Law Commons^™

Private Sanctions, Public Harm?, Jon J. Lee

BYU Law Review

The legal profession has a secret. In response to widespread public distrust in the profession’s ability to regulate itself, disciplinary authorities have undertaken modest efforts over the last several decades to make their activities more transparent. They have opened up their formal proceedings, publicized the identities of sanctioned attorneys, and shared information about their work online. But at the same time, most have quietly continued to resolve cases of ostensibly “minor” and “isolated” misconduct through private sanctions, keeping the identities of disciplined attorneys – and their misconduct – hidden from view.

This Article takes a comprehensive look at private sanctions …

Comments On James C. Phillips & Jesse Egbert, Advancing Law And Corpus Linguistics: Importing Principles And Practices From Survey And Content-Analysis Methodologies To Improve Corpus Design And Analysis, Edward Finegan

BYU Law Review

No abstract provided.

A Lawyer’S Introduction To Meaning In The Framework Of Corpus Linguistics, Neal Goldfarb

BYU Law Review

Corpus linguistics is more than just a new tool for legal interpretation. Work in corpus linguistics has generated new ways of thinking about word meaning and about the interpretation of words in context. These insights challenge the assumptions that lawyers and judges generally make about words and their meaning. Although the words that make up a sentence are generally regarded as the basic units of meaning, corpus analysis has shown that in many cases, the meaning of a word as it is used in a given context is a function, not of the word by itself, but of the word’s …

Corpus Linguistics As A Tool In Legal Interpretation, Lawrence M. Solan, Tammy Gales

BYU Law Review

In this paper, we set out to explore conditions in which the use of large linguistic corpora can be optimally employed by judges and others tasked with construing authoritative legal documents. Linguistic corpora, sometimes containing billions of words, are a source of information about the distribution of language usage. Thus, corpora and the tools for using them are most likely to assist in addressing legal issues when the law considers the distribution of language usage to be legally relevant. As Thomas R. Lee and Stephen C. Mouritsen have so ably demonstrated in earlier work, corpus analysis is especially helpful when …

Postdoc Payback: A Call For Reform Comments, Peter A. Hecker

Brigham Young University Journal of Public Law

No abstract provided.

Raising The Bar: Establishing An Effective Remedy Against Ineffective Counsel, Joseph H. Ricks

BYU Law Review

No abstract provided.

What Color Is The Number Seven? Category Mistakes Analysis And The "Legislative/Non-Legislative" Distinction, John Martinez

Brigham Young University Journal of Public Law

No abstract provided.

Essay: Philemon, Marbury, And The Passive-Aggressive Assertion Of Legal Authority, Paul J. Larkin Jr.

Brigham Young University Journal of Public Law

No abstract provided.

The Folly Of Expecting Evil: Reconsidering The Bar’S Character And Fitness Requirement, Leslie C. Levin

BYU Law Review

No abstract provided.

Akzo And The Debate On In-House Privilege In The European Union, Clinton R. Long

Brigham Young University International Law & Management Review

No abstract provided.

Government Speech And The Publicly Employed Attorney, Margaret Tarkington

BYU Law Review

In Garcetti v. Ceballos, the U.S. Supreme Court incorporated the "government speech" doctrine into its case law regarding the speech rights of public employees. This incorporation had the effect of nullifying a public employee's free speech rights whenever the employee is speaking pursuant to her official duties. While the Garcetti rule may be problematic in a number situations, it is particularly problematic as applied to publicly employed attorney speech, most notably the speech of prosecutors and public defenders. Attorney speech (including the speech of publicly employed attorneys) is not government speech and should not be treated as government speech. A …

Ineffective Assistance Of Counsel In Plea Bargain Negotiations , Paul J. Sampson

BYU Law Review

No abstract provided.

A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis

BYU Law Review

No abstract provided.

Commercial Speech, "Irrational" Clients, And The Persistence Of Bans On Subjective Lawyer Advertising, Nat Stern

BYU Law Review

No abstract provided.

Externships And New Lawyer Mentoring: The Practicing Lawyer's Role In Educating New Lawyers, James Backman

Brigham Young University Journal of Public Law

Law schools and bar associations have begun successful and sustainable programs to assist law students and new lawyers in making the transition from law school to the first year of legal practice. The key to the universal availability of these proven approaches is the willingness of experienced lawyers to become supervising mentors for law school externship programs and for bar association mentoring programs for new lawyers. The traditional roadblocks to implementation of these programs have disappeared by eliminating the heavy costs involved in traditional law school clinical programs and by adding quality controls to bar association programs to assure that …

Reproducing Gender On Law School Faculties, Ann C. Mcginley

BYU Law Review

No abstract provided.

The Paradox Of Legal Expertise: A Study Of Experts And Novices Reading The Law, Leah M. Christensen

Brigham Young University Education and Law Journal

No abstract provided.

Surfing The Next Wave Of Outsourcing: The Ethics Of Sending Domestic Legal Work To Foreign Countries Under New York City Opinion 2006-3, Keith Woffinden

BYU Law Review

No abstract provided.

Forming The Human Person: Can The Seminary Model Save The Legal Profession?, Stephen M. Siptroth

Brigham Young University Education and Law Journal

No abstract provided.

Regulation By Networks, Avitai Aviram

BYU Law Review

No abstract provided.

Rex E. Lee Conference On The Office Of The Solicitor General Of The United States

BYU Law Review

No abstract provided.

Risky Business: Attorney Liability In Insurance Defense Litigation-A Review Of The Arizona Supreme Court's Decision In Paradigm Insurance Co. V. Langerman Law Offices

BYU Law Review

No abstract provided.

How Secrets Are Kept: Viewing The Current Clergy-Penitent Privilege Through A Comparison With The Attorney-Client Privilege, Shawn P. Bailey

BYU Law Review

No abstract provided.

Special Education Attorneys' Fees After Buckhannon Board & Care Home, Incorporated V. West Virginia Department Of Health And Human Resources, Mark C. Weber

Brigham Young University Education and Law Journal

No abstract provided.

The (So-Called) Liability Of Criminal Defense Attorneys: A System In Need Of Reform, Meredith J. Duncan

BYU Law Review

No abstract provided.

At The Helm Of The Multidisciplinary Practice Issue After The Aba's Recommendation: States Finding Solutions By Taking Stock In European Harmonization To Preserve Their Sovereignty In Regulating The Legal Profession, Robert K. Christensen

BYU Law Review

No abstract provided.

Taxation Of An Attorney's Contingency Fee Of A Punitive Damages Recovery: The Srivastava Approach, Benjamin C. Rasmussen

Brigham Young University Journal of Public Law

No abstract provided.

One Trillion Dollars? An Analysis Ofy2k Employment Implications For Attorneys, David M. Kono

BYU Law Review

No abstract provided.

The Struggle Between Legal Theory And Practice: One Law Student's Effort To Maintain The "Proper" Balance, Fernando M. Pinguelo

Brigham Young University Education and Law Journal

No abstract provided.

Hear No Evil, See No Evil, Speak No Evil: The Intolerable Conflict For Attorney-Mediators Between The Duty To Maintain Mediation Confidentiality And The Duty To Report Fellow Attorney Misconduct, Pamela A. Kentra

BYU Law Review

No abstract provided.