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Articles 1981 - 2010 of 2922

Full-Text Articles in Entire DC Network

Clinical Education And The "Best Interest" Representation Of Children In Custody Disputes: Challenges And Opportunities In Lawyering And Pedagogy, Francis Gall Hill Apr 1998

Clinical Education And The "Best Interest" Representation Of Children In Custody Disputes: Challenges And Opportunities In Lawyering And Pedagogy, Francis Gall Hill

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University Law School - Bloomington Apr. 4, 1997


Vol. 8, No. 1 (Spring 1998) Apr 1998

Vol. 8, No. 1 (Spring 1998)

Alumni Update

No abstract provided.


How A Sole Practitioner Uses The "Electronic Office" To Maintain A Competitive Law Practice, Jesse Richardson Apr 1998

How A Sole Practitioner Uses The "Electronic Office" To Maintain A Competitive Law Practice, Jesse Richardson

Law Faculty Scholarship

No abstract provided.


Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The "Legal Ethics" Perspective, Bruce A. Green Apr 1998

Lawyers As Nonlawyers In Child-Custody And Visitation Cases: Questions From The "Legal Ethics" Perspective, Bruce A. Green

Indiana Law Journal

Symposium: Law and the New American Family Held at Indiana University School of Law Apr. 4, 1997


The Foreign Notarial Legal Services Monopoly: Why Should We Care, 31 J. Marshall L. Rev. 945 (1998), Pedro A. Malavet Jan 1998

The Foreign Notarial Legal Services Monopoly: Why Should We Care, 31 J. Marshall L. Rev. 945 (1998), Pedro A. Malavet

UIC Law Review

No abstract provided.


The Standard Of Care In Legal Malpractice: Do The Model Rules Of Professional Conduct Define It?, Gary A. Munneke Jan 1998

The Standard Of Care In Legal Malpractice: Do The Model Rules Of Professional Conduct Define It?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This Article will review existing case law and commentary, and propose a new formula for application of rules of professional conduct in determining the standard of care to which attorneys should be held in malpractice cases. The authors will argue in favor of establishing a position that state rules of professional conduct create certain specific standards of lawyer behavior that constitute a minimum standard of conduct and a minimum standard of care for every individual attorney practicing in each jurisdiction.


Identities And Roles: Race, Recognition, And Professional Responsibility, David B. Wilkins Jan 1998

Identities And Roles: Race, Recognition, And Professional Responsibility, David B. Wilkins

Maryland Law Review

No abstract provided.


Responding To The Value Imperative: Learning To Create Value In The Resolution Of Disputes, Kenneth Margolis Jan 1998

Responding To The Value Imperative: Learning To Create Value In The Resolution Of Disputes, Kenneth Margolis

Faculty Publications

This article discusses another topic for clinical teachers to consider adding to their teaching agendas. In this paper, I identify the "value imperative" implicit in the attorney-client relationship and suggest that a perception by the client of high value in the relationship is necessary for its success. Briefly, I describe value in legal services as the client's perception of the ratio of benefits received from legal representation to the sacrifices necessary to obtain those benefits. The more the ratio favors benefits over sacrifices, the greater the value perceived by the client. I present a model describing value in legal services …


Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson Jan 1998

Ethics On The Web: An Annotated Bibliography Of Legal Ethics Material On The Internet, 28 Stetson L. Rev. 369 (1998), Darby Dickerson

UIC Law Open Access Faculty Scholarship

No abstract provided.


Law Firms, Technology, And The Double-Billing Dilemma, 12 Geo. J. Legal Ethics 95 (1998), Kevin Hopkins Jan 1998

Law Firms, Technology, And The Double-Billing Dilemma, 12 Geo. J. Legal Ethics 95 (1998), Kevin Hopkins

UIC Law Open Access Faculty Scholarship

No abstract provided.


Kentucky Lawyer, 1998-1999, University Of Kentucky College Of Law Jan 1998

Kentucky Lawyer, 1998-1999, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


Lawyering In The State Of Nature: Instinct And Automaticity In Legal Problem Solving , Ian Weinstein Jan 1998

Lawyering In The State Of Nature: Instinct And Automaticity In Legal Problem Solving , Ian Weinstein

Faculty Scholarship

This article explains why lawyers do not think or talk like other people, how they got this way, and why this is both a good thing and a bad thing. I have watched hundreds of law students leave their old ways of thinking and talking behind and begin to sound like lawyers. One marker of the progress from lay person to lawyer is the emergence of the ability to tell a coherent fact and law story about a new legal problem. I have sometimes celebrated this professional progress and sometimes lamented the loss of common sense, but my lawyerly analysis …


Hard Cases From Easy Cases Grow: In Defense Of The Fact-And Law-Intensive Administrative Law Case, 32 J. Marshall L. Rev. 87 (1998-1999), James C. May Jan 1998

Hard Cases From Easy Cases Grow: In Defense Of The Fact-And Law-Intensive Administrative Law Case, 32 J. Marshall L. Rev. 87 (1998-1999), James C. May

UIC Law Review

No abstract provided.


The Attack On Traditional Billing Practices, Stephen W. Jones, Melissa Beard Glover Jan 1998

The Attack On Traditional Billing Practices, Stephen W. Jones, Melissa Beard Glover

University of Arkansas at Little Rock Law Review

No abstract provided.


Jacob's Blessing, Cooperative Grace, And Practicing Law With A Limp, John M.A. Dipippa Jan 1998

Jacob's Blessing, Cooperative Grace, And Practicing Law With A Limp, John M.A. Dipippa

Law Faculty Scholarship

How does a lawyer's religious beliefs affect the lawyer's practice? I will answer that question by reflecting on baseball players, wrestling with mysterious strangers, and practicing law with a limp. This essay is divided into four sections. First, I will share the story of baseball star Sandy Koufax's refusal to pitch on Yom Kippur. Second, I will present a brief theology of grace. Third, I will discuss the Genesis story of Jacob's wrestling match with the Angel. Finally, I will relate a personal experience from my own practice. In truth, each of these sections demonstrates the same theme: that God's …


Independent, Professional Judgment: The Essence Of Freedom, Bennett H. Brummer Jan 1998

Independent, Professional Judgment: The Essence Of Freedom, Bennett H. Brummer

St. Thomas Law Review

This Article will address the concept of professionalism from a criminal defense attorney's perspective and, more specifically, from the perspective of a public defender. The public defender mission is based on our ideals of freedom and equal justice under law. I have spent twenty-five years as a participant in, and observer of, our judicial system. Whether in government or professional circles, public defenders are often outsiders. We are often treated as the illegitimate children at the family reunion. It is from that perspective that I hope to be of some service to you.


The Role Of Clinical Programs In Legal Education, Suellyn Scarnecchia Jan 1998

The Role Of Clinical Programs In Legal Education, Suellyn Scarnecchia

Articles

In clinic, students get a glance at the lawyer they will be someday. They gain confidence that, indeed, they will be a "good" lawyer. They understand the context in which their classroom learning will be applied. In short, they are able to integrate their law school experience.


A Lawyer's Guide: How To Avoid Pitfalls When Dealing With Alien Clients, Kelly Kaiser Jan 1998

A Lawyer's Guide: How To Avoid Pitfalls When Dealing With Alien Clients, Kelly Kaiser

Kentucky Law Journal

No abstract provided.


Kentucky Law Survey: Professional Responsibility, William H. Fortune Jan 1998

Kentucky Law Survey: Professional Responsibility, William H. Fortune

Law Faculty Scholarly Articles

This article is a survey of recent Kentucky ethics cases and Kentucky Bar Association ethics opinions. The cases and opinions selected are those of general application but special interest.


United States V. Mcveigh: Defending The Most Hated Man In America, Stephen Jones, Jennifer Gideon Jan 1998

United States V. Mcveigh: Defending The Most Hated Man In America, Stephen Jones, Jennifer Gideon

Oklahoma Law Review

No abstract provided.


Attorney-Client Privilege: The Eroding Concept Of Confidentiality Should Be Abolished, Paul Rice Jan 1998

Attorney-Client Privilege: The Eroding Concept Of Confidentiality Should Be Abolished, Paul Rice

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Ethical Implications Of The Limited Liability Status In The Practice Of Law, Elizabeth C. Woodford Jan 1998

The Ethical Implications Of The Limited Liability Status In The Practice Of Law, Elizabeth C. Woodford

Kentucky Law Journal

No abstract provided.


Learning From The Unpleasant Truths Of Interfaith Conversations: William Stringfellow's Lessons For The Jewish Lawyer, Russell G. Pearce Jan 1998

Learning From The Unpleasant Truths Of Interfaith Conversations: William Stringfellow's Lessons For The Jewish Lawyer, Russell G. Pearce

Faculty Scholarship

As the religious lawyering movement expands, so too will the opportunities for interfaith conversations about lawyering. At the level of superficial pleasantries, these conversations will probably add warm feelings of camraderie but little else. When they advance to deeper levels of intellectual and emotional connection, they offer the potential for developing close friendships, learning significant new insights, and discovering hurtful differences. Only by risking the pain of such conversations can we gain the full benefit of interfaith conversation for enriching our "zest for spiritual living." This essay will employ the writings of William Stringfellow, a Christian lawyer and theologian, to …


We Could Pass A Law...What Might Happen If Contingent Legal Fees Were Banned, Samuel R. Gross Jan 1998

We Could Pass A Law...What Might Happen If Contingent Legal Fees Were Banned, Samuel R. Gross

Articles

This is an exercise in fantasy. My task is to imagine what would happen if we simply abolished the institution of the contingent fee by statute. I cannot justify that task on grounds of urgency. Contingent fees are not about to be abolished, and they probably.are not going to be seriously restricted. My hope is that the exercise will be amusing in itself, and that in the process we might learn something about contingent fees as we now use them.


A New Options Theory For Risk Multipliers Of Attorney's Fees In Federal Civil Rights Litigation, Peter H. Huang Jan 1998

A New Options Theory For Risk Multipliers Of Attorney's Fees In Federal Civil Rights Litigation, Peter H. Huang

Publications

Given the importance of private enforcement of federal civil rights laws, Congress and the courts have attempted to encourage plaintiffs' attorneys to accept meritorious civil rights cases through fee shifting and risk multipliers. Recently, however, the Supreme Court has essentially prohibited the use of risk multipliers, thus undercompensating attorneys for the risk of losing civil rights actions and discouraging the filing of such cases. In this Article, Professor Huang develops a new options-based theory of calculating attorney's fees. Professor Huang argues that a lawsuit consists of a sequence of options to continue with the case rather than a once-and-for-all irreversible …


A Response To The Video, Charles F. Sabel Jan 1998

A Response To The Video, Charles F. Sabel

Faculty Scholarship

Let me preface my remarks by informing you that I am not a lawyer. That means that there are things I don't get and things that I'll say that you may not grasp immediately, because there are certain assumptions we don't share. To illustrate that, let me just tell you, I don't even get lawyer jokes.

For example, when I saw the movie So Goes A Nation, and Sam Sue says, "Law schools teach basic skills," I didn't realize that was a joke until you all laughed at it. So there are many subtleties of this sort that escape me. …


Ethical Issues Panel Symposium: The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions, Stephen Ellmann Jan 1998

Ethical Issues Panel Symposium: The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions, Stephen Ellmann

Articles & Chapters

No abstract provided.


Comments Celebrating The 100th Anniversary Of The West Virginia Law Review, David C. Hardesty Jr. Sep 1997

Comments Celebrating The 100th Anniversary Of The West Virginia Law Review, David C. Hardesty Jr.

West Virginia Law Review

No abstract provided.


Press Release - "Reid Sends Johnnie B. Rawlinson's Name To President For Nomination To Federal Bench - August 25, 1997, Las Vegas Chapter Of The National Bar Association Aug 1997

Press Release - "Reid Sends Johnnie B. Rawlinson's Name To President For Nomination To Federal Bench - August 25, 1997, Las Vegas Chapter Of The National Bar Association

Johnnie B. Rawlinson

No abstract provided.


Legal Education: Nemesis Or Ally Of Social Movements?, Janet E. Mosher Jul 1997

Legal Education: Nemesis Or Ally Of Social Movements?, Janet E. Mosher

Osgoode Hall Law Journal

There is much in legal education which contributes to lawyering practices that are fundamentally at odds with the formation of social movements. These practices include the "individualization" of client problems; the reshaping of the realities of clients' lives into legal categories or boxes; the commitment to instrumentalism (that is, to securing a favourable legal result); and lawyer domination and control and the correlates of client silence and passivity. The genesis for these features of dominant lawyering practices can be traced, at least in part, to legal education. More specifically, legal education's emphasis upon doctrinal analysis, its tendency to trade upon …