Digital Commons Network^™

End The Experiment: The Attorney-Client Privilege Should Not Protect Communications In The Allied Lawyer Setting, Grace M. Giesel

Marquette Law Review

In recent years, courts have seen an explosion of claims that communications need not be disclosed because they enjoy the protection of something often referred to as the “common interest doctrine.” These claims—claims of attorney–client privilege—occur in two situations: the joint client setting and the allied lawyer setting. In a joint client situation, an attorney represents two or more clients on a matter with all parties working together on the joint endeavor. In an allied lawyer situation, several entities or individuals work together on a matter of common interest but the parties have separate lawyers.

This Article argues, uncontroversially, that …

War Between North And South – In Literature, Aldemaro Romero Jr.

Publications and Research

No abstract provided.

The Spillikin (Vol. 28), Valparaiso University

The Spillikin - The Christ College Newsletter

No abstract provided.

In-House Counsel And Corporate Client Communications: Can Eu Law After Akzo Nobel And U.S. Law After Gucci Be Harmonized - Critiques And A Proposal, John Gergacz

The International Lawyer

No abstract provided.

The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke

Journal Articles

Criminal procedure has undergone several well-documented shifts in its doctrinal foundations since the Supreme Court first began to apply the Constitution’s criminal procedure protections to the States. This Article examines the ways in which the political economy of criminal litigation – specifically, the material conditions that determine which litigants are able to raise criminal procedure claims, and which of those litigants’ cases are appealed to the United States Supreme Court – has influenced these shifts. It offers a theoretical framework for understanding how the political economy of criminal litigation shapes constitutional doctrine, according to which an increase in the number …

Witchcraft Accusations And Human Rights: Case Studies From Malawi, Chi Adanna Mgbako, Katherine Glenn

Faculty Scholarship

This Article explores potential community-based interventions to assist victims of witchcraft accusations, based on forty-five case studies from an experimental mobile legal-aid clinic in Malawi, a country in southeastern Africa where witchcraft accusations are widespread and often irreparably harm those accused. In Malawi, the accused are mainly older women who are often blamed for bewitching young children.

Can The Leopard Change His Spots?! Reflections On The 'Collaborative Law' Revolution And Collaborative Advocacy, Dafna Lavi

Cardozo Journal of Conflict Resolution

Much has been written about the social contribution of the ADR movement, and the many and diverse ways to implement it. This article focuses on collaborative law, one of the newer methods adopted by this movement, and observes that the full impact and implications of this movement have not yet been explored. One of the compelling implications discussed in this article is the collaborative law revolution.

This article presents both the observable and latent aspects of this revolution. According to this article, the main contribution of the revolution is in signaling a change in the design and conceptualization of the …

The Moral Responsibility Of The Corporate Lawyer, Judith A. Mcmorrow, Luke M. Scheuer

Catholic University Law Review

No abstract provided.

Simple Rules Leaders Use To Guide Their Organizations During Times Of Rapid Change, Kristine Quade

Theses and Dissertations

Few leaders would refer to their organization as a complex adaptive system (CAS)--one that is irreversible and unpredictable. They might say their organization contains diverse elements and is constantly learning--the other two aspects of a CAS. Few top leaders rarely are able to identify the self-organizing patterns as they emerge. This study involved 58 senior leaders in five 5 market sectors who were guiding their organizations during times of rapid change. Using a Delphi method, the intent was to identify what simple rules the leaders used to shape the speed, direction and outcomes of self-organizing patterns. A simple rule expands …

Behind Closed Doors: Shedding Light On Lawyer Self-Regulation--What Lawyers Do When Nobody's Watching, John Sahl

Akron Law Faculty Publications

This Article examines the significance of Professor Fred C. Zacharias’s work, What Lawyers Do When Nobody’s Watching: Legal Advertising as a Case Study of the Impact of Underenforced Professional Rules. Following the Introduction, Part II of the Article summarizes Nobody’s Watching – an empirically based study of lawyers in California who advertised in the yellow pages of telephone books. Part II reviews Professor Zacharias’ findings and analysis concerning unenforced or underenforced ethics rules regulating lawyer advertising. Part III discusses the significance of Nobody’s Watching as an early empirical study of lawyer advertising in the field of professional responsibility and its …

Legal Ethics Scholarship Of Ted Schneyer: The Importance Of Being Rigorous, The Festschrift For Ted Schneyer Lawyer Regulation For The 21st Century: Foreword, Bruce A. Green

Faculty Scholarship

This collection on "Lawyer Regulation for the 21st Century" celebrates Ted Schneyer's legal ethics scholarship. From my perspective as Ted's friend and colleague in the field of legal ethics, it is obvious how richly he deserves this festschrift, and it is my privilege to be invited to contribute its foreword. But to someone outside the field, many questions might be raised. Why celebrate legal scholarship? Why celebrate legal ethics scholarship? Why celebrate Ted Schneyer's legal ethics scholarship? And why celebrate it by collecting writings on the theme of Lawyer Regulation for the 21st Century? Though I have no desire to …

Helping Haiti In The Wake Of Disaster: Law Students As First Responders, Melissa Gibson Swain, Jonel Newman

Intercultural Human Rights Law Review

This is the story of how we put an immediate-need and longer-term TPS service effort together, the lessons we learned in doing so, and what we believe to be a sustainable clinical pedagogy, and law school service model built around disaster assistance and recovery. We begin by examining how lawyers and law students have traditionally made valuable contributions to disaster response by using their legal training. All too often, those efforts have been hampered by the post-disaster ad hoc nature in which they have been constructed, and by the limitations inherent in the relatively small number of lawyers available to …

In Times Of Famine, Sweet Potatoes Have No Skin: A Historical Overview And Discussion Of Post-Earthquake U.S. Immigration Policy Towards The Haitian People, Jordan E. Dollar, Allison D. Kent

Intercultural Human Rights Law Review

This article is an examination of the U.S. immigration policy towards Haitians both before and after the January 12, 2010 earthquake. In order to understand the U.S. policy response and the Haitian community's reaction to said policy, it is imperative to first understand the historical framework of the U.S. immigration policy towards Haitians. Fundamentally, the U.S. immigration policy towards Haitians is based on two erroneous premises: (1) Haitians are only economic migrants; and (2) fair immigration treatment of Haitians will lead to a mass migration into the U.S.

The Inauthentic Claim, Anthony J. Sebok

Articles

This Article takes a critical look at the persistence of legal doctrines that prohibit or limit property rights in litigation. The Article focuses on prohibitions on assignment and maintenance. Assignment of personal injury tort claims is prohibited throughout the United States, while the assignment of other claims, such as fraud and professional malpractice, is prohibited in a large number of states. Maintenance, in which a stranger provides something of value to a litigant in order to support or promote the litigation, is prohibited in varying degrees in the United States.

These doctrines might seem quite independent of each other at …

Charities And Lobbying: Institutional Rights In The Wake Of Citizens United, Lloyd Hitoshi Mayer

Journal Articles

One of the many aftershocks of the Supreme Court’s landmark decision in Citizens United v. FEC is that the decision may raise constitutional questions for the long-standing limits on speech by charities. There has been much scholarly attention both before and after that decision on the limit for election-related speech by charities, but much less attention has been paid to the relating lobbying speech limit. This article seeks to close that gap by exploring that latter limit and its continued viability in the wake of Citizens United. I conclude that while Citizens United by itself does not undermine the limit …

The Challenge Of Temporary Work In Twenty-First Century Labor Markets: Flexibility With Fairness For The Low-Wage Temporary Workforce, Harris Freeman, George Gonos

Faculty Scholarship

As the Commonwealth wrestles with the social and economic aftershocks of the worst economic recession in 80 years, the widespread use of temporary staffing arrangements is a sober reminder that the “standard” employment relationship, a cornerstone of the prosperity of the post-­World War II era, is no longer available to a large segment of the American workforce. “Job ladders” have disintegrated, depriving capable and dedicated workers of predictable promotions. Regular step increases in pay and cost-­of-­living adjustments are in many occupational categories a thing of the past. Simply put, the “good jobs” working people need to support families, pay the …

The Challenges Of Developing Cross-Cultural Legal Ethics Education, Professional Development, And Guidance For The Legal Professions, Philip Genty

Faculty Scholarship

The broad goal of this paper is to describe the need, and provide a framework, for engaging in cross-cultural conversations among lawyers, law teachers, and others, who are using legal ethics as a vehicle for improving the legal professions and the delivery of legal services. All legal cultures struggle with the question of how to educate students and lawyers to be ethical professionals and how to regulate the legal profession effectively. The purpose of the cross-cultural conversations discussed in this paper would be to develop principles of legal ethics education, professional development, and regulation of the legal professions that can …

Symposium - The Profession And The Academy: Addressing Major Changes In Law Practice - Introduction

Maryland Law Review

No abstract provided.

On Legal Education And Reform: One View Formed From Diverse Perspectives, Robert J. Rhee

Maryland Law Review

No abstract provided.

Profound “Nonchanges” In Small And Midsize Firms, Ward B. Coe Iii

Maryland Law Review

No abstract provided.

The Changing Cultures And Economics Of Large Law Firm Practice And Their Impact On Legal Education, Neil J. Dilloff

Maryland Law Review

No abstract provided.

Three Generations Of U.S. Lawyers: Generalists, Specialists, Project Managers , William D. Henderson

Maryland Law Review

No abstract provided.

A Gaping Hole In American Legal Education, Michael Kelly

Maryland Law Review

No abstract provided.

Challenging The Academy To A Dual (Perspective): The Need To Embrace Lawyering For Personal Legal Services, William Hornsby

Maryland Law Review

No abstract provided.

The Symposium On The Profession And The Academy: Concluding Thoughts, Michael Millemann

Maryland Law Review

No abstract provided.

Lessons From Forty Years Of Interference In Law School Clinics, Robert R. Kuehn, Bridget M. Mccormack

Scholarship@WashULaw

Recently, there have been a number of well-publicized attacks on law school clinics over their legal representation of unpopular individuals and organizations, which brings them in opposition to powerful business and political interests. This article analyzes the effects of forty years of publicized interference in law school clinics on law clinic attorneys and clinical legal education, and the lessons that can be drawn from this extended history. The article includes a typology of outside interference in clinics, provides empirical support for the negative effects of this interference on the attitudes and actions of clinic attorneys, and argues that there are …

Rationing Justice By Rationing Lawyers, Peter A. Joy

Scholarship@WashULaw

The number of lawyers in the United States continues to increase, but low and middle-income persons still find it difficult, if not impossible, to afford legal assistance. National and state surveys reveal that more than 80 percent of the civil legal needs of the poor go unmet, as do a majority of the needs of middle-income persons. Legal representation can often dramatically increase a person’s ability to win at trial or to negotiate a favorable outcome, and the lack of access to lawyers effectively closes the courthouse doors for millions. This Article focuses on the crisis in Missouri's public defender …

Portland Mercado: Community Economic Development To Revitalize, Uplift, And Empower, Abigail Cermak, David Ruelas, Bridger Wineman, Ellen Wyoming

Master of Urban and Regional Planning Workshop Projects

Realizing public goals of an inclusive and vibrant society requires an advocacy approach to urban planning and economic development. Adelante Planning outlines strategies based on research and case studies to successfully implement a Mercado as an economic development and business incubation strategy for Portland’s Latino community. A Mercado is a strategic planning approach targeted toward Latino populations and other minorities, particularly in gentrifying locations of the Portland Metro region.

This project was conducted under the supervision of Ellen Bassett, Lisa Bates, Karen Gibson, Ken Pirie, and Sumner Sharpe.

Corporate Gatekeepers: An Examination Of The Transactional Lawyer's Role, William H. Dorton

Kentucky Law Journal

No abstract provided.

Non-Prisoner Pro Se Litigation In The United States District Court For The Eastern District Of Kentucky: Analyzing 2004 And 2007 Cases From Filing To Termination, Timothy D. Thompson

Kentucky Law Journal

No abstract provided.