Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (33)
- Washington and Lee University School of Law (6)
- Cleveland State University (3)
- Pepperdine University (2)
- Schulich School of Law, Dalhousie University (2)
-
- Touro University Jacob D. Fuchsberg Law Center (2)
- Campbell University School of Law (1)
- Florida International University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Mitchell Hamline School of Law (1)
- Northwestern Pritzker School of Law (1)
- Southern Methodist University (1)
- Vanderbilt University Law School (1)
- West Virginia University (1)
- Publication Year
- Publication
-
- Michigan Law Review (12)
- Michigan Journal of International Law (11)
- Washington and Lee Law Review (6)
- University of Michigan Journal of Law Reform (5)
- Cleveland State Law Review (3)
-
- Dalhousie Law Journal (2)
- Touro Law Review (2)
- University of Michigan Journal of Law Reform Caveat (2)
- Campbell Law Review (1)
- FIU Law Review (1)
- Indiana Journal of Global Legal Studies (1)
- Michigan Business & Entrepreneurial Law Review (1)
- Michigan Journal of Gender & Law (1)
- Michigan Journal of Race and Law (1)
- Mitchell Hamline Law Review (1)
- Northwestern Journal of Technology and Intellectual Property (1)
- Pepperdine Dispute Resolution Law Journal (1)
- Pepperdine Law Review (1)
- SMU Law Review Forum (1)
- Vanderbilt Law Review (1)
- West Virginia Law Review (1)
Articles 31 - 56 of 56
Full-Text Articles in Law
Inside The Law: Canadian Law Firms In Historical Perspective, Douglas C. Harris
Inside The Law: Canadian Law Firms In Historical Perspective, Douglas C. Harris
Dalhousie Law Journal
This collection of essays edited by Carol Wilton' chronicles the changing character of Canadian law firms from the "golden age" of the sole practitioner in the nineteenth century to the mega-firms of the late twentieth. Most of the essays describe the changing profession through a case study of a single lawyer or firm, and Wilton has collected a representative sample of firms from across the country. Some of the firms remained small or disappeared, while others grew into full-service corporate commercial law firms of several hundred lawyers. Most of the essays focus on the personalities of the lawyers involved, their …
Seeking Shelter In The Minefield Ofunintended Consequences - The Traps Oflimited Liability Law Firms, Susan Saab Fortney
Seeking Shelter In The Minefield Ofunintended Consequences - The Traps Oflimited Liability Law Firms, Susan Saab Fortney
Washington and Lee Law Review
No abstract provided.
Moving Ground, Breaking Traditions: Tasha's Chronicle, Angela I. Onwuachi-Willig
Moving Ground, Breaking Traditions: Tasha's Chronicle, Angela I. Onwuachi-Willig
Michigan Journal of Race and Law
This Note uses a fictional dialogue to analyze and engage issues concerning stereotypes, stigmas, and affirmative action. It also highlights the importance of role models for students of color and the disparate hiring practices of law firms and legal employers through the conversations and thoughts of its main character, Tasha Crenshaw.
Back To The Future: The Buyer's Market And The Need For Law Firm Leadership, Creativity And Innovation, F. Leary Davis
Back To The Future: The Buyer's Market And The Need For Law Firm Leadership, Creativity And Innovation, F. Leary Davis
Campbell Law Review
[Examines] how the legal market and legal profession have changed as they have transitioned from a buyer's to a seller's market and back over the last forty years.
The Growth Of Interdisciplinary Research And The Industrial Structure Of The Production Of Legal Ideas: A Reply To Judge Edwards, George L. Priest
The Growth Of Interdisciplinary Research And The Industrial Structure Of The Production Of Legal Ideas: A Reply To Judge Edwards, George L. Priest
Michigan Law Review
This brief response will attempt to repair these various deficiencies, though only in part because of the difficulty of the subject. It will try to explain more fully the rise of interdisciplinary legal research and will sketch the broader structure of the production and dissemination of new ideas about law and the legal system. The relationship between legal education and legal practice implicates an understanding of the "market" for legal ideas. To describe ideas as the subject of a "market," of course, has become conventional. In my view, however, the market metaphor most typically distorts our understanding of the issue, …
An Academic Visit To The Modern Law Firm: Considering A Theory Of Promotion-Driven Growth, Frederick W. Lambert
An Academic Visit To The Modern Law Firm: Considering A Theory Of Promotion-Driven Growth, Frederick W. Lambert
Michigan Law Review
A Review of Tournament of Lawyers: The Transformation of the Big Law Firm by Marc Galanter and Thomas Palay
The 1988 Vanderbilt Law Review Symposium The Modern Practice Of Law: Assessing Change, William E. Pilsk
The 1988 Vanderbilt Law Review Symposium The Modern Practice Of Law: Assessing Change, William E. Pilsk
Vanderbilt Law Review
The legal profession has long embraced an ironic contradiction:lawyers help clients respond to or create change, yet at the same time lawyers steep themselves in tradition and pride themselves on professional stability. Thus we have the image of the conservative, pedigreed attorney, clad in dark wool, who helps his client accomplish new and daring objectives, but who generally resists changes in his or her relationship with the client. For many years this image has served as the ideal for the legal profession, and rules and standards evolved to preserve that ideal.For generations the legal profession has adhered to its traditions …
In Defense Of A Double Standard In The Rules Of Ethics: A Critical Reevaluation Of The Chinese Wall And Vicarious Disqualification, Frances Witty Hamermesh
In Defense Of A Double Standard In The Rules Of Ethics: A Critical Reevaluation Of The Chinese Wall And Vicarious Disqualification, Frances Witty Hamermesh
University of Michigan Journal of Law Reform
This Note suggests that no change is warranted at the present time; courts should not adopt the Chinese wall defense to vicarious disqualification of private firms. The Chinese wall should, however, continue to operate as an internal device for protection of confidentiality. As such, it encourages firms to avoid disqualification by obtaining client consent to successive representation. Neither the historical record of the work of the Commission on the Evaluation of Professional Standards (the Kutak Commission), the empirical evidence currently available, nor the pragmatic arguments offered by many commentators justify an exception to, or modification of, the standard of imputed …
Doing Business With The People's Republic Of China: The Role Of Foreign Lawyers, Jamie P. Horsley
Doing Business With The People's Republic Of China: The Role Of Foreign Lawyers, Jamie P. Horsley
Michigan Journal of International Law
This article describes the nature of a legal practice involving business transactions with entities in the P.R.C. and the role of the foreign, or non-national, lawyer in such transactions. Part I focuses on the increasing volume of Chinese legislation and international agreements affecting foreign trade and investment in the P.R.C., and the difficulties of keeping abreast of and interpreting this recent legislation. Part II examines the role of foreign lawyers in Chinese business transactions. It also discusses the need for competence in the Chinese language, practical problems encountered in practicing in the P.R.C., and the use of local Chinese counsel. …
A Federal Bar For Foreign Lawyers, Christopher J. Caywood
A Federal Bar For Foreign Lawyers, Christopher J. Caywood
Michigan Journal of International Law
Part I of this note presents the case for a national bar to regulate foreign lawyers. National regulation would likely enable the United States to conclude reciprocity agreements with foreign nations that would enhance the treatment of U.S. attorneys abroad. It would also benefit the American public by increasing the availability of legal expertise on foreign and international law, and encouraging international trade in services. Part II addresses potential objections to a federal bar regulating foreign lawyers. Part A examines state and local bar associations' concerns regarding the maintenance of adequate levels of legal and ethical competence. It argues that …
The Role Of The Western Lawyer In East-West Transactions, Jeffrey M. Hertzfeld
The Role Of The Western Lawyer In East-West Transactions, Jeffrey M. Hertzfeld
Michigan Journal of International Law
This article identifies and analyzes the special areas which the Western lawyer must consider when advising a client regarding an East-West transaction. These areas, although interrelated, have been categorized for clarity and ease of analysis. Part I outlines approaches for dealing with the legal and economic environment in which business negotiations are conducted. It describes the practical knowledge that lawyers must possess in order to help clients gain access to non-market countries. It also explains the process of identifying and understanding the roles and duties of various parties in Eastern countries. Part II discusses the structuring of contract negotiations in …
The Role Of Law And Lawyers In Japan And The United States, Isaac Shapiro, Michael K. Young
The Role Of Law And Lawyers In Japan And The United States, Isaac Shapiro, Michael K. Young
Michigan Journal of International Law
The issues raised in connection with delivery of legal services in Japan are complex and best understood against the backdrop of the development of the legal profession in Japan. Part I of this article discusses the history of the Japanese legal profession, especially its recent history. Part II shows how this development has shaped the issues in the current dispute. It recounts the development of the dispute, the arguments that have been made on the Japanese and American sides, and the course of the negotiations over legal services as part of the Japan-U.S. trade agenda. This article concludes with a …
A Statutory Analysis Of The Right Of U.S. Lawyers To Practice In Japan, Cecelia Norman
A Statutory Analysis Of The Right Of U.S. Lawyers To Practice In Japan, Cecelia Norman
Michigan Journal of International Law
This note argues that the JFBA's position is legally untenable. There is no legal bar to the establishment of firms by U.S. attorneys unlicensed to practice in Japan, provided they restrict their activities to advising non-Japanese companies on foreign and international law. Two central issues shape this debate: (1) the extent of the bengoshi monopoly conferred by the Lawyer Law; and (2) the scope of Japan's obligation to the United States under the Treaty of Friendship, Commerce, and Navigation (FCN Treaty) concluded in 1953.
Annex: Provisional Regulations On Lawyers Of The People's Republic Of China, Michigan Journal Of International Law
Annex: Provisional Regulations On Lawyers Of The People's Republic Of China, Michigan Journal Of International Law
Michigan Journal of International Law
To some Western readers, the function of Chinese lawyers as described in translations of the Provisional Regulations will appear comparable to the function of lawyers in the United States and many Western European countries. In at least one news release following enactment of the law, however, the government of the People's Republic of China denied any apparent similarity. A reprint of the Regulations and the Chinese Government's position as published in the Renmin Ribao, the official government newspaper, follows.-eds.
The Practice Of Law By Foreign Lawyers In The Sultanate Of Oman, J. H. A. Mchugo
The Practice Of Law By Foreign Lawyers In The Sultanate Of Oman, J. H. A. Mchugo
Michigan Journal of International Law
This article discusses the practice of foreign commercial lawyers operating through branch offices of foreign firms in the Sultanate of Oman. In order to see how the present situation has developed, it is necessary to consider the particular circumstances of modern Oman. Part I outlines some important aspects of Oman's history. Part II focuses on the development of the Omani legal and judicial system since 1970 with regard to commercial law. Finally, part III examines the practice of the foreign lawyer operating in Oman, and illustrates the kind of legal work which he may carry out.
Legal Practice Shaped By Loyalty To Tradition: The Case Of Saudi Arabia, Carolyn R. Ruis
Legal Practice Shaped By Loyalty To Tradition: The Case Of Saudi Arabia, Carolyn R. Ruis
Michigan Journal of International Law
This note employs Saudi Arabia as an example of an Islamic country that has retained its religious traditions while being forced by economic necessity to adopt some Western commercial practices. Part I reviews the legal system of Saudi Arabia, highlighting the major differences and similarities between it and Western commercial law. Part II considers the legal requirements and cultural norms which Western attorneys should be prepared to observe while practicing in a traditional Islamic society. It suggests that strict adherence to custom and the Saudi Government's recent attempts to strengthen restrictions on both the professional and personal lives of expatriates …
Obstacles To The Implementation Of The Treaty Of Rome Provisions For Transnational Legal Practice, Gerald L. Greengard
Obstacles To The Implementation Of The Treaty Of Rome Provisions For Transnational Legal Practice, Gerald L. Greengard
Michigan Journal of International Law
This note argues that the Treaty of Rome has had, and will continue to have, little impact on legal practitioners within the European Community. Part I examines Community barriers to transnational legal practice among the EC nations. It looks first at the history and shortcomings of the 1977 Directive on Freedom of Lawyers to Provide Services. It then describes the effect of the failure of the Council of the European Community to enact a directive mandating mutual recognition of legal degrees. It concludes that neither the Council nor the European Court of Justice is likely to eliminate existing Community-wide barriers …
Legal Services And The Trade And Tariff Act Of 1984, Michael K. Grace
Legal Services And The Trade And Tariff Act Of 1984, Michael K. Grace
Michigan Journal of International Law
Part I of this note outlines the major nontariff barriers (NTBs) to trade in services. Part II discusses the provisions of the Trade and Tariff Act that are aimed at the reduction of those barriers. Part III examines the applicability of the TTA to legal services and the potential limitations on the provisions of an international agreement for that particular service industry. It concludes that concerns over state sovereignty, while no longer posing a constitutional obstacle to an international agreement on trade in services, will remain an important political force in the shaping of such an agreement.
The Law Business, David W. Belin
The Law Business, David W. Belin
Michigan Law Review
A Review of The Law Business: A Tired Monopoly by Joseph W. Bartlett and The Partners by James B. Stewart
Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review
Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review
Michigan Law Review
Part I of the Note discusses canon 4, first explaining the presumptions and policies that underlie it, then arguing that courts should enforce prospective waivers of the presumption of shared confidences when conditioned on the law firm's effective screening of client confidences - keeping them from the attorneys within the firm who will take part in the adverse representation. Part II turns to canon 5, and argues that prospective waivers of the presumption of diluted loyalties should be enforced against clients moving to disqualify law firms for a canon 5 violation.
Law School Never Stops, Robert L. Clare
Law School Never Stops, Robert L. Clare
Cleveland State Law Review
In the past, law school graduates were molded into lawyers through along period of training. However, the modern legal community - law firms, law staffs of corporations and government agencies, bar associations, continuing legal education institutes and law schools - has begun to implement a whole new philosophy of legal training predicated upon the direct teaching of legal practice skills rather than the experience orientated process.
Applicability Of Federal Antidiscrimination Legislation To The Selection Of A Law Partner, Michigan Law Review
Applicability Of Federal Antidiscrimination Legislation To The Selection Of A Law Partner, Michigan Law Review
Michigan Law Review
The decision by the members of a law partnership to invite an associate of the firm to become a partner involves careful consideration of the associate's qualifications. Recently some associates who have been denied advancement to partnership have alleged improper consideration of religion, national origin, or sex in the partner selection process. There are, of course, practical difficulties in proving discrimination in the subjective context of partnership selection. Assuming clear evidence of such discrimination, this Note addresses the question whether an associate may invoke the protection of federal antidiscrimination legislation.
The Other View Of The Other Government, Mark Green
The Other View Of The Other Government, Mark Green
Michigan Law Review
A Review of The Other View of The Other Government: A Reply
The Other Government, Daniel D. Polsby
The Other Government, Daniel D. Polsby
Michigan Law Review
A Review of The Other Government by Mark J. Green
Lay Divorce Firms And The Unauthorized Practice Of Law, Arthur R. Miller
Lay Divorce Firms And The Unauthorized Practice Of Law, Arthur R. Miller
University of Michigan Journal of Law Reform
Effective January 1, 1972, Michigan adopted a no-fault divorce law. Since that time, at least two firms in the Detroit area have gone into the business of providing assistance to people wishing to process their own divorces. These enterprises, which have been dubbed divorce firms or divorce kit firms, have come under heavy attack from the organized bar. The State Bar of Michigan has instituted court proceedings against one firm for the unauthorized practice of law, and a court on its own initiative has already issued an injunction against the other. These cases raise two important issues: whether the divorce …
A Revolution In The Law Practice, F. William Mccalpin
A Revolution In The Law Practice, F. William Mccalpin
Cleveland State Law Review
When I was a boy, there was a popular abbreviated saying, "Comes the revolution," with the usually unsaid, but well understood additive, "Things will be different around here." My suggestion in this writing is that we may well be on the verge of a revolution in the practice of law, and that things may indeed "be different around here" in the practice.