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Litigation Abuse And The Law Schools, John W. Reed
Litigation Abuse And The Law Schools, John W. Reed
Articles
At the Ninth Circuit Judicial Conference in July, 1983, one session was devoted to a discussion of "Excessive Discovery: A Symptom of Litigation Abuse." (Without knowing, I would guess that a similar title appeared on just about every judicial conference program this year-and last year, and the one before that.) Frank Rothman, President of MGM/United Artists, addressed the subject from the point of view of a corporate client, and his remarks are printed in this issue, beginning at page 342. Judges and trial lawyers expressed their views. And I was asked to comment on the extent to which the law …
The Ethics Of Argument: Plato's Gorgias And The Modern Lawyer, James Boyd White
The Ethics Of Argument: Plato's Gorgias And The Modern Lawyer, James Boyd White
Articles
In what follows I shall analyze Plato's text and do my best to suggest a response to it. But I should say at the outset that for the modern lawyer and law teacher this is not merely an academic exercise, for we in fact are rhetoricians very much as Plato defines them. What is at stake for us in reading this dialogue is what it means to have devoted ourselves to the set of social and intellectual practices that define the profession of law. We have a special relation to this text, for we can in the full Platonic sense …
The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White
The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White
Articles
My subject today is "legal literacy," but to put it that way requires immediate clarification, for that phrase has a wide range of possible meanings with many of which we shall have nothing to do. At one end of its spectrum of significance, for example, "legal literacy" means full competence in legal discourse, both as reader and as writer. This kind of literacy is the object of a professional education, and it requires not only a period of formal schooling but years of practice as well. Indeed, as is also the case with other real languages, the ideal of perfect …
Justice, Bureaucracy, And Legal Method, Jospeh Vining
Justice, Bureaucracy, And Legal Method, Jospeh Vining
Articles
In the real world justice denied is not justice. Talking from the beginning about access to justice, rather than simply justice, emphasizes in a salutary way this commonplace of citizen and client. Justice that is inaccessible, delayed, refused does not just sit there glowing like a grail, which those separated from it may contemplate and yearn for. It is only in imagining that justice is available to someone, and in imagining what it would be like to be that someone, that one can see the thing as justice at all. To put it in economic terms, justice is not a …
Women In The Law, James J. White
Women In The Law, James J. White
Articles
IN 1869 Belle A. Mansfield, reputedly the first female lawyer admitted to practice in the United States, was admitted to the state bar of Iowa. Others soon followed her and this dribble of women entering the legal profession has grown to a persistent and continuous trickle in the twentieth century, but it shows no signs of becoming a flood. At last count approximately 7,000 out of America's 300,000 listed lawyers were women. Since the practice of law-even in the most masculine and aggressive Perry Mason style-does not require a strong back, large muscles, or any of the other peculiarly male …
Ann Arbor And Legal Aid, James J. White
Ann Arbor And Legal Aid, James J. White
Articles
Since the leasing of its office in August 1965, the Washtenaw County Legal Aid Society has been open nearly 50 hours per week and has been staffed exclusively by second and third-year law students from the University of Michigan Law School. The bulk of the practice has been in family law--divorce, support, custody--but there have been a substantial number of creditor-debtor cases, a handful of misdemeanor defense cases, and a large batch of miscellaneous cases.
The Law School Of The University Of Michigan: 1859 - 1959, Elizabeth Gaspar Brown
The Law School Of The University Of Michigan: 1859 - 1959, Elizabeth Gaspar Brown
Articles
On October 3, 1959, the law school of the University of Michigan will have completed a hundred years of functioning existence. A century earlier, on October 3, 1859, James Valentine Campbell delivered an address On the Study of the Law at the Presbyterian Church in Ann Arbor, officially opening the law department.
Legal Education: Past, Present, Future, E. Blythe Stason
Legal Education: Past, Present, Future, E. Blythe Stason
Articles
For this Law School Centennial issue of the Journal, I am undertaking to offer, first, a retrospective view of legal education of the past generation, and, second, a speculative preview of the years that lie ahead. This is a task of no slight challenge, for legal education is a truly complex activity in a rapidly changing world. To present an evaluation of the past as well as a prediction for the future within the compass of a short article necessarily involves both brevity and careful selection of the features of the subject to be examined. Moreover, since I am principally …
An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland
An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland
Articles
Procedure has always been the bete noire of the law school teacher. No other subject has developed such divergent opinions or such endless debates. None recurs with such periodic frequency and in no field of legal pedagogy has discussion seemed so barren of results. Three different general sessions of the Association of American Law Schools during the last ten years have been devoted largely or wholly to the subject of teaching procedure, and yet no substantial progress seems to have been made toward a standardized scheme of treatment. Individual teachers and schools have their individual views and policies, and they …
Judicial Statesmen, John B. Waite
Judicial Statesmen, John B. Waite
Articles
KNOWLEDGE of the Common Law "doth no way conduce to the making of a statesman. It is a confined and topicall kind of Learning calculated only for the Meridian of WestministerHall, and reacheth no further than Dover. Transplant a Common Lawyer to Calice, and his head is no more usefull there than a Sun-dyal in a grave." So an anonymous individual placarded England, some three hundred years ago, in protest against the election of lawyers to Parliament. It is unquestionably true, today, that knowledge of the common law-in its customary connotation of precedent--does not in and of itself make a …
Reinstatement Of Disbarred Attorney, Edson R. Sunderland
Reinstatement Of Disbarred Attorney, Edson R. Sunderland
Articles
The petitioner asked to be reinstated. The court, excepting Justice Fellows, who concurred in the result but expressed no opinion, said they would be glad to reinstate him but for the fact that he was a non-resident, which in their opinion made him ineligible, but they gave their endorsement of his good character by vacating the order of disbarment. The questions which occur are these: 1. Did the court have the power to vacate its order of disbarment after the time for opening, amending or vacating judgments had passed? 2. Did the vacation of the order of disbarment operate ipso …
Attorney's Lien For Services - Set-Off Of Judgments, Edson R. Sunderland
Attorney's Lien For Services - Set-Off Of Judgments, Edson R. Sunderland
Articles
Anglo-Saxon judges, as members of the legal profession, have shown an admirable freedom from professional bias and class selfishness in dealing with questions involving the rights and privileges of members of their profession. With every opportunity offered for treating lawyers as a favored class, they have been able to maintain a detached and objective attitude toward them. Indeed, the courts seem to have preferred to be charged with excessive severity in dealing with their brethren of the bar rather than give the slightest ground for suspicion that they were capitalizing their power in the interest of the legal fraternity.
Privileged Communication Between Attorney And Client-Question Of Whether The Relation Exists Left To Jury-Party Allowed To Assign Error On Ruling Violating The Privilege, Victor H. Lane
Articles
This procedure was justified in the opinion in State v. Snook (Court of Errors and "Appeals of N. J., 1920), 109 Atl. 289. Snook was on trial for manslaughter charged as having been committed by the reckless driving of an automobile. After the act, Mimmick, one of the persons in the automobile, and afterward a witness for the defense, went to an attorney and had some conversation with him, the substance of which, as testified to by the attorney, was a recital by M. of what had occurred and an inquiry by him of the attorney as to what he …
Admission To The Bar, Edwin C. Goddard
Admission To The Bar, Edwin C. Goddard
Articles
This article is written in the belief that the hour is here when some changes in admissions to the bar should be urged and urged again, when some things often thought and discussed in certain assemblies should be openly and frankly talked over with the profession at large.
What Is The Outlook For The Lawyer?, Henry M. Bates
What Is The Outlook For The Lawyer?, Henry M. Bates
Articles
This is a question which is being asked with frequency and painful anxiety all over the country by young men expecting to go to the bar and by many who have only recently been admitted. To the veterna practitioner at the bar it may seem presumptuous that devoting his entire time and energy to law school work should undertake any sort of answer to the question thus propounded. Nevertheless, I venture to say the opportunities for studying and estimating the conditions and factors which must be taken into account in reaching and answer are in some respects quite good for …
Should Applicants For Admission To The Bar Be Required To Take A Law School Course?, Henry M. Bates
Should Applicants For Admission To The Bar Be Required To Take A Law School Course?, Henry M. Bates
Articles
If the requirements for admission to the bar had been advanced in any thing like equal degree with the progress made in law schools, there would be unqualified reasons for rejoicing in the prospect. Unfortunately, however, this is far from the case, though some notable advances even in this respect have been made. It is remarkable and unfortunate that in America and in Great Britain, whose system of law is undoubtedly the most difficult of all systems in the world to master, we require no institutional or school training of the men who are to fill the important functions of …
Defects In Our Legal System, Henry M. Bates
Defects In Our Legal System, Henry M. Bates
Articles
That the practice of law and the administration of justice are under a fire of popular distrust and criticism of extraordinary intensity requires no proof. A fact of which there is evidence in numerous contemporary books, in almost every magazine, in the daily papers, in the remarks, or the questions, or it may be in the sneers, of one's friends, requires no further demonstration. The only questions of importance to be answered are to what extent this criticism and this distrust are well founded, what are the remedies for such defects as exist, and how and by whom should they …
Popular Discontent With Law And Some Proposed Remedies, Henry M. Bates
Popular Discontent With Law And Some Proposed Remedies, Henry M. Bates
Articles
That the practice of law and the administration of justice are under the fire of popular distrust and criticism of extraordinary intensity requires no proof. A fact of which there is evidence in numerous contemporary books, in almost every magazine, in the daily papers, in the remarks, or the questions, or it may be in the sneers of one's friends, requires no further demonstration. The only questions of importance to be answered are to what extent this criticism and this distrust are well founded, what are the remedies for such defects as exist, and what are we lawyers going to …
The Art Of Legal Practice, Edson R. Sunderland
The Art Of Legal Practice, Edson R. Sunderland
Articles
In one respect the law is the most perplexing subject with which a man can deal. It shifts and changes so rapidly that only a nimble and diligent student can keep abreast of it. One is likely to wake up any morning and find that the legislature has repealed a good part of what he knows, and he is in constant danger of having his most carefully formed opinions completely upset by a new decision of the Supreme Court. These violent changes are not due to any new discoveries, such as constantly enliven the scientific world, but merely to the …
The Art Of Legal Practice, Edson R. Sunderland
The Art Of Legal Practice, Edson R. Sunderland
Articles
In one respect the law is the most perplexing subject with which a man can deal. It shifts and changes so rapidly that only a nimble and diligent student can keep abreast of it. One is likely to wake up any morning and find that the legislature has repealed a good part of what he knows, and he is in constant danger of having his most carefully formed opinions completely upset by a new decision of the Supreme Court. These violent changes are not due to any new discoveries, such as constantly enliven the scientific world, but merely to the …
The Law Teacher--His Functions And Responsibilities, Harry B. Hutchins
The Law Teacher--His Functions And Responsibilities, Harry B. Hutchins
Articles
The notion that the teaching of the law is quite as much a profession as is the practice of it, and that it demands an intellectual equipment of a high order, is probably gaining ground. It is fully recognized by those who understand what systematic legal education, as carried on to-day in our leading law schools, really is. But as yet the majority of laymen, and very many lawyers, probably most lawyers who were educated under the old regime as well as most of those who have come to the bar through the law office, fail to appreciate the full …
Disbarment Or Suspension Of Attorney, Harry B. Hutchins
Disbarment Or Suspension Of Attorney, Harry B. Hutchins
Articles
The decision of the Supreme Court of Oregon in the case of State ex rel Grievance Committee of State Bar Association v. Tanner, rendered Jan. 12, 19O7, 88 Pac. Rep. 301, is of sufficient importance to merit brief notice. The proceeding was instituted by the grievance committee of the State Bar Association for the removal from practice of the defendant, an attorney at law, under a statute of the State that provides for the removal or suspension of an attorney from practice by the Supreme Court "upon his being convicted of a felony or of a misdemeanor involving moral turpitude."
Embarassments To Legal Education, Jerome C. Knowlton
Embarassments To Legal Education, Jerome C. Knowlton
Articles
In European countries a student is not allowed to undertake the study of law until he has received a degree equivalent to the A. B. degree in American colleges, and the minimum term of study is three years, and in some cases four or even five years are required. With some mortification, we recognize that the profession of law in this country has not approximated this high standard.
Law Schools And Legal Education, Henry W. Rogers
Law Schools And Legal Education, Henry W. Rogers
Articles
In the February number of the AMERICAN LAW REGISTER, there appeared an interesting article from the pen of Mr. Henry Budd, discussing the relation of law schools to legal education. The motive which inspired the writing of the article, was a commendable one, and the desire of the writer to have a higher standard established, governing admissions to the bar, will be quite generally concurred in. No one could read the article in question, however, without readily perceiving that the law schools of the United States were considered to be, in large measure, responsible for the admission to the bar …
Materials Of Jurisprudence, James V. Campbell
Materials Of Jurisprudence, James V. Campbell
Articles
This period is marked by rather more strenuous efforts than have been made before in this country, to solve the problem of condensing and simplifying the law. Our own day is peculiar in the endeavors we have seen to evolve what is claimed to be a science of jurisprudence. Some admirable writers have succeeded in dividing the domain of law into its larger or smaller fields, and have shown with more or less fulness the relative positions of these, and their mutual dependence. This is a valuable service; for all lawyers know that, without a reasonably clear perception of the …