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Suing The Devil: A Guide For Practitioners, Charles M. Yablon Feb 2000

Suing The Devil: A Guide For Practitioners, Charles M. Yablon

Articles

The essay humorously argues that suing the Devil is a viable legal strategy, challenging the perception of his invincibility. It provides a guide on navigating the procedural and substantive legal challenges involved, suggesting that the Devil's legal vulnerabilities make him a feasible target for litigation.


Preserving The Integrity Of Mediation Through The Adoption Of Ethical Rules For Lawyer-Mediators, Maureen Laflin Jan 2000

Preserving The Integrity Of Mediation Through The Adoption Of Ethical Rules For Lawyer-Mediators, Maureen Laflin

Articles

No abstract provided.


Using Technology To Educate The Public, Stephen M. Johnson Jan 2000

Using Technology To Educate The Public, Stephen M. Johnson

Articles

While the primary focus of any law faculty will always be its law students, the Internet and other new technologies enable law teachers to assume a central role in providing free legal education to the public. Although many schools are experimenting with distance learning and computer-assisted legal educa- tion to train law students, the real power of those tools may be their potential to facilitate public access to legal information. Traditionally, educating the general public has not been a primary responsibility of law professors, but today we have not only an opportunity, but an obligation, to develop computer-based legal education …


Prosecuting Violence/Reconstructing Community, Anthony V. Alfieri Jan 2000

Prosecuting Violence/Reconstructing Community, Anthony V. Alfieri

Articles

For two centuries, the private violence of American history has paraded into courts for public trial. Often dramatized by the spectacle of rape and murder, the public trials of private violence increasingly are seen to decide the fates of both the accused and the victim of crime. The fate of community, whether the community of the victim, the accused, or the public, seems at first blush untouched by such trials. Like victims and their families, however, communities struck by violence suffer profound loss. That loss is expressed in the destruction of public discourse, reason, and citizenship. This public ruin is …


Legal Education In The Digital Age, Stephen M. Johnson Jan 2000

Legal Education In The Digital Age, Stephen M. Johnson

Articles

The reports of the demise of traditional law school teaching methods have been greatly exaggerated, however. Historically, reforms in legal education have moved glacially. For reasons described in this Article, it is unlikely that law schools and the American Bar Association will radically restructure legal education in the coming decades, regardless of any potential benefits. Part I of this Article provides a short history of legal education and the introduction of technology into legal education. Part H examines the potential use of technology to enhance traditional law school teaching, or to replace it with "classroom-free" or "extended classroom" teaching methods. …


The Design And Interpretation Of Contracts: Why Complexity Matters, Eric A. Posner, Karen Eggleston, Richard Zeckhauser Jan 2000

The Design And Interpretation Of Contracts: Why Complexity Matters, Eric A. Posner, Karen Eggleston, Richard Zeckhauser

Articles

No abstract provided.


University Of Idaho College Of Law Clinical Program, Maureen Laflin Jan 2000

University Of Idaho College Of Law Clinical Program, Maureen Laflin

Articles

No abstract provided.


Strategic Directions In Legal Education For Idaho: The Report Of A Special Panel Appointed By The President Of The University Of Idaho, Donald L. Burnett Jr. Jan 2000

Strategic Directions In Legal Education For Idaho: The Report Of A Special Panel Appointed By The President Of The University Of Idaho, Donald L. Burnett Jr.

Articles

No abstract provided.


Idaho Court Assistance Office Project (Caop) Update, Patrick D. Costello Jan 2000

Idaho Court Assistance Office Project (Caop) Update, Patrick D. Costello

Articles

No abstract provided.


Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes Jan 2000

Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes

Articles

No abstract provided.


The Sounds Of Silence: The Libertarian Ethos Of Erisa Preemption, Stephen F. Befort, Christopher J. Kopka Jan 2000

The Sounds Of Silence: The Libertarian Ethos Of Erisa Preemption, Stephen F. Befort, Christopher J. Kopka

Articles

In the Winter of 1996, the Harvard Journal on Legislation published an article entitled in part, The Last Article About the Language of ERISA Preemption?' Absent the question mark, one might have thought it a bold (and hopefully accurate) statement. Yet, as the question mark suggests, no scholar has been able to provide the definitive answer regarding the scope of ERISA preemption.


Not "If" But "How": Reflecting On The Aba Commission's Recommendations On Multidisciplinary Practice, John H. Matheson, Edward S. Adams Jan 2000

Not "If" But "How": Reflecting On The Aba Commission's Recommendations On Multidisciplinary Practice, John H. Matheson, Edward S. Adams

Articles

Multidisciplinary practice (MDP) has been aptly described as the, "most important issue facing the legal profession today." The American Bar Association's Commission on Multidisciplinary Practice (Commission) surprised most observers on June 8, 1999 by recommending that the American Bar Association (ABA) amend the Model Rules of Professional Conduct (Model Rules) to allow lawyers to combine with, and share fees with, other professionals within a single professional entity. Under the proposal, lawyers could create partnerships with accountants, developers, engineers, bankers, and all other professionals, thereby giving clients access to one-stop shopping at multidisciplinary firms.


Shifting Power For Battered Women: Law, Material Resources, And Poor Women Of Color, Donna Coker Jan 2000

Shifting Power For Battered Women: Law, Material Resources, And Poor Women Of Color, Donna Coker

Articles

No abstract provided.


Michigan's Minority Graduates In Practice: The River Runs Through Law School, Richard O. Lempert, David L. Chambers, Terry K. Adams Jan 2000

Michigan's Minority Graduates In Practice: The River Runs Through Law School, Richard O. Lempert, David L. Chambers, Terry K. Adams

Articles

This paper reports the results of a 1997-98 survey designed to explore the careers of the University of Michigan Law School's minority graduates from the classes of 1970 through 1996, and of a random sample of Michigan Law School's white alumni who graduated during the same years. It is to date the most detailed quantitative exploration of how minority students fare after they graduate from law school and enter law practice or related careers. The results reveal that almost all of Michigan Law School's minority graduates pass a bar exam and go on to have careers that appear successful by …


Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach Jan 2000

Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach

Articles

When mediators try to resolve a controversy by providing their analysis of the legal – or other – merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral’s judgment, award or opinion to determine or jump-start a resolution. This article urges that this add-on activity to mediation should be called by its proper name. The essay highlights the advantages of calling "mediation plus evaluation" a mixed process and discusses the advantages of having an eclectic and diverse mix of processes from which parties and counsel can choose to promote party …


The Costs Of Confidentiality And The Purpose Of Privilege, Melanie B. Leslie Jan 2000

The Costs Of Confidentiality And The Purpose Of Privilege, Melanie B. Leslie

Articles

No abstract provided.


Learning And Serving: Pro Bono Legal Services By Law Students, David L. Chambers, Cynthia F. Adcock Jan 2000

Learning And Serving: Pro Bono Legal Services By Law Students, David L. Chambers, Cynthia F. Adcock

Articles

All lawyers' codes of professional ethics in the United States expect members of the bar to perform legal services for low-income persons. In practice, as we all know, many lawyers perform a great deal of such service while others do little or none. By much the same token, the accreditation rules of the American Bar Association urge all law schools to provide students with opportunities to do pro bono legal work; by much the same token, some schools in the United States have extensive programs for their students but many do not. In 1998, the Association of American Law Schools …


Building Pediatric Law Careers: The University Of Michigan Law School Experience, Melissa Breger, Suellyn Scarnecchia, Frank E. Vandervort, Naomi Woloshin Jan 2000

Building Pediatric Law Careers: The University Of Michigan Law School Experience, Melissa Breger, Suellyn Scarnecchia, Frank E. Vandervort, Naomi Woloshin

Articles

There are several obstacles to training and supporting pediatric lawyers. Children are a relatively new group of clients and law schools have not traditionally provided pediatric training. The required training is particularly challenging to deliver because it is inherently interdisciplinary, requiring faculty and students to look outside of the law school to obtain necessary knowledge. The greatest obstacle to developing the careers of pediatric lawyers is the low pay and low prestige typically afforded children's lawyers. As a result, law students reasonably question the likelihood of developing a successful career in the field. The number of available jobs is limited …


Uncoupling The Law Of Takings, Michael A. Heller, James E. Krier Jan 2000

Uncoupling The Law Of Takings, Michael A. Heller, James E. Krier

Articles

The law of takings couples together matters that should be treated independently. The conventional view, shared by courts and commentators alike, has been that any takings case can be resolved in one of two ways: either there is a taking and compensation is due, or there is no taking and no compensation is due. These results are fine as long as one holding or the other serves the two central concerns of the Takings Clause - eficiency and justice. But a problem arises when the two purposes behind the law of takings come into cordhct, as they readily might. It …


Legal Representation For Children In Protection Proceedings: Two Distinct Lawyer Roles Are Required, Donald N. Duquette Jan 2000

Legal Representation For Children In Protection Proceedings: Two Distinct Lawyer Roles Are Required, Donald N. Duquette

Articles

The thesis of this article is that it is a mistake to try to develop a single lawyer role for children in protection cases which tries to accommodate their developing capacities from infants to articulate teens. Sometimes a child needs a traditional attorney; sometimes a best interests advocate. We should adopt different standards for the different lawyer roles. Trying to define a single lawyer role for children of all ages and all capacities is an impossible task. This article argues that we should resolve the ambivalence not by adopting a client-directed or a best interests approach, but by having two …


Why Lawyers Have Often Worn Strange Clothes, Claimed To Work For Free--And Been Hated, Hugh D. Spitzer Jan 2000

Why Lawyers Have Often Worn Strange Clothes, Claimed To Work For Free--And Been Hated, Hugh D. Spitzer

Articles

Why have lawyers and judges always adorned themselves in ancient regalia? Obviously, they must symbolically transform themselves from private individuals into "law speakers" for the community. They become tools of a longstanding legal system, and special clothes offer clues to others (and reminders to themselves) that they have special responsibilities, both to their clients and to the community at large. The "retro" clothes that lawyers and judges wear also remind everyone that law is old that it isn't meant to change rapidly, and that it offers stability and predictability in a changing world.


Professionalism: Restoring The Flame, Donald L. Burnett Jr. Jan 1999

Professionalism: Restoring The Flame, Donald L. Burnett Jr.

Articles

No abstract provided.


Professionalism: Restoring The Flame, Donald L. Burnett Jr. Jan 1999

Professionalism: Restoring The Flame, Donald L. Burnett Jr.

Articles

No abstract provided.


Confronting Developmental Barriers To The Empowerment Of Child Clients, Emily Buss Jan 1999

Confronting Developmental Barriers To The Empowerment Of Child Clients, Emily Buss

Articles

No abstract provided.


Tribute To Curtis J. Berger, Michael H. Schill Jan 1999

Tribute To Curtis J. Berger, Michael H. Schill

Articles

No abstract provided.


Courthouse Assistance Offices, Patrick D. Costello Jan 1999

Courthouse Assistance Offices, Patrick D. Costello

Articles

No abstract provided.


(Er)Race-Ing An Ethic Of Justice, Anthony V. Alfieri Jan 1999

(Er)Race-Ing An Ethic Of Justice, Anthony V. Alfieri

Articles

No abstract provided.


Elder Law-Related Organizations On The Internet, Robin Schard Jan 1999

Elder Law-Related Organizations On The Internet, Robin Schard

Articles

No abstract provided.


The African American, Latino, And Native American Graduates Of One American Law School, 1970-1996, David L. Chambers, Richard O. Lempert, Terry K. Adams Jan 1999

The African American, Latino, And Native American Graduates Of One American Law School, 1970-1996, David L. Chambers, Richard O. Lempert, Terry K. Adams

Articles

In the spring of 1965, only one African American student and no Latino students attended the University of Michigan Law School. At the time, Michigan, like most American law schools, was a training place for white males. In 1966, the law school faculty adopted a new admissions policy that took race into account as a plus factor in the admissions process. This policy of affirmative action has taken many forms over the years, but, across the decades of the 1970's, the 1980's and the 1990's, about 800 African Americans, 350 Latinos, 200 Asian Americans and 100 Native Americans have graduated …


In Memoriam: Lewis F. Powell, Jr., Christina B. Whitman Jan 1999

In Memoriam: Lewis F. Powell, Jr., Christina B. Whitman

Articles

At the time of his resignation, Justice Lewis F. Powell, Jr. was justly praised as a moderate, flexible jurist - open-minded, suspicious of ideology, most often found at the center of a divided Supreme Court. Yet Justice Powell was a man of deeply conservative instincts. Suspicious of invitations to expand the scope of individual constitutional rights, he was a participant and even a leader in the Court's reassertion of a federalism that emphasized deference to states and in its reinvigoration of restrictions on access to federal courts. His jurisprudence was all of a piece. Justice Powell's reluctance to expand federal …