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Articles 1 - 30 of 31
Full-Text Articles in Legal Profession
Reanalyzing Cost-Benefit Analysis: Toward A Framework Of Function(S) And Form(S), Robert B. Ahdieh
Reanalyzing Cost-Benefit Analysis: Toward A Framework Of Function(S) And Form(S), Robert B. Ahdieh
Faculty Scholarship
The analysis herein arises from the collision course between the sweeping reforms mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and a single sentence of the U.S. Code, adopted nearly fifteen years earlier and largely forgotten ever since. Few were likely thinking of Section 106 of the National Securities Market Improvement Act when the Dodd-Frank Act was enacted on July 21, 2010. As applied by the D.C. Circuit less than a year later in Business Roundtable v. SEC, however, that provision’s peculiar requirement of cost-benefit analysis could prove the new legislation’s undoing.
To help navigate …
Educating Main Street Lawyers, Luz E. Herrera
Educating Main Street Lawyers, Luz E. Herrera
Faculty Scholarship
Discussion about the value of a law degree has focused on the financial success of lawyers. Both defenders and critics of the existing legal education model largely ignore the implications that the cost of legal education and high lawyer fees have on access to justice. While a lawyer’s ability to make a decent living must be addressed when determining the value of a legal education, we fail to take into account the fact that there are millions of individuals in the U.S. who cannot find a lawyer to represent them when they need one. For advocates who believe that our …
Bill Suter: General, Ambassador, Tulanian, David D. Meyer
Bill Suter: General, Ambassador, Tulanian, David D. Meyer
Faculty Scholarship
No abstract provided.
Systematically Thinking About Law Firm Ethics: Conference On The Ethical Infrastructure And Culture Of Law Firms, Susan Saab Fortney
Systematically Thinking About Law Firm Ethics: Conference On The Ethical Infrastructure And Culture Of Law Firms, Susan Saab Fortney
Faculty Scholarship
To advance the discourse related to law firm ethics and the impact of formal controls and informal influences on lawyer conduct, we convened on April 5, 2013 the Conference on the Ethical Infrastructure and Culture of Law Firms ("Conference" or "Symposium"). The Conference, conducted under the auspices of the Hofstra Law Review and the Maurice A. Deane School of Law at Hofstra University's Institute for the Study of Legal Ethics, was funded in part by the Abraham J. Gross '78 Conference and Lecture Fund at the Maurice A. Deane School of Law at Hofstra University. Experts who have studied issues …
Justadvice: Studying Law In Snapshots, Brenda Bratton Blom, Leigh Maddox
Justadvice: Studying Law In Snapshots, Brenda Bratton Blom, Leigh Maddox
Faculty Scholarship
Access to legal services continues to be a critical need in the United States. Clinical programs in law schools are part of responding to the demand for these services, but often face the challenge of filling gaps left by larger programs serving the poor or responding to unique legal needs. JustAdvice was designed to provide limited advice to a broad range of people with legal needs, unbundling those services where possible. The story of the development, implementation and transformation of the program into a teaching, triage and referral system that importantly links multiple organizations and services is the core of …
Clark Kerr And Me: The Future Of The Public Law School, Rachel F. Moran
Clark Kerr And Me: The Future Of The Public Law School, Rachel F. Moran
Faculty Scholarship
Clark Kerr has long enjoyed an iconic status among leaders in public higher education. The former president of the University of California left a lasting impression on the academic world with his Godkin Lectures on the future of colleges and universities delivered at Harvard in 1963. He spoke at a moment when public higher education, and indeed higher education more generally, had been enjoying a renaissance of energy and vision. After World War II, veterans returned and reinvigorated the student body with the support of the GI Bill, and state legislatures generously funded public institutions to keep tuition low so …
Resistance Is Not Futile: Harnessing The Power Of Counter-Offensive Tactics In Legal Persuasion, Peter Reilly
Resistance Is Not Futile: Harnessing The Power Of Counter-Offensive Tactics In Legal Persuasion, Peter Reilly
Faculty Scholarship
A core competency for people working in law or business is the ability to influence and persuade: People need to become expert at getting others to agree, to go along, and to give in. The potential “targets” of one’s influence throughout a given workday are seemingly endless and include clients and customers, co-counsel, opposing counsel, supervisors, direct reports, contractors, subcontractors, consultants, secretaries, judges, juries, witnesses, police officers, court personnel, and others. Moreover, that influence is largely exerted through words spoken and behaviors exhibited within the context of a negotiation. And yet, leading academics have argued that the vast majority of …
Lawyer, Know Your Safety Net: A Malpractice Insurance Primer For New And Experienced Lawyers, Lauren Schulz, Michael Hunter Schwartz
Lawyer, Know Your Safety Net: A Malpractice Insurance Primer For New And Experienced Lawyers, Lauren Schulz, Michael Hunter Schwartz
Faculty Scholarship
No abstract provided.
When Intercultural Competency Comes To Class: Navigating Difference In The Modern American Law School, Rachel F. Moran
When Intercultural Competency Comes To Class: Navigating Difference In The Modern American Law School, Rachel F. Moran
Faculty Scholarship
There has been increased interest in intercultural competency training at American law schools. Implementing that training can be complicated by disagreements about the meaning of culture and the purpose of promoting intercultural competency. In professional schools, awareness of different cultures can be a way of fulfilling moral obligations as a global citizen or honing skills in a global economy. Even when a law school determines what it means by culture and why it wants to promote the training, there are different methods of inculcating intercultural competency. Clinical instructors already incorporate these concerns into their teaching and can provide useful insights …
Sensibilities For Social Justice Lawyers, Ascanio Piomelli
Sensibilities For Social Justice Lawyers, Ascanio Piomelli
Faculty Scholarship
No abstract provided.
Dog Days In The Law Library: Philosophical, Financial, And Administrative Issues Raised By Faculty Summer Grant Programs, Robert M. Jarvis
Dog Days In The Law Library: Philosophical, Financial, And Administrative Issues Raised By Faculty Summer Grant Programs, Robert M. Jarvis
Faculty Scholarship
Robert Jarvis, Dog Days in the Law Library: Philosophical, Financial, and Administrative Issues Raised by Faculty Summer Grant Programs, 37 Nova Law Review 309 (2013).
Reflections On Team Production In Professional Schools And The Workplace, Robert J. Rhee
Reflections On Team Production In Professional Schools And The Workplace, Robert J. Rhee
Faculty Scholarship
No abstract provided.
Achieving Procedural Goals Through Indirection: The Use Of Ethics Doctrine To Justify Contingency Fee Caps In Mdl Aggregate Settlements, Morris A. Ratner
Achieving Procedural Goals Through Indirection: The Use Of Ethics Doctrine To Justify Contingency Fee Caps In Mdl Aggregate Settlements, Morris A. Ratner
Faculty Scholarship
No abstract provided.
Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner
Ripples Against The Other Shore: The Impact Of Trauma Exposure On The Immigration Process Through Adjudicators, Kate Aschenbrenner
Faculty Scholarship
No abstract provided.
Beyond Because I Said So Reconciling Civil Retroactivity Analysis In Immigration Cases With A Protective Lenity Principle, Kate Aschenbrenner
Beyond Because I Said So Reconciling Civil Retroactivity Analysis In Immigration Cases With A Protective Lenity Principle, Kate Aschenbrenner
Faculty Scholarship
No abstract provided.
Diversity In The Legal Profession Moving From The Rhetoric To Reality, Helia Garrido Hull
Diversity In The Legal Profession Moving From The Rhetoric To Reality, Helia Garrido Hull
Faculty Scholarship
No abstract provided.
Constructing Modern-Day U.S. Legal Education With Rhetoric: Langdell, Ames, And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Constructing Modern-Day U.S. Legal Education With Rhetoric: Langdell, Ames, And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli
Faculty Scholarship
This article explains how lawyers like Christopher Columbus Langdell and James Barr Ames, a disciple of Langdell, employed rhetoric between 1870, when Langdell assumed the deanship at Harvard Law School, and 1920, when law had emerged as a credible academic field in the United States, to construct a persona, that of a scholar, appropriate for the law professor situated within the university. To do so, the article contextualizes the rhetoric with historical background on the law professor and legal education, draws upon rhetorical theory to give an overview of persona theory and persona analysis as a means of conducting the …
Our Place In The World: A New Relationship For Environmental Ethics And Law, Jedediah S. Purdy
Our Place In The World: A New Relationship For Environmental Ethics And Law, Jedediah S. Purdy
Faculty Scholarship
Forty years ago, at the birth of environmental law, both legal and philosophical luminaries assumed that the new field would be closely connected with environmental ethics. Instead, the two grew dramatically apart. This Article diagnoses that divorce and proposes a rapprochement. Environmental law has always grown through changes in public values; for this and other reasons, it cannot do so without ethics. Law and ethics are most relevant to each other when there are large open questions in environmental politics: lawmakers act only when some ethical clarity arises; but law can itself assist in that ethical development. This process is …
Lawyers’ Professional Independence: Overrated Or Undervalued?, Bruce A. Green
Lawyers’ Professional Independence: Overrated Or Undervalued?, Bruce A. Green
Faculty Scholarship
This article explores the concept of lawyers’ "professional independence" in the literature of the U.S. legal profession. It begins with some reflections on the conventional meanings of professional independence, which encompasses both the bar’s collective independence to regulate its members and individual lawyers’ independence in the context of professional representations, including independence from clients, on one hand, and independence from third parties, on the other. The article suggests that the professional conduct rules are overly preoccupied with protecting lawyers’ professional independence from the corrupting influences of other professionals. The article then turns to an aspect of professional independence that has …
Unregulated Corporate Internal Investigations: Achieving Fairness For Corporate Constituents, Bruce A. Green, Ellen S. Progdor
Unregulated Corporate Internal Investigations: Achieving Fairness For Corporate Constituents, Bruce A. Green, Ellen S. Progdor
Faculty Scholarship
This article focuses on the relationship between corporations and their employee constituents in the context of corporate internal investigations, an unregulated multi-million dollar business. The classic approach provided in the 1981 Supreme Court opinion, Upjohn v. United States, is contrasted with the reality of modern-day internal investigations that may exploit individuals to achieve a corporate benefit with the government. Attorney-client privilege becomes an issue as corporate constituents perceive that corporate counsel is representing their interests, when in fact these internal investigators are obtaining information for the corporation to barter with the government. Legal precedent and ethics rules provide little relief …
The Relational Infrastructure Of Law Firm Culture And Regulation: The Exaggerated Death Of Big Law, Russell G. Pearce, Eli Wald
The Relational Infrastructure Of Law Firm Culture And Regulation: The Exaggerated Death Of Big Law, Russell G. Pearce, Eli Wald
Faculty Scholarship
In recent years, the ethical infrastructure and culture of law firms has come under attack from commentators, such as Larry Ribstein, Bill Henderson, and Marc Galanter, who, in related ways, predict "the death of Big Law." They assert that the individualistic ethical infrastructure and culture of large firms undermine their commitment to professional values and will result in their failure to prepare for, and to survive, long term economic and technological trends. We identify a contradiction at the heart of this analysis. While these critiques correctly identify the individualistic flaws of law firm culture, they share the same individualistic assumptions. …
Towards Engaged Scholarship, Nestor M. Davidson
Towards Engaged Scholarship, Nestor M. Davidson
Faculty Scholarship
No abstract provided.
The Price Of Legal Education, Paul D. Carrington
The Price Of Legal Education, Paul D. Carrington
Faculty Scholarship
No abstract provided.
How Markets Work: The Lawyer’S Version, Mitu Gulati, W. Mark C. Weidemaier
How Markets Work: The Lawyer’S Version, Mitu Gulati, W. Mark C. Weidemaier
Faculty Scholarship
In this article, we combine two sources of data to shed light on the nature of transactional legal work. The first consists of stories about contracts that circulate widely among elite transactional lawyers. Surprisingly, the stories portray lawyers as ineffective market actors who are uninterested in designing superior contracts, who follow rather than lead industry standards, and who depend on governments and other outside actors to spur innovation and correct mistakes. We juxtapose these stories against a dataset of sovereign bond contracts produced by these same lawyers. While the stories suggest that lawyers do not compete or design innovative contracts, …
The Teaching Of Procedure Across Common Law Systems, Erik S. Knusten, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
The Teaching Of Procedure Across Common Law Systems, Erik S. Knusten, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
Faculty Scholarship
What difference does the teaching of procedure make to legal education, legal scholarship, the legal profession, and civil justice reform? This first of four articles on the teaching of procedure canvasses the landscape of current approaches to the teaching of procedure in four legal systems—the United States, Canada, Australia, and England and Wales—surveying the place of procedure in the law school curriculum and in professional training, the kinds of subjects that “procedure” encompasses, and the various ways in which procedure is learned. Little sustained reflection has been carried out as to the import and impact of this longstanding law school …
Why Environmental Law Clinics?, Adam Babich, Jane F. Barrett
Why Environmental Law Clinics?, Adam Babich, Jane F. Barrett
Faculty Scholarship
The law clinic has become an increasingly important part of legal education, giving students the opportunity to learn practical skills as well as to internalize core legal values. Pedagogical concerns preclude clinics from letting fear of criticism drive decisions about how they represent clients. The legal profession's idealistic aspirations pose challenges, and political attacks have answered clinicians' efforts to live up to these aspirations. An error underlies such attacks, however: holding lawyers responsible for their clients' legal positions despite the profession's duty to ensure that such positions get a fair hearing.
Oh, The Treatise!, Richard A. Danner
Oh, The Treatise!, Richard A. Danner
Faculty Scholarship
This foreword to the Michigan Law Review’s 2013 Survey of Books Related to the Law considers the history of the American legal treatise in light of the well-known criticisms of legal scholarship published by Judge Harry Edwards in 1992. As part of his critique, Edwards characterized the legal treatise as “[t]he paradigm of ‘practical’ legal scholarship.” In his words, treatises “create an interpretive framework; categorize the mass of legal authorities in terms of this framework; interpret closely the various authoritative texts within each category; and thereby demonstrate for judges or practitioners what ‘the law’ requires.” Part I examines the origins …
Lawyers In The Shadows: The Transactional Lawyer In A World Of Shadow Banking, Steven L. Schwarcz
Lawyers In The Shadows: The Transactional Lawyer In A World Of Shadow Banking, Steven L. Schwarcz
Faculty Scholarship
This article examines how the role of transactional lawyers should change in the new world of shadow banking. Although transactional lawyers should consider the potential systemic consequences of their client's actions, their actions should be tempered by their primary duties to the client and by their responsibilities to the l,egal system more broadly.
Educating The Invincibles: Strategies For Teaching The Millennial Generation In Law School, Emily Benfer, Colleen F. Shanahan
Educating The Invincibles: Strategies For Teaching The Millennial Generation In Law School, Emily Benfer, Colleen F. Shanahan
Faculty Scholarship
Each new generation of law students presents its own set of challenges for law teachers seeking to develop competent and committed members of the legal profession. This article aims to train legal educators to recognize their students' generational learning style and to deliver a tailored education that supports the development of skilled attorneys. To help legal educators better understand the newest generation of law students, this article explores the traits associated with the Millennial Generation of law students, including their perspective on themselves and others, on education and on work. It then provides detailed and specific strategies for teaching millennial …
Will Law Firms Go Public, Roberta S. Karmel