Mapping The World: Facts And Meaning In Adjudication And Mediation, 2010 University of Baltimore School of Law
Mapping The World: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
All Faculty Scholarship
This Article explores what is and what is not in adjudication and mediation, thus illuminating the profound differences between these two processes. The Article does this work in four parts. First, it offers an analysis of cognitive mapmaking and its inevitability in constructing meaning. It then explores how adjudication defines meaning in a particular way. This Article then conducts a comparable analysis of mediation. Finally, it focuses on the bridging function attorneys play between the worlds of mediation and adjudication.
Professor Morris Shanker, 2010 Case Western Reserve University School of Law
Professor Morris Shanker, Erik M. Jensen
Faculty Publications
Morry Shanker began teaching at the Western Reserve Law School shortly after the creation of the Western Reserve. In fact, had Moses Cleaveland not elbowed his way to the front of the boat in 1796, Professor Shanker would have been the first surveyor to step onto the banks of the Cuyahoga. If that had happened, the house band at Severance Hall might be known today as the Shanker Orchestra.
Aba Explains Prosecutor's Ethical Disclosure Duty, 2010 Case Western University School of Law
Aba Explains Prosecutor's Ethical Disclosure Duty, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
The ABA Standing Committee on Ethics and Professional Responsibility recently issued an advisory ethics opinion explaining that the ethical duty of the prosecutor under Model Rule 3.8(d) to disclose exculpatory evidence and information to the defendant is separate from, and more expansive than, the disclosure obligations under the Constitution. This column reviews the opinion and its implications for discovery in criminal cases.
Mental Disorders And The "System Of Judgmental Responsibility", 2010 University of Pennsylvania Carey Law School
Mental Disorders And The "System Of Judgmental Responsibility", Anita L. Allen
All Faculty Scholarship
No abstract provided.
Defense Counsel And Plea Bargain Perjury, 2010 Case Western University School of Law
Defense Counsel And Plea Bargain Perjury, Kevin C. Mcmunigal
Faculty Publications
No abstract provided.
Do Two Wrongs Protect A Prosecutor?, 2010 Case Western University School of Law
Do Two Wrongs Protect A Prosecutor?, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
May a former criminal defendant bring a civil rights action against a prosecutor who fabricated evidence during an investigation and then introduced that evidence against the defendant at trial? The Seventh and Second Circuits have divided in answering this question. On November 4, 29, the Supreme Court heard oral argument in an Eighth Circuit case raising this question, Pottawattamie County v. Harrington, 547 F.3d 922 (8th Cir. 28), cert. granted, 129 S. Ct. 22 (April 2, 29), and many expected the Court to resolve the circuit split later this term. But on January 4, 21, the Court dismissed the case …
Deceit In Defense Investigations, 2010 Case Western University School of Law
Deceit In Defense Investigations, Peter A. Joy, Kevin C. Mcmunigal
Faculty Publications
Prosecutors and police routinely employ misrepresentation and deceit in undercover investigations. In cases ranging from drug distribution, prostitution, and sexual misconduct with minors to organized crime and terrorism, police and those cooperating with police deceive suspects and their cohorts about their identities and their intentions in order to gain information to help uncover past crimes and thwart future crimes. Frequently, such deceit helps reveal the truth about what criminals do and think.
May defense lawyers and investigators working for them employ similar tactics? Or should prosecutors be the only lawyers allowed to direct and supervise investigatory deception? In recent years, …
Henry King, 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.
Volume 77 (2009-2010), 2010 University of Tennessee College of Law
A Review Of Richard A. Posner, How Judges Think (2008), 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 written 53 books, more …
A Time-Honored Model For The Profession And The Academy, 2010 University of Pennsylvania Carey Law School
A Time-Honored Model For The Profession And The Academy, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
A Dean's Perspective On Ed Baker, 2010 University of Pennsylvania Carey Law School
A Dean's Perspective On Ed Baker, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
A Wise Man Of The Law, 2010 Univ of Penn Law School
A Wise Man Of The Law, Anthony J. Scirica
All Faculty Scholarship
No abstract provided.
Quasi-Preemption: Nervous Breakdown In Our Constitutional System, 2010 University of Pennsylvania Carey Law School
Quasi-Preemption: Nervous Breakdown In Our Constitutional System, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
The Need For Prosecutorial Discretion, 2010 University of Pennsylvania Carey Law School
The Need For Prosecutorial Discretion, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Doing Good While Doing Deals: Early Lesson In Launching An International Transactions Clinic, 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 …
The Challenges Of Calculating The Benefits Of Providing Access To Legal Services, 2010 University of Michigan Law School
The Challenges Of Calculating The Benefits Of Providing Access To Legal Services, J. J. Prescott
Articles
In this invited essay, I explore how policymakers and other public-interested actors have empirically calculated the benefits of providing low-income access to civil legal services in the past, and how they might improve upon existing methods going forward. My argument proceeds in five parts. First, I briefly explain the optimal approach to allocating public funds from a welfare economics perspective. Second, I introduce the challenges of valuing “benefits” in the context of the public provision of legal services. Third, I summarize and critique existing attempts to quantify the benefits of and need for legal services funding. Specifically, I review, criticize, …
Soft-Core Perjury, 2010 University of Michigan Law School
Soft-Core Perjury, Leonard M. Niehoff
Articles
Despite its greater pervasiveness, however, soft-core perjury has generated considerably less discussion and debate than hard-core perjury has. There are reasons for this, but they are not good ones. Indeed, we might summarize the matter this way: Lawyers tend to dismiss the soft-core perjury problem because they do not see it as a problem. They do not see it as an ethical problem, and they do not see it as a practical problem. They are wrong on both counts.
The idea that soft-core perjury poses no ethical problem comes from the view that the lawyer's dilemma-or trilemma, if you will-arises …
Exporting Legal Education: Lessons Learned From Efforts In Transition Countries, 2010 University of Pittsburgh School of Law
Exporting Legal Education: Lessons Learned From Efforts In Transition Countries, Ronald A. Brand
Articles
A convergence of inward and outward-looking processes in US law schools creates both risk and potential reward in the development of legal education. As law faculties engage in the current process of changing the traditional law school curriculum, they should carefully coordinate a desire for internal goals with an understanding of external impact, realizing that this process is likely to affect not just US law schools, but legal education across the globe. Changes in the curriculum at US law schools should be responsive, not only to concerns about the legal marketplace in the United States, but also to the impact …
The Technology Of Law, 2010 University of Pittsburgh School of Law
The Technology Of Law, Bernard J. Hibbitts
Articles
This paper argues that contemporary fascination with the law of technology (IP, cyberlaw, etc.) has led us to overlook the fundamental impact of the "technology of law," and offers suggestions for creating "neterate" lawyers more comfortable with and cognizant of technology itself. The author describes how the legal news service JURIST implements many of these suggestions and provides a unique learning experience for its law student staffers.