Legal Profession Commons^™

Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing, Josephine Sandler Nelson

J.S. 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, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.

Especially in the wake of the financial crisis, prosecutors and the public are searching for new tools to combat corporate conspiracy. The most ...

Enduring Hierarchies In American Legal Education, Olufunmilayo B. Arewa, Andrew P. Morriss, William D. Henderson

Indiana Law Journal

Although much attention has been paid to U.S. News & World Report’s rankings of U.S. law schools, the hierarchy it describes is a long-standing one rather than a recent innovation. In this Article, we show the presence of a consistent hierarchy of U.S. law schools from the 1930s to the present, provide a categorization of law schools for use in research on trends in legal education, and examine the impact of U.S. News’s introduction of a national, ordinal ranking on this established hierarchy. The Article examines the impact of such hierarchies for a range of decision making in law school contexts, including the role of hierarchies in promotion, tenure, publication, and admissions; for employers in hiring; and for prospective law students in choosing a law school. This Article concludes with suggestions for ways the legal academy can move beyond existing hierarchies, while still addressing issues of pressing concern in the legal education sector. Finally, the Article provides a categorization of law schools across time that can serve as a basis for future empirical work on trends in legal education and scholarship.

The Monopoly Myth And Other Tales About The Superiority Of Lawyers, Leslie C. Levin

Leslie C. Levin

The legal profession’s control of much of the market for legal services is justified by the claim that only licensed lawyers can effectively and ethically represent clients. This article challenges that claim. A review of a number of studies suggests that experienced nonlawyers can provide competent legal services in certain contexts and in some cases, can seemingly do so as effectively as lawyers. There is also little evidence that lawyers’ legal training, the bar admission requirements, or lawyers’ psychological characteristics make them more trustworthy than nonlawyer legal services providers. The article considers some recent initiatives, such as Washington’s ...

Hugh Willis (Photograph)

Hugh Willis (1942-1943 Acting)

Hugh Willis in his office holding golf clubs. Dean Willis was the Indiana University Golf Coach from 1935 until 1940.

W. P. Rogers (Engraving)

William Rogers (1896-1902)

Engraving of William Rogers.

2014 Academy Of Law Alumni Fellows Invitation

Academy of Law Alumni Fellows

No abstract provided.

2014 Academy Of Law Alumni Fellows Dinner And Induction Ceremony Program

Academy of Law Alumni Fellows

No abstract provided.

A Proposal To The Aba: One Required Legal Writing Course For All Six Semesters Of Law School, Adam Lamparello

Adam Lamparello

If you decide to run a marathon, but stop training after the eighth week of a sixteen-week training schedule, you will not finish. Why? Your muscles atrophied, and your stamina declined. If you stop writing after the second or third semester of law school, you will not become a good legal writer. Why? Your skills atrophied. You did not develop mental memory—just like the marathon runner did not develop muscle memory.

Why did the marathon runner stop? Maybe life got in the way, or training became too hard. But it’s the difficult moments—the grind—that separates the ...

Vol. 46, No. 11 (April 7, 2014)

Indiana Law Annotated

No abstract provided.

Location And Interval Before Lucrative Practice, Enoch G. Hogate

Enoch George Hogate (1906-1918; 1918-1924 Dean Emeritus)

No abstract provided.

Exporting The Legal Incubator: A Conversation With Fred Rooney, Fred Rooney, Justin Steele

University of Massachusetts Law Review

A legal conversion between Justin Steele, Executive Articles Editor of the UMass Law Review and Fred Rooney, Director of the International Justice Center for Post-Graduate Development at Touro Law Center.

Retaining Color, Veronica Root

University of Michigan Journal of Law Reform

It is no secret that large law firms are struggling in their efforts to retain attorneys of color. This is despite two decades of aggressive tracking of demographic rates, mandates from clients to improve demographic diversity, and the implementation of a variety of diversity efforts within large law firms. In part, law firm retention efforts are stymied by the reality that elite, large law firms require some level of attrition to function properly under the predominant business model. This reality, however, does not explain why firms have so much difficulty retaining attorneys of color — in particular black and Hispanic attorneys ...

Vol. 46, No. 10 (March 31, 2014)

Indiana Law Annotated

No abstract provided.

Cat, Cause, And Kant, Richard J. Peltz-Steele

University of Massachusetts Law Review

These are precarious times in which to launch a new law school and a new law review. Yet here we are. The University of Massachusetts is now in its first year of operation with provisional ABA accreditation. This text is a foreword to the first general-interest issue of the University of Massachusetts Law Review. Now marks an appropriate time to take stock of what these institutions mean to accomplish in our unsettled legal world.

New Technology And The Practice Of Law: Gear For Your Office And The Road, Maureen Cahill, Jason Tubinis

Continuing Legal Education Presentations

Provides guidance to legal professionals about ways that technology can make their practices more efficient, secure, and mobile. Includes discussion of hardware gadgets, helpful websites, and tips for comparing legal databases., as well as ethics considerations of electronic files.

Vol. 46, No. 09 (March 24, 2014)

Indiana Law Annotated

No abstract provided.

Vol. 46, No. 08 (March 10, 2014)

Indiana Law Annotated

No abstract provided.

The Ethics Of Effective Advocacy For Children In Abuse And Neglect Proceedings, Suparna Malempati

Suparna Malempati

This article addresses ethical dilemmas lawyers face when representing children in abuse and neglect proceedings in juvenile court. Children in such cases need traditional advocacy in order to protect their legal rights and effectuate just outcomes. Lawyers who represent children have an ethical obligation to perform this function as advocates for their clients and not merely as guardians ad litem who make paternalistic recommendations about the best interests of children. The requirement that lawyers disregard their role as advocates for the role of guardians ad litem circumvents the ethical rules that govern lawyers and fails to adequately and effectively safeguard ...

Bargaining In The Shadow Of Big Data, Dru Stevenson, Nicholas J. Wagoner

Dru Stevenson

Attorney bargaining has traditionally taken place in the shadow of trial, as litigants alter their pretrial behavior—including their willingness to negotiate a settlement—based on their forecast of the outcome at trial and associated costs. Lawyers bargaining in the shadow of trial have traditionally relied on their knowledge of precedent, intuition, and previous interactions with the presiding judge and opposing counsel to forecast trial outcomes and litigation costs. Today, however, technology for leveraging legal data is moving the practice of law into the shadow of the trends and patterns observable in aggregated litigation data. In this Article, we describe ...

Vol. 46, No. 07 (March 3, 2014)

Indiana Law Annotated

No abstract provided.