Open Access. Powered by Scholars. Published by Universities.®

Legal Profession Commons

Open Access. Powered by Scholars. Published by Universities.®

4,299 Full-Text Articles 2,364 Authors 557,874 Downloads 106 Institutions

All Articles in Legal Profession

Faceted Search

4,299 full-text articles. Page 1 of 64.

Access To Legal Services In Rural Areas Of The Northern Rockies: A Recommendation For Town Legal Centers, Brian L. Lynch 2015 Indiana University Maurer School of Law

Access To Legal Services In Rural Areas Of The Northern Rockies: A Recommendation For Town Legal Centers, Brian L. Lynch

Indiana Law Journal

There are two distinct but related issues that affect legal representation in rural areas of the United States: the problem of attracting and keeping private attorneys,1 and the problem of satisfying the immense need for pro bono representation for low-income residents. Although these issues are interrelated—attracting attorneys to rural areas can help satisfy the need for pro bono representation—each state is handling the problems in distinctive ways.

In Part I, this Note will demonstrate why the Northern Rockies—which consists of the states of Idaho, Montana, and Wyoming—is a distinctive region with enough similarities between states ...


A Behavioral Theory Of Legal Ethics, Andrew M. Perlman 2015 Suffolk University Law School

A Behavioral Theory Of Legal Ethics, Andrew M. Perlman

Indiana Law Journal

Behavioral insights have informed many areas of law, including the field of professional responsibility. Those insights, however, have had only a modest effect on the foundational theories of legal ethics, even though those theories are, at their core, prescriptions about human behavior. The reality is that lawyers’ conduct cannot be understood, theorized about, or used to produce the best possible regulations without an appreciation for the limits on human rationality and objectivity. A behavioral theory of legal ethics offers a way to incorporate those realties into the foundational debates on a lawyer’s professional role so that scholars can produce ...


Vol. 49, No. 02 (August 31, 2015), 2015 Maurer School of Law: Indiana University

Vol. 49, No. 02 (August 31, 2015)

Indiana Law Annotated

No abstract provided.


Forum Selling, Daniel M. Klerman, Greg Reilly 2015 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 ...


The Folly Of Expecting Evil: Reconsidering The Bar’S Character And Fitness Requirement, Leslie C. Levin 2015 Brigham Young University Law School

The Folly Of Expecting Evil: Reconsidering The Bar’S Character And Fitness Requirement, Leslie C. Levin

BYU Law Review

No abstract provided.


A Tale Of Three “Professions”: Search Engine Optimization, Lawyering & Law Teaching, Ray W. Campbell 2015 Peking University School of Transnational Law

A Tale Of Three “Professions”: Search Engine Optimization, Lawyering & Law Teaching, Ray W. Campbell

Ray W Campbell

The question has been posed: is legal practice today a profession? This leads, naturally enough, to another question: should society treat it as one? Using the concept of ‘profession’ in different ways, some argue that one thing modern legal practice needs is a good dose of 'professionalism;' others argue that, whatever once might have been true, treating law practice as a ‘profession’ is a rum game best abandoned.

These questions matter. Law enjoys special regulatory privileges and market protections that make little sense if law has become just another form of business – a specialized form of consulting, perhaps. At the ...


Vol. 49, No. 01 (August 24, 2015), 2015 Maurer School of Law: Indiana University

Vol. 49, No. 01 (August 24, 2015)

Indiana Law Annotated

No abstract provided.


The Death Of Academic Support: Creating A Truly Integrated, Experiential, And Assessment Driven Academic Success And Bar Preparation Program, Adam Lamparello, Laura Dannebohm 2015 Indiana Tech Law School

The Death Of Academic Support: Creating A Truly Integrated, Experiential, And Assessment Driven Academic Success And Bar Preparation Program, Adam Lamparello, Laura Dannebohm

Adam Lamparello

For too long, academic support programs have been viewed as the unwanted stepchild of legal education. These programs have existed in the dark shadows of legal education, reserved for students deemed “at risk” for satisfactorily completing law school or successfully passing the bar examination, and focused on keeping students above the dreaded academic dismissal threshold. The time has arrived for the remedial – and stereotypical – character of academic support to meet its demise, and to be reborn as a program that helps all students to become better lawyers, not just better law students.

In this article, we propose a groundbreaking academic ...


The Codification Of Professionalism: Can You Sanction Lawyers Into Being Nice?, Debra Moss Curtis 2015 Nova Southeastern University

The Codification Of Professionalism: Can You Sanction Lawyers Into Being Nice?, Debra Moss Curtis

Debra Moss Curtis

On October 31, 2013, the Florida Supreme Court in The Florida Bar v. Norkin made it clear that “it wants the trend of escalating incivility among lawyers to stop.” With that decision, in which a lawyer was suspended and publicly reprimanded for his behavior, the court urged “Members of the Florida Bar, law professors, and law students should study” this case “as a glaring example of unprofessional behavior.” This article heeds the courts’ directive to do so, but also places it in the context of the movement to enhance professionalism statewide.

At the heart of the professionalism movement is a ...


International Trade V. Intellectual Property Lawyers: Globalization And The Brazilian Legal Profession, Vitor M. Dias 2015 Indiana University - Bloomington

International Trade V. Intellectual Property Lawyers: Globalization And The Brazilian Legal Profession, Vitor M. Dias

Vitor M. Dias

No abstract provided.


Shedding The Uniform: Beyond A "Uniform System Of Citation" To A More Efficient Fit, Susie Salmon 2015 The University of Arizona, James E. Rogers College of Law

Shedding The Uniform: Beyond A "Uniform System Of Citation" To A More Efficient Fit, Susie Salmon

Susie Salmon

This article brings a fresh perspective to the ongoing conversation about legal citation format: By highlighting the costs that the fetishization of "perfect" citation format imposes on legal education, the legal profession, and our system of justice, this article encourages us to seize the opportunity that technology presents to implement a more just, sane philosophy of legal citation. Tracing the history of legal citation from its origins in Rome, this article thoroughly debunks any notions of one citation manual's inherent superiority as a citation tool and instead suggests a return to first principles: an approach to citation that ensures ...


Conflicted Counselors: Retaliation Protections For Attorney-Whistleblowers In An Inconsistent Regulatory Regime, Jennifer M. Pacella 2015 Assistant Professor of Law, City University of New York, Baruch College, Zicklin School of Business

Conflicted Counselors: Retaliation Protections For Attorney-Whistleblowers In An Inconsistent Regulatory Regime, Jennifer M. Pacella

Jennifer M. Pacella, Esq.

Attorneys, especially in-house counsel, are subject to retaliation by employers in much the same way as traditional whistleblowers, often experiencing retaliation and loss of livelihood for reporting instances of wrongdoing about their clients. Although attorney-whistleblowing undoubtedly invokes ethical concerns, attorneys who “appear and practice” before the Securities and Exchange Commission (“SEC”) are required by federal law to act as internal whistleblowers under the Sarbanes-Oxley Act (“SOX”) and report evidence of material violations of the law within the organizations that they represent. An attorney’s failure to comply with these obligations will result in SEC-imposed civil penalties and disciplinary action. Recent ...


Legal Thinking, The Adversarial Process And Exonerating Innocent Defendants: A Socio-Legal View Of The Wrongful Conviction Process., Gary J. Kowaluk 2015 Cameron University

Legal Thinking, The Adversarial Process And Exonerating Innocent Defendants: A Socio-Legal View Of The Wrongful Conviction Process., Gary J. Kowaluk

Gary J Kowaluk

Little is as frustrating as advocating the release of an innocent defendant who has been wrongfully convicted. Surprisingly, most of the wrongfully convicted fail to overturn their cases through the courts, and rely on government officials and prosecutor’s to find other ways to release them from custody. Too often the wrongful conviction process leaves lawyers and judges arguing to legally support injustices in the face of a practical common sense indicating a defendant’s innocence. This paper is an attempt to understand the tendency of legal professionals to argue against remedying a wrongful conviction in favor of the continued ...


Meeting The Experiential Challenge: A Fee-Generating Law Clinic (With Harold J. Krent), Gary S. Laser 2015 Chicago-Kent College of Law

Meeting The Experiential Challenge: A Fee-Generating Law Clinic (With Harold J. Krent), Gary S. Laser

Gary S. Laser

No abstract provided.


Meeting The Experiential Challenge: A Fee-Generating Law Clinic (With Gary S. Laser), Harold J. Krent 2015 Illinois Institute of Technology

Meeting The Experiential Challenge: A Fee-Generating Law Clinic (With Gary S. Laser), Harold J. Krent

Harold J. Krent

No abstract provided.


The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan 2015 St. Mary's School of Law, Texas

The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan

Trevor J Calligan

No abstract provided.


Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal 2015 Charleston Law School

Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal

Nathan M. Crystal

The practice of law is increasingly becoming “delocalized.” Globalization and the use of technology are two important factors in this fundamental change in practice. Delocalization is affecting almost all areas of practice, including issues involving attorney-client privilege (ACP).

To some extent the choice-of-law rules governing ACP are also – like other fields of the law - being “delocalized,” but in our view only partially. This paper discusses six approaches to choice of law issues governing ACP that are being used by the courts. Aside from the traditional lex loci approach (which simply applies the law of the forum to the claim of ...


Lee’S Atticus Finch Represents A Will To Change, Mary Ellen Maatman 2015 Widener University School of Law

Lee’S Atticus Finch Represents A Will To Change, Mary Ellen Maatman

Mary Ellen Maatman

No abstract provided.


Newsroom: Lawyers Under The Nazis, Roger Williams University School of Law 2015 Roger Williams University

Newsroom: Lawyers Under The Nazis, Roger Williams University School Of Law

Life of the Law School (1993- )

Available @ http://law.rwu.edu/story/lawyers-under-nazis


The Zombie Lawyer Apocalypse, Peter H. Huang, Corie Rosen Felder 2015 Pepperdine University

The Zombie Lawyer Apocalypse, Peter H. Huang, Corie Rosen Felder

Pepperdine Law Review

This article uses a popular cultural framework to address the near-epidemic levels of depression, decision-making errors, and professional dissatisfaction that studies document are prevalent among many law students and lawyers today. Zombies present an apt metaphor for understanding and contextualizing the ills now common in the American legal and legal education systems. To explore that metaphor and its import, this article will first establish the contours of the zombie literature and will apply that literature to the existing state of legal education and legal practice — ultimately describing a state that we believe can only be termed “the Zombie Lawyer Apocalypse ...


Digital Commons powered by bepress