Digital Commons Network^™

A Comment On Nielsen's And Albiston's Sample Selection Methodology, And Implications For The 'Have-Nots', Laura Nyantung Beny

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Professors Nielsen and Albiston revisit the 1978 article, The Public Interest Law Industry, by Joel F. Handler, Betsy Ginsberg, and Arthur Snow, which presents an empirical study of the public interest law ("PIL") industry in the mid-1970s. At that time, there were only eighty-six PIL firms or public interest law organizations ("PILOs") in existence in the United States. Then, PILOs tended to be small, had relatively small operating budgets, received most of their funds from private sources, and tended to focus most of their effort in a single substantive area, among other characteristics noted by Professors Nielsen and Albiston. However, …

Forces Driving And Shaping Legal Training Reform In Japan, Daniel H. Foote

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After canvassing the history of, and rationale for, legal training reform, the article examines the recommendations of the Justice System Reform Council. It then examines some of the forces that led to the reforms; some of those forces that helped shape the reforms; and the major aspects of the reforms themselves. The second half of the article undertakes an initial assessment of the first year of operation of the new system, focusing on the University of Tokyo, and based upon the author's first-hand experience.

Legal Doubletalk And The Concern With Positional Conflicts: A "Foolish Consistency"?, Helen A. Anderson

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This article argues that a legal positional conflict is not a true conflict of interest, and should not be the subject of an ethical prohibition. Because of the incentives it creates, a rule against positional conflicts gives greater control to wealthy clients over the availability of legal services without significantly protecting the rights of the poor or middle income clients. Business conflicts already exert significant pressure on lawyers; too much concern with potential positional conflicts only increases that pressure.

This article also argues that eliminating an ethical prohibition against potential conflicts could mitigate much of the credibility concerns raised by …

Assuring Access To Justice: The Role Of The Judge In Assisting Pro Se Litigants In Litigating Their Cases In New York City’S Housing Court, Paris R. Baldacci

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Law And The Law, Richard Henry Seamon

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In Memoriam: Norval Morris (1923-2004), Albert W. Alschuler, Franklin E. Zimring, James R. Coldren Jr., James B. Jacobs, Kathleen Hawk Sawyer

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Antitrust At The Global Level, Diane P. Wood

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Gideon In White/Gideon In Black: Race And Identity In Lawyering, Anthony V. Alfieri

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The Current Landscape Of Race: Old Targets, New Opportunities 2006 Survey Of Books Relating To The Law - Part Ii: Critical Race Theory & Constitutional Law, Richard Delgado

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Making Lawyers Compete, Lester Brickman

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The article argues that the market for contingent-fee-financed tort litigation is not price competitive, primarily due to uniform contingency fees charged by lawyers regardless of case-specific factors such as risk or effort required. This lack of competition leads to excessive costs for claimants and contributes to the expansion of tort liability. The author contends that the legal profession maintains this system through various barriers, including ethical rules and entry restrictions, which prevent competitive market forces from functioning effectively.

Teaching Ethics/Doing Justice, Anthony V. Alfieri

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To Discountenance The Haughty And The Lawless: The Ethics Of Dealing With Bad Clients, Donald L. Burnett Jr.

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The Market For Elite Law Firm Associates, Tom Ginsburg, Jeffrey A. Wolf

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Transforming Legal Education In Japan And Korea, Tom Ginsburg

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Professionalism's Second Wave: A Sampling Of Issues Arising Within Legal Education, Donald L. Burnett Jr.

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Keynote Address: Recalling Race, Gender And Sexuality: Outcrit Reflections On Legal Education, Social Identities And The "Rule Of Law" - A Call Toward Collective Insurrections, Francisco Valdes

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Mercy Lawyers, Anthony V. Alfieri

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Shout From Taller Rooftops: A Response To Deborah L. Rhode's Access To Justice Colloquium: Deborah L. Rhode's Access To Justice, Steven H. Hobbs

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Delivery Of Legal Services To Children In The Boston Area, Tamar Ezer

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The Process For Becoming A Law School Professor In The United States, Daniel H. Foote

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As the process of legal education reform in Japan, centered on the establishment of a new tier of professional graduate schools in law, moves forward, one issue that has arisen is how law professors will be trained in coming years. In that connection, I am frequently asked what the typical route is for training law school professors in the US. Based in part on an examination of the backgrounds prior to entering law teaching for over 500 law professors at eight US law schools and on personal experiences (including serving for three years on the appointments committee at the University …

Challenges To The Legal Profession In The New Millennium, Thomas R. Andrews

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In this paper I discuss four "ethical" challenges faced by the legal profession as we enter into a new millennium. I know that these are challenges faced by the profession in the United States. And from my brief stay in Japan, I think that they are challenges faced by your legal profession, as well. In the process of discussing these challenges, I will also discuss some recent developments in the United States regarding legal ethics.

Here are the challenges I will discuss:

1. The Challenge of a Unified Legal Profession.
2. The Challenge of a Modern Law Firm.
3. The Challenge Posed by …

A Law And Social Work Clinical Program For The Elderly And Disabled: Past And Future Challenges, Toby Golick, Janet Lessem

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This Article tells the story of our effort to establish an interdisciplinary law and social work program at Cardozo Bet Tzedek Legal Services (“CBT”), a law clinic at Benjamin N. Cardozo School of Law. The program is predicated on the belief that law and social work collaboration will benefit clients as well as students. The Article is primarily descriptive—telling what we did, why we did it, why we were disappointed with it, and how we changed the program. The Article also attempts to continue a constructive critique, on the assumption that even if something is not broken, it can be …

Effective Hourly Rates Of Contingency-Fee Lawyers: Competing Data And Non-Competitive Fees, Lester Brickman

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The article critically examines the impact of contingency fees on the tort system, arguing that these fees have risen significantly over the past few decades without a corresponding increase in risk, leading to exploitative practices that harm clients and drive up costs. The author challenges Herbert Kritzer's research on contingency fees, asserting that Kritzer's data underestimates the true earnings of specialized contingency-fee lawyers and fails to represent national trends accurately. The article advocates for reforms to align contingency fees more closely with the actual risk and effort involved in cases, ensuring fairness for clients and reducing systemic inefficiencies.

The Laconomics Of Apples And Oranges: A Speculative Analysis Of The Economic Concept Of Commensurability, Jeanne L. Schroeder

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The article challenges the commensurability debate, arguing that the opposition between commensurability and incommensurability is not a resolvable conflict but a necessary paradox rooted in human subjectivity and symbolic thought. Drawing on the philosophical traditions of Kant, Hegel, and Lacan, the analysis posits that both quantitative and qualitative aspects are essential in legal and economic decision-making, emphasizing the need to manage rather than resolve this paradox. The speculative approach suggests that rationality involves acknowledging and navigating this duality, rather than adhering to one side of the debate.

Unfair Evictions: Where Fair Housing And Landlord-Tenant Law Intersect, Geoffrey Heeren

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Multijurisdictional Practice: An Emerging Issue For A Changing Profession, Donald L. Burnett Jr.

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The Market For Elite Law Firm Associates, Tom Ginsburg, Jeffrey A. Wolf

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Lawyers And Truth-Telling, Albert Alschuler

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Enron, Sarbanes-Oxley And Accounting: Rules Versus Principles Versus Rents, William Wilson Bratton

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The Constitutional Tension Between Apprendi And Mckeiver: Sentence Enhancements Based On Delinquency Convictions And The Quality Of Justice In Juvenile Courts, Barry C. Feld

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In Apprendi v. New Jersey, the Supreme Court ruled that any fact that increases the penalty for a crime “other than the fact of a prior conviction” must be submitted to a jury and proved beyond a reasonable doubt. Apprendi exempted the fact of a prior conviction from its holding because criminal defendants enjoyed a constitutional right to a jury trial at the time the state obtained that conviction which assured the accuracy and reliability of the prior record. By contrast, a plurality of the Supreme Court in McKeiver v. Pennsylvania denied juvenile delinquents a constitutional right to a jury …