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How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle Jan 2003

How Should We Theorize Class Interests In Thinking About Professional Regulation: The Early Naacp As A Case Example, Susan Carle

Scholarly Articles in Law Reviews & Journals

INTRODUCTION The Editors of the Cornell Journal of Law and Public Policy have specifically requested that I address in this essay some research I finished quite a while ago, but to which I hope to return in the near future, concerning the history of the first national legal committee of the National Association for the Advancement of Colored People (NAACP). (1) Therefore, I plan to raise a big picture question left unanswered by that earlier research here: how should we understand lawyers' class interests in relation to their involvement in the development of legal ethics rules concerning public interest law …


Who Needs The Bar?: Professionalism Without Monopoly, William H. Simon Jan 2003

Who Needs The Bar?: Professionalism Without Monopoly, William H. Simon

Faculty Scholarship

Professionalism has an idealistic dimension and an institutional one. The idealistic dimension is the notion of voluntary commitment to both client interests and public values. The institutional dimension is the ideal of self-regulation by the bar.

The idealistic dimension remains powerful. However disappointed we are by the distance between the profession's ideals and its members' practices, these ideals continue to inspire valuable efforts. Various professional organizations are making admirable contributions through pro bono representation of disadvantaged people, public education, and disinterested law reform efforts in a range of areas, such as litigation procedure, prisons, and judicial selection. Moreover, the bar's …


Broadening Scholarship: Embracing Law Reform And Justice, Douglas L. Colbert Dec 2002

Broadening Scholarship: Embracing Law Reform And Justice, Douglas L. Colbert

Journal of Legal Education

No abstract provided.


Foreword: Out-Of-The-Box Dialogs, John B. Attanasio Dec 2002

Foreword: Out-Of-The-Box Dialogs, John B. Attanasio

Journal of Legal Education

No abstract provided.


The Structure Of Legal Education And The Legal Profession, Multidisciplinary Practice, Competition, And Globalization, Mary C. Daly Dec 2002

The Structure Of Legal Education And The Legal Profession, Multidisciplinary Practice, Competition, And Globalization, Mary C. Daly

Journal of Legal Education

No abstract provided.


Clark Memorandum: Fall 2002, J. Reuben Clark Law Society, J. Reuben Clark Law School Nov 2002

Clark Memorandum: Fall 2002, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Unmeasured Factors Of Success, John K. Carmack Oct 2002

Unmeasured Factors Of Success, John K. Carmack

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on March 10, 1996.


Satisfaction In The Law, David G. Campbell Oct 2002

Satisfaction In The Law, David G. Campbell

Vol. 1: Answering God's Interrogatories

This address was given at the BYU Law School awards ceremony on March 25, 1993.


The Study And Practice Of The Laws Of Men In Light Of The Laws Of God, James E. Faust Oct 2002

The Study And Practice Of The Laws Of Men In Light Of The Laws Of God, James E. Faust

Vol. 1: Answering God's Interrogatories

This fireside address was given at the BYU Law School on November 22, 1987.


Appellate Malpractice, Steven Wisotsky Oct 2002

Appellate Malpractice, Steven Wisotsky

The Journal of Appellate Practice and Process

No abstract provided.


Breach Of Contract?: The New Economy, Access To Justice And The Ethical Responsibilities Of The Legal Profession, Richard Devlin Oct 2002

Breach Of Contract?: The New Economy, Access To Justice And The Ethical Responsibilities Of The Legal Profession, Richard Devlin

Dalhousie Law Journal

In the last several years, there has been a growing awareness within the legal profession that access to justice, that is, to legal advice and representation, is becoming increasingly difficult. Nowhere is this more obvious than in the cuts to legal aid programmes. The author argues that the response of the legal profession is inadequate because it remains trapped in a welfarist paradigm of legal aid that is insensitive to the impact of the new economy and the newly emergent social investment state. The author explores the possibility of an alternative response - the adoption of a mandatory pro bono …


Society Of American Law Teachers Statement On The Bar Exam, Andrea Curcio, Eileen Kaufman, Margalynne Armstrong, Carol Chomsky, Robert Dinerstein, Phoebe Haddon, Joan Howarth, Beverly Moran, Natsu Saito, Michael M. Rooke-Ley, Paula C. Johnson Sep 2002

Society Of American Law Teachers Statement On The Bar Exam, Andrea Curcio, Eileen Kaufman, Margalynne Armstrong, Carol Chomsky, Robert Dinerstein, Phoebe Haddon, Joan Howarth, Beverly Moran, Natsu Saito, Michael M. Rooke-Ley, Paula C. Johnson

Journal of Legal Education

No abstract provided.


Desegregating The Law School Curriculum: How To Integrate More Of The Skills And Values Identified By The Maccrate Report Into A Doctrinal Course, Alice M. Noble-Allgire Sep 2002

Desegregating The Law School Curriculum: How To Integrate More Of The Skills And Values Identified By The Maccrate Report Into A Doctrinal Course, Alice M. Noble-Allgire

Nevada Law Journal

No abstract provided.


Risky Business: Attorney Liability In Insurance Defense Litigation-A Review Of The Arizona Supreme Court's Decision In Paradigm Insurance Co. V. Langerman Law Offices Sep 2002

Risky Business: Attorney Liability In Insurance Defense Litigation-A Review Of The Arizona Supreme Court's Decision In Paradigm Insurance Co. V. Langerman Law Offices

BYU Law Review

No abstract provided.


The Importance Of Diversity In The Legal Profession, Eric H. Holder Jr. Aug 2002

The Importance Of Diversity In The Legal Profession, Eric H. Holder Jr.

Cardozo Law Review

No abstract provided.


Mdps, Spinning, And Wouters V. Nova, Laurel S. Terry Jul 2002

Mdps, Spinning, And Wouters V. Nova, Laurel S. Terry

Faculty Scholarly Works

This article is one of a series of articles by Professor Laurel Terry regarding the topic of MDPs of multidisciplinary partnerships. In February 2002, the European Court of Justice issued its opinion in Wouters v. NOVA (Case C-309/99), which addressed a Netherlands Bar rule that prohibited multidisciplinary partnerships (MDPs) between lawyers and accountants. Wouters decided: 1) that the bar was an “undertaking” that was subject to the competition (antitrust) provision in the EU Treaty; 2) that the Dutch MDP ban restricted competition and that this restriction on competition was appreciable and affected intra-community trade; 3) that the Dutch MDP ban …


Comparative Multi-Disciplinary Practice Of Law: Paths Taken And Not Taken, Charles W. Wolfram Jul 2002

Comparative Multi-Disciplinary Practice Of Law: Paths Taken And Not Taken, Charles W. Wolfram

Cornell Law Faculty Publications

It is always an interesting journey to return to one's roots, and many of the most important of my personal and professional roots are here in Cleveland, including my birth and the first twenty years of life. Subsequent wanderings have taken me far from here, but always to return. We consider here another set of journeys and pathways that are institutional, not personal. The paths traversed are both national and international, and they will take us on journeys that are far from completed. They concern the ways in which various contemporary legal cultures have so far approached the subject of …


15th Annual Scholarship Banquet - Partners In Progress "Together We Can Make A Difference", Las Vegas Chapter Of The National Bar Association May 2002

15th Annual Scholarship Banquet - Partners In Progress "Together We Can Make A Difference", Las Vegas Chapter Of The National Bar Association

Subsequent Scholarship Banquets

15th Annual Scholarship Banquet Program


15th Annual Scholarship Banquet - Partners In Progress "Together We Can Make A Difference", Las Vegas Chapter Of The National Bar Association May 2002

15th Annual Scholarship Banquet - Partners In Progress "Together We Can Make A Difference", Las Vegas Chapter Of The National Bar Association

Subsequent Scholarship Banquets

15th Annual Scholarship Banquet Program


Encouraging Race-Based Advocacy In Legal Services Practice, Jonel Newman May 2002

Encouraging Race-Based Advocacy In Legal Services Practice, Jonel Newman

Articles

Every legal services program has a waiting room, some newly furnished, others with old sofas and tattered chairs. The families, children, and elderly sitting in these waiting rooms consistently are disproportionately racial and ethnic minorities. Despite this constant reminder that those seeking legal assistance for their perceived wrongs are disproportionately racial and ethnic minorities, legal services programs are bringing fewer and fewer affirmative challenges that incorporate race-based antidiscrimination claims.
/="/"> In this article we explore possible reasons for this lack of affirmative race- and national-origin-based discrimination claims and suggest some ideas for preserving or restarting this type of advocacy, ideas …


Nebraska Transcript (University Of Nebraska College Of Law), Volume 36, Number 1, Spring/Summer 2002 Apr 2002

Nebraska Transcript (University Of Nebraska College Of Law), Volume 36, Number 1, Spring/Summer 2002

Nebraska Transcript

Class of 2004

From Staff to Student: Sharon Joseph Crosses Over

Alumni Council Achievements Include Awards, Newsletter

Cambridge Summer Session Offer Global Perspective

Visiting Professor Preeta Bansal, Former N.Y. Solicitor General, Returns to Her Nebraska Roots

Conscientious State Legislators and the Cultures of Compliance and Liberalization Relating to International Trade Agreements

Public Policy Center Thrives Under Tomkins’ Leadership

David Hill, Professor at Colorado, Returns to ‘Big Red’ Country

Fall Reunions 2001

O’Connor: Terrorism Best Fought By Operating Under Rule of Law

Federal Judges Camp, Riley Bring High Standards to Bench

Rhode: Sex Discrimination In Legal Profession Still Problem

A Tale …


Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest, Susan Saab Fortney, Jett Hanna Apr 2002

Fortifying A Law Firm's Ethical Infrastructure: Avoiding Legal Malpractice Claims Based On Conflicts Of Interest, Susan Saab Fortney, Jett Hanna

Faculty Scholarship

This article addresses the prevailing problem of malpractice claims based on conflicts of interest. Part I of this article introduces the topic by underscoring the seriousness of all conflicts of interest and recommending preventative action. Part II describes measures that law firms can take to detect and manage conflicts and analyzes the effect of the firm’s ability to avoid conflicts claims on a firm’s ethical infrastructure. Part III focuses on some of the most common conflicts situations that result in malpractice claims and sanctions. The discussion includes selected conflicts cases that illustrate problems and patterns. Part IV concludes by urging …


Furthering Justice By Improving The Adversary System And Making Lawyers More Accountable, Roger C. Cramton Apr 2002

Furthering Justice By Improving The Adversary System And Making Lawyers More Accountable, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


Reconceptualizing Professional Responsibility: Incorporating Equality, Rosemary Cairns Way Apr 2002

Reconceptualizing Professional Responsibility: Incorporating Equality, Rosemary Cairns Way

Dalhousie Law Journal

Are legal professionals concerned with "doing good" or just with "doing well" financially? In an age of increasing and intensifying public scrutiny there is a need to examine and challenge the legal profession's conception of professional responsibility, and how it translates into practice. This paper expresses the concern that the profession has moved too far in the direction of a "billable hours" culture, a culture that is falling short of the legal profession's obligation as a self-regulated entity to consider and acknowledge the public interest at all points. The author calls for a broader conception of professionalism, one that encompasses …


The Pursuit Of Justice: New Directions In Scholarship About The Practice Of Law, Alex J. Hurder Mar 2002

The Pursuit Of Justice: New Directions In Scholarship About The Practice Of Law, Alex J. Hurder

Journal of Legal Education

No abstract provided.


Special Education Attorneys' Fees After Buckhannon Board & Care Home, Incorporated V. West Virginia Department Of Health And Human Resources, Mark C. Weber Mar 2002

Special Education Attorneys' Fees After Buckhannon Board & Care Home, Incorporated V. West Virginia Department Of Health And Human Resources, Mark C. Weber

Brigham Young University Education and Law Journal

No abstract provided.


The Advocate Vol. 7 #1 Jan 2002

The Advocate Vol. 7 #1

The Advocate

No abstract provided.


Vol. 6 No. 2 Jan 2002

Vol. 6 No. 2

The Advocate

No abstract provided.


Between Law And Virtue, Joseph P. Tomain, Barbara Watts Jan 2002

Between Law And Virtue, Joseph P. Tomain, Barbara Watts

Faculty Articles and Other Publications

Legal ethics, professional responsibility, and professionalism are timely topics as lawyers continually reevaluate the standards of their profession, particularly in light of the challenges of multidisciplinary and multijurisdictional practice, as well as the embarrassment facing lawyers involved in and surrounding the Enron collapse. In this article, our goal is to discuss how to think and talk about ethics and professionalism. By way of preview, we need to understand that ethics and professionalism use different vocabularies and, consequently, talk past each other to some extent. Our hope is that understanding the existence of these two vocabularies helps reduce the misunderstanding. Both …


Aim High And A Vision Broad: The Public Responsibilities Of A Public Profession, Donald L. Burnett Jr. Jan 2002

Aim High And A Vision Broad: The Public Responsibilities Of A Public Profession, Donald L. Burnett Jr.

Articles

No abstract provided.