Betting Against The (Big) House: Bargaining Away Criminal Trial Rights, 2015 John Marshall Law School
Betting Against The (Big) House: Bargaining Away Criminal Trial Rights, Raymond J. Mckoski
Raymond J. McKoski
No abstract provided.
, The Law School Of The Future: How The Synergies Of Convergence Will Transform The Very Notion Of “Law Schools” During The 21st Century From “Places” To “Platforms”, 2015 Atlanta's John Marshall Law School
, The Law School Of The Future: How The Synergies Of Convergence Will Transform The Very Notion Of “Law Schools” During The 21st Century From “Places” To “Platforms”, Jeffrey A. Van Detta
Jeffrey A. Van Detta
This article discusses the disruptive change in American (and trans-national) legal education that the convergence of technology and economics is bringing to legal education. It posits, and then defends, the following assertion about "law schools of the future":
“Law schools will no longer be ‘places’ in the sense of a single faculty located on a physical campus. In the future, law schools will consist of an array of technologies and instructional techniques brought to bear, in convergence, on particular educational needs and problems.”
This paper elaborates on that prediction, discussing the ways in which technology will positively impact legal education ...
The End Of Law Schools, 2015 Peking University School of Transnational Law
The End Of Law Schools, Ray W. Campbell
Ray W Campbell
What would legal education look like if it were designed from the ground up for a world in which legal services have undergone profound and irreversible change? Law schools as we know them are doomed. They continue to offer an educational model originally designed to prepare lawyers to practice in common law courts of a bygone era. That model fails to prepare lawyers for today’s highly specialized practices, and it fails to provide targeted training for the emerging legal services fields other than traditional lawyering.
This article proposes a new ideology of legal education to meet the needs of ...
Crying Over Spilt Milk: Why The Legal Community Is Ethically Obligated To Ensure Legalzoom’S Survival In The Legal Services Marketplace, 2015 Minnesota Court of Appeals, Law Clerk
Crying Over Spilt Milk: Why The Legal Community Is Ethically Obligated To Ensure Legalzoom’S Survival In The Legal Services Marketplace, Cody Blades
Hamline Law Review
Regulating Mediators, 2015 Arizona State University
Regulating Mediators, Art Hinshaw
Currently consumers engage mediators on a caveat emptor basis. The regulatory scheme for mediators is, at best, a disjointed patchwork of organizations that make mediation referrals which allows unscrupulous mediators to exploit consumers and hide in the system’s holes. One egregious example of abuse comes from Gary J. Karpin, a disbarred lawyer turned divorce mediator, who is believed to have used the mediation process to con hundreds of people into giving him an estimated $1 million before taking up residence in prison. His con was so successful in part because there was no natural place for his victims to ...
Honestidad Y Justicia, 2015 Instituto de Investigaciones Jurídicas, de la Universidad Nacional Autónoma de México (UNAM)
Honestidad Y Justicia, Jorge Adame Goddard
Jorge Adame Goddard
Exposición sintética del desarrollo personal conforme con la razón humana, que es la honestidad, y del perfeccionamiento de la vida familiar, política e internacional conforme con la justicia.
Experiential Education And Our Divided Campuses: What Delivers Practice Value To Big Law Associates, Government Attorneys, And Public Interest Lawyers?, 2015 Indiana University - Bloomington
Experiential Education And Our Divided Campuses: What Delivers Practice Value To Big Law Associates, Government Attorneys, And Public Interest Lawyers?, Margaret E. Reuter, Joanne Ingham
Margaret E. Reuter
How will law schools meet the challenge of expanding their education in lawyering skills as demanded from critics and now required by the ABA? This article examines the details of the experiential coursework (clinic, field placement, and skills courses) of 2,142 attorneys. It reveals that experiential courses have not been comparably pursued or valued by former law students as they headed to careers in different settings and types of law practice. Public interest lawyers took many of these types of courses, at intensive levels, and valued them highly. In marked contrast, corporate lawyers in large firms took far fewer ...
For Men Only: A Gap In The Rules Makes Sex Discrimination In The Client Selection Process Ethical, 2015 Nova Southeastern University - Shepard Broad Law Center
For Men Only: A Gap In The Rules Makes Sex Discrimination In The Client Selection Process Ethical, Michele N. Struffolino
Michele N Struffolino
For Men Only: A Gap in the Rules Makes Sex Discrimination in the Client Selection Process Ethical
By Professor Michele N. Struffolino
The billboard states: “Divorce: Men Only.” The reaction is one of confusion. Something just does not seem right. Isn’t this discrimination? Is the system willing to allow this message because the need to protect men’s rights in divorce outweighs the systemic and societal harms associated with the message?
Although this article focuses on the ethical issues associated with firms that exclude women from the pool of potential divorce clients, the existence of women only ...
Solicitors' Right To Advertise: A Historical And Comparative Analysis, 2015 University of Georgia School of Law
Solicitors' Right To Advertise: A Historical And Comparative Analysis, M. Catherine Harris
Georgia Journal of International & Comparative Law
No abstract provided.
Civil Asset Forfeiture: An Economic Analysis Of Ontario And British Columbia, 2015 Western University
Civil Asset Forfeiture: An Economic Analysis Of Ontario And British Columbia, Patrick Daley
Western Journal of Legal Studies
This paper compares and analyzes the incentive structure of Ontario and British Columbia’s civil asset forfeiture regimes. Part one surveys the American civil forfeiture experience to draw out theoretical considerations from American academia and inform a discussion of Canadian law. Part two compares the Ontario and British Columbia civil forfeiture regimes and identifies institutional incentives and barriers embedded in the framework of the forfeiture regimes in each province. Part three uses empirical data to explain how Ontario and British Columbia’s incentive structures affect civil forfeiture’s use. The paper argues there is an optimal allocation of resources towards ...
Permissibility Of Colour And Racial Profiling, 2015 Thompson Rivers University
Permissibility Of Colour And Racial Profiling, James Singh Gill
Western Journal of Legal Studies
Racial profiling in law enforcement is a contentious matter, particularly in light of U.S. police-citizen race tensions. The racial profiling debate has not been settled. Racial profiling proponents view it as a tool to effectively uncover criminal activity among certain racial groups. Critics find that racial profiling perpetuates racial stigmas and is largely inefficient as a policing tool. This article explores the ongoing debate and offers an overview of the Canadian judicial experience with racial profiling. The author proposes a middle-ground solution where racial profiling may be used under certain constraints imposed on law enforcement. The author suggests that ...
Buying Voice: Financial Rewards For Whistleblowing Lawyers, 2015 Boston University School of Law
Buying Voice: Financial Rewards For Whistleblowing Lawyers, Nancy J. Moore, Kathleen Clark
Nancy J Moore
“Buying Voice: Financial Incentives for Whistleblowing Lawyers”
Kathleen Clark and Nancy J. Moore
The federal government relies increasingly on whistleblowers to ferret out fraud, and has awarded whistleblowers over $4 billion under the False Claims Act and the Dodd-Frank Wall Street reform and Consumer Protection Act. May lawyers ethically seek whistleblower rewards under these federal statutes? A handful of lawyers have tried to do so as FCA qui tam relators. They have not yet succeeded, but several court decisions suggest that they might be able to do so under confidentiality exceptions to state ethics law, which several courts have ...
The Universal Remedy For Attorney Abandonment: Why Holland V. Florida And Maples V. Thomas Give All Courts The Power To Vacate Civil Judgments Against Abandoned Clients By Way Of Rule 60(B)(6), 2015 Pepperdine University
The Universal Remedy For Attorney Abandonment: Why Holland V. Florida And Maples V. Thomas Give All Courts The Power To Vacate Civil Judgments Against Abandoned Clients By Way Of Rule 60(B)(6), Stephen White
Pepperdine Law Review
This Article argues that Federal Rule of Civil Procedure 60(b)(6) is the only remedy that courts can always rely on to enforce this power. The universal availability of this statutory rule, which states that courts can vacate judgments against parties “for any . . . reason that justifies relief,” ensures that courts can safeguard clients from the conduct of attorneys who have abandoned them. Part II of this Comment provides an overview of the distinct models the Supreme Court has utilized to evaluate attorney misconduct and the circumstances that bind clients to that misconduct. Part II also describes in detail the ...
Whose Truth? Objective And Subjective Perspectives On Truthfulness In Advocacy, 2015 Cornell Law School
Whose Truth? Objective And Subjective Perspectives On Truthfulness In Advocacy, W. Bradley Wendel
Cornell Law Faculty Working Papers
A lawyer confronts many features of the world that are given, inflexible, and must simply be dealt with; at the same time she has latitude for creativity, for the exercise of skill and judgment toward the realization of the client’s ends. Although in law school it may seem that the law that is open-textured, manipulable, and the wellspring of creative lawyering, in practice the facts do not come pre-packaged and accepted as true for the purposes of an appellate court’s review, but are highly contingent and the product of the interaction between a lawyer and witnesses, documents, and ...
How To Maneuver In The World Of Negative Online Reviews, The Important Ethical Considerations For Attorneys, And Changes Needed To Protect The Legal Profession, Angela Goodrum
No abstract provided.
Who Gets The Jewels When A Law Firm Dissolves? The Unfinished Business Doctrine And Hourly Matters, 2015 Northwestern University School of Law
Who Gets The Jewels When A Law Firm Dissolves? The Unfinished Business Doctrine And Hourly Matters, Peter W. Rogers
Northwestern University Law Review
No abstract provided.
Believe It Or Not: Mitigating The Negative Effects Personal Belief And Bias Have On The Criminal Justice System, Sarah A. Mourer
This article examines the prosecutor’s and defense attorney’s personal pre-trial beliefs regarding the accused’s guilt or innocence. This analysis suggests that when an attorney does hold pretrial beliefs, such beliefs lead to avoidable bias and errors. These biases may alter the findings throughout all stages of the case. The procedure asking that the prosecution seek justice while having nothing more than probable cause results in the prosecutor’s need to have a belief in guilt before proceeding to trial. While this belief is intended to foster integrity and fairness in the criminal justice system, to the contrary ...
Conceptualizing Student Practice For The 21st Century: Educational And Ethical Considerations In Modernizing The District Of Columbia Student Practice Rules, 2015 Georgetown University Law Center
Conceptualizing Student Practice For The 21st Century: Educational And Ethical Considerations In Modernizing The District Of Columbia Student Practice Rules, Wallace J. Mlyniec, Haley D. Etchison
Georgetown Law Faculty Publications and Other Works
This article traces the history of the amendment process. It provides a short history of student practice rules and then, using the student practice rule in effect in the District of Columbia prior to the 2014 amendments, describes the various components of those rules that courts and bars across the nation have implemented to assist courts, advance legal education, and preserve advocates’ ethical obligations to clients. It then describes some of the comments to the proposed amendments offered by the District of Columbia Bar and other D.C. lawyers during the public comment period and the modifications to the District ...
The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), Josephine Sandler Nelson
The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result of this absence of accountability, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.
This vacuum at the center of American conspiracy law has now warped the doctrines around it. Especially in ...
21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, 2015 University of Notre Dame
21st Century Arms Control Challenges: Drones, Cyber Weapons, Killer Robots, And Wmds, Mary Ellen O'Connell
Washington University Global Studies Law Review
No abstract provided.