Legal Profession Commons^™

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.

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

Mark S. Brodin

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 …

Justicia Militar Y Derechos Humanos, Claudio Fuentes Maureira

Claudio Fuentes Maureira

En diciembre de 2010 se publicó una reforma a la justicia militar que excluyó a los civiles de su jurisdicción, lo que fue celebrado por el Gobierno como un significativo paso hacia la democratización de esta jurisdicción, la misma que le valió a Chile una condena internacional en 2005. No obstante, mantuvo la competencia de tribunales militares para conocer delitos cometidos por miembros de las Fuerzas Armadas y de Orden, lo cual sigue estando por debajo de los estándares que obligan a Chile. A ello se suma que aún está pendiente la reforma orgánica y procedimental de la justicia militar, …

A Right To Legal Aid: The Aba Model Access Act In International Perspective, James Maxeiner

All Faculty Scholarship

For over two centuries America has failed to fulfill its revolutionary ideals of bringing equal justice to all. In August 2010 the American Bar Association moved to bring the nation closer to its ideals when it proposed the ABA Model Access Act. The Act would do what the Supreme Court of the United States has refused to do: it would recognize that legal aid in civil litigation is a matter of right and not of charity. The Act is a framework law and leaves many details to be filled in by enacting bodies and by the institutions eventually charged with …

Learning How To Learn: Carnegie's Third Apprenticeship, Laurie Barron

Law Faculty Scholarship

No abstract provided.

Coming Off The Bench: Legal And Policy Implications Of Proposals To Allow Retired Justices To Sit By Designation On The Supreme Court, Lisa T. Mcelroy, Michael C. Dorf

Cornell Law Faculty Publications

In the fall of 2010, Senator Patrick Leahy introduced a bill that would have overridden a New Deal-era federal statute forbidding retired Justices from serving by designation on the Supreme Court of the United States. The Leahy bill would have authorized the Court to recall willing retired Justices to substitute for recused Justices. This Article uses the Leahy bill as a springboard for considering a number of important constitutional and policy questions, including whether the possibility of 4-4 splits justifies the substitution of a retired Justice for an active one; whether permitting retired Justices to substitute for recused Justices would …

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr

Bernard Sama

The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …

Volume 35, Issue 2 (Fall 2011)

Transcript

No abstract provided.

Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market, Michele M. Destefano, John C. Coates, Ashish Nanda, David B. Wilkins

Articles

How are relationships between corporate clients and law firms evolving? Drawing on interview and survey data from 166 chief legal officers of S&P 500 companies from 2006-2007, we find that-contrary to standard depictions of corporate client-provider relationships-(1) large companies have relationships with ten to twenty preferred providers; (2) these relationships continue to be enduring, and (3) clients focus not only on law firm platforms and lead partners, but also on teams and departments within preferred providers, allocating work to these subunits at rival firms over time and following "star" lawyers, especially if they move as part of a team. The …

The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law, Russell G. Pearce, Eli Wald

University of Arkansas at Little Rock Law Review

No abstract provided.

No Paradise To Regain: Comments On Russell G. Pearce And Eli Wald, The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law, Kenneth S. Gallant

University of Arkansas at Little Rock Law Review

No abstract provided.

The Path Between Sebastian's Hospitals: Fostering Reconciliation After A Tragedy, Jonathan R. Cohen

UF Law Faculty Publications

On October 8, 2007, Horst and Luisa Ferrero brought their healthy but short, three-year-old son Sebastian to a university hospital for a “routine” test to determine whether he lacked human growth hormone. Two days later, following a tragic string of errors, Sebastian was pronounced brain dead. Approximately two weeks later, the hospital offered a detailed public apology to the parents for Sebastian’s death. Several months after the apology, the parents began working collaboratively with the hospital to improve patient safety at the hospital and to advocate for a new children’s hospital in their community. This paper is a case study …

The Law School Firm, Bradley T. Borden, Robert J. Rhee

UF Law Faculty Publications

This Article introduces the concept of the law school firm. The concept calls for law schools to establish affiliated law firms. The affiliation would provide opportunities for students, faculty, and attorneys to collaborate and share resources to teach, research, write, serve clients, and influence the development of law and policy. Based loosely on the medical school model, the law school firm will help bridge the gap between law schools and the practice of law.

Richard A. Nagareda, "In Memorian" 1963-2010, Chris Guthrie, John C.P. Goldberg, Andrew R. Gould, J. Maria Glover

Vanderbilt Law Review

A year ago, many of us gathered in Vanderbilt University Law School's Flynn Auditorium to attend a "Celebration of the Life of Professor Richard Nagareda." Frankly, I didn't feel like celebrating, a sentiment I suspect others shared. Richard-scholar, teacher, mentor, colleague, friend, father, husband-had left this earth before any of us were ready to part with him. And yet, as the speakers shared their memories of Richard, the intense grief I had felt since learning of Richard's untimely death began to dissipate. There was then, and there remains now, so much to celebrate about his life. For in his forty-seven …

The Way To Carnegie: Practice, Practice, Practice, Alan Minuskin

Alan D. Minuskin

Along with colleagues on the clinical faculty at Boston College Law School, I organized a day-long symposium on the need for reforms in legal education in the United States. I also served as moderator of one of the three panel presentations that comprised the conference. The particular subject matter of the panel I moderated was the value of clinical pedagogy in legal education with special attention to differences in models employed and proposed at leading U.S. law schools.

Robel: Preparing For Seamlessly Global Profession, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Amici Curiae Brief Of The Children And Youth Advocacy Clinic In Support Of Appellant. In Re The Dependency Of M.S.R. And T.S.R. V. Luak, No. 85729-6 (Wash. Sept. 16, 2011), Lisa Kelly

Court Briefs

Attorneys in Washington have the resources and established standards to effectively represent children and youth in termination of parental rights ("TPR") proceedings. Children who face TPR proceedings need the type of advice and advocacy that only trained lawyers can provide. While parents, social workers, foster parents, therapists, and guardians ad litem may provide substantial support to dependent children, only lawyers can protect their legal rights in complex adversarial proceedings, especially when all of the other parties are represented by counsel. In the context of a confidential relationship with a lawyer, a dependent child can provide critical information and meaningfully participate …

The Aall Annual Meeting: Always A Learning Experience, Pamela C. Brannon

Faculty Publications By Year

No abstract provided.

El Manejo De La Incertidumbre Judicial: La Construcción De La Duda Razonable En El Sistema Procesal Penal / Management Of Judicial Uncertainty: The Construction Of The Reasonable Doubt Standard Under The Criminal Procedure System, Claudio Fuentes Maureira

Claudio Fuentes Maureira

The Chilean criminal procedure reform introduced to the Chilean legal culture many foreign institutions. In every case the idea behind it was to change specific behaviours of the old system. One of these institutions was the concept or idea of the standard of proof, mainly the introduction in article 340 of the current Code of Criminal Procedure of the beyond reasonable doubt standard.

The paper explores, ten years after the adoption of the new system, how the the tribunals have understood and incorporated this concept, and specifically the beyond reasonable doubt standard. In terms of methodology the paper focuses, in …

Thinking Like Thinkers: Is The Art And Discipline Of An "Attitude Of Suspended Conclusion" Lost On Lawyers?, Donald J. Kochan

Donald J. Kochan

In his 1910 book, How We Think, John Dewey proclaimed that “the most important factor in the training of good mental habits consists in acquainting the attitude of suspended conclusion. . .” This Article explores that insight and describes its meaning and significance in the enterprise of thinking generally and its importance in law school education specifically. It posits that the law would be best served if lawyers think like thinkers and adopt an attitude of suspended conclusion in their problem solving affairs. Only when conclusion is suspended is there space for the exploration of the subject at hand. The …

Comentario Del Fallo De La Corte De Apelaciones De Concepción Sobre Exclusión Probatoria En Juicios De Familia: ¿Realidad O Ficción?, Claudio Fuentes Maureira

Claudio Fuentes Maureira

El presente documento destaca la relevancia de una reciente sentencia de la Corte de Apelaciones de Concepción en materia de derecho procesal de Familia. En ella la Corte establece una sana línea jurisprudencial que fija una expectativa de conducta por parte del juez de familia respecto de cómo deben encarar el incidente de exclusión probatoria que se da en el contexto de la audiencia preparatoria. Asimismo, qué tipo de razonamiento deben llevar a cabo para resolver la solicitud de exclusión planteada y cuáles son los mínimos argumentos que su decisión de exclusión debe considerar.

Supporting Attorney’S Personal Skills, Marjorie A. Silver

Marjorie A. Silver

No abstract provided.

Critical Thoughts About Race, Exclusion, Oppression And Tenure, Deborah W. Post

Deborah W. Post

No abstract provided.

Does Legalzoom Have First Amendment Rights? Some Thoughts About Freedom Of Speech And The Unauthorized Practice Of Law, Catherine J. Lanctot

Working Paper Series

At a time of economic dislocation in the legal profession, it is likely that bar regulators will turn their attention to pursuing lay entities that appear to be engaged in the unauthorized practice of law. One prominent target of these efforts is LegalZoom, an online document preparer that has come under increasing pressure from the organized bar for its marketing and sale of basic legal documents. As regulatory pressure against LegalZoom and similar companies continues to mount, it is worth considering whether there may be unanticipated consequences from pursuing these unauthorized practice claims. In several well-known instances, lay people have …

Insights From Teaching In Bosnia, E. Joan Blum

E. Joan Blum

Discussed insights gained from teaching judges and legal officers of Court of Bosnia and Herzegovina.

Public Interest Law: Facing The Problems Of Maturity, Louise G. Trubek

University of Arkansas at Little Rock Law Review

No abstract provided.

A Foreword - The Ben J. Altheimer Symposium: Reframing Public Service Law: Innovative Approaches To Integrating Public Service Into The Legal Profession, Chanley Painter

University of Arkansas at Little Rock Law Review

No abstract provided.

Innovative Approaches To Public Service Through Institutionalized Action Research: Reflections From Law And Social Work, Susan R. Jones, Shirley J. Jones

University of Arkansas at Little Rock Law Review

No abstract provided.

The Future Of Public Interest Law, Scott L. Cummings

University of Arkansas at Little Rock Law Review

No abstract provided.

A Brief Moment Of Opportunity: The Effects Of The Economic Downturn On The Delivery Of Legal Services To The Poor, Joanne Martin, Stephen Daniels

University of Arkansas at Little Rock Law Review

No abstract provided.