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Articles 2371 - 2400 of 2922
Full-Text Articles in Entire DC Network
The Practice Of Law By Foreign Lawyers In The Sultanate Of Oman, J. H. A. Mchugo
The Practice Of Law By Foreign Lawyers In The Sultanate Of Oman, J. H. A. Mchugo
Michigan Journal of International Law
This article discusses the practice of foreign commercial lawyers operating through branch offices of foreign firms in the Sultanate of Oman. In order to see how the present situation has developed, it is necessary to consider the particular circumstances of modern Oman. Part I outlines some important aspects of Oman's history. Part II focuses on the development of the Omani legal and judicial system since 1970 with regard to commercial law. Finally, part III examines the practice of the foreign lawyer operating in Oman, and illustrates the kind of legal work which he may carry out.
Doing Business With The People's Republic Of China: The Role Of Foreign Lawyers, Jamie P. Horsley
Doing Business With The People's Republic Of China: The Role Of Foreign Lawyers, Jamie P. Horsley
Michigan Journal of International Law
This article describes the nature of a legal practice involving business transactions with entities in the P.R.C. and the role of the foreign, or non-national, lawyer in such transactions. Part I focuses on the increasing volume of Chinese legislation and international agreements affecting foreign trade and investment in the P.R.C., and the difficulties of keeping abreast of and interpreting this recent legislation. Part II examines the role of foreign lawyers in Chinese business transactions. It also discusses the need for competence in the Chinese language, practical problems encountered in practicing in the P.R.C., and the use of local Chinese counsel. …
The Role Of The Western Lawyer In East-West Transactions, Jeffrey M. Hertzfeld
The Role Of The Western Lawyer In East-West Transactions, Jeffrey M. Hertzfeld
Michigan Journal of International Law
This article identifies and analyzes the special areas which the Western lawyer must consider when advising a client regarding an East-West transaction. These areas, although interrelated, have been categorized for clarity and ease of analysis. Part I outlines approaches for dealing with the legal and economic environment in which business negotiations are conducted. It describes the practical knowledge that lawyers must possess in order to help clients gain access to non-market countries. It also explains the process of identifying and understanding the roles and duties of various parties in Eastern countries. Part II discusses the structuring of contract negotiations in …
Gatt As A Framework For Multilateral Negotiations On Trade In Legal Services, Dean N. Menegas
Gatt As A Framework For Multilateral Negotiations On Trade In Legal Services, Dean N. Menegas
Michigan Journal of International Law
While a number of commentators have discussed the adaptability of the GATT to problems of trade in services, none have specifically addressed its applicability to lawyering or other professional services. Part I considers the GATT's progress on services issues to date. Part II identifies and classifies the barriers to transnational legal practice. Part III explores the possibility of liberalizing many of these barriers through the application of GATT substantive concepts and the use of GATT procedural mechanisms.
Clinical Legal Education: Is Taking Rites Seriously A Fantasy, Folly, Or Failure?, Steven D. Pepe
Clinical Legal Education: Is Taking Rites Seriously A Fantasy, Folly, Or Failure?, Steven D. Pepe
University of Michigan Journal of Law Reform
This article assesses the primary product of law schools-the practicing lawyer-and reviews the criticisms of the adequacy of the initial training for attorneys that law schools provide. After a brief. review of goals of legal education and goals of clinical teaching methods, the article argues that properly structured clinical programs are not based on flawed premises and that the nation's law schools, particularly the leading schools, should not abandon their clinical experiments without further efforts to help clinical legal education achieve its unfulfilled promises. The premises and assertions of this article are not new. Indeed, they are reiterations of a …
Transitional Legal Practice And Professional Ideology, Bryant G. Garth
Transitional Legal Practice And Professional Ideology, Bryant G. Garth
Michigan Journal of International Law
This essay assumes that there are three other reasons for studying transnational legal practice. First, such a study provides a way to explore some of the dilemmas that we often overlook about our domestic legal system. In both the domestic and transnational legal settings we are uncomfortable with the idea of law as "merely a business"; troubled by the invasion of "legality" into domains that once had seemed immune from state regulation; wary of the expense of "mega" law and litigation; reticent about a "total justice" which is expected to compensate individual victims of every unpleasant social accident; and nervous …
The Role Of Law And Lawyers In Japan And The United States, Isaac Shapiro, Michael K. Young
The Role Of Law And Lawyers In Japan And The United States, Isaac Shapiro, Michael K. Young
Michigan Journal of International Law
The issues raised in connection with delivery of legal services in Japan are complex and best understood against the backdrop of the development of the legal profession in Japan. Part I of this article discusses the history of the Japanese legal profession, especially its recent history. Part II shows how this development has shaped the issues in the current dispute. It recounts the development of the dispute, the arguments that have been made on the Japanese and American sides, and the course of the negotiations over legal services as part of the Japan-U.S. trade agenda. This article concludes with a …
Annex: Provisional Regulations On Lawyers Of The People's Republic Of China, Michigan Journal Of International Law
Annex: Provisional Regulations On Lawyers Of The People's Republic Of China, Michigan Journal Of International Law
Michigan Journal of International Law
To some Western readers, the function of Chinese lawyers as described in translations of the Provisional Regulations will appear comparable to the function of lawyers in the United States and many Western European countries. In at least one news release following enactment of the law, however, the government of the People's Republic of China denied any apparent similarity. A reprint of the Regulations and the Chinese Government's position as published in the Renmin Ribao, the official government newspaper, follows.-eds.
Appendix 2: Annotated Bibliography, Michigan Journal Of International Law
Appendix 2: Annotated Bibliography, Michigan Journal Of International Law
Michigan Journal of International Law
Additional reading related to the articles in this volume.
Legal Services And The Emergence Of A Service Economy: Practical And Theoretical Considerations, Richard Self
Legal Services And The Emergence Of A Service Economy: Practical And Theoretical Considerations, Richard Self
Michigan Journal of International Law
Perhaps the most difficult question facing legal professional associations is how to treat outsiders, particularly attorneys from foreign countries. The issue has become more acute as the growth of international trade and investment has led attorneys, following their clients, to attempt to establish themselves permanently in foreign legal jurisdictions. In fact, over the past three years the problem of transnational legal practice has, at least between the United States and Japan, become a trade issue in its own right. As U.S. lawyers attempt to tear down Japanese barriers against foreign legal "consultants," foreign attorneys in the United States struggle against …
How Do You Decide On A Nonlegal Career?, Gary A. Munneke
How Do You Decide On A Nonlegal Career?, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
Recent surveys have indicated that many young lawyers are dissatisfied with the direction that their careers have taken. There are always other options, and an increasingly attractive choice for many young lawyers is the nonlegal career.
A Statutory Analysis Of The Right Of U.S. Lawyers To Practice In Japan, Cecelia Norman
A Statutory Analysis Of The Right Of U.S. Lawyers To Practice In Japan, Cecelia Norman
Michigan Journal of International Law
This note argues that the JFBA's position is legally untenable. There is no legal bar to the establishment of firms by U.S. attorneys unlicensed to practice in Japan, provided they restrict their activities to advising non-Japanese companies on foreign and international law. Two central issues shape this debate: (1) the extent of the bengoshi monopoly conferred by the Lawyer Law; and (2) the scope of Japan's obligation to the United States under the Treaty of Friendship, Commerce, and Navigation (FCN Treaty) concluded in 1953.
U.S. Law Of Attorney-Client Privilege As Applied To Non-U.S. Lawyers: A Reciprocity Issue?, Hetty L. Richardson
U.S. Law Of Attorney-Client Privilege As Applied To Non-U.S. Lawyers: A Reciprocity Issue?, Hetty L. Richardson
Michigan Journal of International Law
Part I of this note considers whether U.S. federal and state law applies the attorney-client privilege equally to communications with U.S. and non-U.S. attorneys. It concludes that, contrary to the ILP's position, the law on this issue is not firm. In light of the policy issues raised by the AM & S decision, part II considers factors that may justify discriminating between U.S. and non-U.S. lawyers, or among non-U.S. lawyers. It concludes that the public interest may be served best by extending the attorney-client privilege to communications with some, but not all, non-U.S. lawyers. Part III presents a proposal for …
Benefactor Defense Before The Grand Jury: The Legal Advice And Incrimination Theories Of The Attorney-Client Privilege, Jeffrey Epstein
Benefactor Defense Before The Grand Jury: The Legal Advice And Incrimination Theories Of The Attorney-Client Privilege, Jeffrey Epstein
Cardozo Law Review
No abstract provided.
Legal Practice Shaped By Loyalty To Tradition: The Case Of Saudi Arabia, Carolyn R. Ruis
Legal Practice Shaped By Loyalty To Tradition: The Case Of Saudi Arabia, Carolyn R. Ruis
Michigan Journal of International Law
This note employs Saudi Arabia as an example of an Islamic country that has retained its religious traditions while being forced by economic necessity to adopt some Western commercial practices. Part I reviews the legal system of Saudi Arabia, highlighting the major differences and similarities between it and Western commercial law. Part II considers the legal requirements and cultural norms which Western attorneys should be prepared to observe while practicing in a traditional Islamic society. It suggests that strict adherence to custom and the Saudi Government's recent attempts to strengthen restrictions on both the professional and personal lives of expatriates …
Obstacles To The Implementation Of The Treaty Of Rome Provisions For Transnational Legal Practice, Gerald L. Greengard
Obstacles To The Implementation Of The Treaty Of Rome Provisions For Transnational Legal Practice, Gerald L. Greengard
Michigan Journal of International Law
This note argues that the Treaty of Rome has had, and will continue to have, little impact on legal practitioners within the European Community. Part I examines Community barriers to transnational legal practice among the EC nations. It looks first at the history and shortcomings of the 1977 Directive on Freedom of Lawyers to Provide Services. It then describes the effect of the failure of the Council of the European Community to enact a directive mandating mutual recognition of legal degrees. It concludes that neither the Council nor the European Court of Justice is likely to eliminate existing Community-wide barriers …
Legal Services And The Trade And Tariff Act Of 1984, Michael K. Grace
Legal Services And The Trade And Tariff Act Of 1984, Michael K. Grace
Michigan Journal of International Law
Part I of this note outlines the major nontariff barriers (NTBs) to trade in services. Part II discusses the provisions of the Trade and Tariff Act that are aimed at the reduction of those barriers. Part III examines the applicability of the TTA to legal services and the potential limitations on the provisions of an international agreement for that particular service industry. It concludes that concerns over state sovereignty, while no longer posing a constitutional obstacle to an international agreement on trade in services, will remain an important political force in the shaping of such an agreement.
Appendix 3: Glossary Of Terms Defining The Function Of Legal Professionals In Various Countries, Michigan Journal Of International Law
Appendix 3: Glossary Of Terms Defining The Function Of Legal Professionals In Various Countries, Michigan Journal Of International Law
Michigan Journal of International Law
Glossary of terms used in this volume.
Virginia: The Unauthorized Practice Of Law Experience, Michael L. Rigsby
Virginia: The Unauthorized Practice Of Law Experience, Michael L. Rigsby
University of Richmond Law Review
In the early days of America's development, the attorney-at-law was little needed. While law was a popular study, the pioneering nature of the settlers dictated that each look out for his own interests. Delegation to counsel was unnecessary.'
The Coming Of Legal Specialization, O. Randolph Rollins
The Coming Of Legal Specialization, O. Randolph Rollins
University of Richmond Law Review
A great debate rages across the ranks of the legal profession about the need to regulate claims by lawyers that they are specialists in particular fields of practice. Members of our profession express outrage when another lawyer lists himself under the anti- trust or tax headings in the Yellow Pages complaining that that lawyer calls "them" when he needs anti-trust or tax advice. Lawyers profess astonishment when they see an advertisement by another attorney cataloguing a number of fields in which that attorney practices. They ask how could any person-much less a lawyer who advertises-be a "specialist" in so many …
Residency Requirements For Attorneys: Home Is Where The License Is?, Neal Devins
Residency Requirements For Attorneys: Home Is Where The License Is?, Neal Devins
Faculty Publications
No abstract provided.
Sharing Among The Human Capitalists: An Economic Inquiry Into The Corporate Law Firm And How Partners Split Profits, Ronald J. Gilson, Robert H. Mnookin
Sharing Among The Human Capitalists: An Economic Inquiry Into The Corporate Law Firm And How Partners Split Profits, Ronald J. Gilson, Robert H. Mnookin
Faculty Scholarship
Large corporate law firms seem to be in a state of extraordinary flux. Success and failure are both on the rise. Large firms appear to supply a substantial and growing proportion of the legal services consumed by American business enterprises and to hire a significant fraction of the graduating classes of elite American law schools. Moreover, the last twenty years have witnessed a remarkable expansion in both the number of large firms and the absolute size of the biggest. But accompanying this striking success, there are also signs of serious institutional instability. During the last few years, several previously successful …
Access To Justice -- Variations And Continuity Of A World-Wide Movement, Bryant G. Garth, Mauro Cappelletti, Nicolo Trocker
Access To Justice -- Variations And Continuity Of A World-Wide Movement, Bryant G. Garth, Mauro Cappelletti, Nicolo Trocker
Articles by Maurer Faculty
No abstract provided.
The Review Of The College Of Law Alumni Association, Fall 1984, University Of Kentucky College Of Law
The Review Of The College Of Law Alumni Association, Fall 1984, University Of Kentucky College Of Law
Annual Magazines
No abstract provided.
Trustees Award Construction Contracts; Holland To Be Acting Law Dean, John Fancher
Trustees Award Construction Contracts; Holland To Be Acting Law Dean, John Fancher
Maurice James Holland (1984-1985 Acting; 1986 Acting)
No abstract provided.
Civil Rights—The Civil Rights Attorney's Fees Awards Act Of 1976—The Amount Of Success Determines The Award, Lucinda Mcdaniel
Civil Rights—The Civil Rights Attorney's Fees Awards Act Of 1976—The Amount Of Success Determines The Award, Lucinda Mcdaniel
University of Arkansas at Little Rock Law Review
No abstract provided.
The Law Business, David W. Belin
The Law Business, David W. Belin
Michigan Law Review
A Review of The Law Business: A Tired Monopoly by Joseph W. Bartlett and The Partners by James B. Stewart