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Lawyers At The Prison Gates: Organizational Structure And Corrections Advocacy, Susan P. Sturm

University of Michigan Journal of Law Reform

This Article attempts to fill the gaps in the discussion of public interest advocacy by exploring the roles of various legal organizations in providing representation to inmates challenging the conditions and practices in prisons, jails, and juvenile justice institutions. It is an outgrowth of a study conducted for the Edna McConnell Clark Foundation on the extent and quality of representation in corrections litigation. It puts forward an organizational change model of public interest advocacy as the most promising strategy for legal representation in the corrections area. It then identifies the major organizational providers of representation, assesses where they fall on …

Pro Bono Legal Work: For The Good Of Not Only The Public, But Also The Lawyer And The Legal Profession, Nadine Strossen

Michigan Law Review

I agree with Judge Edwards that "the lawyer has an ethical obligation to practice public interest law - to represent some poor clients; to advance some causes that he or she believes to be just." I also concur in Judge Edwards' opinion that "[a] person who deploys his or her doctrinal skill without concern for the public interest is merely a good legal technician - not a good lawyer."

Rather than further develop Judge Edwards' theme that lawyers have a professional responsibility to do pro bono work, I will offer another rationale for such work, grounded in professional and individual …

Stewardship, Donald B. Ayer

Michigan Law Review

While I agree with much that Judge Edwards has proposed, I thus submit that his formulations of the problem are partial - a bit like those of the blind men examining different parts of the elephant. The law's current unhappiness is only partly described as that of law schools and practicing lawyers going in different directions, of law practice becoming too commercial, or of law schools failing to serve the needs of the practicing lawyers and judges with practical teaching and scholarship. All of these observations, while correct as far as they go, miss the root of the problem, which …

The Growing Disjunction Between Legal Education And The Legal Profession: A Postscript, Harry T. Edwards

Michigan Law Review

In this essay I offer a postscript to "The Growing Disjunction." It is not possible for me to "respond" directly to the other participants in this symposium, because I had no opportunity before publication to read what they have written. I will therefore limit myself to two tasks. First, I will briefly discuss several issues raised in the article. Second, and most important, I wish to share a representative sample of the responses I have received regarding the article. These responses, I think, provide good evidence of the magnitude of the problem that we face.

Mad Midwifery: Bringing Theory, Doctrine, And Practice To Life, Barbara Bennett Woodhouse

Michigan Law Review

I share Judge Edwards' concern about the health of legal education and about lawyers as a force in society. I differ, however, in defining the sickness and prescribing the cure, at least when it comes to teaching. In my view, we need to integrate, not to dichotomize and polarize further, the practical and the impractical, the doctrinal and the theoretical. His critique, and my intuitive response to it, challenged me to examine and articulate where we disagree, based on what I have learned in my five years in the classroom and what it is I hope to accomplish in my …

The Growth Of Interdisciplinary Research And The Industrial Structure Of The Production Of Legal Ideas: A Reply To Judge Edwards, George L. Priest

Michigan Law Review

This brief response will attempt to repair these various deficiencies, though only in part because of the difficulty of the subject. It will try to explain more fully the rise of interdisciplinary legal research and will sketch the broader structure of the production and dissemination of new ideas about law and the legal system. The relationship between legal education and legal practice implicates an understanding of the "market" for legal ideas. To describe ideas as the subject of a "market," of course, has become conventional. In my view, however, the market metaphor most typically distorts our understanding of the issue, …

Judge Edwards' Indictment Of "Impractical" Scholars: The Need For A Bill Of Particulars, Sanford Levinson

Michigan Law Review

I can summarize my response as follows: Although Judge Edwards' article certainly seems to be leveling a heartfelt indictment, it lacks a sufficiently precise bill of particulars to know exactly whom he has accused of doing what. Nor does one know exactly what penalty Judge Edwards would exact from the miscreants. Unless he supplies such a bill, his indictment should be dismissed, though, presumably, without prejudice to its reinstatement should he wish to do the hard work of supplying evidence for the charges he set out.

Reforming Welfare Through Social Security, Stephen D. Sugarman

University of Michigan Journal of Law Reform

In this Article, I first want to illustrate the connection between Social Security and AFDC-to explain the Social Security program and to demonstrate how it contributes to the welfare problem. More importantly, I then want to offer a reform proposal that builds on Social Security as a way to begin to eliminate AFDC and the current welfare problem. Simply put, I propose that Social Security should provide benefits to children with absent parents on the same basic terms on which it now provides benefits to children with deceased, disabled, or retired parents.

The Tension Between Rules And Discretion In Family Law: A Report And Reflection, Carl E. Schneider

Articles

The history of law is many things. But one of them is the story of an unremitting struggle between rules and discretion. The tension between these two approaches to legal problems continues to pervade and perplex the law today. Perhaps nowhere is that tension more pronounced and more troubling than in family law. It is probably impossible to practice family law without wrestling with the imponderable choice between rules and discretion. Consider, for example, how many areas of family law are now being fought over in-just those terms. For decades we have lived with an abundantly discretionary way of resolving …

Are Criminal Defenders Different?, David Luban

Michigan Law Review

No one has done more to expose the jurisprudential incoherence of this view of legal practice than William Simon. In his 1978 article, The Ideology of Advocacy, Simon demonstrated a series of internal contradictions in the most promising attempts to justify the ideology of advocacy. Subsequently, in Ethical Discretion in Lawyering, Simon elaborated an alternative view according to which lawyers must exercise independent judgment in both their choice of clients and their choice of means in pursuing client ends.

In Simon's view, those who carve out the criminal defense exception have been taken in by what he calls …

Getting The Word, David Luban

Michigan Law Review

A Review of The Word and the Law by Milner S. Ball

Vol. 43, No. 10, April 5, 1993, University Of Michigan Law School

Res Gestae

•Hungry for Justice, Hungry for Peace •Pro Bono Could Become More than an Option •Page: Tackle Inner City Educational Barriers •Could we Have Been More Diligent? •Gender Journal Responds to RG Article •Rodney King Verdict: Future Legal Repercussions? •Law Students Seek to Add Women to the Walls •Haitian Refugee Problem: A Real-Life Drama •Judge Promotes Equal Rights for Children •Shaw to Attend Conference in South Africa •New Section Grateful for Program •The Docket •In the Line of Fire: A Clerkship •Summer Starters Dominate Moot Court •And Now, a Word on Our Faculty •Law in the Raw

Vol. 43, No. 9, March 22, 1993, University Of Michigan Law School

Res Gestae

•Harvard Leaks Vote on MacKinnon Offer •UM Settles Pornography Dispute •LSSS Elections: Youthful Experience Dominates •Legal World Rocked by Controversy •This Full House Should Have Been Flushed •New Externship Rule: Burr on Law School's Butt •Family Law Project Undergoes Changes •Fall Grades •The Docket •1993 SFF Auction Raises Needed Funds •The 'Royal Mail' has Arrived •Law in the Raw

Vol. 43, No. 6, January 25, 1993, University Of Michigan Law School

Res Gestae

•1L Campus Interviews Increase •MLK Day Panel Puts Focus on Jury in Rodney King Case •3L May Face Charges in Lawyers' Club Incident •Executive Orders Not End for Pro-Choicers •Student Describes Police Abuses in Lawyers' Club •Lawyers Under Attack… Again? •How Should Yale Spend His Money? •The Docket •The Lawyer's Vacation: A Prediction •Practice Safe Sex: Keep Your Socks On •Crossword •Shaw Will Return to Legal Defense Fund on Two-Year Leave

Class Of 1993 Five Year Report Alumni Comments, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This addendum is a compilation of alumni responses to the open-ended comments sections.

Class Of 1993 Five Year Report, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This report summarizes the findings of a questionnaire sent to University of Michigan Law School alumni five years after graduation.

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Saga of a remarkable alumna; celebrating in Chicago; lawyering in Warsaw; noteworthy appointments and moves; class notes in abundance.

Feature Story: Suellyn Scarnecchia - A Courageous Voice For Children, Toni Shears

Law Quadrangle (formerly Law Quad Notes)

The high-profile custody battle over Baby Jessica lands a low-key professor on camera - and refocuses her career.

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

A quick look at the class of '96, the scholarship picture and the gentder gap in graduates' wages.

Periodical Index, Michigan Law Review

Michigan Law Review

Subject Index of Articles, Comments, Notes, and Recent Developments Appearing in Leading Law Reviews

Deconstructing Los Angeles Or A Secret Fax From Magritte Regarding Postliterate Legal Reasoning: A Critique Of Legal Education, C. Garrison Lepow

University of Michigan Journal of Law Reform

This Article asks readers to imagine the shapes and colors of legal issues; it examines how people communicate and develop ideas through moving, metamorphosing images, especially computer graphics, and why methodology affects the eventual product of thought. Like dance, legal issues are described better through action than through words. Therefore, this Article challenges the principles of verbal reasoning upon which our legal system is based.

Three Attorney Fee-Shifting Rules And Contingency Fees: Their Impact On Settlement Incentives, Bradley L. Smith

Michigan Law Review

This Note seeks to predict the direction and magnitude of the change in settlement frequency under the three fee-shifting rules: American, British, and the British rule as modified by the PCC. Part I analyzes the proposed rule using the theoretical model of litigation and settlement developed by Hause. Part II examines the impact of fee-shifting when the plaintiff's lawyer receives reimbursement via a contingency fee. Analysis of indemnification in a contingency fee context raises several policy issues which section II.A addresses. Section II.B discusses the terms and assumptions made in adjusting Hause's model to reflect the standard contingency fee arrangement, …

Oh No! A New Bluebook!, James D. Gordon Iii

Michigan Law Review

A Review of The Bluebook: A Uniform System of Citation

Speaking Differences: The Rules And Relationships Of Litigants' Discourses, Naomi R. Cahn

Michigan Law Review

A Review of Rules Versus Relationships: The Ethnography of Legal Discourse by John M. Conley and William M. O'Barr

An Academic Visit To The Modern Law Firm: Considering A Theory Of Promotion-Driven Growth, Frederick W. Lambert

Michigan Law Review

A Review of Tournament of Lawyers: The Transformation of the Big Law Firm by Marc Galanter and Thomas Palay

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Another 'chapter' for a Supreme Court history; a witness to change in Russia; a new direction for poverty law; school and faculty news.

Alumni, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

Man for all seasons David Belin; newsmaker Andrea Sachs; profiles of executive Robert Luciano and Judge Avern Cohn; a challenge from (and for) the Class of '66; class notes.

Vol. 42, No. 9, January 27, 1992, University Of Michigan Law School

Res Gestae

•Poor Get Dumped On •Kamisar Seeks Anti-Euthanasia Voices •Minority Underrepresentation Noted on MLK Day •Law School Lacks Practical Guidance •Open Meetings Should be Open •Michigan Needs Women's Law Journal •Should Classes be Cancelled on MLK Day? •Things Other than Landfills are Stinking in New Jersey •The Docket •Symposium Speakers to Define Democracy •Shh! New Library Policy Implemented •1Ls Cope With Diminished Prospects •Thoughts from the Armchair •Thongs Ice "Crushers" •Mixed Metaphors, Mixed Results: Haynes' Poison, Kasdan's Grand Canyon •Law in the Raw

Class Of 1992 Five Year Report, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This report summarizes the findings of a questionnaire sent to University of Michigan Law School alumni five years after graduation.

Class Of 1992 Five Year Report Alumni Comments, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This addendum is a compilation of alumni responses to the open-ended comments sections.