of books like Tropic of Cancer when the authorities sought to suppress them, to serving on the defense team in the conspiracy trial of internationally-renowned pediatrician Benjamin Spock and four other leaders of the anti-Vietnam-War movement, to defending a doctor charged with manslaughter arising from an abortion he performed soon after Roe v. Wade legalized ...


Asp Without Stigma: Serving Our Diverse Populations: Introductory And Conference Summary Comments, Elisabeth Keller Nov 2011

Asp Without Stigma: Serving Our Diverse Populations: Introductory And Conference Summary Comments, Elisabeth Keller

Elisabeth Keller

No abstract provided.


Where Did My Privilege Go? Congress And Its Discretion To Ignore The Attorney-Client Privilege, Don Berthiaume, Jeffrey Ansley Nov 2011

Where Did My Privilege Go? Congress And Its Discretion To Ignore The Attorney-Client Privilege, Don Berthiaume, Jeffrey Ansley

Don R Berthiaume

“The right to counsel is too important to be passed over for prosecutorial convenience or executive branch whimsy. It has been engrained in American jurisprudence since the 18th century when the Bill of Rights was adopted... However, the right to counsel is largely ineffective unless the confidential communications made by a client to his or her lawyer are protected by law.”[1] So said Senator Arlen Specter on February 13, 2009, just seven months before Congress chose to ignore the very privilege he lauded. Why then, if the right to counsel is as important as Senator Specter articulated, does Congress ...


Teaching Law In The University – Shaping Future Generations, Jack Tsen-Ta Lee Nov 2011

Teaching Law In The University – Shaping Future Generations, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

This paper, which was written for the book The Practice of Law (Singapore: LexisNexis, 2011), gives an insight into what teaching law in a Singapore university is like from the perspective of a young law academic. It considers various aspects of an academic’s job – research and writing, teaching, and administration, for instance – and provides pointers on how one might best position oneself for an academic career.


Acting "A Very Moral Type Of God": Triage Among Poor Clients, Paul R. Tremblay Nov 2011

Acting "A Very Moral Type Of God": Triage Among Poor Clients, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


Responses To The Conference, Impromptu Lawyering And De Facto Guardians, Paul R. Tremblay Nov 2011

Responses To The Conference, Impromptu Lawyering And De Facto Guardians, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.


Social Media And Legal Ethics, Jonathan I. Ezor Nov 2011

Social Media And Legal Ethics, Jonathan I. Ezor

Jonathan I. Ezor

A presentation on the legal issues arising out of attorney use of social media services, including for electronic discovery


2011 Woman Of Influence: Lauren K. Robel, Tawn Parent Nov 2011

2011 Woman Of Influence: Lauren K. Robel, Tawn Parent

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.


Introduction: Law, Torture, And The “Task Of The Good Lawyer” – Mukasey Agonistes , Daniel Kanstroom Nov 2011

Introduction: Law, Torture, And The “Task Of The Good Lawyer” – Mukasey Agonistes , Daniel Kanstroom

Daniel Kanstroom

Following September 11, 2001, there was a challenge to the role of law as a regulator of military action and executive power. Government lawyers produced legal interpretations designed to authorize, legitimize, and facilitate interrogation tactics widely considered to be illegal. This raises a fundamental question: how should law respond to such flawed interpretation and its consequences, even if the ends might have seemed necessary or just? This Symposium examines deep tensions between competing visions of the rule of law and the role of lawyers. Spurred by a controversy over the selection of then-Attorney General Michael Mukasey as commencement speaker, the ...


On “Waterboarding”: Legal Interpretation And The Continuing Struggle For Human Rights , Daniel Kanstroom Nov 2011

On “Waterboarding”: Legal Interpretation And The Continuing Struggle For Human Rights , Daniel Kanstroom

Daniel Kanstroom

While some aspects of the “waterboarding” debate are largely political, the practice also implicates deeply normative underpinnings of human rights and law. Attorney General Michael Mukasey has steadfastly declined to declare waterboarding illegal or to launch an investigation into past waterboarding. His equivocations have generated anguished controversy because they raise a fundamental question: should we balance “heinousness and cruelty” against information that we “might get”? Mr. Mukasey’s approach appears to be careful lawyering. However, it portends a radical and dangerous departure from a fundamental premise of human rights law: the inherent dignity of each person. Although there is some ...


“Impact” In 3d—Maximizing Impact Through Transactional Clinics, Praveen Kosuri Nov 2011

“Impact” In 3d—Maximizing Impact Through Transactional Clinics, Praveen Kosuri

Faculty Scholarship at Penn Law

In speaking about “impact” clinical legal education, it is almost always exclusively as litigation—innocence projects, representing Guantanamo detainees, human rights concerns, environmental issues. Though these clinical efforts target different societal ills, all try to use the legal system as a catalyst for change. Rarely do clinicians invoke the word “impact” in the same manner in discussing transactional legal work much less transactional clinics. Yet transactional clinics can and do perform impact work. This article describes the current landscape of transactional clinics, the distinct evolution of community economic development clinics from small business and organizations clinics and argues that both ...


Clark Memorandum: Fall 2011, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Nov 2011

Clark Memorandum: Fall 2011, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Remarks Of Lauren K. Robel President-Elect Association Of American Law Schools, Lauren K. Robel Nov 2011

Remarks Of Lauren K. Robel President-Elect Association Of American Law Schools, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

Remarks made at the Standards Review Committee Meeting Chicago, Illinois, November 2011.


Moderator, Third Panel On Cost And Implementation At Boston College Law School Symposium On "The Way To Carnegie: Practice", Alexis Anderson Oct 2011

Moderator, Third Panel On Cost And Implementation At Boston College Law School Symposium On "The Way To Carnegie: Practice", Alexis Anderson

Alexis Anderson

No abstract provided.


Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow Oct 2011

Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow

Judith A. McMorrow

As the Catholic Church struggles with the aftermath of the clergy sexual abuse crisis, some have explored the possibility of an ecclesiastical code of professional conduct. Lawyers' long and storied history with professional codes offers a cautionary tale to those exploring an ecclesiastical code of ethics. As priests to our secular religion of law, lawyers are called forth and mandated by a competent authority to function in a defined role, the specifics of which are reflected, in part, in lawyer codes. As lawyers moved from Canons of Ethics (1908) to a Code of Professional Responsibility (1969) to Rules of Professional ...


Law And Lawyers In The U.S.: The Hero-Villain Dichotomy, Judith A. Mcmorrow Oct 2011

Law And Lawyers In The U.S.: The Hero-Villain Dichotomy, Judith A. Mcmorrow

Judith A. McMorrow

Lawyers in U.S. culture are often presented in either an extremely positive or extremely negative light. Although popular culture exaggerates and oversimplifies the 'good v. bad' dynamic of lawyers, this dichotomy provides important insights into the role attorneys play in the U.S. legal system, the boundaries of legal ethics, and the extent to which the U.S. legal system is relied upon to address our society's great moral and social dilemmas.


Zacharias’S Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow Oct 2011

Zacharias’S Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow

Judith A. McMorrow

In his 1994 seminal article on Federalizing Legal Ethics, Prof. Fred Zacharias examined the need for a national and uniform code of ethics for attorneys. Prof. Zacharias was correct that there has been increasing pressure to federalize legal ethics, but that process is occurring not through articulation of national norms but rather through decentralized contextualization of attorney conduct norms. Federal agencies that direct securities practice, immigration, tax, patent, labor and many other areas of federal practice are increasingly supplementing state regulations to specifically regulate the attorneys who appear before their agencies. Targeted substantive federal law and treaty obligations also increasingly ...


Zacharias’S Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow Oct 2011

Zacharias’S Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow

Daniel R. Coquillette

In his 1994 seminal article on Federalizing Legal Ethics, Prof. Fred Zacharias examined the need for a national and uniform code of ethics for attorneys. Prof. Zacharias was correct that there has been increasing pressure to federalize legal ethics, but that process is occurring not through articulation of national norms but rather through decentralized contextualization of attorney conduct norms. Federal agencies that direct securities practice, immigration, tax, patent, labor and many other areas of federal practice are increasingly supplementing state regulations to specifically regulate the attorneys who appear before their agencies. Targeted substantive federal law and treaty obligations also increasingly ...


Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow Oct 2011

Toward An Ecclesiastical Professional Ethic: Lessons From The Legal Profession, Daniel R. Coquillette, Judith A. Mcmorrow

Daniel R. Coquillette

As the Catholic Church struggles with the aftermath of the clergy sexual abuse crisis, some have explored the possibility of an ecclesiastical code of professional conduct. Lawyers' long and storied history with professional codes offers a cautionary tale to those exploring an ecclesiastical code of ethics. As priests to our secular religion of law, lawyers are called forth and mandated by a competent authority to function in a defined role, the specifics of which are reflected, in part, in lawyer codes. As lawyers moved from Canons of Ethics (1908) to a Code of Professional Responsibility (1969) to Rules of Professional ...


Epilogue, Mary E. Hiscock, William Van Caenegem Oct 2011

Epilogue, Mary E. Hiscock, William Van Caenegem

Mary Hiscock

Two events were selected by the faculty of law at Bond University to celebrate its twentieth birthday. The first in time was a Symposium on Internationalisation of Law in June 2009, and the second was an invitation to the last Law Man of the Wardaman People, an indigenous clan, to visit the Law School as Artist-in-Residence in September 2009 to depict his Law in a painting, and to explain its significance to the academic and the wider community. The painting will then remain at the Law School.