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Rollen Und Rollenverständnisse Im Transnationalen Privatrecht [Roles And Role Perceptions In Transnational Private Law], Ralf Michaels 2011 Duke Law School

Rollen Und Rollenverständnisse Im Transnationalen Privatrecht [Roles And Role Perceptions In Transnational Private Law], Ralf Michaels

Faculty Scholarship

Downloadable Document is in German

Summary

1. The private lawyer’s role is inseparably connected with the paradigms and doctrines of private law. This is so because the role played by private lawyers constitutes a large part of their understanding of the discipline. At the same time, the shared understanding of the discipline has necessary consequences for the roles played by lawyers in it.

2. Roles and role perceptions in private law are contingent upon space and time. The most important factor affecting private lawyers today is the growing detachment of private law from the state, through globalization, Europeanization, and ...


Happiness In Business Or Law, Peter H. Huang 2011 University of Colorado Law School

Happiness In Business Or Law, Peter H. Huang

Articles

This article provides a short introduction to recent happiness research and its applications to business or law that is organized as follows. Section I briefly considers: (1) troubling and not so troubling reservations about happiness research, and (2) how money and happiness are related. Section II concisely surveys two sets of applications of happiness research to business, namely: (1) workplace well-being and meaning, and (2) marketing. Section III succinctly reviews two categories of happiness research implications for law: (1) business regulation, and (2) law student and lawyer happiness.


The Illusory Right To Counsel, Eve Brensike Primus 2011 University of Michigan Law School

The Illusory Right To Counsel, Eve Brensike Primus

Articles

Imagine a woman wrongly accused of murdering her fianc6. She is arrested and charged with first-degree murder. If convicted, she faces a mandatory sentence of life without the possibility of parole. Her family scrapes together enough money to hire two attorneys to represent her at trial. There is no physical evidence connecting her to the murder, but the prosecution builds its case on circumstantial inferences. Her trial attorneys admit that they were so cocky and confident that she would be acquitted that they did not bother to investigate her case or file a single pre-trial motion. Rather, they waived the ...


Legal Reasoning And Scientific Reasoning, Phoebe C. Ellsworth 2011 University of Michigan Law School

Legal Reasoning And Scientific Reasoning, Phoebe C. Ellsworth

Articles

In my presentation for the 2010 Meador Lectures on Rationality, I chose to compare legal reasoning and scientific reasoning. Both law and science pride themselves on the rationality of their intellectual methods and believe that those methods are designed to analyze questions and reach the correct conclusions by means of reason, free from cognitive or emotional biases. Of course, both law and science often fall short of this ideal at all levels, from the decisions about individual legal cases or scientific studies to the acceptance of general theories. In many ways, the biases that mislead legal and scientific thinkers are ...


Zacharias’S Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. McMorrow 2011 Boston College Law School

Zacharias’S Prophecy: The Federalization Of Legal Ethics Through Legislative, Court, And Agency Regulation, Daniel R. Coquillette, Judith A. Mcmorrow

Boston College Law School Faculty Papers

In his 1994 seminal article on Federalizing Legal Ethics, Prof. Fred Zacharias examined the need for a national and uniform code of ethics for attorneys. Prof. Zacharias was correct that there has been increasing pressure to federalize legal ethics, but that process is occurring not through articulation of national norms but rather through decentralized contextualization of attorney conduct norms. Federal agencies that direct securities practice, immigration, tax, patent, labor and many other areas of federal practice are increasingly supplementing state regulations to specifically regulate the attorneys who appear before their agencies. Targeted substantive federal law and treaty obligations also increasingly ...


Toward The Study Of The Legislated Constitution, Robin West 2011 Georgetown University Law Center

Toward The Study Of The Legislated Constitution, Robin West

Georgetown Law Faculty Publications and Other Works

Law schools, both innovative and traditional, cutting edge and hidebound, demand and therefore teach tolerance, civil respect for those whose views and dreams differ from our own, a commitment to the equal dignity of all persons, an awareness of the individuality of each of us, and the challenges that those differences and that equality pose to the generalizing impulse in law. Likewise, law schools, virtually everywhere, convey or should convey a sensitivity to bare or naked human vulnerability, mortality, weakness, and need, and therefore a sense in students of the moral need of all of us for law’s protection ...


Clinical Professors' Professional Responsibility: Preparing Law Students To Embrace Pro Bono, Douglas L. Colbert 2011 University of Maryland School of Law

Clinical Professors' Professional Responsibility: Preparing Law Students To Embrace Pro Bono, Douglas L. Colbert

Faculty Scholarship

This article begins by examining the current crisis in the U.S. legal system where approximately three out of four low- and middle-income litigants are denied access to counsel's representation when faced with the loss of essential rights - -a home, child custody, liberty and deportation - - and where most lawyers decline to fulfill their ethical responsibility of pro bono service to those who cannot afford private counsel. The article traces the evolving ethical standards of a lawyer's professional responsibility that today views every attorney as a public citizen having a special responsibility to the quality of justice.

The author ...


The New Rules For Law Schools, Barbara S. Gontrum 2011 University of Maryland Francis King Carey School of Law Thurgood Marshall Law Library

The New Rules For Law Schools, Barbara S. Gontrum

Faculty Scholarship

No abstract provided.


Symposium - The Profession And The Academy: Addressing Major Changes In Law Practice - Introduction, 2011 University of Maryland Francis King Carey School of Law

Symposium - The Profession And The Academy: Addressing Major Changes In Law Practice - Introduction

Maryland Law Review

No abstract provided.


On Legal Education And Reform: One View Formed From Diverse Perspectives, Robert J. Rhee 2011 University of Maryland Francis King Carey School of Law

On Legal Education And Reform: One View Formed From Diverse Perspectives, Robert J. Rhee

Maryland Law Review

No abstract provided.


The Changing Cultures And Economics Of Large Law Firm Practice And Their Impact On Legal Education, Neil J. Dilloff 2011 University of Maryland Francis King Carey School of Law

The Changing Cultures And Economics Of Large Law Firm Practice And Their Impact On Legal Education, Neil J. Dilloff

Maryland Law Review

No abstract provided.


Profound “Nonchanges” In Small And Midsize Firms, Ward B. Coe III 2011 University of Maryland Francis King Carey School of Law

Profound “Nonchanges” In Small And Midsize Firms, Ward B. Coe Iii

Maryland Law Review

No abstract provided.


Three Generations Of U.S. Lawyers: Generalists, Specialists, Project Managers , William D. Henderson 2011 University of Maryland Francis King Carey School of Law

Three Generations Of U.S. Lawyers: Generalists, Specialists, Project Managers , William D. Henderson

Maryland Law Review

No abstract provided.


The Value Of “Thinking Like A Lawyer”, Michelle M. Harner 2011 University of Maryland Francis King Carey School of Law

The Value Of “Thinking Like A Lawyer”, Michelle M. Harner

Maryland Law Review

No abstract provided.


Challenging The Academy To A Dual (Perspective): The Need To Embrace Lawyering For Personal Legal Services, William Hornsby 2011 University of Maryland Francis King Carey School of Law

Challenging The Academy To A Dual (Perspective): The Need To Embrace Lawyering For Personal Legal Services, William Hornsby

Maryland Law Review

No abstract provided.


A Gaping Hole In American Legal Education, Michael Kelly 2011 University of Maryland Francis King Carey School of Law

A Gaping Hole In American Legal Education, Michael Kelly

Maryland Law Review

No abstract provided.


Back To The Future In Law Schools, William L. Reynolds 2011 University of Maryland Francis King Carey School of Law

Back To The Future In Law Schools, William L. Reynolds

Maryland Law Review

No abstract provided.


Learning To Be Lawyers: Professional Identity And The Law School Curriculum, Charlotte S. Alexander 2011 University of Maryland Francis King Carey School of Law

Learning To Be Lawyers: Professional Identity And The Law School Curriculum, Charlotte S. Alexander

Maryland Law Review

No abstract provided.


Equipping The Garage Guys In Law, Gillian K. Hadfield 2011 University of Maryland Francis King Carey School of Law

Equipping The Garage Guys In Law, Gillian K. Hadfield

Maryland Law Review

No abstract provided.


Should American Law Schools Continue To Graduate Lawyers Whom Clients Consider Worthless?, Clark D. Cunningham 2011 University of Maryland Francis King Carey School of Law

Should American Law Schools Continue To Graduate Lawyers Whom Clients Consider Worthless?, Clark D. Cunningham

Maryland Law Review

No abstract provided.


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