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Legal Profession Commons

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2013

Selected Works

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Articles 91 - 120 of 136

Full-Text Articles in Legal Profession

The Legal Skills Program At The College Of William And Mary: An Early Report, James E. Moliterno Jan 2013

The Legal Skills Program At The College Of William And Mary: An Early Report, James E. Moliterno

James E. Moliterno

No abstract provided.


Goodness And Humanness: Distinguishing Traits, James E. Moliterno Jan 2013

Goodness And Humanness: Distinguishing Traits, James E. Moliterno

James E. Moliterno

No abstract provided.


Why Formalism?, James E. Moliterno Jan 2013

Why Formalism?, James E. Moliterno

James E. Moliterno

No abstract provided.


The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Lawyer As Catalyst Of Social Change, James E. Moliterno Jan 2013

The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Lawyer As Catalyst Of Social Change, James E. Moliterno

James E. Moliterno

No abstract provided.


Ethical Challenges To Legal Education And Conduct, James E. Moliterno Jan 2013

Ethical Challenges To Legal Education And Conduct, James E. Moliterno

James E. Moliterno

No abstract provided.


Public Service, Ethics, And Constitutional Practice, James E. Moliterno Jan 2013

Public Service, Ethics, And Constitutional Practice, James E. Moliterno

James E. Moliterno

No abstract provided.


The Joe Isuzu Dean Search: A Guide To The Interpretation Of Announcement Letters, Paul A. Lebel, James E. Moliterno Jan 2013

The Joe Isuzu Dean Search: A Guide To The Interpretation Of Announcement Letters, Paul A. Lebel, James E. Moliterno

James E. Moliterno

No abstract provided.


Experience And Legal Ethics Teaching, James E. Moliterno Jan 2013

Experience And Legal Ethics Teaching, James E. Moliterno

James E. Moliterno

No abstract provided.


Lawyer Creeds And Moral Seismography, James E. Moliterno Jan 2013

Lawyer Creeds And Moral Seismography, James E. Moliterno

James E. Moliterno

No abstract provided.


In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno Jan 2013

In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno

James E. Moliterno

No abstract provided.


An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno Jan 2013

An Analysis Of Ethics Teaching In Law Schools: Replacing Lost Benefits Of The Apprentice System In The Academic Atmosphere, James E. Moliterno

James E. Moliterno

No abstract provided.


The Federal Government Lawyer's Duty To Breach Confidentiality, James E. Moliterno Jan 2013

The Federal Government Lawyer's Duty To Breach Confidentiality, James E. Moliterno

James E. Moliterno

The lawyer's duty of confidentiality springs from the lawyer-client relationship and its parameters are determined by the nature of that relationship. The federal government lawyer's client is like no other. The uniqueness of representing the United States calls for a unique approach to the duty of confidentiality. Unlike the private individual client, the government as a client does not speak with a single, unmistakable voice. Unlike the private entity client, the federal government has a paramount interest in the public good, including the public's right to know about government (the entity's conduct), especially its misconduct. The result is a client …


Modeling The American Lawyer Ethics System, James E. Moliterno Jan 2013

Modeling The American Lawyer Ethics System, James E. Moliterno

James E. Moliterno

None available.


The Lawyer As Catalyst Of Social Change, James E. Moliterno Jan 2013

The Lawyer As Catalyst Of Social Change, James E. Moliterno

James E. Moliterno

No abstract provided.


The Social Responsibility Of Corporate Law Professors, Lyman P.Q. Johnson Jan 2013

The Social Responsibility Of Corporate Law Professors, Lyman P.Q. Johnson

Lyman P. Q. Johnson

Most statements of corporate social responsibility focus on the responsibilities of corporate decision makers or their advisors Professor Johnson argues that corporate law professors-the persons who educate the students who will become lawyers counseling corporate decision makers-also have a social responsibility. He believes that professors should find various ways to raise the subject of corporate social responsibility in the basic corporations course, and he advocates rejecting a classroom approach that addresses only shareholder-manager relations After describing several possible ways to do this, Professor Johnson spotlights fiduciary laws as a fruitful area to enrich student understandings of director duties in a …


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 heart …


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 — …


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 — …


Quantitative Legal Prediction--Or--How I Learned To Stop Worrying And Start Preparing For The Data-Driven Future Of The Legal Services Industry, Daniel Katz Dec 2012

Quantitative Legal Prediction--Or--How I Learned To Stop Worrying And Start Preparing For The Data-Driven Future Of The Legal Services Industry, Daniel Katz

Daniel M Katz

No abstract provided.


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 of court …


A Study Of The Relationship Between Bar Admissions Data And Subsequent Lawyer Discipline, Leslie C. Levin, Christine Zozula, Peter Siegelman Dec 2012

A Study Of The Relationship Between Bar Admissions Data And Subsequent Lawyer Discipline, Leslie C. Levin, Christine Zozula, Peter Siegelman

Leslie C. Levin

The research reported here uses information from the admissions files of lawyers admitted to the Connecticut bar from 1989 to 1992 to compare those who were disciplined with those who were not disciplined. It analyzes information reported during the bar admissions process that may predict later lawyer misconduct including, inter alia, prior criminal history, problem credit history, prior employment history, academic misconduct, substance abuse, and psychological history. The study reveals that many of the responses on the admissions application are statistically associated with an elevated risk of future discipline. Nevertheless, these variables nevertheless make very poor predictors of subsequent misconduct. …


One Small Step For Legal Writing, One Giant Leap For Legal Education: Making The Case For More Writing Opportunities In The "Practice-Ready" Law School Curriculum, Sherri Keene Dec 2012

One Small Step For Legal Writing, One Giant Leap For Legal Education: Making The Case For More Writing Opportunities In The "Practice-Ready" Law School Curriculum, Sherri Keene

Sherri Keene

Legal writing is more than an isolated practical skill or a law school course; it is a valuable tool for broadening and deepening one’s knowledge and understanding of the law. If experienced legal professionals, both professors and practitioners alike, take a hard look back at their careers, many will no doubt remember how their work on significant legal writing projects advanced their own knowledge of the law and enhanced their professional competence. Legal writing practice helps the writer to gain expertise in a number of ways: first, the act of writing itself promotes learning; second, close work on legal writing …


It’S All About The People: Hierarchy, Networks, And Teaching Assistants In A Civil Procedure Classroom Community, Jennifer E. Spreng Dec 2012

It’S All About The People: Hierarchy, Networks, And Teaching Assistants In A Civil Procedure Classroom Community, Jennifer E. Spreng

Jennifer E Spreng

This article provides a blueprint for a “civic community in a law school classroom” that would better prepare many students for what is likely to be their professional future based on natural social hierarchy and network dynamics. It uses experiences from the author's own teaching career to illustrate hierarchy and network dynamics and how to use them to enrich the pedagogical and social experience of a first year course. It also roots those experiences in principles from social psychology, organizational behavior, transformative leadership and all levels of education literature.

Modern law school classrooms fall into two categories: the "polar model" …


Introduction, Justice, Lawyering And Legal Education In The Digital Age (Symposium Editor With M. Lauritsen), Ronald W. Staudt Dec 2012

Introduction, Justice, Lawyering And Legal Education In The Digital Age (Symposium Editor With M. Lauritsen), Ronald W. Staudt

Ronald W Staudt

No abstract provided.


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.


Overcoming Writer's Block And Procrastination For Attorneys, Law Students, And Law Professors, Meehan Rasch Dec 2012

Overcoming Writer's Block And Procrastination For Attorneys, Law Students, And Law Professors, Meehan Rasch

Meehan Rasch

Law is a particularly writing-heavy profession. However, lawyers, law students, and law professors often struggle with initiating, sustaining, and completing legal writing projects. Even the most competent legal professionals experience periods in which the written word just does not flow freely. This article provides a guide for legal writers who are seeking to understand and resolve writing blocks, procrastination, and other common writing productivity problems.