Digital Commons Network^™

A Legal Team Of One: Pro Se Divorce In Cook County, Margaret Davis

Public Interest Law Reporter

No abstract provided.

Let's Talk: How Mediation Programs Provide Access To Justice For Homeowners Going Through Foreclosure, Melina Rozzisi

Public Interest Law Reporter

No abstract provided.

While You Were Eating: The Unspoken Human Cost Of Putting Food On Our Tables, Darci Jenkins, Miguel Keberlein Gutierrez

Public Interest Law Reporter

No abstract provided.

Like Lambs To The Slaughter: How Unregulated Immigration Practitioners Harm Immigrants, Joseph M. Gietl

Public Interest Law Reporter

No abstract provided.

Executive Summary On Reciprocity, Alexandra Siek, Barbara Lah, Daniel Marquez, Patrick Redmond

Faculty Scholarship

Law students Daniel Marquez and Patrick Redmond. under the supervision of University of New Mexico Law Librarians Barbara Lah and Alexandra Siek, researched the issue of reciprocity and bar membership. This is a short summary of the memorandum discussing the findings of that research. Collectively the memos discuss the following issues raised by reciprocity: l) the various forms of reciprocal licensing schemes: 2) the impact that reciprocal licensing has had on bar membership 3) a comparison of reciprocal licensing to admission pro hac vice; 4) legal issues such as constitutional concerns raised by the adoption or rejection of reciprocity; and …

How Low Can You Go? Analyzing Deposition Misconduct And Avoiding Common Deposition Mistakes, David A. Grenardo

Faculty CLE

This article discusses attorney misconduct in cases from several jurisdictions that relate to the following common mistakes made concerning depositions: failure to prepare for a deposition, failure to act during a deposition, and coaching a witness. This article also provides practical insight on how to avoid these mistakes.

Iimplementasi Skim Pampasan Mangsa Kecederaan Jenayah Melalui Takaful Di Malaysia : Satu Kajian Perbandingan Dan Tinjauan Pelaksanaan Di Negara-Negara Barat / Mohd Sadad Bin Mahmud, Mahmud Mohd Sadad

Student Works (2010-2019)

Skim pampasan mangsa kecederaan jenayah merupakan suatu kaedah yang dilaksanakan di negara-negara barat untuk membela dan melindungi mangsa kecederaan jenayah. Statistik kes-kes kecederaan dan kematian akibat perbuatan jenayah di Malaysia telah menunjukkan peningkatan daripada 7,355 kes pada tahun 1999 kepada 11,096 kes pada tahun 2009. Undang-undang sedia ada pula lebih menfokuskan aspek hukuman kepada pelaku jenayah sedangkan mangsa kecederaan jenayah dibiarkan sendirian menanggung beban kewangan, penderitaan fizikal dan mental. Keadaan ini amat membimbangkan kita. Malangnya, Malaysia belum lagi mempunyai skim pampasan mangsa kecederaan jenayah walaupun ianya dianjurkan oleh Islam. Apabila berlakunya sesuatu kejadian jenayah barulah kerajaan dan masyarakat akan mengambil …

The Litigation Privilege In Texas., Sam Johnson

St. Mary's Journal on Legal Malpractice & Ethics

Certain Texas cases have arisen where one party in litigation sues the attorney representing an opposing party. In response to such cases, Texas courts promulgated a judicial doctrine generally referred to as the litigation privilege or qualified immunity in order to protect litigants’ right to zealous representation from their attorney. The general rule is that one party to a lawsuit cannot sue the other party’s attorney. However, exceptions to this doctrine exist. This article explores the contours of the litigation privilege in Texas by analyzing the primary Texas cases where one party’s claim against the opposing party’s attorney was dismissed …

Bad Briefs, Bad Law, Bad Markets: Documenting The Poor Quality Of Plaintiffs' Briefs, Its Impact On The Law, And The Market Failure It Reflects, Scott A. Moss

Publications

For a major field, employment discrimination suffers surprisingly low-quality plaintiffs' lawyering. This Article details a study of several hundred summary judgment briefs, finding as follows: (1) the vast majority of plaintiffs' briefs omit available caselaw rebutting key defense arguments, many falling far below basic professional standards with incoherent writing or no meaningful research; (2) low-quality briefs lose at over double the rate of good briefs; and (3) bad briefs skew caselaw evolution, because even controlling for win-loss rate, bad plaintiffs' briefs far more often yield decisions crediting debatable defenses. These findings are puzzling. In a major legal service market, how …

Professionalism And The New Normal, Philip J. Weiser

Publications

No abstract provided.

The Relationship Between Human Capital And Social Capital In Professional-Client Relationships, Yuliani Suseno

Research outputs 2013

Professionals in knowledge-intensive firms rely on their human capital and social capital to deliver value in their professional services to clients. In this study of corporate lawyers and clients, we examine the construct of knowledge acquisition, representing a professional’s human capital, and its relationship with social capital. Quantitative analyses on the survey data reveal significant evidence of relationships between human capital and social capital. The application of both the human and social capital theories to the study of professionals therefore has the potential to advance our knowledge and understanding of the relationships between professionals and their clients.

Advance (Fall 2013), Georgia Southern Division Of Continuing And Professional Education

Division of Continuing & Professional Education

No abstract provided.

Perspectives: From The Chair Of The Aba Law Practice Management Section, January/February 2013, Joan R. Bullock

Journal Publications

In this era of the "new normal," lawyers and law firms are seeking ways to create efficiencies and realize new capabilities.

Some Guidance About Federal Agencies And Guidance, Mary Whisner

Librarians' Articles

The federal administrative system is complex and contains ambiguities about what counts as an “agency,” and there is an amorphous border between regulations and guidance. The body of guidance documents (or nonlegislative rules) is growing, both in volume and in importance, and legal researchers should be aware of this important source of authority, as well as its unclear status.

Should Federal Judges Belong To Or Openly Support Organizations That Promote A Particular Ideology, John M. Burman

Wyoming Law Review

No abstract provided.

Thank You For Taking Our Jobs: The Importance Of Integrating The Migrant Farmworker Into The United States, Shaina A. Case

Wyoming Law Review

No abstract provided.

Reentry Courts: An Emerging Use Of Judicial Resources In The Struggle To Reduce The Recidivism Of Released Offenders, Daniel M. Fetsco

Wyoming Law Review

No abstract provided.

Next Phase Pedagogy Reform For The Twenty-First Century Legal Education: Delivering Competent Lawyers For A Consumer-Driven Market, Ann Marie Cavazos

Journal Publications

The underpinnings for law school training has or, I submit, soon will be, outstripped by real world requirements dictated by the demands of the legal profession marketplace. This Article is designed to add to the discourse relating to the question of what law schools supply and what law practice requires-a paradigm shift in the methodology of implementing legal education. The Article begins by reporting on the state of the law school process and how it has evolved from an apprenticeship, replete with on-the-job training, to an intellectual exercise that is somewhat removed from the requirements for becoming competent legal professionals. …

Montana V. Federal Evidence Rules 2013: A Short Comparison, Cynthia Ford

Faculty Journal Articles & Other Writings

This article provides a short comparison of the current Federal Rules of Evidence and the Montana Rules of Evidence. It is meant to cover major differences and does not include those, in the view of the author, that are minor or inconsequential.

Out Of The Shadows: What Legal Research Instruction Reveals About Incorporating Skills Throughout The Curriculum, Barbara Glesner Fines

Faculty Works

No abstract provided.

Pragmatism, Paternalism, And The Constitutional Protection Of Commercial Speech, Allen K. Rostron

Faculty Works

Two key perspectives have emerged in the Supreme Court’s decisions about First Amendment protection of commercial speech. The anti-paternalism view, originally embraced by the Court’s most liberal members but now advanced by Clarence Thomas, holds that the government has only a narrow interest in preventing false advertising. To the extent that commercial speech is not fraudulent or misleading, the government must simply let people hear it and decide for themselves whether they find it persuasive. Other judges argue that courts need to be more pragmatic about the effects of advertising and more deferential to government attempts to promote public health …

The Trouble With Lawyer Regulation, James E. Moliterno

Emory Law Journal

The American legal profession has been a backward-looking, change-resistant institution. It has failed to adjust to changes in society, technology, and economics, despite individual lawyers' efforts to change their own practices and entrepreneurs' efforts to enter the legal marketplace to serve the needs of middle- and lower-income clients. When change does come, the legal profession is a late-arriver, usually doing no better than catching up to changes around it that have already become well ensconced. This failure robs society of what could be a positive role of the legal profession in times of change, and it deprives the profession itself …

Quantitative Legal Prediction--Or--How I Learned To Stop Worrying And Start Preparing For The Data-Driven Future Of The Legal Services Industry, Daniel Martin Katz

Emory Law Journal

Welcome to law's information revolution-revolution already in progress.

Introduction, Peter J. Strauss

NYLS Law Review

No abstract provided.

Foreword: Systematically Thinking About Law Firm Ethics: Conference On The Ethical Infrastructure And Culture Of Law Firms, Susan Saab Fortney

Hofstra Law Review

In 1991 Professor Ted Schneyer wrote a seminal article calling for discipline of law firms. In that article, he used the term “ethical infrastructure” to refer to a law firm’s organization, policies, and operating procedures that cut across particular lawyers and tasks. In questioning how lawyer regulation focuses on the conduct of individual lawyers, he described the dynamics of practice and how various ethical breaches stem from organizational concerns that relate to lawyering in groups. Increasingly, legislators and regulators, as well as bar and firm leaders, have recognized the role of ethical infrastructure and culture in influencing lawyer conduct. Scholars, …

Nested Ethics: A Tale Of Two Cultures, Milton C. Regan, Jr.

Hofstra Law Review

This article suggests that a law firm that desiring to promote ethical behavior by its lawyers needs to complement efforts to establish an “ethical infrastructure” and an “ethical culture” with attention to its broader organizational culture. Specifically, research indicates that the perception that an organization treats its members fairly–their sense of organizational justice--is an important factor in prompting members’ ethical behavior.

Many law firms in the last two or three decades have devoted attention to establishing what has been called an “ethical infrastructure” that reflects appreciation of the importance of organizational policies and procedures in encouraging ethical behavior. Such measures …

Improving State Capital Counsel Systems Through Use Of The Aba Guidelines, Robin M. Maher

Hofstra Law Review

The article discusses the reported efforts to improve state capital punishment counsel systems through the use of the American Bar Association's (ABA's) "Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases" which have apparently been adopted by every active death penalty jurisdiction in the U.S. as of March 2014. America's criminal justice system and ineffective assistance of counsel claims in the U.S. are mentioned, along with various state supreme courts.

Ethical Decisionmaking And The Design Of Rules Of Ethics, John S. Dzienkowski

Hofstra Law Review

No abstract provided.

Who's Eating Law Firms' Lunch? The Legal Service Providers, Law Schools And New Grads At The Table, William D. Henderson, Rachel M. Zahorsky

Articles by Maurer Faculty

No abstract provided.

Measuring Justice, Jane H. Aiken, Stephen Wizner

Georgetown Law Faculty Publications and Other Works

The research imperative of refining ways to measure justice is important and necessary. Our work as lawyers improves the more we know about our effectiveness and the more our choices are evidence based. Nevertheless, quantifying the work of a lawyer is not easy. How do we ensure that any measure of justice captures outcomes for both trial-based advocacy and non-trial-based advocacy on behalf of clients, including negotiated outcomes? How do we quantify the role lawyers play in listening to our clients, explaining the systems in which they operate, and supporting them through often very difficult times in their lives? How …