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Articles 841 - 870 of 1047
Full-Text Articles in Entire DC Network
Legal Ethics In An Adversary System: The Persistent Questions, Deborah L. Rhode
Legal Ethics In An Adversary System: The Persistent Questions, Deborah L. Rhode
Hofstra Law Review
No abstract provided.
Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel
Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel
Hofstra Law Review
Monroe Freedman is well known as a proponent of the "standard conception" of legal ethics - that is, that a lawyer cannot be criticized in moral terms for actions taken in a representative capacity. Surprisingly, however, Freedman has argued that client selection is a decision for which a lawyer may be required to provide a justification in ordinary moral terms. This apparent inconsistency reveals a conceptual distinction in normative ethical theory, which is often blurred, between justifying a practice (in this case, the legal system or some specialized practice such as criminal defense) and justifying an action falling within the …
Creating Space For Lawyers To Be Ethical: Driving Towards An Ethic Of Transparency, Burnele V. Powell
Creating Space For Lawyers To Be Ethical: Driving Towards An Ethic Of Transparency, Burnele V. Powell
Hofstra Law Review
No abstract provided.
Power As A Factor In Lawyers' Ethical Deliberation, Susan D. Carle
Power As A Factor In Lawyers' Ethical Deliberation, Susan D. Carle
Hofstra Law Review
A fundamental disagreement among legal ethics scholars concerns the difference between client-centered and justice-centered approaches to lawyers' ethical obligations. Advocates of client-centered approaches put lawyers' duty to the client first. Justice-centered theorists critique the elevation of the client's interests over other important concerns lawyers affect through the work they do on behalf of clients. Scholars who adopt justice-centered approaches argue that lawyers' ethical obligations should be analyzed with a paramount focus on achieving justice.
Legal ethicists often view these two approaches as inconsistent with each other, but I argue in this Article that they are not necessarily so. Building on …
The Consequences Of Arbitrating A Legal Malpractice Claim: Rebuilding Faith In The Legal Profession, Louis A. Russo
The Consequences Of Arbitrating A Legal Malpractice Claim: Rebuilding Faith In The Legal Profession, Louis A. Russo
Hofstra Law Review
No abstract provided.
The Fall Of Legal Ethics And The Rise Of Risk Management, Anthony V. Alfieri
The Fall Of Legal Ethics And The Rise Of Risk Management, Anthony V. Alfieri
Articles
No abstract provided.
Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver
Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver
Articles by Maurer Faculty
This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools to new competition from foreign …
Detaining Due Process: The Need For Procedural Reform In Joseph Hearings After Demore V. Kim, Shalini Bhargava Ray
Detaining Due Process: The Need For Procedural Reform In Joseph Hearings After Demore V. Kim, Shalini Bhargava Ray
Articles
No abstract provided.
Lessons On Lawyers, Democracy, And Professional Responsibility, Kenneth M. Rosen
Lessons On Lawyers, Democracy, And Professional Responsibility, Kenneth M. Rosen
Articles
No abstract provided.
Turning The Firm Into A School: Help Your Associates Learn To Draft Contracts – The Right Way, Charles C. Lewis
Turning The Firm Into A School: Help Your Associates Learn To Draft Contracts – The Right Way, Charles C. Lewis
Other Publications
No abstract provided.
Children’S Regulatory Law Reporter, Vol. 6, No. 1 (2006), Children's Advocacy Institute, University Of San Diego School Of Law
Children’S Regulatory Law Reporter, Vol. 6, No. 1 (2006), Children's Advocacy Institute, University Of San Diego School Of Law
Children's Regulatory Law Reporter
No abstract provided.
Dedication To Dr. Michael P. Roche, James W. Abbott, Laura L. Ask, Roxie Boettcher, Carmen Cook, Jennifer Daugherty, Gregory J. Erlandson, Kathryn E. Ford, Cheryle Wiedmeier Gering, Gary Gurwell, Gloria Gurwell, Karen A. Hattervig, Thomas G. Hohenthaner, Scott Hoy, Margo Julius, Nora Kane, Kirsten Libby, Stephen C. Lindly, Sandy Mckeown, Trudy A. Morgan, Rich W. Orr, Frank Pommersheim, Vincent Michael Roche, Dean J. Spader, Michael W. Strain, James R. Talcott
Dedication To Dr. Michael P. Roche, James W. Abbott, Laura L. Ask, Roxie Boettcher, Carmen Cook, Jennifer Daugherty, Gregory J. Erlandson, Kathryn E. Ford, Cheryle Wiedmeier Gering, Gary Gurwell, Gloria Gurwell, Karen A. Hattervig, Thomas G. Hohenthaner, Scott Hoy, Margo Julius, Nora Kane, Kirsten Libby, Stephen C. Lindly, Sandy Mckeown, Trudy A. Morgan, Rich W. Orr, Frank Pommersheim, Vincent Michael Roche, Dean J. Spader, Michael W. Strain, James R. Talcott
South Dakota Law Review
No abstract provided.
Bankruptcy And Creditors' Rights, Roger S. Cox, Marc W. Taubenfeld
Bankruptcy And Creditors' Rights, Roger S. Cox, Marc W. Taubenfeld
SMU Law Review
No abstract provided.
Reflections On Law Schools And The Idea Of The University, Thomas E. Baker
Reflections On Law Schools And The Idea Of The University, Thomas E. Baker
Faculty Publications
Thomas Baker is one of the founding faculty members of the Florida International University College of Law and this article is based on a speech delivered in October of 2002 during the university's Annual Faculty Convocation. It details the composition of both the entering classes and the law faculty and discusses the law school's mission to provide opportunities for minorities to attain representation in the legal profession that is proportionate to their representation in the population. It explores the role of law schools in higher education and notes the FIU College of Law's efforts to incorporate important developments in the …
Community Economic Development Under Protest, Ngai Pindell
Community Economic Development Under Protest, Ngai Pindell
William Mitchell Law Review
No abstract provided.
How Children’S Lawyers Serve State Interests, Martin Guggenheim
How Children’S Lawyers Serve State Interests, Martin Guggenheim
Faculty Articles
I am pleased to be a part of this conference and to have this opportunity to expand my focus of concern over providing children with lawyers from the details of the role of lawyers to a consideration of the costs associated with providing them. This article is limited to the subject of representing children in child welfare cases. In this article, I will recount the history of child welfare practice in New York City. I do this because it is a history I know best, having practiced there since I graduated from law school in 1971. I also believe this …
Commentary: Mental Health Legislation, Michael L. Perlin
Commentary: Mental Health Legislation, Michael L. Perlin
Other Publications
No abstract provided.
Pay For Performance: Will It Work In Theory, William M. Sage
Pay For Performance: Will It Work In Theory, William M. Sage
Faculty Scholarship
The title of my lecture about pay for performance in health care (often abbreviated as "P4P") echoes a French management saying: "It's all very well in practice, but it will never work in theory." There is no doubt that medical pay for performance is popular. P4P initiatives are everywhere; a search of online news reveals nearly 2,500 stories about pay for performance in the last two years alone. Folk legend Arlo Guthrie would have called P4P a movement-a "Pay for Performance Medical Quality Movement." But before you join in, you might want to know what you are joining. So let's …
Access To Justice And The Evolution Of Class Action Litigation In Australia, Camille Cameron, Bernard Murphy
Access To Justice And The Evolution Of Class Action Litigation In Australia, Camille Cameron, Bernard Murphy
Articles, Book Chapters, & Popular Press
The federal and Victorian class action regimes are intended to facilitate aggregation of multiple claims. Aggregation can improve efficiency by combining similar claims and can enhance access to justice by providing a mechanism to litigate small claims. This article considers whether these efficiency and access aims are being achieved. The authors argue that whilst some developments in class action jurisprudence have been consistent with these legislative aims, other have not. Several features of Australian class action jurisprudence and practice have hampered the healthy development of the legislative regimes, including adverse costs orders, unclear threshold requirements, evasive posturing and unresolved class …
People, Times, Law School Leadership Join To Launch South Africa Program, David L. Chambers
People, Times, Law School Leadership Join To Launch South Africa Program, David L. Chambers
Articles
Professor Emeritus David Chambers launched Michigan Law’s South Africa externship program 10 years ago just as that country was emerging from apartheid and beginning to function under its new constitution, adopted in 1996. Here Chambers recalls how the externship program began. Now the Wade H. McCree Jr. Collegiate Professor Emeritus of Law, Chambers directed the program until his retirement from active teaching in 2003.
An Introduction To The Governance And Taxation Of Not-For-Profit Organizations, Patrick Bolton, Hamid Mehran
An Introduction To The Governance And Taxation Of Not-For-Profit Organizations, Patrick Bolton, Hamid Mehran
Center for Contract and Economic Organization
This paper provides a brief overview of the current state of the not-for-profit sector and discusses specific governance issues in not-for-profit organizations. We offer an in-depth analysis of the issues that arise when not-for-profit organizations compete against for-profit firms in the same markets. We argue that while competition by for-profit firms can discipline not-for-profit firms and mitigate their governance problems, the effects of this competition are distorted by the not-for-profits’ corporate income tax exemptions. Based on a simple general equilibrium analysis, we argue that there is little justification for such exemptions.
2006-2007, Benjamin N. Cardozo School Of Law
The Rationality Of Law Students' Career Choices, Aaron Haas
The Rationality Of Law Students' Career Choices, Aaron Haas
Richmond Public Interest Law Review
Two of the major problems confronting the legal profession today are increasing rates of job dissatisfaction and the persistent problem of encouraging lawyers to work in public interest settings. These two problems are actually connected in an important way. Researchers have found that lawyers earning the highest salaries, typically in large law firms, are also the most dissatisfied with their profession, while lawyers working for government agencies, public interest organizations, and educational institutions are among the most satisfied. In other words, encouraging more law students to enter public service law could address both the problem of unhappiness in the profession …
Comments: The Use Of Screens To Cure Imputed Conflicts Of Interest: Why The American Bar Association's And Most State Bar Associations' Failure To Allow Screening Undermines The Integrity Of The Legal Profession, Erin A. Cohn
University of Baltimore Law Review
You are a young associate, fresh out of law school, hired by a large law firm that deals with anything from medical malpractice to construction contracts. After working at the firm for several years you decide to change firms. You interview with a number of firms, but after describing the variety of cases that you have worked on over the years, the firms admit that they do not want to risk hiring you and possibly having to turn down future litigation if a conflict of interest arises. The firms explain that any conflict you may have with a potential client …
Simon Says Take Three Steps Backwards: The National Conference Of Commissioners On Uniform State Laws Recommendations On Child Representation, Jane M. Spinak
Simon Says Take Three Steps Backwards: The National Conference Of Commissioners On Uniform State Laws Recommendations On Child Representation, Jane M. Spinak
Faculty Scholarship
In considering whether I wanted to submit a response to this conference, I turned back to the Fordham Law Review's Proceedings of the Conference on Ethical Issues in the Legal Representation of Children, now referred to by this conference's participants as Fordham. While the entire volume helped me to formulate this response, I want to begin by acknowledging Linda Elrod's and Ann Haralambie's two responses in Fordham as essential to my decision. In a few short pages they encapsulated the essential message of Fordham: that by the end of the last century, the practice of lawyers for children was to …
Revisiting "The Need For Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers?, H. Timothy Lovelace Jr.
Revisiting "The Need For Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers?, H. Timothy Lovelace Jr.
Faculty Scholarship
No abstract provided.
Tahoe’S Requiem: The Death Of The Scalian View Of Property And Justice, Laura S. Underkuffler
Tahoe’S Requiem: The Death Of The Scalian View Of Property And Justice, Laura S. Underkuffler
Faculty Scholarship
In this article, I argue that from 1992 (when the Lucas case was decided) and for almost ten years thereafter, what I call the "Scalian view" of property and justice dominated Supreme Court jurisprudence. Under this vision, property provides a concrete, objectively knowable, and immutable legal barrier which marks the line between protected individual interests and the exercise of collective power. If government transgresses this line, the individual is almost always deemed to have been wronged. And compensation is required, as a matter of "justice," under the Takings Clause. I argue that with the Court's decisions in Palazzolo and Tahoe …
Selling The Name On The Schoolhouse Gate : The First Amendment And The Sale Of Public School Naming Rights, Joseph Blocher
Selling The Name On The Schoolhouse Gate : The First Amendment And The Sale Of Public School Naming Rights, Joseph Blocher
Faculty Scholarship
No abstract provided.
Bucking Conventional Wisdom: The Montana Public Defender Act, Jessa Desimone
Bucking Conventional Wisdom: The Montana Public Defender Act, Jessa Desimone
Journal of Criminal Law and Criminology
No abstract provided.
Building A Better Lawyer Discipline System: The Queensland Experience, Leslie Levin
Building A Better Lawyer Discipline System: The Queensland Experience, Leslie Levin
Faculty Articles and Papers
In many jurisdictions, lawyer-run discipline systems are inefficient, overly lenient and insufficiently responsive to consumer's concerns. Queensland's Legal Profession Act 2004 (Qld) breaks away from that model by moving lawyer discipline out of lawyers' professional associations and into an independent agency. It articulates a decidedly consumer-oriented approach to lawyer discipline and gives Queensland's new Legal Services Commissioner the power to investigate and prosecute all discipline complaints. This article looks at Queensland's recent reforms, and considers how well the new system is meeting its twin goals of consumer protection and traditional lawyer discipline. Using interviews and other data, the article identifies …