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2013

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Articles 1 - 27 of 27

Full-Text Articles in Legal Profession

Estate Planning Games, Thomas Shaffer Dec 2013

Estate Planning Games, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.


The Practice Of Law As Moral Discourse, Thomas Shaffer Dec 2013

The Practice Of Law As Moral Discourse, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.


Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas Shaffer, Mary Shaffer Nov 2013

Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas Shaffer, Mary Shaffer

Thomas L. Shaffer

No abstract provided.


The "Estate Planning" Counselor And Values Destroyed By Death, Thomas Shaffer Nov 2013

The "Estate Planning" Counselor And Values Destroyed By Death, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.


Lawyers, Counselors, And Counselors At Law, Thomas Shaffer Nov 2013

Lawyers, Counselors, And Counselors At Law, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.


Professionalism And Community: A Response To Terrell And Wildman, Robert Rodes Nov 2013

Professionalism And Community: A Response To Terrell And Wildman, Robert Rodes

Robert Rodes

No abstract provided.


Courting Power, Anil Kalhan Oct 2013

Courting Power, Anil Kalhan

Anil Kalhan

No abstract provided.


The Anniversaries Of The Right To Counsel And Thecreation Of The Public Defender’S Office,, Robert Sanger Jun 2013

The Anniversaries Of The Right To Counsel And Thecreation Of The Public Defender’S Office,, Robert Sanger

Robert M. Sanger

There has been much celebration this year of the 50th Anniversary of the Gideon decision1 rendered by the United States Supreme Court in March of 1963. Gideon guaranteed that indigent persons accused of crime would be entitled to representation. It has been said for some time now, that the full promise of Gideon has never been realized. Nevertheless, the right to counsel in criminal cases is an important constitutional right.

2013 also marks the 120th Anniversary of the first public proposal of a public defender system which was introduced in Chicago in 1893. It also marks the 99th anniversary of ...


Making Sure We Are True To Our Founders: The Association Of The Bar Of The City Of New York, 1970-95, Jeffrey Morris Jun 2013

Making Sure We Are True To Our Founders: The Association Of The Bar Of The City Of New York, 1970-95, Jeffrey Morris

Jeffrey B. Morris

No abstract provided.


Cat, Cause, And Kant, Richard Peltz-Steele Jun 2013

Cat, Cause, And Kant, Richard Peltz-Steele

Richard J. Peltz-Steele

These are precarious times in which to launch a new law school and a new law review. Yet here we are. The University of Massachusetts is now in its first year of operation with provisional ABA accreditation. This text is a foreword to the first general-interest issue of the University of Massachusetts Law Review. Now marks an appropriate time to take stock of what these institutions mean to accomplish in our unsettled legal world.


A Demanding Boss, Rodger Citron May 2013

A Demanding Boss, Rodger Citron

Rodger Citron

No abstract provided.


In Defense Of The Business Of Law, Judith Mcmorrow May 2013

In Defense Of The Business Of Law, Judith Mcmorrow

Judith A. McMorrow

This article focuses on three current professionalism challenges in the U.S. legal profession: (i) the problem of neglect, poor client communication, and poor management of client funds; (ii) the need to improve the ethical infrastructures in practice settings to enhance both routine practice and ethical decision-making when lawyers confront ethical challenges; and (iii) the challenge of providing legal services to the poor and working class. For each, it turns out that improving adherence to core values requires not just training lawyers to internalize a model of professionalism, and a continuing commitment to self-regulation in some form, but also implementing ...


The Role Of Strategic Thinking In Legal Training (With Alan M. Klinger), Jeremy Paul Apr 2013

The Role Of Strategic Thinking In Legal Training (With Alan M. Klinger), Jeremy Paul

Jeremy R. Paul

No abstract provided.


Taking The Bar Early: Making Law Students ‘Practice Ready’, Jason Forcier Feb 2013

Taking The Bar Early: Making Law Students ‘Practice Ready’, Jason Forcier

Jason Forcier

The beginning of 2013 brings with it a number of rule changes by the Supreme Court of Arizona. Notable is the change to Rule 34, Application for Admission. The rule change is the result of an initiative from the deans of each of the three law schools: Phoenix School of Law, University of Arizona, and Arizona State University. The experimental change, set to expire at the end of 2015, allows law students to take the February bar exam during their final semester, so long as students meet certain qualifications and are within 120 days of graduation. This change effectively allows ...


Only Law Schools That Tackle Costs, Graduate Client-Centered Lawyers Will Survive- A Dean's View, Jeremy Paul Feb 2013

Only Law Schools That Tackle Costs, Graduate Client-Centered Lawyers Will Survive- A Dean's View, Jeremy Paul

Jeremy R. Paul

No abstract provided.


Making “Practice Ready” Practice Ready: Arizona’S Attempt To Streamline The Final Process For Admission To The Bar, Jason Forcier Feb 2013

Making “Practice Ready” Practice Ready: Arizona’S Attempt To Streamline The Final Process For Admission To The Bar, Jason Forcier

Jason Forcier

Beginning with the first of the year, 2013 brings with it a number of rule changes from the Supreme Court of Arizona. Most notably is the change to Rule 34, Application for Admission. The rule change is the result of an initiative from each of the deans of Arizona’s three law schools: Phoenix School of Law, University of Arizona, and Arizona State University. The new change will provide many beneficial results: it will allow students to start transitioning from the theory of law to the practice of law; lead to a fundamental change in the structure of the current ...


Panelist, Can Law Schools Prepare Students To Be Practice Ready?, R. Michael Cassidy Jan 2013

Panelist, Can Law Schools Prepare Students To Be Practice Ready?, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


Developing Professional Skills: Business Associations, Michelle Harner Jan 2013

Developing Professional Skills: Business Associations, Michelle Harner

Michelle M. Harner

Incorporating skills training into a traditional Business Associations course is challenging. This creative and original book provides ten independent exercises designed to develop student skills in legal drafting, client interviewing and counseling, negotiation, and advocacy. Each exercise is based on fundamental legal rules and doctrines so that the book can be used on its own or as a supplemental text with any doctrinal casebook. Students are required to spend a manageable one to two hours on such tasks as outlining discussion points for major meetings and negotiations, drafting advisory letters to clients, crafting a demand letter to a board of ...


The Benefits Of Mindfulness For Litigators, Jan Jacobowitz Dec 2012

The Benefits Of Mindfulness For Litigators, Jan Jacobowitz

Jan L Jacobowitz

“I am calling for an all-out revolution.” These words reverberated through the federal district courthouse in Miami in the spring of 2012, but there was no one calling for security. In fact, it was eerily quiet in the conference room in which the call for revolution was sounded. How can that be? Well, the audience was a group of well-regarded litigation counsel and judges and the revolutionary leader a prominent federal district court judge. The revolution: Mindfulness in law as a vehicle for restoring civility, decreasing stress, and enhancing the fundamental fabric of the legal community.


Fidelity Diluted: Client Confidentiality Gives Way To The First Amendment & Social Media In Virginia State Bar, Ex Rel. Third District Committee V. Horace Frazier Hunter, Jan Jacobowitz, Kelly Jesson Dec 2012

Fidelity Diluted: Client Confidentiality Gives Way To The First Amendment & Social Media In Virginia State Bar, Ex Rel. Third District Committee V. Horace Frazier Hunter, Jan Jacobowitz, Kelly Jesson

Jan L Jacobowitz

Fidelity and confidentiality are hallmarks of the attorney-client relationship. However, as social media use permeates the legal profession, new challenges have arisen to the traditional interpretation of client confidentiality. The Virginia Supreme Court’s recent holding, which concludes that to deny attorney Horace Hunter the ability to blog about his clients’ cases without client consent, after the case concludes and based upon what is found in the public record, is to deny Hunter his First Amendment right of free speech has spurned controversy. The Hunter opinion arguably undermines the long standing legal ethics rule of confidentiality and strikes at the ...


The American Legal Profession In Crisis: Resistance And Responses To Change, James Moliterno Dec 2012

The American Legal Profession In Crisis: Resistance And Responses To Change, James Moliterno

James E. Moliterno

Reviewed by Herbert Kritzner in Law and Politics Book Review, 227-231.


Strategic Austerity: How Some Law School Affordability Initiatives Could Actually Improve Learning Outcomes, R. Michael Cassidy Dec 2012

Strategic Austerity: How Some Law School Affordability Initiatives Could Actually Improve Learning Outcomes, R. Michael Cassidy

R. Michael Cassidy

The legal profession is facing profound and perhaps irreversible changes. Whether you view these striking demographics as a “crisis” likely depends on the location of your perch. If you are a tenured professor at a T14 law school or a senior partner at an NLJ 250 firm, you may view the trends we have been discussing today as cyclical corrections. If you are an unemployed graduate looking for work or an untenured professor at a lower-tier school that is struggling to stay afloat, you may be more likely to view these trends as permanent and paradigm shifting.

While applications to ...


Professional Responsibility, James Moliterno Dec 2012

Professional Responsibility, James Moliterno

James E. Moliterno

No abstract provided.


Symposium: Building Global Professionalism: Emerging Trends In International And Transnational Legal Education, Anil Kalhan Dec 2012

Symposium: Building Global Professionalism: Emerging Trends In International And Transnational Legal Education, Anil Kalhan

Anil Kalhan

It has become a matter of recurring lament and concern — and periodically, an object of satire and derision — that Americans lack basic knowledge, awareness, or interest concerning the world beyond their borders; whether in terms of history, public affairs, culture, language, or even basic geography. Politicians, corporate leaders, scholars, and other observers across a broad spectrum routinely warn of the potential dangers this global awareness deficit poses to the well-being and security of the United States. In an increasingly interdependent world — with a growing array of economic, political, social, and environmental problems that transcend national borders — individuals cannot meaningfully function ...


Thinking Critically About International And Transnational Legal Education, Anil Kalhan Dec 2012

Thinking Critically About International And Transnational Legal Education, Anil Kalhan

Anil Kalhan

It has become a matter of recurring lament and concern — and periodically, an object of satire and derision — that Americans lack basic knowledge, awareness, or interest concerning the world beyond their borders; whether in terms of history, public affairs, culture, language, or even basic geography. Politicians, corporate leaders, scholars, and other observers across a broad spectrum routinely warn of the potential dangers this global awareness deficit poses to the well-being and security of the United States. In an increasingly interdependent world — with a growing array of economic, political, social, and environmental problems that transcend national borders — individuals cannot meaningfully function ...


In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program, Thomas Stipanowich Dec 2012

In Quest Of The Arbitration Trifecta, Or Closed Door Litigation?: The Delaware Arbitration Program, Thomas Stipanowich

Thomas J. Stipanowich

The Delaware Arbitration Program established a procedure by which businesses can agree to have their disputes heard in an arbitration proceeding before a sitting judge of the state’s highly regarded Chancery Court. The Program arguably offers a veritable trifecta of procedural advantages for commercial parties, including expert adjudication, efficient case management and short cycle time and, above all, a proceeding cloaked in secrecy. It also may enhance the reputation of Delaware as the forum of choice for businesses. But the Program’s ambitious intermingling of public and private forums brings into play the longstanding tug-of-war between the traditional view ...


Technology: A Motivation Behind Recent Model Rule Revisions, Louise L. Hill Dec 2012

Technology: A Motivation Behind Recent Model Rule Revisions, Louise L. Hill

Louise L Hill

No abstract provided.