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Articles 1261 - 1290 of 2920
Full-Text Articles in Entire DC Network
The Training, Appointment, And Supervision Of Islamic Lawyers In The Federal Territories Of Malaysia, Amanda Whiting
The Training, Appointment, And Supervision Of Islamic Lawyers In The Federal Territories Of Malaysia, Amanda Whiting
Washington International Law Journal
Although much has been written about the place of Islam, as law and as religion, in Malaysia, considerably less attention has been paid to Islamic lawyers (“peguam syarie”). This article undertakes a preliminary examination of a topic that demands closer scrutiny, relying chiefly upon parliamentary acts, state enactments and the rules made pursuant to them, as well as in-depth oral history interviews with Islamic and secular lawyers that were recorded from May through August 2010. It describes the training and practice of Islamic lawyers in one jurisdiction of the federation of Malaysia—the Federal Territories of Kuala Lumpur, Putrajaya …
The Training, Appointment, And Supervision Of Islamic Lawyers In Indonesia, Ratno Lukito
The Training, Appointment, And Supervision Of Islamic Lawyers In Indonesia, Ratno Lukito
Washington International Law Journal
Lawyers who practice before Islamic courts play a crucial role in framing and presenting the issues for decision and in mediating between the courts that apply Islamic law and the public who have recourse to the state’s official Islamic legal institutions, but research on the professional training and governance of these lawyers is almost entirely lacking at present. This article offers a descriptive overview of the training, work, and professional regulation of Islamic lawyers in contemporary Indonesia. This material is presented in a clear format, structured to highlight key aspects of how these lawyers are trained, accredited, and organized. In …
The Training, Appointment, And Supervision Of Islamic Lawyers In Singapore, Nik Hasyila Bte Nik Ibrahim
The Training, Appointment, And Supervision Of Islamic Lawyers In Singapore, Nik Hasyila Bte Nik Ibrahim
Washington International Law Journal
This article provides a snapshot of the administration of Muslim law as practiced in Singapore through the prism of the legal profession. In particular, it provides a brief background on the role of the legal profession in the administration of justice at the Syariah Court of Singapore. While it is beyond the scope of this paper to urge for institutional and legal reform, the paper nonetheless highlights the absence of a dedicated and specialized training program that can aid lawyers to be familiar with Muslim law and jurisprudence and provide better representation to their clients at the Syariah Court.
Plagiarism In Lawyers' Advocacy: Imposing Discipline For Conduct Prejudicial To The Administration Of Justice, Douglas E. Abrams
Plagiarism In Lawyers' Advocacy: Imposing Discipline For Conduct Prejudicial To The Administration Of Justice, Douglas E. Abrams
Faculty Publications
In a recent high-profile prosecution, the federal district court criticized defense counsel for filing a post-trial brief that copied passages from previously published material without attribution. The court followed other recent decisions that, since about 2000, have chastised lawyers for briefs marked by plagiarism. Some lawyers had copied passages from earlier judicial opinions that rest in the public domain, and some lawyers (as in the recent prosecution) had copied passages from private sources that are subject to the copyright laws. In either event, courts have labeled lawyers’ plagiarism “reprehensible,” “intolerable,” “completely unacceptable,” and “unprofessional.”
Race To The Finish Line: Legal Education, Jobs, And The Stuff Dreams Are Made Of, Gary A. Munneke
Race To The Finish Line: Legal Education, Jobs, And The Stuff Dreams Are Made Of, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
It is true that the recession of 2008–2009 seriously undermined the job market for both new and experienced lawyers. It is also true that legal education is expensive, and many students pay for it through loans that have to be repaid after graduation. And it is well documented that some law schools misstated employment and other statistics in the tight, competitive job market of recent years. But connecting the dots in this case does not lead to a conclusion that our system of legal education is bankrupt or that law school is not an excellent career choice for many students. …
Professional Identity As Advocacy, Robert Rubinson
Professional Identity As Advocacy, Robert Rubinson
All Faculty Scholarship
The legal profession adheres to a story of a unified profession. Nevertheless, the profession has distinct professional sub-groups which repeatedly represent clients with interests adverse to those represented by attorneys who identify with other sub-groups. The idea of "professional identity as advocacy" describes how such professional sub-groups accuse opposing subgroups of greed, self-aggrandizement, or worse. This is most notable in two areas: personal injury litigation and criminal cases. This process has two seemingly contradictory consequences. First, it renders narrow areas extraordinarily visible, thus defining popular discourse and conceptions about lawyers and law. Second, it masks vast areas of litigation and …
Whose Ethics? The Benchmark Problem In Legal Ethics Research, Elizabeth Chambliss
Whose Ethics? The Benchmark Problem In Legal Ethics Research, Elizabeth Chambliss
Faculty Publications
How should we interpret differences between junior and senior lawyers’ perceptions of ethicality in the workplace? One theory holds that junior lawyers are more reliable informants; that their perceptions are not yet corrupted by self-interest and the demands of practice and therefore will tend to be closer to universal or ordinary morality. This is the predominant theory in the academic literature on large law firms, which tends to portray large law firms as being in perpetual moral decline. To some extent, this corruption narrative informs all critical legal ethics research.
An alternative theory holds that junior lawyers are inexperienced and/or …
Externship Demographics Across Two Decades With Lessons For Future Surveys, J.P. "Sandy" Ogilvy, Sudeb Basu
Externship Demographics Across Two Decades With Lessons For Future Surveys, J.P. "Sandy" Ogilvy, Sudeb Basu
Scholarly Articles
Sudeb Basu (J.D., Catholic University, 2011) and Professor J.P. “Sandy” Ogilvy (Catholic University) report on the results of a 2007-2009 national survey of externship programs at American law schools and compare many of the data points to previous surveys of externship programs, the 2007-2008 CSALE survey, and some ABA/LSAC data, to chart the growth and increasing sophistication and complexity of the pedagogy associated with legal externships. Some of the data discussed include limits on the number of externship credits or externship courses, student involvement in externships, the distribution of credits awarded for externship courses, the average number of hours of …
The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen
The Framing Effects Of Professionalism: Is There A Lawyer Cast Of Mind? Lessons From Compliance Programs, Robert Eli Rosen, Christine E. Parker, Viveke Lehmann Nielsen
Articles
Professionals working inside companies may bring with them frames of mind set by their professional experience and socialization. Lawyers, in particular, are said to "think like a lawyer"-to have a lawyer cast of mind. In seeking power within a company and in exercising the power that they obtain, professionals may draw on their professional background to frame, name, diagnose, and prescribe a remedy for the company's problems. In making decisions about their compliance with the law, companies are constrained not only by their environment, but also by their agents' understanding of whose (or what) interests the company should serve. In …
Fifty Years Of Family Law Practice The Evolving Role Of The Family Law Attorney, Barbara Glesner Fines
Fifty Years Of Family Law Practice The Evolving Role Of The Family Law Attorney, Barbara Glesner Fines
Faculty Works
No abstract provided.
Sisters In Law: Black Women Lawyers' Struggle For Advancement, Carla Pratt
Sisters In Law: Black Women Lawyers' Struggle For Advancement, Carla Pratt
Faculty Articles
While the presence of women in law school and the legal profession has improved greatly, the uncomfortable reality is that women tend to occupy positions in the legal profession that subordinate them to men. This reality is even more glaring when the position of black women is examined. Black women carry the burden of multiple consciousness which influences every aspect of their professional lives. Multiple consciousness means that black women must be mindful of their professional identity, their gender and their race in navigating the pipeline to power. This paper will explore the multiple consciousness that intersecting identities invoke and …
Lawyers, Not Widgets: Why Private-Sector Attorneys Must Unionize To Save The Legal Profession, Melissa Mortazavi
Lawyers, Not Widgets: Why Private-Sector Attorneys Must Unionize To Save The Legal Profession, Melissa Mortazavi
Faculty Articles
No abstract provided.
Valuing Small Firm And Solo Law Practice: Models For Expanding Service To Middle-Income Clients, Ann Juergens
Valuing Small Firm And Solo Law Practice: Models For Expanding Service To Middle-Income Clients, Ann Juergens
Faculty Scholarship
While the profession focuses on ways to meet the critical legal needs of low-income citizens, the needs of the middle group are largely left for the market to fill. The painful fact is that the market has failed to distribute lawyer services to a majority of Americans with legal needs. Ironically, the legal needs of middle-income Americans have risen with the economic crisis even as unemployment among new lawyers has increased. A large supply of trained lawyers without work theoretically should translate into lower costs and more legal needs being met. Yet the cost of legal services has continued to …
Abandoning An "Unethical" System Of Legal Ethics, David R. Barnhizer
Abandoning An "Unethical" System Of Legal Ethics, David R. Barnhizer
Law Faculty Articles and Essays
It is time to abandon the pretense of "legal ethics" as an independent lawyer-run system and to design a civil liability system in which lawyers can be held accountable to wronged clients at reasonable costs with ready access and fair modes of proof. To the extent that the system of ethics actually caused lawyers to act "ethically" (which is a major and largely unsupportable supposition), the competitive dynamics of the legal profession, coupled with the significant decline in values, honesty, and accountability in American society, have rendered even that historically suspect system illegitimate. This does not mean that there are …
Do Not Go Gentle: Using Emeritus Pro Bono Attorneys To Achieve The Promise Of Justice, Kelly S. Terry
Do Not Go Gentle: Using Emeritus Pro Bono Attorneys To Achieve The Promise Of Justice, Kelly S. Terry
Law Faculty Scholarship
No abstract provided.
Law School Of The Future: Centre Of Cutting-Edge Practice?, Clark Cunningham
Law School Of The Future: Centre Of Cutting-Edge Practice?, Clark Cunningham
Faculty Publications By Year
No abstract provided.
Gaining From The System: Lessons From The Law School Survey Of Student Engagement About Student Development In Law School, Carole Silver, Louis Rocconi, Heather Haeger, Lindsay Watkins
Gaining From The System: Lessons From The Law School Survey Of Student Engagement About Student Development In Law School, Carole Silver, Louis Rocconi, Heather Haeger, Lindsay Watkins
Articles by Maurer Faculty
This paper considers the factors that influence law students' assessment of their professional and academic development during law school. It uses responses of 5,612 third- and fourth-year law students to the Law School Survey of Student Engagement to identify student activities and behaviors that relate to professional and academic gains; individual and law school characteristics also are examined. Four aspects of the law school experience emerge as integral parts of students' professional and academic development.
Access To Justice And The Ethics And Politics Of Alternative Business Structures, Richard Devlin, Ora Morison
Access To Justice And The Ethics And Politics Of Alternative Business Structures, Richard Devlin, Ora Morison
Articles, Book Chapters, & Popular Press
Despite ongoing concern about access to justice in Canada, the problem persists. Meanwhile, the basic model for legal practice in Canada is the same as when the profession first emerged centuries ago in England. Only lawyers can own and control legal practices. This is not the case in other common law jurisdictions where rules have evolved to allow nonlawyers to own the companies that provide legal services. Based on a comparative analysis of the development of these alternative business structures (ABSs) in Australia and the United Kingdom, and the nondevelopment of ABSs in the United States, the authors argue that …
A Jurisprudence Of Insurgency: Lawyers As Companions Of Unimagined Change, Michael E. Tigar
A Jurisprudence Of Insurgency: Lawyers As Companions Of Unimagined Change, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Adopting Regulatory Objectives For The Legal Profession, Laurel Terry, Steve Mark, Tahlia Gordon
Adopting Regulatory Objectives For The Legal Profession, Laurel Terry, Steve Mark, Tahlia Gordon
Faculty Scholarly Works
In 2007, the United Kingdom adopted a new law called the Legal Services Act. This Act radically changed certain aspects of U.K. lawyer regulation. Section 1 of that Act identified eight “regulatory objectives” that provide the basis for the regulation of the legal profession. The United Kingdom is not the only jurisdiction that has identified regulatory objectives. Most Canadian provinces, for example, have provisions that are tantamount to regulatory objectives. Australia routinely used “purpose statements” when enacting legal profession regulation and was in the process of developing regulatory objectives at the time this article was written. Despite these examples, however, …
Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel Terry, Steve Mark, Tahlia Gordon
Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel Terry, Steve Mark, Tahlia Gordon
Faculty Scholarly Works
Globalization and technology have changed the practice of law in dramatic ways. This is true not only in the United States, but around the world. In this article, author Laurel Terry, along with Australian regulators Steve Mark and Tahlia Gordon, documented some of these global trends in lawyer regulation. Their article concluded that regulators face issues in common regarding “who” is regulated, “what” or whom is regulated, “when” regulation occurs, “where” regulation occurs, “how” it occurs, and “why” regulation occurs. This article uses this who-what-when-where-why-and-how framework to discuss events around the world. These developments include the 2007 UK Legal Services …
Introduction: Lawyers As Conservators?, Joan W. Howarth
Introduction: Lawyers As Conservators?, Joan W. Howarth
Scholarly Works
This Symposium reminds us of our most important work, to protect legal institutions and the rule of law, and asks this most provocative question: Will 21st Century Business, Regulatory, and Educational Challenges Destroy the Lawyer's Role As Guardian of Legal Institutions and the Rule of Law?To some Symposium participants, the question posed is too dystopian. Is survival of the rule of law really at stake? For others, the Symposium question suggests a prior, even darker one: How can we conserve what is already lost? How, indeed, will we conserve legal institutions and the role of law? Are we, as lawyers, …
"Legal Ethics In The Digital Age", Susan David Demaine
"Legal Ethics In The Digital Age", Susan David Demaine
Books & Book Chapters by Maurer Faculty
Includes the chapter "Legal Ethics in the Digital Age" by Prof. Susan David deMaine.
Clinicians, Practitioners, And Scribes: Drafting Client Work Product In A Small Business Clinic, Robert R. Statchen
Clinicians, Practitioners, And Scribes: Drafting Client Work Product In A Small Business Clinic, Robert R. Statchen
NYLS Law Review
No abstract provided.
Affiliations: Foreign Law Firms’ Path Into India, Christine Garg
Affiliations: Foreign Law Firms’ Path Into India, Christine Garg
NYLS Law Review
No abstract provided.
No Laughing Matter: The Intersection Of Legal Malpractice And Professionalism, Nicola A. Boothe-Perry
No Laughing Matter: The Intersection Of Legal Malpractice And Professionalism, Nicola A. Boothe-Perry
Journal Publications
In an effort to increase professionalism among lawyers, an analysis of the relationship between lawyers' professional behavior and legal malpractice claims is warranted. This Article will explore that relationship, and address the need to fuse the two components in an effort to enhance professionalism. The Article will specifically seek to address the questions: (1) Should professionalism be admissible, or even conclusive, evidence of the standard of care of the "reasonable attorney" in legal malpractice cases? and (2) Will a proper definition of the "reasonable attorney" in the context of legal malpractice cases encourage and ultimately enhance professionalism in legal society?
What We Are Learning, Stephen Ellmann
Law Schools And The Changing Face Of Practice, Peter Toll Hoffman
Law Schools And The Changing Face Of Practice, Peter Toll Hoffman
NYLS Law Review
No abstract provided.
Epistemology And Ethics In Relationship-Centered Legal Education And Practice, Susan L. Brooks, Robert G. Madden
Epistemology And Ethics In Relationship-Centered Legal Education And Practice, Susan L. Brooks, Robert G. Madden
NYLS Law Review
No abstract provided.