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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.


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

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

Pepperdine Law Review

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 ...


Book Review: Jubilee Book 1923-1973. Edited By R.J. Dupuy. Leyde, Holland: A.W. Sijthoff, 1973. Pp. 277., Gabriel M. Wilner 2016 University of Georgia

Book Review: Jubilee Book 1923-1973. Edited By R.J. Dupuy. Leyde, Holland: A.W. Sijthoff, 1973. Pp. 277., Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael 2016 CUNY Graduate Center

The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael

Graduate Student Publications and Research

What is the law and society framework and where has it gotten us? A student in a classroom might raise their hand and offer "understanding legal pluralism" as a possible answer. However, the conceptual problem with legal pluralism is the coexistence of potentially conflicting bases of justification. Given this, desiring to understand how the law shapes the structural underpinnings of whichever "legal" phenomena and its "ongoing transformation", is nevertheless an immense achievement that stops short of its underlying goal – the achievement of human dignity through human rights. For example, to talk about 'multi-stakeholder consultations' and other pithy phrases that describe ...


June 2016, 2016 Maurer School of Law: Indiana University

June 2016

Ergo

No abstract provided.


License To Profit: An Analysis Of Entry Regulations In The Legal And Real Estate Professions, Evgeny S. Vorotnikov 2016 University of St. Thomas, Minnesota

License To Profit: An Analysis Of Entry Regulations In The Legal And Real Estate Professions, Evgeny S. Vorotnikov

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Articles-Krieger_4-18-2016.Pdf, Steven A. Krieger 2016 University of California - Los Angeles

Articles-Krieger_4-18-2016.Pdf, Steven A. Krieger

Steven A. Krieger

It is becoming increasingly difficult for the middle class to obtain legal counsel.  The average income for the middle class resident is too high to qualify for pro bono legal services, which are based on the federal poverty guidelines, but not high enough to afford market rate attorneys.  To address this issue, a section of the legal community is providing “low bono” legal counsel to these middle class clients—both through small organizations and solo or small firm attorneys.  These attorneys charge rates that are well below market rates to allow middle class clients affordable access to legal counsel that ...


The Pro Bono Collaborative: Celebrating 10 Years Of Pro Bono Partnerships, Roger Williams University School of Law 2016 Roger Williams University

The Pro Bono Collaborative: Celebrating 10 Years Of Pro Bono Partnerships, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.


Raising The Bar: Establishing An Effective Remedy Against Ineffective Counsel, 2016 Brigham Young University Law School

Raising The Bar: Establishing An Effective Remedy Against Ineffective Counsel

BYU Law Review

No abstract provided.


Book Review | Practice Perspectives: Vault’S Guide To Legal Practice Areas, Tina M. Brooks 2016 University of Kentucky College of Law

Book Review | Practice Perspectives: Vault’S Guide To Legal Practice Areas, Tina M. Brooks

Tina M. Brooks

In this book review, Tina M. Brooks discusses Practice Perspectives: Vault’s Guide to Legal Practice Areas by Rachel Marx Boufford (editor).


Juking Access To Justice To Deregulate The Legal Market, Milan Markovic 2016 Texas A&M University School of Law

Juking Access To Justice To Deregulate The Legal Market, Milan Markovic

Milan Markovic

Study after study has concluded that the United States suffers from a lack of access to justice because most legal issues are addressed without attorney involvement. To better serve Americans who cannot currently afford legal assistance, scholars have argued that corporations should be permitted to offer legal services. England and Australia already allow corporations to own law firms and deliver legal services.

Whatever the merits of corporate delivery of legal services, its impact on access to justice has been overstated. The cost of legal services plays a minor role in decisions to not obtain legal assistance. Moreover, many legal services ...


Lawyers And The Secret Welfare State, Milan Markovic 2016 Texas A&M University School of Law

Lawyers And The Secret Welfare State, Milan Markovic

Milan Markovic

This Article suggests that the United States maintains a secret welfare state. The secret welfare state exists because of lawyers’ ubiquitous use of questionable practices in representing clients before benefit-granting government agencies, which enable thousands of individual to collect public benefits who may not qualify for them. This Article focuses in particular on lawyers’ handling of evidence of nondisability in Social Security Disability Insurance (SSDI) proceedings and participation in Medicaid planning. It may be possible that the legal profession’s central role in the distribution of public benefits is an obstacle to a fairer and more transparent social safety net.


Newsroom: Rwu Law Celebrates Commencement 2016 5-13-16, Roger Williams University School of Law 2016 Roger Williams University

Newsroom: Rwu Law Celebrates Commencement 2016 5-13-16, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Roger Williams University School Of Law Commencement: May 13, 2016, Bristol, Rhode Island, Roger Williams University School of Law 2016 Roger Williams University

Roger Williams University School Of Law Commencement: May 13, 2016, Bristol, Rhode Island, Roger Williams University School Of Law

School of Law Commencement (1996- )

No abstract provided.


Dean's Desk: New Faculty Continue Legacy Of Legal Scholarship, Austen Parrish 2016 Indiana University Maurer School of Law

Dean's Desk: New Faculty Continue Legacy Of Legal Scholarship, Austen Parrish

Austen Parrish (2014-)

No abstract provided.


2016 Annual Report For Digital Commons: The Legal Scholarship Repository @ Golden Gate University School Of Law, Janet Fischer 2016 Golden Gate University School of Law

2016 Annual Report For Digital Commons: The Legal Scholarship Repository @ Golden Gate University School Of Law, Janet Fischer

Annual Reports

Digital Commons: The Legal Scholarship Repository @ Golden Gate University School of Law, or, simply, DC@GGULaw, is the institutional repository for the law school’s intellectual work and contributions to the field of law, whether produced by faculty, students, centers or conferences. This report highlights the major accomplishments of DC@GGULaw from May, 2015 through April, 2016.


"But I Know It When I See It": Natural Law And Formalism, Hamilton Bryson 2016 University of Richmond

"But I Know It When I See It": Natural Law And Formalism, Hamilton Bryson

Law Faculty Publications

Review of R. H. Helmholz's book, Natural Law In Court: A History of Legal Theory in Practice (2015); and David M. Rabban's book, Law's History: American Legal Thought and the Transatlantic Turn to History (2013).


Shifting Attitudes In The Next Generation Of Male Lawyers: Will The Kids Be As Important As The Courtroom?, Shannon R. Webb, Catherine Loughlin 2016 Fanshawe College of Applied Arts and Technology

Shifting Attitudes In The Next Generation Of Male Lawyers: Will The Kids Be As Important As The Courtroom?, Shannon R. Webb, Catherine Loughlin

Western Journal of Legal Studies

We adopted role salience measures to assess whether commitments to occupational, parental, and marital roles differed between male and female law students. The results indicated that male law students were slightly more committed to occupational roles. We also found that male and female law students were equally committed to marital and childcare roles. Surprisingly, male and female law students reported equal self-efficacy to manage work-life conflict. Therefore, the study suggests that the decision to opt out of legal careers likely occurs more at the workplace level and is less attributed to pre-career commitment or self-efficacy levels.


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