Digital Commons Network^™

Toward A Unified Theory Of Professional Regulation, Andrew M. Perlman

Suffolk University Law School Faculty Works

The Bar has addressed several issues in recent years that impact the legal profession's structure, including rules relating to multidisciplinary practice, multijurisdictional practice, and client solicitations. Unfortunately, theories of legal ethics have not focused on these rules, but have instead concentrated on regulations that govern how lawyers represent their clients, such as the duty of confidentiality or rules against the presentation of perjured testimony. This article contends that, by applying ethics theories to the structural rules, an additional justification emerges for more progressive regulations. Specifically, the article concludes that traditional theories can supplement existing calls for multidisciplinary practices, more liberal …

Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne

Faculty Publications

No abstract provided.

Exodus: 40 Years Of Deinstitutionalization And The Failed Promise Of Community-Based Care, Ted Frankel

Dalhousie Journal of Legal Studies

The increasing number of Canadians with mental illness who are left uncared for and roaming the streets represents a huge failing that is not being seriously addressed in our society. Initially thought to be humane and progressive, "deinstitutionalization" has resulted in a very different reality for thousands of people with mental illness who have been released into the community. Many of those liberated from mental institutions and asylums have made an uneasy transition to life on the "outside", sometimes with tragic consequences. The question for consumers of mental health services now is not whether the current system is failing but …

The Art Of Legislative Lawyering And The Six Circles Theory Of Advocacy, Chai R. Feldblum

Georgetown Law Faculty Publications and Other Works

A "legislative lawyer" is a person who exists in Washington, D.C., and in almost every city and state in this country where legislation and administrative regulations are developed. But most people do not know who that person is or what that person does. In fact, most advocacy organizations that should be hiring legislative lawyers have no idea who a legislative lawyer is.

The author coined the term "legislative lawyer" when she created a Federal Legislation Clinic at the Georgetown University Law Center in Washington, D.C. over a decade ago. The author needed to explain to her faculty colleagues what type …

Ethics, Law Firms, And Legal Education, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

A rash of recent corporate scandals has once again put professional ethics in the spotlight. It's hard to pick up the Wall Street Journal each day and not read that authorities have launched a new investigation or that additional indictments are imminent. Stories of financial fraud and outright looting have galvanized the public and shaken the economy. What ethical lessons can we draw from these events? Two explanations seem especially prominent. The first is a story of individuals without an adequate moral compass. Some people's greed and ambition were unchecked by any internal ethical constraints. For such deviants, no amount …

The Growing Impact Of Non-State Actors On The International And European Legal Systems, Angela M. Banks

Faculty Publications

No abstract provided.

Incremental Bar Admission: Lessons From The Medical Profession, Jayne W. Barnard, Mark Greenspan

Faculty Publications

No abstract provided.

A Short History Of Poverty Lawyers In The United States, Deborah J. Cantrell

Publications

No abstract provided.

Helping The Pro Se Litigant: A Changing Landscape, Paula Hannaford-Agor

Faculty Publications

This article describes how the influx of self-represented litigants has forced many within the court and legal communities to reconsider some of the fundamental premises on which the civil justice system is based and to respond in new and creative ways to changing litigant demands on existing court and legal resources. It focuses on changes to the delivery of legal services to low- and moderate-income people, especially the emergence of “unbundled” legal services, and addresses the practical implications related to the distinction between legal information and legal advice. Finally, it describes how judges and court staff are rethinking the conceptual …

Bulletin 2003-2004, Seattle University School Of Law

Viewbooks

No abstract provided.

Raising The Tax Bar: Redefining The Roles Of Accountants And Lawyers For A Practical Solution To The Multidisciplinary Practice Debate, Janice A. Alwin, Jason P. Eckerly

DePaul Business & Commercial Law Journal

No abstract provided.

The Pedagogy Of Domestic Violence Law: Situating Domestic Violence Work In Law Schools, Adding The Lenses Of Race And Class, Sarah M. Buel

American University Journal of Gender, Social Policy & the Law

No abstract provided.

H. Delbert Welker V. Respondent : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal From the Third District Court, Salt Lake County, Judge Robin W. Reese

Silicon Ceilings: Information Technology Equity, The Digital Divide And The Gender Gap Among Information Technology Professionals, Andrea M. Matwyshyn

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

I Don’T Have Time To Be Ethical: Addressing The Effects Of Billable Hour Pressure, Susan S. Fortney

Hofstra Law Faculty Scholarship

This article discusses the unintended consequences of the billable hour derby and suggests changes to address the deleterious effects of increasing billable hour requirements. A brief introduction identifies law firms’ recent tendency to increase the billable hour requirements to fund the heightened salaries of associates. This article analyzes the results from an empirical study focused on the effects of billable hour expectations and firm cultures. Part I generally reviews the study findings. Part II discusses the work and report of the ABA Commission, while Part III indentifies those issues and approaches that the ABA and firm managers should explore. Recognizing …

Legal Malpractice Insurance: Surviving The Perfect Storm, Susan Saab Fortney

Hofstra Law Faculty Scholarship

This article serves as a practical guide to legal malpractice insurance. Part I introduces the topic of legal malpractice insurance with a brief overview of the changes that occurred in market conditions in 2000 and the subsequent effect on insurance premiums and coverage. Part II outlines the different types of insurance coverage that are available to legal professionals by describing common policy terms, exclusions, and conditions that affect coverage. Part III describes changes in law firms that may affect coverage. Part IV provides legal professionals with useful advice to consider when choosing an insurance policy. Part V reveals important factors …

The Effect Of Buckhannon On The Awarding Of Attorney Fees, Leon Friedman

Hofstra Law Faculty Scholarship

In 2001, the United States Supreme Court decided Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health and Human Resources, which destroyed the so-called catalyst theory. The catalyst theory refers to the bringing of a lawsuit, but prior to the conclusion of the suit, the defendant settles with the plaintiff according to the plaintiffs basic original demand for relief. Every circuit except the Fourth Circuit had held that if you are a catalyst for a change in the defendant's conduct, you "prevailed" in the suit. Therefore, the plaintiff should be entitled to legal fees. In Buckhannon …

Enron - When All Systems Fail: Creative Destruction Or Roadmap To Corporate Governance Reform, Douglas M. Branson

Villanova Law Review (1956 - )

No abstract provided.

Is There A Role For Lawyers In Preventing Future Enrons, Jill E. Fisch, Kenneth M. Rosen

Villanova Law Review (1956 - )

No abstract provided.

Clarifying The Content-Based/Content Neutral And Content/Viewpoint Determinations, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.

The Relationship Between Bail Decision-Making And Legal Representation Within The Criminal Justice System, Alfred Allan, Maria M. Allan, Margaret Giles, Deirdre Drake

Research outputs pre 2011

The primary aim of this study was to examine the relationship between legal representation and bail decision-making within the criminal justice system in Western Australia. In doing so it was necessary to "rule out" a number of other factors and this process provided the opportunity to test whether some of the factors mentioned in the literature, such as age and race, have an independent effect on bail decision-making. The data also provided a valuable snapshot of bail decision-making in the Courts of Petty Sessions and the Perth Children’s Court...

Equitable Power To Award Attorney's Fees: The Seductive Appeal Of Benefit, Lloyd C. Anderson

South Dakota Law Review

No abstract provided.

From Violent Crime To Terrorism: The Changing Basis Of The Federal, State And Local Law Enforcement Dynamic, Daniel C. Richman

Faculty Scholarship

Two lines of questions dominate discussions about how the nation ought to respond at home to the new (or rather newly perceived) terrorist threat: How do we ensure that information about potential terrorist activities is effectively gathered, shared, and used? And how do we ensure that the Government neither abuses the investigative authority we give it, nor demands more authority than it needs? Each line can profitably be pursued in its own terms. Yet to keep the conversations separate is to miss seeing how the very process of creating an effective domestic intelligence network may introduce a salutary level of …

Inter-American Court Of Human Rights Amicus Curiae Brief: The United States Violates International Law When Labor Law Remedies Are Restricted Based On Workers' Migrant Status, Sarah H. Cleveland, Beth Lyon, Rebecca Smith

Faculty Scholarship

Immigrant workers in the United States of America are among the most poorly paid and poorly treated in the workforce. Amici’s attempts to protect the rights of immigrants, including unauthorized workers, have been severely hampered by domestic U.S. laws that discriminate on the basis of alienage and immigration status, and especially by a recent decision of the United States Supreme Court in Hoffman Plastic Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137 (2002).

Immigrant workers in particular employment-related visa categories are explicitly excluded from the protections of certain U.S. labor and employment laws. So, too, immigrant workers …

Summary Of Sellers V. Fourth Judicial Dist. Ct., Nevada Law Journal

Nevada Supreme Court Summaries

The real party in interest Richard Matthews brought an action for unpaid attorney’s fees against the petitioner Dean Sellers in Elko, Nevada’s Justice Court. Both Matthews, an attorney, and Sellers, a non-attorney, represented themselves. The court entered judgment for Matthews. The award included Matthews’ principle claim of $5,075.00, pre-judgment interest, costs of $230.001 and attorney’s fees of $1,500.002. Sellers unsuccessfully appealed to the District Court.3 Subsequently, Sellers filed a proper person petition for a writ of certiorari in the Nevada Supreme Court. The petition challenged the justice court’s judgment awarding damages, pre-judgment interest, costs and attorney fees. The court granted …

Summary Of State V. Dist. Ct., 119 Nev. Adv. Op. 68, Kathleen Hamers

Nevada Supreme Court Summaries

Petition for writ of mandamus to prevent enforcement of family court order compelling release of names and addresses of the natural and adoptive parents of the siblings of A.M.S. (real party in interest), a minor child.

Let Unions Be Unions: Allowing Grants Of Benefits During Representation Campaigns, Michael Hayes

All Faculty Scholarship

Unions exist to provide assistance to employees; this is their reason for being. Yet once a union begins a campaign to represent a group of employees, it is legally barred from extending tangible assistance to the workers. The National Labor Relations Board ("NLRB" or the "Board") and courts deem a union grant of benefits to employees during or prior to a representation campaign objectionable conduct that requires setting aside the results of the representation election and holding another election.

This article's proposal to open the door to unconditional union benefits during an organizing campaign will likely be controversial. Part of …

Engaging With The State: The Growing Reliance On Lawyers And Judges To Protect Battered Women, Jane C. Murphy

All Faculty Scholarship

The passage of the federal Violence Against Women Act of 2000 (“VAWA II”) marked an important milestone in the evolution of the domestic violence movement. VAWA II created, among other things, a complex system for state and federal funding in all fifty states to provide civil legal assistance to battered women. Its passage completed a process that began in the early 1980s when domestic violence advocates shifted their focus from grass roots efforts to help battered women and their children leave abusive partners to building alliances with government and advocating for legal remedies to assist battered women. This paper looks …

A Unified Family Court, Barbara A. Babb

All Faculty Scholarship

No abstract provided.

Law As Social Work, Jane H. Aiken, Stephen Wizner

Georgetown Law Faculty Publications and Other Works

In our work as lawyers for low income clients and as clinical teachers, we are sometimes told by our professional counterparts in private practice - especially those who work in large corporate firms - that what we do "isn't law, it's social work." Similarly, our students sometimes complain that the work they do on behalf of low income clients "isn't law, it's social work." In the past we have tended to respond to this "social worker" charge defensively. We insisted that what we and our students do is "law," that it is really no different from what private practitioners do …