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In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno Jan 1999

In-House Live-Client Clinical Programs: Some Ethical Issues, James E. Moliterno

Faculty Publications

No abstract provided.


Ethics Consult: Client Choice, Wise Counsel, And Economic Realities: The Forces That Shape The Representation Of Elders, Michael K. Mcchrystal Jan 1999

Ethics Consult: Client Choice, Wise Counsel, And Economic Realities: The Forces That Shape The Representation Of Elders, Michael K. Mcchrystal

Faculty Publications

The relationship between a client and attorney, while always complex, may become even more complicated when the client is elderly. This column explores three aspects of particular importance in such cases.


Failing Faith In Litigation? A Survey Of Business Lawyers' And Executives' Opinions, John M. Lande Apr 1998

Failing Faith In Litigation? A Survey Of Business Lawyers' And Executives' Opinions, John M. Lande

Faculty Publications

To provide a more systematic assessment of contemporary faith in litigation, this article looks at a particular context-- business litigation--and analyzes the opinions of three groups of respondents: lawyers in private law firms who do commercial litigation (“outside counsel”), lawyers employed in business firms who do some litigation (“inside counsel”), and nonlawyer executives in business firms (“executives”). These groups have the greatest exposure to litigation in the corporate setting; furthermore, because they play powerful roles in our political, economic, and social life as well as the legal system, their opinions influence public opinion more generally.


Quo Vadis, Posadas?, William W. Van Alstyne Apr 1998

Quo Vadis, Posadas?, William W. Van Alstyne

Faculty Publications

No abstract provided.


The Wisconsin Lawyer In The Gilded Age: A Demographic Profile, J. Gordon Hylton Jan 1998

The Wisconsin Lawyer In The Gilded Age: A Demographic Profile, J. Gordon Hylton

Faculty Publications

No abstract provided.


Responding To The Value Imperative: Learning To Create Value In The Resolution Of Disputes, Kenneth Margolis Jan 1998

Responding To The Value Imperative: Learning To Create Value In The Resolution Of Disputes, Kenneth Margolis

Faculty Publications

This article discusses another topic for clinical teachers to consider adding to their teaching agendas. In this paper, I identify the "value imperative" implicit in the attorney-client relationship and suggest that a perception by the client of high value in the relationship is necessary for its success. Briefly, I describe value in legal services as the client's perception of the ratio of benefits received from legal representation to the sacrifices necessary to obtain those benefits. The more the ratio favors benefits over sacrifices, the greater the value perceived by the client. I present a model describing value in legal services …


Chaos, Complexity, And Coevolution: The Web Of Law, Management Theory, And Law Related Services At The Millennium, Thomas Geu Jan 1998

Chaos, Complexity, And Coevolution: The Web Of Law, Management Theory, And Law Related Services At The Millennium, Thomas Geu

Faculty Publications

No abstract provided.


All Or Nothing, Or Maybe Cooperation: Attorney General Power, Conduct, And Judgment In Relation To The Work Of An Independent Counsel, John Q. Barrett Jan 1998

All Or Nothing, Or Maybe Cooperation: Attorney General Power, Conduct, And Judgment In Relation To The Work Of An Independent Counsel, John Q. Barrett

Faculty Publications

This Article considers the allocation of power under the independent counsel law between the Attorney General along with the Department of Justice and the independent counsel whose appointment the Attorney General has triggered. Although the law explicitly transfers much of an Attorney General's lawful power to an independent counsel, it does not go far enough in reallocating that power. Thus, it leaves a fundamental gap between what the current statute purports independent counsel to be and what it actually empowers independent counsel to accomplish. After an introduction in Part I, Part II of this article reviews the current legal provisions, …


Gideon's Trumpet: Mournful And Muffled, Lewis R. Katz Jan 1997

Gideon's Trumpet: Mournful And Muffled, Lewis R. Katz

Faculty Publications

The scope of this article is four-fold: (1) a description of the principal methods used to provide legal assistance to persons charged with criminal offenses; (2) a discussion of when legal assistance is constitutionally required and actually needed; (3)


State Of Maine Property Tax Reform, Kim Bridgham, Annie Lunt Jan 1997

State Of Maine Property Tax Reform, Kim Bridgham, Annie Lunt

Faculty Publications

In January, 1997, Governor Angus King established a 10 person committee representing a broad cross-section of citizens interest to investigate what changes are needed in the Maine tax system to address the issue of high property taxes. The Governor's Select Committee on Property Tax Reform (the "Committee") was charged with examining how to reduce the burden of the property tax. The Committee was asked to recommend steps the State and local governments in Maine could take to reduce the burden of the property tax as well as changes in the way that the property tax is administered and collected to …


Consent, Contract, And The Responsibilities Of Insurance Defense Counsel, Robert H. Jerry Ii Jan 1997

Consent, Contract, And The Responsibilities Of Insurance Defense Counsel, Robert H. Jerry Ii

Faculty Publications

This paper examines some of the assumptions on which many contemporary assessments of defense counsel's relationship with the insurer and the policyholder rest, contends that some of the current turmoil in this area is traceable to shaky assumptions, and argues that the drafting of clearer liability insurance contracts would add stability to the relationships. Part I briefly describes the current uncertainty confronting policyholders and defense counsel. Part II explores what the most widely-used liability insurance contracts say about the responsibilities of insurance defense counsel, examining both the context in which these policies are sold and the texts themselves. It contends …


Preparing The New Law Graduate To Practice Law: A View From The Trenches, Rodney J. Uphoff, James J. Clark, Edward C. Monahan Jan 1997

Preparing The New Law Graduate To Practice Law: A View From The Trenches, Rodney J. Uphoff, James J. Clark, Edward C. Monahan

Faculty Publications

Most legal educators reject the premise that the primary mission of the law school is to train law students to practice law. Rather, most law professors claim that their primary function is to teach students to think like lawyers. To many commentators, however, the academic community's antipractice attitude has spawned an unhealthy dichotomy between theory and practice, a division within the academic community, and a chasm between law schools and the practicing bar. Moreover, this dissonance or gap between law school and practice significantly contributes to the fact that most law graduates are substantially unprepared to function as lawyers when …


Private Financing Of Criminal Prosecutions And The Differing Protections Of Liberty And Equality In The Criminal Justice System, Joseph E. Kennedy Jan 1997

Private Financing Of Criminal Prosecutions And The Differing Protections Of Liberty And Equality In The Criminal Justice System, Joseph E. Kennedy

Faculty Publications

No abstract provided.


A Symposium Precis, Thomas E. Baker Jan 1996

A Symposium Precis, Thomas E. Baker

Faculty Publications

No abstract provided.


Medical Advocates: A Call For A New Profession, Maxwell J. Mehlman Jan 1996

Medical Advocates: A Call For A New Profession, Maxwell J. Mehlman

Faculty Publications

No abstract provided.


Dreaming In America: In Honor Of Professor Trina Grillo, Stephanie M. Wildman Jan 1996

Dreaming In America: In Honor Of Professor Trina Grillo, Stephanie M. Wildman

Faculty Publications

No abstract provided.


Tribal Court Jurisprudence: A Snapshot From The Field, Frank Pommersheim Jan 1996

Tribal Court Jurisprudence: A Snapshot From The Field, Frank Pommersheim

Faculty Publications

No abstract provided.


On The Future Of Integration Between Skills And Ethics Teaching: Clinical Legal Education In The Year 2010, James E. Moliterno Jan 1996

On The Future Of Integration Between Skills And Ethics Teaching: Clinical Legal Education In The Year 2010, James E. Moliterno

Faculty Publications

Twelve years ago Anthony G. Amsterdam looked into the 21st century for a description of clinical legal education. With the decided advantage of being that much closer to the turn of the century, I think I will take a similar stab. This essay is less a contradiction of Amsterdam's predictions than it is a supplement with the advantages of the passage of time. I will adopt his 21st-century perspective and look at clinical legal education from the vantage point of the year 2010.


Professional Preparedness: A Comparative Study Of Law Graduates' Perceived Readiness For Professional Ethics Issues, James E. Moliterno Jul 1995

Professional Preparedness: A Comparative Study Of Law Graduates' Perceived Readiness For Professional Ethics Issues, James E. Moliterno

Faculty Publications

No abstract provided.


Ethics And The Law School: The Confusion Persists, Peter K. Rofes Jan 1995

Ethics And The Law School: The Confusion Persists, Peter K. Rofes

Faculty Publications

No abstract provided.


Essay: Lawyer Advertising, Professional Ethics, And The Constitution, Jonathan Van Patten Jan 1995

Essay: Lawyer Advertising, Professional Ethics, And The Constitution, Jonathan Van Patten

Faculty Publications

No abstract provided.


Abolish The Article 9 Filing System, Peter A. Alces Jan 1995

Abolish The Article 9 Filing System, Peter A. Alces

Faculty Publications

No abstract provided.


Attorney-Client Privilege, Ellen Kreitzberg Jul 1994

Attorney-Client Privilege, Ellen Kreitzberg

Faculty Publications

No abstract provided.


The Case Of A Lifetime, Richard C. Reuben Apr 1994

The Case Of A Lifetime, Richard C. Reuben

Faculty Publications

There is great difficulty in defining pro bono lawyering. The classic model is the practitioner who devotes time to representing a client in a civil or criminal matter. But some consider other legal relationships pro bono as well, such as service on the boards of directors of nonprofit organizations, legal work at reduced fees, and activities that improve the law and legal profession. In the case of organizations such as the ACLU and the NAACP LDF, pro bono means a mixture of much of the above, as public interest law firms work hand in hand with private lawyers and firms …


Limitation Of Legal Malpractice Actions: Defining Actual Injury And The Problem Of Simultaneous Litigation, Tyler T. Ochoa, Andrew Wilstrich Jan 1994

Limitation Of Legal Malpractice Actions: Defining Actual Injury And The Problem Of Simultaneous Litigation, Tyler T. Ochoa, Andrew Wilstrich

Faculty Publications

In this article, we will first review the development of the "actual injury" tolling provision in California, from its judicial adoption in 1971 to its legislative adoption in 1977. Second, we will explore the policies underlying the legal malpractice statute of limitation and the countervailing policies that may make delayed accrual or tolling desirable in situations involving simultaneous litigation. Third, we will examine case law applying the "actual injury" tolling provision to various fact situations and analyze potential legal solutions to the problem of defining "actual injury," including the doctrine of equitable tolling. Finally, we will demonstrate how the doctrine …


The National Probate Court Standards: The Role Of The Courts In Guardianship And Conservatorship Proceedings, Paula Hannaford-Agor, Thomas L. Hafemeister Jan 1994

The National Probate Court Standards: The Role Of The Courts In Guardianship And Conservatorship Proceedings, Paula Hannaford-Agor, Thomas L. Hafemeister

Faculty Publications

In this article, Ms. Hannaford and Professor Hafemeister confront the issue of who will ensure that the needs of the growing elderly population are met. The authors provide a history and overview of guardianship proceedings and also provide, for the first time, a quantitative description of guardianship usage in the United States. The authors assert that guardianships and conservatorships remain effective ways to pro­tect the rights of the incompetent elderly person. Although these remedies create a legal right in the guardian to manage the financial and medical welfare of the elderly client, the authors argue that a lack of procedural …


An Assessment Of Past Extramural Reforms Of The U.S. Courts Of Appeals, Thomas E. Baker Jan 1994

An Assessment Of Past Extramural Reforms Of The U.S. Courts Of Appeals, Thomas E. Baker

Faculty Publications

Professor Baker posits several radical changes to the structure of the federal appellate courts to ease the growing caseload. First, he suggests restricting the jurisdiction of the federal district courts. Second, Professor discusses the merits of using alternative dispute resolution. Next, he discusses the merits and pitfalls of expanding, dividing and even establishing a specialized appellate judiciary. Finally, he discusses improving federal legislation to ease the load on the federal appellate courts.


Urban Revitalization And Community Finance: An Introduction, Peter R. Pitegoff Jan 1994

Urban Revitalization And Community Finance: An Introduction, Peter R. Pitegoff

Faculty Publications

"In his 1933 poem Burn the Cities, Nathanael West, the iconoclastic American novelist and urban radical, portrays the city as a focal point of discontent and of anguish for the world's predicament.2 From Jerusalem to Paris and finally to London, the poem winds through distressing urban imagery with scant opportunity for escape. The implicit modicum of hope is an overthrow of the present order. From older cities abroad, West imports an apocalyptic vision of cities at home."


Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins Jan 1994

Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins

Faculty Publications

With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation in the …


Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins Jan 1994

Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins

Faculty Publications

No abstract provided.