Legal Profession Commons^™

How To Make Rules For Lawyers: The Professional Responsibility Of The Legal Profession, Stephen Gillers

Pepperdine Law Review

When considering the professional responsibilities of American lawyers, two questions often arise: (1) whether a particular rule strikes the right balance among the multiple interests it purports to reconcile and (2) whether in a particular circumstance a lawyer's or law firm's behavior complied with the governing rules. This article explores a third question. What is the responsibility of the profession itself when, through its various institutions and especially bar associations, it asks courts, lawmakers, or agencies to adopt particular rules governing the conduct of lawyers? Rather than exploring the discussing the conduct of individual lawyers or the correctness of any …

Louis D. Brandeis And The Lawyer Advocacy System, Robert F. Cochran Jr.

Pepperdine Law Review

The law practice of Louis Brandeis serves as an appropriate vehicle for examining both the history of the legal profession in the United States and the role of lawyers as philanthropists. Brandeis was one of America's most successful and innovative lawyers at the turn of the twentieth century, and serves as a role model for lawyers in his dedication to public service. Brandeis, of course, is best known for his work as a Justice on the United States Supreme Court; however, he is less well known for his work as a lawyer-though he practiced law for 40 years before he …

The Lawyer Of The Future, Deanell Reece Tacha

Pepperdine Law Review

This piece introduces the Pepperdine Law Review symposium issue for Volume 40, publishing articles derived from the April 20, 2012 The Lawyer of the Future: Exploring the Impact of Past and Present Lawyers and the Lessons They Provide for Future Generations symposium, which explored the role of the lawyer in American society-past, present, and future.

The Case For "Higher Law", John Warwick Montgomery

Pepperdine Law Review

No abstract provided.

Amending For Justice’S Sake: Codified Disclosure Rule Needed To Provide Guidance To Prosecutor’S Duty To Disclose, Nathan A. Frazier

Florida Law Review

"I wouldn’t wish what I am going through on anyone," Senator Ted Stevens commented after losing his seat in the United States Senate on November 18, 2008. Senator Stevens lost the race largely because a criminal conviction damaged his reputation. After Senator Stevens endured months of contentious litigation, the jury convicted the longest serving Republican senator in United States history on seven felony counts of ethics violations. Six months later, the presiding judge, the Honorable Emmet Sullivan, vacated the conviction at the request of Attorney General Eric Holder because of blatant failures to disclose exculpatory evidence. Senator Stevens brings a …

Two Faces Of Judicial Restraint (Or Are There More?) In Mcdonald V. City Of Chicago, Nelson Lund

Florida Law Review

Since the days of the Warren Court, conservatives have attacked “judicial activism.” Beginning with Judge Robert Bork’s Supreme Court nomination hearings, and lately with increasing frequency, liberals have sought to turn the tables. Critics now charge that conservative judges are activists, especially when they undermine liberal precedents or strike down liberal legislation. Defenders of judicial activism have all but disappeared. One sign of this apparent consensus is that all Supreme Court nominees now promise to be paragons of judicial restraint. Any of the following quotes, for example, could easily have been uttered by any of the four most recent nominees: …

Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes

Pepperdine Law Review

The quality of our judicial system, like other institutions, is a function of the work performed by those who are afforded major roles in the dispensation of justice. Unmistakably. judges, jurors and lawyers assume key roles in this process. Professor Aynes, who is a member of the A.B.A.'s Evaluation of Judicial Performance Committee, recognizes that both judges and lawyers, unlike jurors, are professionals expected to bring more to the bench than honesty, good faith and diligence. The author observes that while efforts to improve the daily performance of attorneys have been well under way since the early 1970's, it i …

The Federal Sentencing Guidelines’ Abuse Of Trust Enhancement: An Argument For The Professional Discretion Approach, Adam Denver Griffin

Florida Law Review

This Article introduces a new concept-“longitudinal guilt”-which invites readers to reconsider basic presuppositions about the way our criminal justice system determines guilt in criminal cases. In short, the idea is that a variety of features of criminal procedure, most importantly, plea bargaining, conspire to change the primary “truthfinding mission” of criminal law from one of adjudicating individual historical cases to one of identifying dangerous “offenders.” This change of mission is visible in the lower proof standards we apply to repeat criminal offenders. The first section of this Article explains how plea bargaining and graduated sentencing systems based on criminal history …

Longitudinal Guilt: Repeat Offenders, Plea Bargaining, And The Variable Standard Of Proof, Russell D. Covey

Florida Law Review

This Article introduces a new concept-“longitudinal guilt”-which invites readers to reconsider basic presuppositions about the way our criminal justice system determines guilt in criminal cases. In short, the idea is that a variety of features of criminal procedure, most importantly, plea bargaining, conspire to change the primary “truthfinding mission” of criminal law from one of adjudicating individual historical cases to one of identifying dangerous “offenders.” This change of mission is visible in the lower proof standards we apply to repeat criminal offenders. The first section of this Article explains how plea bargaining and graduated sentencing systems based on criminal history …

Sequencing The Issues For Judicial Decisionmaking: Limitations From Jurisdictional Primacy And Intrasuit Preclusion, Kevin M. Clermont

Florida Law Review

This Article treats the order of decision on multiple issues in a single case. That order can be very important, with a lot at stake for the court, society, and parties. Generally speaking, although the parties can control which issues they put before a judge, the judge gets to choose the decisional sequence in light of those various interests. The law sees fit to put few limits on the judge’s power to sequence. The few limits are, in fact, quite narrow in application, and even narrower if properly understood. The Steel Co.-Ruhrgas rule generally requires a federal court to decide …

Up Or Out And Into The Supreme Court: A Forecast For Hishon V. King And Spalding , Linda Randlett Kollar

Pepperdine Law Review

The author presents an extensive analysis of Title VII in an effort to forecast the forthcoming Supreme Court decision of Hishon v. King and Spalding. Included are the issues presented to the Court, the legislative history of Title VII, the Eleventh Circuit Court of Appeals' decision, and a historical inquiry of the applicable decisions of the Burger Court. Although the outcome of the case has yet to be decided, the author's informed prediction will guide commentaries in the future.

Guiding The Invisible Hand: The Consumer Protection Function Of Unauthorized Practice Regulation, Elizabeth Michelman

Pepperdine Law Review

No abstract provided.

Sanctions Under California Code Of Civil Procedure Section 128.5: How To Avoid Eating A Piece Of Humble Pie, Tara A. Flanagan

Pepperdine Law Review

No abstract provided.

Sequencing And Allocating Attorney Time To Cases, Stuart S. Nagel

Pepperdine Law Review

No abstract provided.

The Grand Jury Subpoena: Is It The Prosecutor's "Ultimate Weapon" Against Defense Attorneys And Their Clients?, Tara A. Flanagan

Pepperdine Law Review

No abstract provided.

A Comment On The Instruction Of Constitutional Law, William H. Rehnquist

Pepperdine Law Review

No abstract provided.

Mandatory Disclosure: California Bar Refuses To Adopt Proposed Rule To Confront Client Perjury , David B. Wasson

Pepperdine Law Review

No abstract provided.

Mandatory Pro Bono: The Path To Equal Justice, John R. Desteiguer

Pepperdine Law Review

No abstract provided.

Response To "One Year After Dondi: Time To Get Back To Litigating?", Thomas M. Reavley

Pepperdine Law Review

No abstract provided.

One Year After Dondi: Time To Get Back To Litigating?, William A. Brewer Iii, Francis B. Majorie

Pepperdine Law Review

No abstract provided.

Sanctions - Stepchild Or Natural Heir To Trial And Appellate Court Delay Reduction?, Fred Woods

Pepperdine Law Review

No abstract provided.

Rambo Litigators: Pitting Aggressive Tactics Against Legal Ethics, Thomas M. Reavley

Pepperdine Law Review

No abstract provided.

Introduction, Ronald F. Phillips

Pepperdine Law Review

No abstract provided.

Federal Constraints On States’ Ability To License An Undocumented Immigrant To Practice Law , Adam Wright

Michigan Journal of Race and Law

No court has decided whether an undocumented immigrant can be admitted to a state bar in a manner consistent with federal law. At the time of this writing, the issue is pending before the California Supreme Court. Federal law prohibits states from providing public benefits to undocumented immigrants. In its definition of a “public benefit,” 8 U.S.C. § 1621 includes any professional license “provided by an agency of a State . . . or by appropriated funds of a State . . . .” The law’s prohibitions, however, are not unqualified. The statute’s “savings clause” allows states to provide public …

Lawyer Conflicts Of Interest And Sophisticated Clients, Kevin C. Mcmunigal

Utah OnLaw: The Utah Law Review Online Supplement

I like many things about Professor Milan Markovic’s article on which I have been invited to comment. He has chosen an interesting, important, and timely topic and provides a detailed and persuasive critique of the ability of sophisticated clients to understand and protect themselves from the dangers presented by attorney conflicts of interest. I found particularly interesting his examination of the psychological issues that surround a lawyer obtaining a client’s consent to a conflict of interest.

I devote this commentary, though, to two aspects of Professor Markovic’s article I find puzzling. The first is the modesty of the remedial measures …

Oral Argument Reform In Utah's Appellate Courts: Seeking To Revitalize Oral Argument Through Procedural Modification, Clark Collings

Utah OnLaw: The Utah Law Review Online Supplement

The current institution of oral argument in the national and Utah appellate court systems must be revitalized to save a legal practice that has positively contributed to the development of the law. The purposes served by oral argument—client advocacy and equitable appellate review—cannot be lost merely because the procedure is outdated. By implementing a tentative-opinion program, oral argument will be more focused and meaningful. By reformatting the procedural logistics of oral argument, the parties will be uninhibited in their approach to the conversation. Finally, by employing judicial debiasing strategies, the judges will be aware of their confirmation bias propensities and, …

Lawyers Bring Big Screen Drama To The Courtroom: How Popular Culture's Influence On The Law Has Created The Need For "Professional Witnesses", Katherine Lee Klapsa

Barry Law Review

No abstract provided.

Toward "Seamless" Solutions For Students

Maryland Carey Law

An interview with Susan L. Krinsky, Associate Dean for Students and Student Services

Myths About Women’S Careers In Law, Patricia M. Wald

University of Baltimore Journal of International Law

Judge Wald discusses several "myths" about women's careers in the law that she has encountered in hers, including the presence of hearty pioneers who despite obstacles and a cold climate pursued satisfying legal careers decades before the "women's movement" of the 1970's; the current status of women in the profession and the impediments to their further advancement, the enduring problems they confront in maintaining the "delicate balance" between marriage, motherhood and careers and the institutional reticence to accommodate their dual role, the need for vigilance to keep the gains they have already made from slipping away, whether men and women …

Legal Education: Globalization, And Institutional Excellence: Challenges For The Rule Of Law And Access To Justice In India, C. Raj Kumar

Indiana Journal of Global Legal Studies

Legal education plays an important role in developing lawyers who act as social engineers and work towards the cause of nation building. In a globalized world, law schools face the challenges of increased foreign competition and reduction of the role of the state. At the same time, globalization affords space for re-examining higher education systems by affording opportunity for establishing global universities with international collaborations and programs. This article examines the role of law schools in India and proposes reforms in Indian legal education system in the light of globalization. It examines how the private sector in India can contribute …