Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (752)
- Social and Behavioral Sciences (134)
- Legal Education (129)
- Legal Profession (119)
- Legal Ethics and Professional Responsibility (85)
-
- Civil Rights and Discrimination (52)
- Education (44)
- Law and Society (43)
- Law and Gender (35)
- Sociology (35)
- Public Affairs, Public Policy and Public Administration (33)
- Criminal Law (32)
- Constitutional Law (31)
- Business (28)
- Arts and Humanities (24)
- Higher Education (22)
- Law and Race (22)
- Litigation (22)
- Medicine and Health Sciences (22)
- Health Law and Policy (21)
- Human Rights Law (21)
- International Law (21)
- Civil Procedure (20)
- Sexuality and the Law (20)
- Dispute Resolution and Arbitration (19)
- Family Law (19)
- Immigration Law (19)
- Business Organizations Law (18)
- Courts (18)
- International and Area Studies (17)
- Institution
-
- The University of Akron (91)
- University of South Carolina (51)
- Villanova University Charles Widger School of Law (34)
- Osgoode Hall Law School of York University (31)
- Fordham Law School (28)
-
- University of Nevada, Las Vegas -- William S. Boyd School of Law (28)
- Roger Williams University (27)
- University of Chicago Law School (27)
- UC Law SF (20)
- City University of New York (CUNY) (19)
- New York Law School (19)
- University of Maryland Francis King Carey School of Law (19)
- University of New Hampshire (18)
- University of Washington School of Law (18)
- University of Miami Law School (16)
- William & Mary Law School (16)
- Yeshiva University, Cardozo School of Law (16)
- St. Mary's University (15)
- Touro University Jacob D. Fuchsberg Law Center (15)
- American University Washington College of Law (14)
- St. John's University School of Law (14)
- University of Colorado Law School (14)
- University of Denver (14)
- Duke Law (13)
- Maurer School of Law: Indiana University (13)
- Singapore Management University (13)
- The Catholic University of America, Columbus School of Law (13)
- University of Georgia School of Law (13)
- University of Montana (13)
- University of Nebraska - Lincoln (13)
- Keyword
-
- Legal education (45)
- Ethics (28)
- Baseball (22)
- Law school (20)
- Lawyers (17)
-
- Law (16)
- Legal profession (16)
- Access to justice (15)
- Gender (15)
- Legal ethics (15)
- Race (14)
- Conference (13)
- Diversity (13)
- Education (13)
- Paper (13)
- Softball (13)
- Annual conference (12)
- Board meeting (12)
- Boyd Briefs (12)
- Colloquium (12)
- Committee (12)
- Editorial board (12)
- Institute (12)
- Law faculty scholarship (12)
- Meeting (12)
- Panel (12)
- Presentation (12)
- Travel (12)
- Workshop (12)
- Culture (11)
- Publication
-
- Akron Law Review (89)
- Faculty Scholarship (55)
- University of Chicago Legal Forum (21)
- 2015 Decisions (18)
- Faculty Publications (17)
-
- Faculty Articles (15)
- Fordham Law Review (15)
- April (14)
- Articles (13)
- Scholarly Works (13)
- Boyd Briefs / Road Scholars (12)
- February (12)
- Journal of Legal Education (12)
- March (12)
- Volume 45 (2015) (12)
- Utah Court of Appeals Briefs (2007– 2019) (10)
- Historical and Topical Legal Documents (9)
- Life of the Law School (1993- ) (9)
- Nevada Law Journal (9)
- Stony Brook Statesman-Sucolian (9)
- Sturm College of Law: Faculty Scholarship (9)
- Articles & Chapters (8)
- Catholic University Law Review (8)
- Documents (8)
- Idaho Supreme Court Records & Briefs, All (8)
- January (8)
- Journal of Civil Rights and Economic Development (8)
- Journal of Experiential Learning (8)
- Obiter Dicta (8)
- Research Collection Yong Pung How School Of Law (8)
- Publication Type
- File Type
Articles 481 - 510 of 1332
Full-Text Articles in Entire DC Network
Professional Responsibility In An Uncertain Profession: Legal Ethics In China, Judith A. Mcmorrow
Professional Responsibility In An Uncertain Profession: Legal Ethics In China, Judith A. Mcmorrow
Akron Law Review
This essay starts with two simple questions: Why do law schools in China have so little discussion of legal ethics? Why do students not press or seek more discussion of this topic? The essay then looks at the creation of norms of legal ethics from a topdown perspective and the inadequacy of that approach. Both a bottomup and top-down examination identify the tremendous challenges facing the Chinese emerging legal culture in building a coherent model of lawyering that can serve as the foundation for a system of legal ethics. This essay is intended as a contribution to the growing English …
What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver
What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver
Akron Law Review
My goal here, however, is not directly to challenge the framework of lawyer regulation. Instead, I write to suggest an adjustment to the existing regulatory regime, setting aside, at least for the moment, any challenge to the merits of the system itself. My proposal is quite modest: In order to inform the choices implicit in rulemaking, regulation ought to be based upon sound empirical evidence. This is particularly important because of the complexities brought about by globalization.
The Changing Landscape For In-House Counsel: Multijurisdictional Practice Considerations For Corporate Law Departments, Carol A. Needham
The Changing Landscape For In-House Counsel: Multijurisdictional Practice Considerations For Corporate Law Departments, Carol A. Needham
Akron Law Review
This article contains an overview of areas to consider regarding the ability of in-house attorneys licensed in one or more jurisdictions in the United States to continue providing legal services when in a new location. The focus in this article is on matters relevant for attorneys engaged in transactional work, rather than those who are interested in representing their clients in courtrooms, administrative tribunals, and similar forums.
From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel S. Terry, Laurel S. Terry
From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel S. Terry, Laurel S. Terry
Akron Law Review
This article provides a comprehensive overview of the treatment of legal services in the United States‘ international trade agreements. Although many individuals are now familiar with the General Agreement on Trade in Services (GATS), far fewer realize that legal services are included in at least fifteen international trade agreements to which the United States is a party. This article begins by identifying those trade agreements and other developments including the 2009 Legal Services Initiative of the Asia Pacific Economic Cooperation (APEC). The article continues by explaining the structure of the GATS and comparing its provisions to the provisions found in …
Supervising Offshore Outsourcing Of Legal Services In A Global Environment: Re-Examining Current Ethical Standards, Mark L. Tuft
Supervising Offshore Outsourcing Of Legal Services In A Global Environment: Re-Examining Current Ethical Standards, Mark L. Tuft
Akron Law Review
There are many forms of legal outsourcing that range from outsourcing administrative and support functions to outsourcing legal and law-related services domestically and abroad to ―offshoring,‖ in which a firm relocates certain legal and law-related services to a foreign jurisdiction that allows the firm to realize greater efficiency and lower costs. The question is whether a distinction between the duty of supervision over the work of foreign lawyers and domestic lawyers will continue to be valid in the changing global legal environment and whether the ethical obligations under the current rules for partners, managers, and supervisory lawyers in the traditional …
Inside, Outside: Cross-Border Enforcement Of Attorney Advertising Restrictions, Margaret Raymond
Inside, Outside: Cross-Border Enforcement Of Attorney Advertising Restrictions, Margaret Raymond
Akron Law Review
The question that motivated this paper was three-fold: whether states can regulate this type of cross-border advertising, whether they do, and whether they should...If a state wants to regulate advertising, it wants to regulate all advertising that the state‘s consumers will see, regardless of where it originated or where the lawyers who engaged in it are admitted to practice. Enforcement accordingly advances the interests that are assertedly served by attorney advertising restrictions. A failure to enforce restrictive rules against out-of-state lawyers, by contrast, has a somewhat counterintuitive result.
The Legal Ethics Of Metadata Mining, Andrew M. Perlman
The Legal Ethics Of Metadata Mining, Andrew M. Perlman
Akron Law Review
Bar associations have produced a number of legal ethics opinions that address the practice of metadata mining. This essay explains the nature of the problem, reviews the ethics opinions that have addressed it, and contends that the issue is simply a variation of the oft-examined problem of inadvertently disclosed documents. The essay concludes that flat bans on metadata mining are misguided and that metadata mining should be treated in the same manner as inadvertent disclosures more generally. Under this approach, if a state permits lawyers to review inadvertently disclosed privileged documents, the jurisdiction should also permit lawyers to review the …
Exporting American Legal Ethics, James E. Moliterno
Exporting American Legal Ethics, James E. Moliterno
Akron Law Review
Over the past decade or so, a massive exportation of U.S. lawyer ethics law, primarily to emerging democracies, has been taking place. The exportation has been managed largely, but not exclusively, by ABA Rule of Law programs, funded extensively by grants from USAID. Excellent work is being done by these programs and nothing in this essay should be read to suggest that these projects lack value. But in one respect, the work of these and other such projects is sometimes tinged with cultural imperialism...The large-scale adoption of U.S. models of lawyer and judge regulation outside the United States is likely …
Multijurisdictional Practice And The Influence Of Model Rule Of Professional Conduct 5.5 - An Interim Assessment, Arthur F. Greenbaum
Multijurisdictional Practice And The Influence Of Model Rule Of Professional Conduct 5.5 - An Interim Assessment, Arthur F. Greenbaum
Akron Law Review
In this piece I examine the influence of Model Rule 5.5 on the law of multijurisdictional practice in the states by lawyers licensed in the United States who are not working in-house for an organizational client. In doing so, I do not intend to revisit the debate on what lines should be drawn, if any, to control multijurisdictional practice. Those issues have been well debated in the adoption of the Restatement (Third) of the Law Governing Lawyers, the deliberations of the Commission on Multijurisdictional Practice,15 consideration surrounding state implementation initiatives, and voluminous commentary. Instead, I want to explore the impact …
Sports And Entertainment Agents And Agent-Attorneys: Discourses And Conventions Concerning Crossing Jurisdictional And Professional Borders, David S. Caudill
Sports And Entertainment Agents And Agent-Attorneys: Discourses And Conventions Concerning Crossing Jurisdictional And Professional Borders, David S. Caudill
Akron Law Review
Questions regarding the ethical obligations, pitfalls, and dilemmas facing attorneys who become sports or entertainment agents are not new. However, despite a substantial discourse on the topic, the sense persists that being both a lawyer and an agent is problematic. The applicable laws, including ethical regulations, seem to be clear, but are subject not only to law‟s usual jurisdictional variations and interpretive instability, but also to the mediation of conventions or tacit understandings that pervade the sports and entertainment industries.
Waiting For Good Dough: Litigation Funding Comes To Law, Stephen Gillers
Waiting For Good Dough: Litigation Funding Comes To Law, Stephen Gillers
Akron Law Review
In this Article, I want to examine Rancman. The court’s treatment of one issue it raised—the question of champerty —is myopic, hostile, and superficial. The resolution of this issue on the facts before the court promotes injustice. The court introduced the issue into the case without the benefit of briefing. The Ohio legislature has since overruled Rancman. There is reason to believe that the Ohio Supreme Court will defer to the legislation, although we cannot know for certain until it addresses the question, as discussed.
The New Era - Quo Vadis?, Jack P. Sahl
The New Era - Quo Vadis?, Jack P. Sahl
Akron Law Review
Although the Miller-Becker Institute for Professional Responsibility (the MBI) planned its Inaugural Symposium before the creation of the 20/20 Commission, the Symposium brought together twenty-six national and international experts to examine the consequences of globalization, rapid technological change, and more.
Equal Justice Remains Elusive For The Poor, Lauren Carasik
Equal Justice Remains Elusive For The Poor, Lauren Carasik
Media Presence
No abstract provided.
Another Missed Opportunity In Shoemaker V. Gindlesberger: Strict Privity Lives On In Ohio Legal Malpractice Cases, C. Chase Senk
Another Missed Opportunity In Shoemaker V. Gindlesberger: Strict Privity Lives On In Ohio Legal Malpractice Cases, C. Chase Senk
Akron Law Review
This Note surveys the development of the strict-privity rule in Ohio and other jurisdictions and will argue that the Ohio Supreme Court missed yet another opportunity to modify its outmoded strict-privity rule. This Note only suggests that the Ohio Supreme Court should again reevaluate its strict-privity rule to at least provide relief to intended beneficiaries of negligently prepared wills. Part II provides a brief overview of the development of the strict-privity rule in legal malpractice cases in Anglo-American law, particularly Ohio, as well as a few of the arguments for and against the strict-privity rule. Part III provides the statement …
Lawyers' Professional Independence: Overrated Or Undervalued?, Bruce A. Green
Lawyers' Professional Independence: Overrated Or Undervalued?, Bruce A. Green
Akron Law Review
This article grows out of a presentation on November 9, 2012, as part of the Distinguished Lecture Series of the Akron Law Joseph G. Miller and William C. Becker Center for Professional Responsibility. This article begins with some reflections on the principal meanings of professional independence, as that term is conventionally employed. Part II discusses the bar’s collective independence to regulate its members. Part III discusses individual lawyers’ independence in the context of professional representations, including independence from clients, on one hand, and independence from third parties, on the other. Part IV then suggests that there is a meaning of …
The Need For Prompt Action To Revise American Law Schools, Richard A. Westin
The Need For Prompt Action To Revise American Law Schools, Richard A. Westin
Akron Law Review
American law students are in a crisis. The ghost fishing crisis was cured when the law required that the lobster trap’s door eventually open, thanks to biodegradable metal hinges or gates. Unfortunately, there is no such relief for the glut of law students. The ABA Journal reports that 85% of graduates from accredited law schools in 2010 were burdened with debts averaging $98,500, but they are graduating into a weak economy where their prospects for employment have narrowed greatly. Students in previous classes have far from been absorbed into the legal industry and classes behind them promise a continuing flow …
What It Means To Be A Lawyer In These Uncertain Times: Some Thoughts On Ethical Participation In The Legal Education Industry, Susan Carle
Akron Law Review
I will first take a quick look in Part II at the basic data regarding employment statistics for recent law school graduates. This is the primary source of concern cited by those who argue that legal education is in profound crisis. What those statistics show, in a nutshell, is that large law firm hiring is down, but that small firm hiring is up by even more significant amounts, and that salaries for employed graduates continue to rise. What also continues to rise is the new law graduate unemployment rate, though not by the exaggerated dimensions some reports imply. New lawyers …
Access To Justice Without Lawyers, Benjamin P. Cooper
Access To Justice Without Lawyers, Benjamin P. Cooper
Akron Law Review
This Article examines three ways in which consumers are gaining greater access to the justice system without using lawyers. First, courts around the country have adopted standardized forms in both paper and electronic form for use by pro se litigants and are adopting other technology to improve the experience of self-represented litigants. Similarly, companies such as LegalZoom are using a do-it-yourself approach (a la Turbo Tax) to help consumers obtain a wide variety of legal documents at a relatively low price. Second, New York recently adopted a mandatory pro bono requirement for applicants seeking admission to the bar on or …
Law Schools And The Legal Profession: A Way Forward, Peter A. Joy
Law Schools And The Legal Profession: A Way Forward, Peter A. Joy
Akron Law Review
This essay proceeds in four parts. Part II briefly examines the disengagement of law schools from the legal profession both in much of the scholarship produced and through courses required for graduation. Part III analyzes why some state bar regulators are imposing admission requirements in response to law schools failing to prepare students better for the practice of law. Part IV discusses the types of bar admission requirements being considered. Finally, in Part V, I argue that rather than being reactive and resistant to change, law schools should be forward looking and incorporate changes that will not only better prepare …
Ethics 20/20 Successfully Achieved Its Mission: It "Protected, Preserved, And Maintained", James E. Moliterno
Ethics 20/20 Successfully Achieved Its Mission: It "Protected, Preserved, And Maintained", James E. Moliterno
Akron Law Review
The profession, it turns out, serves the status quo in multiple ways. At times, serving the status quo means making significant changes that will fend off outsiders or cultural change. At other times, serving the status quo means doing as little as possible in the vain hope that change will pass the profession by as if it were a bad dream rendered irrelevant by the morning light. In either event, the profession loses. Change comes and washes over the profession’s walls. The profession began to organize in earnest in the 1870s as state and local bar associations sprang up. For …
The Client Who Did Too Much, Nancy B. Rapoport
The Client Who Did Too Much, Nancy B. Rapoport
Akron Law Review
Discussion of the effect of a lawyer pursuing actions based on pressure from his client.
Administrative And Interim Suspensions In The Lawyer Regulatory Process - A Preliminary Inquiry, Arthur F. Greenbaum
Administrative And Interim Suspensions In The Lawyer Regulatory Process - A Preliminary Inquiry, Arthur F. Greenbaum
Akron Law Review
Suspending a lawyer from practice, even for a limited period of time, however, can have substantial negative consequences for the lawyer, the lawyer’s clients, third-parties, and the legal system. In this article, I explore the differing rationales underlying each of these types of suspension and whether, in each instance, suspension is the appropriate tool to protect those interests, or whether less drastic remedies would suffice. Upon balancing the legitimate interests furthered by such suspensions against the substantial costs they impose, I argue for tempering those consequences in certain settings, such as pure administrative suspensions, and for employing less disruptive sanctions …
Tomorrow, And Tomorrow, And Tomorrow: Ethics 20/20 Amidst A Changing Profession, Thomas Ross
Tomorrow, And Tomorrow, And Tomorrow: Ethics 20/20 Amidst A Changing Profession, Thomas Ross
Akron Law Review
In Part II of this paper, I will sketch briefly my sense of some of the important ways in which the practice of law seems to be evolving. Part III will revisit the work of the Ethics 20/20 Commission and suggest that the posture of the Commission and of the ABA elite in this initiative has been essentially one of accommodation and facilitation, rather than an oppositional stance. I will briefly note a historical instance of the organized bar taking such an oppositional stance and offer some hypotheses about why the organized bar has chosen these two different postures in …
Regulating Electronic Legal Support Across State And National Boundaries, Cassandra Burke Robertson
Regulating Electronic Legal Support Across State And National Boundaries, Cassandra Burke Robertson
Akron Law Review
Given the combination of digital communications, porous state and national borders, and a growing need for affordable legal services, it is likely that practices now at the margins of legal practice will quickly grow in scope. Technological changes and increasing globalization allow foreign lawyers to compete in the U.S. market for legal service. The downward price movement from this increased competition allows middle-class individuals who would otherwise have represented themselves to hire legal counsel — albeit, in some cases, counsel from individuals not licensed to practice in the client’s jurisdiction, or even in the client’s home country. Regulators, used to …
Attorney As Ethicist, Terry Szmagala
Attorney As Ethicist, Terry Szmagala
Akron Law Review
This is a transcript of Terry Szmagala’s speech from The University of Akron School of Law’s Miller-Becker Center for Professional Responsibility Symposium, Navigating the Practice of Law in the Wake of Ethics 20/20 – Globalization, New Technologies, and What It Means to Be a Lawyer in These Uncertain Times, which occurred April 4-5, 2013.
Real Metamorphosis Or More Of The Same: Navigating The Practice Of Law In The Wake Of Ethics 20/20 - Globalization, New Technologies, And What It Means To Be A Lawyer In These Uncertain Times, Jack P. Sahl
Akron Law Review
On April 4 and 5, 2013, The University of Akron School of Law’s Miller-Becker Center for Professional Responsibility (“MBC”) hosted the symposium, Navigating the Practice of Law in the Wake of Ethics 20/20 – Globalization, New Technologies, and What It Means to Be a Lawyer in These Uncertain Times (Ethics 20/20 – Uncertain Times). The symposium examined the myriad of changes and problems confronting the bar, legal education, and the courts. Although law schools, courts, and the organized bar have provided a steady supply of programs addressing the recent changes confronting the profession and legal education, Ethics 20/20 – Uncertain …
The Changing Face Of Legal Education: Its Impact On What It Means To Be A Lawyer, Thomas D. Morgan
The Changing Face Of Legal Education: Its Impact On What It Means To Be A Lawyer, Thomas D. Morgan
Akron Law Review
I have written a book called The Vanishing American Lawyer. My premise is not that too few people have a legal education. I say, instead, that what people now do with legal training is changing rapidly and likely will continue to become more diverse. That leaves me suggesting that there is little left to the general concept of being a lawyer. Yet people still talk about lawyers, and the question of what it means to be a lawyer is especially timely in light of current American Bar Association efforts to revise the standards by which American law schools are accredited. …
Trending@Rwu Law: Professor Diana Hassel's Post: Providence, Here We Come!, Diana Hassel
Trending@Rwu Law: Professor Diana Hassel's Post: Providence, Here We Come!, Diana Hassel
Law School Blogs
No abstract provided.
How To Kill A Zombie: Strategies For Dealing With The Aftermath Of The Foreclosure Crisis, Judith Fox
How To Kill A Zombie: Strategies For Dealing With The Aftermath Of The Foreclosure Crisis, Judith Fox
Journal Articles
The foreclosure crisis which began in 2008 is old news; or is it? A lot of attention has been paid to the plight of homeowners struggling to save their homes from foreclosure. Legislative and regulatory changes have made it easier for homeowners to navigate the loss mitigation process. A significant number of people, however, did not try to save their homes. In fact, some actively tried unsuccessfully to give the homes back to their lender. These abandoned homes and abandoned foreclosures have become zombie mortgages. This is the legacy of this crisis.
The existence of these homes is well documented …
Deborah Hansler V. Lehigh Valley Hospital Network
Deborah Hansler V. Lehigh Valley Hospital Network
2015 Decisions
USDC for the Eastern District of Pennsylvania