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Gasshūkoku Ni Okeru Hōgakkai To Hōjitsumukai [The Worlds Of Academics And Legal Practice In The United States], Daniel H. Foote

Articles

I prepared this paper for a symposium entitled, "Academics and Practitioners in Japan and the United States: Can the Two Worlds Ever Meet?" When I saw the symposium title, my first reaction was that it might seem strange to ask whether the worlds of academics and legal practice can ever meet in the United States. After all, to a large degree the history of the law school in the United States has been that of an institution dedicated to the training of legal practitioners; the vast majority of US law professors are members of the bar; and many, if not …

Resolution Of Traffic Accident Disputes And Judicial Activism In Japan, Daniel H. Foote

Articles

The topic of resolution of traffic accident cases in Japan has already seen two works in English: a 1989 article by J. Mark Ramseyer and Minoru Nakazato in the Journal of Legal Studies and a 1990 article by Takao Tanase in the Law and Society Review. Why yet another article?

First, despite the fine treatment of a wide range of issues in those articles, neither of those works gave much attention to what I regard as one of the most interesting and important aspects of the Japanese treatment of automobile accident cases: namely, the role of the judiciary and the …

Four Views Of Japanese Attorneys, Daniel H. Foote

Articles

The four articles translated below appeared in a special collection entitled: Bengoshi--san Monosatari-or, A Tale of Lawyers. This collection was No. 198 in the Bessatsu Takarajma series, a series that contains such other tides as: How to Develop Brain Power (Noryoku toreningu no gijutsu, No. 41), The Court Game (Salban gemu, No. 169), and The Dark Side of Real Estate (Fudosan no ura, No. 177). As these titles ·reflect, publications in the series are aimed at the mass market. not the world of academics. A further caveat is thatr as with the majority …

Simas V. Quaker Fabric Corp.: Erisa Preemption Of Statutory Tin Parachutes, Kristin D. Anger

Washington Law Review

In Simas v. Quaker Fabric Corp., the First Circuit invalidated Massachusetts's innovative tin parachute statute, designed to assist workers displaced by corporate takeovers, by finding it preempted by ERISA. After examining the relationship between the tin parachute and ERISA and the analysis in Simas, this Note argues that preemption was mandated neither by ERISA itself nor by decisions interpreting its preemptive reach. In light of the state interest at stake, the Simas decision is unfortunate and suggests the need for a legislative solution.

Another "Postscript" To "The Growing Disjunction Between Legal Education And The Legal Profession", Harry T. Edwards

Washington Law Review

"The Gap Between Legal Education and the Needs of the Profession," the subject of this symposium, is a matter about which I have had much to say over the past two years. In the October 1992 edition of the Michigan Law Review, I expressed my deep concern about "the growing disjunction between legal education and the legal profession," in an article with the same title.

Profile, Summer 1994

Alumni Magazines

University of Washington School of Law alumni magazine

Education For A Public Calling In The 21st Century, Phoebe A. Haddon

Washington Law Review

A decade ago, an issue of the Association of American Law Schools' Journal of Legal Education was devoted to ruminations on selecting lawyers for the twenty-first century. Although some of the papers in the Journal issue offered congratulatory messages to legal educators and the Law School Admissions Council for their work, others more critically assessed legal education and the admissions process, warning of an impending "mid-life crisis" caused in part by an unreflective period of maturation. Focusing on two decades of "applicant explosion," affording the conscious creation of "a more intellectually elite profession,"' a number of the authors who submitted …

Keynote Address—The 21st Century Lawyer: Is There A Gap To Be Narrowed?, Robert Maccrate

Washington Law Review

This law school symposium on the Twenty-First Century Lawyer reflects a fundamental shift in the focus of legal education within the academy—from law in the abstract toward the reality of law in the daily work of lawyers. While holding firm to their scholarly mission, law schools are giving increasing attention to the world of lawyer performance and the needs of their students to be prepared to participate effectively in the legal profession. The 1992 Report entitled Legal Education and Professional Development-An Educational Continuum, by a task force of the American Bar Association Section of Legal Education and Admissions to the …

Somewhere Farther Down The Line: Maccrate On Multiculturalism And The Information Age, Burnele V. Powell

Washington Law Review

A couple of months ago, sometime after I was invited by Symposium Editor Ruth Kennedy to participate in today's discussion, I got a telephone call from her. She wanted to know the title of my remarks. I, of course, had no idea, what I would entitle these remarks because I was still freshly in the throes of trying to write these remarks. Only moments before the phone rang, I had been preoccupied with several CDs that I had recently purchased and was thinking about the task ahead of me. It did occur to me, however, that there was something I …

On Teaching Professional Judgment, Paul Brest, Linda Krieger

Washington Law Review

To answer the question posed by the conveners of this symposium, of course there is a gap between legal education and the legal profession. There has always been one, and quite possibly it has widened somewhat in recent years, if for no other reason than that the world in which lawyers practice has changed so much while legal education has changed relatively little. The external changes include the internationalization of legal transactions, the centrality of technology to many aspects of practice, increased specialization driven by the proliferation and complexity of statutory and regulatory schemes, and the overloading of traditional systems …

Economic Reality Facing 21st Century Lawyers, Thomas D. Morgan

Washington Law Review

Our predictions of future developments may be wrong, but if we do not at least think seriously about what skills these students will need to participate in the rapidly changing legal profession, we as legal educators will be certain to disserve both our students and their future clients.

Profile, Winter 1994

Alumni Magazines

University of Washington School of Law alumni magazine

Enforcing Lawyers' Covenants Not To Compete, Glenn S. Draper

Washington Law Review

Courts uphold most post-employment covenants not to compete if they meet a three part reasonableness test that balances the interests of the employer, the employee, and the public. Lawyers' covenants not to compete, however, are treated differently. Courts hold lawyers' agreements that prohibit competition with their former firms per se invalid, in order to preserve clients' unrestricted freedom to choose their attorneys. Courts have split on whether to apply the per se rule to invalidate lawyers' agreements that discourage rather than prohibit post-employment competition. The California Supreme Court's recent decision in Howard v. Babcock, applying the familiar reasonableness test to …

One Piece Of The Collection Development Puzzle: Issues In Drafting Format Selection Guidelines, Jonathan A. Franklin

Librarians' Articles

New electronic formats have made collection development decisions more complex. Mr. Franklin discusses how to incorporate a library's primary goals and resource limitations into library-specific format selection guidelines, and proposes criteria to help selectors choose the appropriate format for specific resources. A format selection checklist is appended. para This paper won the student division of the American Association of Law Libraries / LexisNexis Call for Papers Award in 1994.

Lien Stripping After Nobelman, Jane K. Winn

Articles

This Article first examines the Supreme Court's holding in Nobelman. Part II reviews the various statutory interpretations and bankruptcy policy arguments marshaled by both debtors and creditors regarding the permissibility of stripping home mortgages under the Bankruptcy Code. Part III discusses the issue of lien stripping as addressed in the bankruptcy reform legislation introduced in Congress in 1992 and 1993. Part IV of this Article reviews other similar forms of debtor relief in order to evaluate creditors' claims that lien stripping would disrupt credit markets and impair the free flow of credit to borrowers. The forms of debtor relief …

Profile, Summer 1992

Alumni Magazines

University of Washington School of Law alumni magazine

Defense Counsel As Prosecution Witness: A Combined Doctrine To Govern Attorney Disclosure, David B. Merchant

Washington Law Review

Prosecutors have increasingly used grand juries to compel defense attorneys to disclose client administrative data such as clients' names, fee amounts, or third-party fee payments. A majority of the federal circuit courts protect administrative information only if disclosure would reveal the substance of previous attorney-client conversations. In contrast, a minority of the circuits protect such information when disclosure would incriminate a client in the case at bar. This Comment argues that neither of the current doctrines accomplishes the goals of the attorney-client privilege. Instead, a doctrine that combines the majority and minority views would more effectively promote the policies underlying …

Penetrating Doctrinal Camouflage: Understanding The Development Of The Law Of Wrongful Discharge, Cornelius J. Peck

Washington Law Review

American courts developed the employment-at-will doctrine during the post-Civil War period of industrial and commercial expansion. Under that doctrine, either an employer or an employee could terminate an employment contract for any reason, good or bad. In the early 1980s, state supreme courts increasingly recognized exceptions to the employment-at-will doctrine to provide greater job protection for employees. In creating those exceptions, state courts have manipulated and stretched traditional legal doctrine to camouflage their reformist program. But that camouflage which facilitated changes in the law now often obscures the original reason for departing from the employment-at-will doctrine. Some state courts, including …

The Imprimatur Of Recognition: American Indian Tribes And The Federal Acknowledgment Process, Rachael Paschal

Washington Law Review

The Bureau of Indian Affairs administers a program to federally acknowledge unrecognized Indian tribes. The federal acknowledgment process requires that petitioning tribes meet stringent anthropological, historical, and genealogical criteria. These criteria, however, do not accurately reflect prior standards of federal recognition, and the Bureau of Indian Affairs inconsistently interprets them from petition to petition. This Comment describes the background of federal recognition in the executive branch of the government and analyzes the program and its criteria through a comparison of BIA-issued final decisions. This Comment further suggests reform of the federal acknowledgment process through legislative restructuring. In particular, the legislature …

Reply Brief Of Appellants - United States V. Washington, Docket No. 90-35355 (935 F.2d 1059 (9th Cir. 1991))

United States v. Washington, Docket No. 90-35355 (935 F.2d 1059 (9th Cir. 1991))

No abstract provided.

Brief Of Appellants - United States V. Washington, Docket No. 90-35355 (935 F.2d 1059 (9th Cir. 1991))

United States v. Washington, Docket No. 90-35355 (935 F.2d 1059 (9th Cir. 1991))

No abstract provided.

Nonlawyers In The Business Of Law: Does The One Who Has The Gold Really Make The Rules?, Thomas R. Andrews

Articles

For at least sixty years nonlawyers have been prohibited from offering their nonlegal talents in a business combination with lawyers practicing law. Moreover, when the ABA's new model rules were adopted in 1983, the ABA considered carefully but rejected a proposal that would have lifted the traditional ban on nonlawyer ownership of a law business. Nonetheless, the point of each article was that the relevant restrictions in the ethical rules are on their way out.

Commentators have given considerable attention to the unauthorized practice of law by nonlawyers, and to the offering of legal services by nonprofit institutions. The focus …

Brief Of Appellees - United States V. Washington, Docket No. 83-4265 (873 F.2d 240 (9th Cir. 1989))

United States v. Washington, Docket No. 83-4265 (873 F.2d 240 (9th Cir. 1989))

No abstract provided.

An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson

Washington Law Review

This Comment explores the problems aliens in deportation hearings face in obtaining legal assistance under the current law. Our adversarial system of justice traditionally recognizes the need for participants to have the benefit of professional and knowledgeable legal assistance. Congress has given aliens a statutory right of access to counsel through the Immigration and Nationality Act ("INA"). This right, however, is not being uniformly extended to aliens in deportation hearings. Part of the problem is financial. Although aliens have a right to counsel, the INA does not provide government assistance for aliens unable to pay attorneys. The ultimate result is …

An Opportunity To Be Heard: The Right To Counsel In A Deportation Hearing, David A. Robertson

Washington Law Review

This Comment explores the problems aliens in deportation hearings face in obtaining legal assistance under the current law. Our adversarial system of justice traditionally recognizes the need for participants to have the benefit of professional and knowledgeable legal assistance. Congress has given aliens a statutory right of access to counsel through the Immigration and Nationality Act ("INA"). This right, however, is not being uniformly extended to aliens in deportation hearings. Part of the problem is financial. Although aliens have a right to counsel, the INA does not provide government assistance for aliens unable to pay attorneys. The ultimate result is …

Attorney's Fee Contingency Enhancements: Toward A Complete Incentive To Litigate Under Federal Fee-Shifting Statutes—Pennsylvania V. Delaware Valley Citizens' Council For Clean Air, 107 S. Ct. 3078 (1987), Arthur J. Lachman

Washington Law Review

Federal fee-shifting statutes generally allow trial courts to award "reasonable" attorney's fees to prevailing parties in order to promote private enforcement of Congressional statutory directives. The starting point for the computation of fee awards under the fee-shifting statutes is the "lodestar" amount. The "lodestar" amount is defined as the reasonable number of hours spent by the attorney on the case multiplied by a reasonable hourly rate. Trial courts, in their discretion, have then enhanced the lodestar amount based on a variety of factors, including the quality of representation, delay in receiving payment, and contingency. Contingency is defined as the risk …

The Award Of Attorney's Fees To Prevailing Defendants Under The Washington Long Arm Statute, Valner L. Johnson

Washington Law Review

Numerous state and federal statutes award winning litigants attorney's fees from losing litigants. The Washington long arm statute, section 4.28.185(5) of the Revised Code of Washington, allows prevailing nonresident defendants to recover their attorney's fees from losing resident plaintiffs. The statute provides that when defendants are personally served outside the state on causes of action enumerated in the statute, the court may require a plaintiff to pay the defendant's reasonable attorney's fees. This Comment argues that the judicial implementation of this provision inappropriately inflicts injury upon Washington plaintiffs while often failing to protect nonresident defendants.

The Award Of Attorney's Fees To Prevailing Defendants Under The Washington Long Arm Statute, Valner L. Johnson

Washington Law Review

Numerous state and federal statutes award winning litigants attorney's fees from losing litigants. The Washington long arm statute, section 4.28.185(5) of the Revised Code of Washington, allows prevailing nonresident defendants to recover their attorney's fees from losing resident plaintiffs. The statute provides that when defendants are personally served outside the state on causes of action enumerated in the statute, the court may require a plaintiff to pay the defendant's reasonable attorney's fees. This Comment argues that the judicial implementation of this provision inappropriately inflicts injury upon Washington plaintiffs while often failing to protect nonresident defendants.

An Admired Colleague In The Practice Of Law, William T. Hart

Washington Law Review

The dediction of an issue of the Washington Law Review to my friend and former colleague, Professor and Associate Dean Robert S. Hunt, provides me with an opportunity to relate his contribution to the law firm of Schiff Hardin & Waite in Chicago. Bob Hunt likes to describe himself as from a small town in Iowa; the son of a country lawyer. While this is true (with credit to a small town and a fine country lawyer) he also came to the firm of Schiff Hardin & Waite in 1950 with a distinguished academic record. He was a graduate of …

Sin, Scandal, And Substantive Due Process: Personal Jurisdiction And Pennoyer Reconsidered, Wendy Collins Perdue

Washington Law Review

As part of the attempt to understand modem doctrine, this article first reexamines Pennoyer v. Neff. This reexamination goes beyond the Supreme Court opinion and looks both at the underlying story of the case and the lower court opinion. The story of Pennoyer v. Neff is of considerable interest in and of itself. The cast of characters includes a bigamous United States Senator who was elected under an alias, a governor of Oregon who used his inauguration as a platform to decry his loss in the case, and an illiterate but litigious settler. In addition, the lower court opinion, all …