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7,365 full-text articles. Page 155 of 157.

A Time-Honored Model For The Profession And The Academy, Michael A. Fitts 2010 University of Pennsylvania Law School

A Time-Honored Model For The Profession And The Academy, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.


Comments: "Simplification" Is Not Enough: An Analysis Of The Home Office Tax Deduction And The Home Office Simplification Act Of 2009, Lauren Marini 2010 University of Baltimore School of Law

Comments: "Simplification" Is Not Enough: An Analysis Of The Home Office Tax Deduction And The Home Office Simplification Act Of 2009, Lauren Marini

University of Baltimore Law Review

No abstract provided.


Leaks, Lies, And The Moonlight: Fiduciary Duties Of Associates To Their Law Firms, Susan Saab Fortney 2010 Texas A&M University School of Law

Leaks, Lies, And The Moonlight: Fiduciary Duties Of Associates To Their Law Firms, Susan Saab Fortney

Faculty Scholarship

This symposium article examines the fiduciary duties of law firm associates. After applying agency principles to the firm-associate relationship, the article analyzes specific duties and discusses cases involving alleged breaches of fiduciary duties by associates. It explores associate duties in the current legal, organizational, and socio-technological environment in which associates practice. The article closes with observations on the importance of firm principals considering the effect of firm culture on associate attitudes and conduct.


Mindfulness, Emotions, And Mental Models: Theory That Leads To More Effective Dispute Resolution, Peter Reilly 2010 Texas A&M University School of Law

Mindfulness, Emotions, And Mental Models: Theory That Leads To More Effective Dispute Resolution, Peter Reilly

Faculty Scholarship

At the core of nearly all great negotiators, mediators, lawyers, and leaders is a person who has learned to connect with other people, that is, to build relationships of trust, cooperation, and collaboration. This Article argues that when people learn a sense of "self" and "other" through both theoretical and practical knowledge and understanding of mindfulness and human emotion, connections with others are more likely to be made, and important relationships are more likely to be built.

My goal, then, is to begin thinking about how one might bring mindfulness and emotions from the “mind level” to what human relations ...


A Review Of Richard A. Posner, How Judges Think (2008), Jeffrey S. Sutton 2010 United States Court of Appeals for the Sixth Circuit

A Review Of Richard A. Posner, How Judges Think (2008), Jeffrey S. Sutton

Michigan Law Review

I was eager to enter the judiciary. I liked the title: federal judge. I liked the job security: life tenure. And I could tolerate the pay: the same as Richard Posner's. That, indeed, may have been the most flattering part of the opportunity-that I could hold the same title and have the same pay grade as one of America's most stunning legal minds. Don't think I didn't mention it when I had the chance. There is so much to admire about Judge Posner-his lively pen, his curiosity, his energy, his apparent understanding of: everything. He has ...


The Future Of Inadvertent Disclosure: The Lingering Need To Revise Professional Conduct Rules, Paula Schaefer 2010 University of Maryland Francis King Carey School of Law

The Future Of Inadvertent Disclosure: The Lingering Need To Revise Professional Conduct Rules, Paula Schaefer

Maryland Law Review

No abstract provided.


The (Lack Of) Enforcement Of Prosecutor Disclosure Rules, Kevin C. McMunigal 2010 Case Western Reserve University School of Law

The (Lack Of) Enforcement Of Prosecutor Disclosure Rules, Kevin C. Mcmunigal

Faculty Publications

In this Article, I assess the apparent prospects for increased disciplinary enforcement of state ethics rules based on Rule 3.8(d) of the American Bar Association's (“ABA”) Model Rules of Professional Conduct that mandates prosecutorial disclosure of exculpatory information. In particular, I focus on whether it makes sense to view recent ABA Formal Opinion 09-454, in which the ABA gave an expansive reading to Model Rule 3.8(d), as the bellwether of an era of increased enforcement of ethical disclosure rules for prosecutors.


Henry King, Erik M. Jensen 2010 Case Western Reserve University School of Law

Henry King, Erik M. Jensen

Faculty Publications

Henry King and I both began at Case Western Reserve in 1983, memorialized in an issue of In Brief, the law school magazine, that has a cover photo showing total devastation. It looks like the aftermath of a faculty meeting, but the picture is really of bombed-out Nuremberg, of course.


The Uniform Bar Examination: A Benefit To Law School Graduates, Veryl Victoria Miles 2010 The Catholic University of America, Columbus School of Law

The Uniform Bar Examination: A Benefit To Law School Graduates, Veryl Victoria Miles

Scholarly Articles and Other Contributions

No abstract provided.


Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri 2010 University of Miami School of Law

Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri

Articles

No abstract provided.


Collaborative Lawyers' Duties To Screen The Appropriateness Of Collaborative Law And Obtain Clients' Informed Consent To Use Collaborative Law, John M. Lande, Forrest Steven Mosten 2010 University of Missouri School of Law

Collaborative Lawyers' Duties To Screen The Appropriateness Of Collaborative Law And Obtain Clients' Informed Consent To Use Collaborative Law, John M. Lande, Forrest Steven Mosten

Faculty Publications

Collaborative Law (CL) is an innovative dispute resolution process that offers significant benefits but also poses significant non-obvious risks. This Article provides a systematic analysis of these possible risks as identified in books written by CL experts, CL practice group websites, social science research, and bar association ethics opinions. In CL, the lawyers and clients sign a "participation agreement" promising to use an interest-based approach to negotiation and fully disclose all relevant information. A key element of CL is the "disqualification agreement" signed by parties (and sometimes by attorneys) which provides that both CL lawyers would be disqualified from representing ...


Doctorado Académico En Derecho, ¿Un Vehículo Para Los Transplantes Jurídicos?, Gail J. Hupper 2010 Boston College Law School

Doctorado Académico En Derecho, ¿Un Vehículo Para Los Transplantes Jurídicos?, Gail J. Hupper

Boston College Law School Faculty Papers

No abstract provided.


Legal Ethics, Torture, And The “Task Of The Good Lawyer:” Mukasey Agonistes, Daniel Kanstroom 2010 Boston College Law School

Legal Ethics, Torture, And The “Task Of The Good Lawyer:” Mukasey Agonistes, Daniel Kanstroom

Boston College Law School Faculty Papers

Following September 11, 2001, there was a challenge to the role of law as a regulator of military action and executive power. Government lawyers produced legal interpretations designed to authorize, legitimize, and facilitate interrogation tactics widely considered to be illegal. This raises a fundamental question: how should law respond to such flawed interpretation and its consequences, even if the ends might have seemed necessary or just? This Symposium examines deep tensions between competing visions of the rule of law and the role of lawyers. Spurred by a controversy over the selection of then-Attorney General Michael Mukasey as commencement speaker, the ...


Can Compassionate Practice Also Be Good Legal Practice?: Answers From The Lives Of Buddhist Lawyers, Deborah J. Cantrell 2010 University of Colorado Law School

Can Compassionate Practice Also Be Good Legal Practice?: Answers From The Lives Of Buddhist Lawyers, Deborah J. Cantrell

Articles

What does it mean to say that one is a "good lawyer" in the United States? The dominant view is that a lawyer is a zealous advocate owing loyalty to, and taking direction from, the client. The lawyer is singularly focused and hyper-rationality is prized. This article challenges that narrative. Using the real lives of a group of lawyers across the United States, this article offers rich and nuanced descriptive data about the possibilities of "good lawyering" through compassion, equanimity, and an expanded notion of honesty. This article contributes importantly to the debate about what it means to be a ...


What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver 2010 Indiana University Maurer School of Law

What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver

Articles by Maurer Faculty

No abstract provided.


Taxes And Death: The Rise And Demise Of An American Law Firm, Milton C. Regan 2010 Georgetown University Law Center

Taxes And Death: The Rise And Demise Of An American Law Firm, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

Misconduct by lawyers in law firms is often attributed to pressures from increasing competition for legal services. Modern firms do face fierce competitive pressures. We can gain more subtle insights, however, by focusing on the specific markets in which particular firms operate and the ways in which forms of influence in law firms interact with common patterns of behavior in organizations.

This paper, a chapter in the collection Law Firms, Legal Culture, and Legal Practice, draws on this type of analytical framework to provide a case study of the experience of Jenkens & Gilchrist, a national law firm that had to ...


Special Introduction: October 2010, Lauren K. Robel 2010 Indiana University Maurer School of Law

Special Introduction: October 2010, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.


Anger, Irony, And The Formal Rationality Of Professionalism, Ajay K. Mehrotra 2010 Indiana University Maurer School of Law

Anger, Irony, And The Formal Rationality Of Professionalism, Ajay K. Mehrotra

Articles by Maurer Faculty

No abstract provided.


Doing Good While Doing Deals: Early Lesson In Launching An International Transactions Clinic, Deborah Burand 2010 Unviersity of Michigan Law School

Doing Good While Doing Deals: Early Lesson In Launching An International Transactions Clinic, Deborah Burand

Articles

That is not to say that the launch of this clinic was easy. Four of the most challenging issues the ITC faced in its first year of operation were: 1) developing a client pool, 2) defining client projects so as to be appropriate to student clinicians’ skill levels and capacity, 3) making use of efficient and inexpensive technology to foster international communication with clients and transaction management, and 4) tapping supervisory attorney talent capable of supporting student clinicians in their international transactional work. The first two issues were the biggest challenges that we faced in launching the ITC and so ...


Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge 2010 Texas A&M University School of Law

Who Wants To Be A Muggle? The Diminished Legitimacy Of Law As Magic, Mark Edwin Burge

Faculty Scholarship

In the Harry Potter world, the magical population lives among the non-magical Muggle population, but we Muggles are largely unaware of them. This secrecy is by elaborate design and is necessitated by centuries-old hostility to wizards by the non-magical majority. The reasons behind this hostility, when combined with the similarities between Harry Potter-stylemagic and American law, make Rowling’s novels into a cautionary tale for the legal profession that it not treat law as a magic unknowable to non-lawyers. Comprehensibility — as a self-contained, normative value in the enactment interpretation, and practice of law — is given short-shrift by the legal profession ...


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