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Transforming Justice, Lawyers And The Practice Of Law, Marjorie A. Silver 2016 Touro Law Center

Transforming Justice, Lawyers And The Practice Of Law, Marjorie A. Silver

Marjorie A. Silver

This is the Preface and Introduction to Transforming Justice, Lawyers and the Practice of Law (forthcoming Carolina Academic Press 2016), an anthology of writings by participants in the Project for Integrating Spirituality, Law and Politics (PISLAP) and others actively engaged in transforming law, legal education and social justice. It showcases the abundant ways in which lawyers, judges, law professors and others are employing more communitarian, peaceful and healing ways to resolve conflicts, plan legal relationships and achieve justice. It is written for lawyers, law professors, law students and others who share similar goals and are eager to learn new ways ...


The Irony Of Lawyers' Justice In America, Thomas L. Shaffer 2016 Notre Dame Law School

The Irony Of Lawyers' Justice In America, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran 2016 Notre Dame Law School

Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran

Thomas L. Shaffer

No abstract provided.


The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer 2016 Notre Dame Law School

The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


On Living One Way In Town And Another Way At Home, Thomas L. Shaffer 2016 Notre Dame Law School

On Living One Way In Town And Another Way At Home, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.


Lawyers As Strangers And Friends: A Reply To Professor Sammons, Thomas L. Shaffer, Robert F. Cochran Jr. 2016 Selected Works

Lawyers As Strangers And Friends: A Reply To Professor Sammons, Thomas L. Shaffer, Robert F. Cochran Jr.

Thomas L. Shaffer

No abstract provided.


Business Lawyers, Baseball Players, And The Hebrew Prophets, Thomas L. Shaffer 2016 Notre Dame Law School

Business Lawyers, Baseball Players, And The Hebrew Prophets, Thomas L. Shaffer

Thomas L. Shaffer

This article is a reflection on the ethics of practiving law for business, building on the career of Scott Boras, who acts as agent and lawyer for professional baseball players. The reflection wonders at the clout corporate lawyers have over their clients, mentioning, of course, some personal experiences (back before the invention of moveable type) from the author's two years in a large business-oriented law firm, as well as on Mr. Boras's significant influence in the baseball world. The object, finally, is ethical reflection on such things as the particular a lawyer has when she in in house ...


The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch 2016 University of Pennsylvania Law School

The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch

Jill Fisch

No abstract provided.


The Long Road Back: Business Roundtable And The Future Of Sec Rulemaking, Jill E. Fisch 2016 Selected Works

The Long Road Back: Business Roundtable And The Future Of Sec Rulemaking, Jill E. Fisch

Jill Fisch

The Securities and Exchange Commission (SEC or Commission) has faced a number of challenges in the last few years. Judge Rakoff’s decision in Citigroup, the Madoff scandal, and the Business Roundtable decision are just a few of the developments that have dealt lasting damage to the SEC’s reputation. Critics have scrutinized the agency’s decisionmaking on multiple fronts—from its enforcement policy to the quality of its rulemaking—and the SEC has largely come up short in the analysis. The once-revered top cop of the securities markets has taken a hit, and it is unclear whether it can ...


Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch 2016 University of Pennsylvania Law School

Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch

Jill Fisch

The lead counsel auction has attracted increasing attention. Auction advocates mgue that auctions introduce competitive market forces that improve the selection and compensation of class counsel. The benefits of the auction, the;' claim, include lower legal fees and better representation. Careful scrutiny reveals that auction advocates have overlooked substantial methodological problems with the design and implementation of the lead counsel auction. Even if these problems were overcome, the auction procedure is flawed: Auctions are poor tools for selecting firms based on multiple criteria, compromise the judicial role, and are unlikely to produce reasonable fee awards. Although the existing record is ...


Vol. 51, No. 01 (August 22, 2016), 2016 Maurer School of Law: Indiana University

Vol. 51, No. 01 (August 22, 2016)

Indiana Law Annotated

No abstract provided.


Getting The Insider's Story Out: What Popular Film Can Tell Us About Legal Method's Dirty Secrets, Rebecca Johnson, Ruth Buchanan 2016 Selected Works

Getting The Insider's Story Out: What Popular Film Can Tell Us About Legal Method's Dirty Secrets, Rebecca Johnson, Ruth Buchanan

Ruth Buchanan

In this paper, the authors seek to use the insights gained by viewing and thinking critically about a range of Hollywood films to better illuminate the disciplinary blindspots of law. Both law and film are viewed as social institutions, engaged in telling stories about social life. Hollywood films are often critical of law and legal institutions. Law is dismissive of its representation within popular culture. However, the authors argue that law disregards cinematic cynicism about itself at its peril and that there is much to learn by taking cinematic portrayals of law very seriously---not as representations of the truth of ...


Rethinking The Nature Of The Firm: The Corporation As A Governance Object, Peer Zumbansen 2016 Selected Works

Rethinking The Nature Of The Firm: The Corporation As A Governance Object, Peer Zumbansen

Peer Zumbansen

This Article attempts to bridge two discourses—corporate governance and contract governance. Regarding the latter, a group of scholars has recently set out to develop a more comprehensive research agenda to explore the governance dimensions of contractual relations, highlighting the potential of contract theory to develop a more encompassing theory of social and economic transactions. While a renewed interest in the contribution of economic theory for a concept of contract governance drives one dimension of this research, another part of this undertaking has been to move contract theory closer to theories of social organization. Here, these scholars emphasize the “social ...


The Mystery Of Mutual Insurers In Lawyers Professional Liability Insurance, Tom Baker, Rick Swedloff 2016 University of Pennsylvania Law School

The Mystery Of Mutual Insurers In Lawyers Professional Liability Insurance, Tom Baker, Rick Swedloff

Faculty Scholarship

Large law firms in the U.S. rely heavily on lawyers-only mutual insurers to manage their malpractice risks. Yet, under classic economic theory, mutual insurers should not be able to compete with stock insurers, at least absent a market failure. Mutuals have less access to capital and thus less ability to spread risk. Also, mutuals demand much more law firm partner time. Our research into the lawyers’ professional liability (LPL) insurance market makes three contributions. First, while we find evidence consistent with the traditional explanations for mutual insurance—market failures related to moral hazard and adverse selection and a problem ...


Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski 2016 Selected Works

Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski

Jeffrey J Rachlinski

With declining law school enrollments, rising rates of pro se litigation, increasing competition from international lawyers and other professionals, and disparaging assessments from the Supreme Court, the legal profession is under increasing attack. Recent research suggesting that legal representation does not benefit clients has further fueled an existential anxiety in the profession. Are lawyers needed and do they matter? In this Article, we review the existing empirical research on the effect of legal representation on civil dispute outcomes. Although the pattern of results has complexities, across a wide range of substantive areas of law (housing, governmental benefits, family law, employment ...


Financial Hospitals: Defending The Fed’S Role As A Market Maker Of Last Resort, José Gabilondo 2016 Selected Works

Financial Hospitals: Defending The Fed’S Role As A Market Maker Of Last Resort, José Gabilondo

José Gabilondo

During the last financial crisis, what should the Federal Reserve (the Fed) have done when lenders stopped making loans, even to borrowers with sterling credit and strong collateral? Because the central bank is the last resort for funding, the conventional answer had been to lend freely at a penalty rate against good collateral, as Walter Bagehot suggested in 1873 about the Bank of England. Acting thus as a lender of last resort, the central bank will keep solvent banks liquid but let insolvent banks go out of business, as they should. The Fed tried this, but when the conventional wisdom ...


Forum Selling, Daniel M. Klerman, Greg Reilly 2016 USC Law School

Forum Selling, Daniel M. Klerman, Greg Reilly

University of Southern California Legal Studies Working Paper Series

Forum shopping is problematic because it may lead to forum selling. For diverse motives, including prestige, local benefits, or re-election, some judges want to hear more cases. When plaintiffs have wide choice of forum, such judges have incentives to make the law more pro-plaintiff, because plaintiffs choose the court. While only a few judges may be motivated to attract more cases, their actions can have large effects, because their courts will attract a disproportionate share of cases. For example, judges in the Eastern District of Texas have distorted the rules and practices relating to case assignment, joinder, discovery, transfer, and ...


Legal Writing, Therapeutic Jurisprudence, And Professionalism, Shelley Kierstead 2016 Osgoode Hall Law School of York University

Legal Writing, Therapeutic Jurisprudence, And Professionalism, Shelley Kierstead

Shelley M. Kierstead

“Professionalism as a personal characteristic is revealed in an attitude and approach to an occupation that is commonly characterized by intelligence, integrity, maturity, and thoughtfulness.”

“Words are the principal tool of lawyers and judges, whether we like it or not.”

The quotes above refer to two quintessential aspects of lawyers’ work. First, as members of a self-regulated profession, we must aspire to a level of professionalism that is characterized by intelligence, maturity, and thoughtfulness. Second, regardless of the tasks we undertake, words are critically important to lawyers. Not only must we be able to conduct comprehensive and coherent legal analysis ...


Rural Justice In North Dakota, Kathyrn R.L. Rand, Joseph A. Wetch, Gail Hagerty, Tony J. Weiler 2016 Mitchell Hamline School of Law

Rural Justice In North Dakota, Kathyrn R.L. Rand, Joseph A. Wetch, Gail Hagerty, Tony J. Weiler

Mitchell Hamline Law Review

No abstract provided.


The Downside Of Disruption: The Risks Associated With Transformational Change In The Delivery Of Legal Services, Raymond H. Brescia 2016 New York Law School

The Downside Of Disruption: The Risks Associated With Transformational Change In The Delivery Of Legal Services, Raymond H. Brescia

Impact Center for Public Interest Law

No abstract provided.


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