Digital Commons Network^™

Peace Is Not The Absence Of Conflict: A Response To Professor Rogers' Article: "Fit And Function In Legal Ethics", Kirsten D. Weisenberger

ExpressO

This paper takes the theoretical model Professor Catherine Rogers developed in her article “Fit and Function in Legal Ethics: Developing a Code of Conduct for International Arbitration,” 23 MICH. J. INT’L L. 341 (2002) as the starting point for an original argument that conflicts of laws analysis should be used to determine which legal ethics rules should apply to lawyers practicing international arbitration. The argument is supported by the new ABA Model Rules of Professional Conduct rule on choice of law explicitly applies conflicts of laws analysis to lawyers practicing in the multijurisdictional settings. This paper analyses the new ABA …

Unconscionable Contracting For Indigent Defense: Using Contract Theory To Invalidate Conflict Of Interest Clauses In Fixed-Fee Contracts, Jacqueline Mcmurtie

University of Michigan Journal of Law Reform

Indigent defense remains in crisis and yet constitutional challenges to promote systemic change have met with mixed success. This Article explores the new strategy of applying contract theory and principles to challenge indigent defense contracts that violate the canons of professional responsibility. This Article begins by discussing the author's experience working on cases of indigent defendants whose convictions were overturned through the efforts of the Innocence Project Northwest. The erroneous convictions were facilitated by the indigent defense contract in place at the time of the convictions. Pursuant to this contract, the indigent defense contractor agreed to provide representation in all …

Transsystemia–Are We Approaching A New Langdellian Moment? Is Mcgill Leading The Way?, Peter L. Strauss

Journal of Legal Education

No abstract provided.

Saving Legal Education, Daniel J. Morrissey

Journal of Legal Education

No abstract provided.

Justice Will Prevail (With A Little Help From Her Friends): Pro Bono In Utah, Steven B. Scudder

Utah Law Review

The Utah State Bar wants more lawyers to work for free. The state's 7,000 lawyers are encouraged to perform fifty hours of free, or pro bono, work each year, but fewer than a third are reporting it when they annually renew licenses. "It's not discouraging, but it's not encouraging," said Brooke Bruno, the bar's pro bono coordinator. The state bar this fall will create a committee, the Utah Access to Justice Council, to study free legal work as well as other issues. "We want to better define the role of pro bono work," bar spokesman Toby Brown said. The American …

Vol. 4, No. 04 (May/June 2006)

Indiana Law Update

No abstract provided.

Clark Memorandum: Spring 2006, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• In Search of Atticus Finch (Lance B. Wickman)
• Reflections on the Lord's Legal Storehouse (Craig D. Galli)
• Lifting Others (Jon Huntsman, Sr.)

The Power Of Law Firm Partnership: Why Dominant Rainmakers Will Impede The Immediate, Widespread Implementation Of An Autocratic Management Structure, Matthew Scott Winings

ExpressO

Consultants and commentators have suggested that law firms would benefit from the implementation of effective business management practices. Specifically, a number of observers maintain that the partnership model by which virtually all law firms operate is outdated and inefficient. To alleviate this inefficiency, commentators claim that law firms could experience tremendous gains through the adoption of a corporate management model. Although the proposals advanced by observers differ slightly, the basic premise of the suggested solutions requires law firms to replace (or at least modify) their partnerships with a rational management structure in favor of a centralized leader who can best …

E-Lawyering, The Aba's Current Choice Of Ethics Law Rule & The Dormant Commerce Clause: Why The Dormant Commerce Clause Invalidates Model Rule 8.5(B)(2) When Applied To Internet Representations Of Clients , Michael W. Loudenslager

ExpressO

The Internet is becoming the primary manner in which some attorneys serve clients. States have already taken differing views on whether it is acceptable for an attorney to engage in electronic representations of clients. Thus, determining what jurisdiction’s law applies to such attorney conduct can be very important in deciding whether this activity constitutes the unauthorized practice of law, and, if not, the exact duties of an attorney in such representations.

This article argues that the current version of Model Rule of Professional Responsibility 8.5(b), which governs choice of ethics law, can be interpreted to apply the legal ethics rules …

The Political Economy Of Application Fees For Indigent Criminal Defense, Ronald F. Wright, Wayne A. Logan

William & Mary Law Review

No abstract provided.

Volume 30, Issue 1 (Spring 2006)

Transcript

No abstract provided.

Statement On The Functions And Future Of Appellate Lawyers, The American Academy Of Appellate Lawyers

The Journal of Appellate Practice and Process

No abstract provided.

The Old Order Changes, Shirley S. Abrahamson

The Journal of Appellate Practice and Process

No abstract provided.

Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver

Cardozo Journal of International and Comparative Law

This Article analyzes the role of U.S. law schools in educating foreign law graduates and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This Article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at thirty five U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the Article considers the responses of U.S. law schools to new competition …

Accurate Or Appalling: Representations Of Women Lawyers In Popular Culture, Laura Grosshans

Cardozo Public Law, Policy & Ethics Journal

The note explores the challenges and advancements faced by women in the legal profession through the characters of Amanda Bonner from Adam's Rib and Miranda Hobbes from Sex and the City. These characters, both successful female attorneys, illustrate the societal and professional obstacles women have encountered in the legal field during the latter half of the 20th century. The analysis highlights their struggles with sexism, work-life balance, and romantic relationships, while emphasizing the role of media representation in shaping public perceptions of women lawyers. The note argues that while progress has been made, achieving true equality in the legal …

Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

The Ethical Bar And The Lsc: Wrestling With Restrictions On Federally Funded Legal Services, Liza Q. Wirtz

Vanderbilt Law Review

In 1996, Congress passed a budget act containing the most restrictive set of legislative limitations on the Legal Services Corporation ("LSC")-the private, nonprofit organization responsible for administrating federal funding for and facilitating access to legal services for low-income people across the nation-in the tumultuous history of that entity. Designed to forestall advocacy and representation activities viewed as undesirable by those in political power, these restrictions mandated that those organizations to which the LSC awarded funds refrain from engaging in any of a wide variety of previously permissible actions (for example, assisting incarcerated persons in civil proceedings and encouraging other people …

The Advocate Vol. 11 No. 1

The Advocate

No abstract provided.

Legal Doubletalk And The Concern With Positional Conflicts: A "Foolish Consistency?", Helen A. Anderson

ExpressO

This article explores the question whether lawyers should be able to argue both sides of a legal issue is unrelated cases. Today the ABA and many state bar associations caution against so-called “positional conflicts,” analyzing them as potential conflicts of interest under a multi-factor test. This relatively recent concern misses the real potential for harm: it is precisely when a lawyer decides not to make a contradictory argument for one client in order not to offend or harm another client that an ethical problem is likely to be present. A positional conflict is therefore evidence that any pressure to modify …

Children's Voice And Justice: Lawyering For Children In The Twenty-First Century, Annette R. Appell

Nevada Law Journal

No abstract provided.

How Children's Lawyers Serve State Interests, Martin Guggenheim

Nevada Law Journal

No abstract provided.

Two Distinct Roles/Bright Line Test, Donald N. Duquette

Nevada Law Journal

No abstract provided.

Buzz In The Brain And Humility In The Heart: Doing It All, Without Doing Too Much, On Behalf Of Children, Erik Pitchal

Nevada Law Journal

No abstract provided.

Simon Says Take Three Steps Backwards: The National Conference Of Commissioners On Uniform State Laws Recommendations On Child Representation, Jane M. Spinak

Nevada Law Journal

No abstract provided.

Recommendations Of The 1995 Fordham Conference On Ethical Issues In The Legal Representation Of Children, Fordham Conference On Ethical Issues In The Legal Representation Of Children

Nevada Law Journal

No abstract provided.

An Alternative To The Contingent Fee? An Assessment Of The Incentive Effects Of The English Conditional Fee Arrangement, Peter Melamed

Cardozo Law Review

No abstract provided.

Legal Doubletalk And The Concern With Positional Conflicts: A “Foolish Consistency”?, Helen A. Anderson

ExpressO

This article explores the question whether lawyers should be able to argue both sides of a legal issue is unrelated cases. Today the ABA and many state bar associations caution against so-called “positional conflicts,” analyzing them as potential conflicts of interest under a multi-factor test. This relatively recent concern misses the real potential for harm: it is precisely when a lawyer decides not to make a contradictory argument for one client in order not to offend or harm another client that an ethical problem is likely to be present. A positional conflict is therefore evidence that any pressure to modify …

Legal Market Liberalization In South Korea: Preparations For Change, Hyung Tae Kim

Washington International Law Journal

South Korea’s World Trade Organization membership requires the “Land of the Morning Calm” to liberalize its legal market. South Korea submitted its proposal for liberalization in the spring of 2003 and planned to begin opening its legal market in 2005. However, disagreements between South Korea and other World Trade Organization members over the scope of liberalization have led to a one-year negotiation period extension, pushing back the planned market opening to early 2007. The Korean Bar Association has strongly opposed liberalization, claiming that liberalization will lead to the foreign domination of South Korea’s legal market. On the other hand, most …

What's In A Name?: Cause Lawyers As Conceptual Category, Corey S. Shdaimah

ExpressO

Stuart Scheingold's and Austin Sarat's "Something to Believe In: Politics, Professionalism, and Cause Lawyering," (Stanford University Press, December 2004) draws on a decade of empirical and theoretical work on cause lawyering. Scheingold’s and Sarat’s law and society scholarship contributes to our knowledge of lawyering, the law, work with clients and social movements, and the interplay between what Ewick and Silbey have called "legality" and the social world. Their cross-disciplinary work makes a significant contribution to the social sciences as well as to the field of legal studies. This review examines the utility of cause lawyering as a concept that contributes …

The Rationality Of Law Students' Career Choices, Aaron Haas

Richmond Journal of Law and the Public Interest

Two of the major problems confronting the legal profession today are increasing rates of job dissatisfaction and the persistent problem of encouraging lawyers to work in public interest settings. These two problems are actually connected in an important way. Researchers have found that lawyers earning the highest salaries, typically in large law firms, are also the most dissatisfied with their profession, while lawyers working for government agencies, public interest organizations, and educational institutions are among the most satisfied. In other words, encouraging more law students to enter public service law could address both the problem of unhappiness in the profession …