Law Commons^™

See Erie: Critical Study Of Legal Authority, Kris Franklin

Articles & Chapters

No abstract provided.

The Two Hemispheres Of Legal Education And The Rise And Fall Of Local Law Schools, Randolph N. Jonakait

Articles & Chapters

The recently published Urban Lawyers: The New Social Structure of the Bar by John P. Heinz, Robert L. Nelson, Rebecca L. Sandefur, and Edward O. Laumann documents that the legal profession is largely divided into two hemispheres, where lawyers on one side represent large organization, primarily corporations, and practice in large firms, while on the other side, they represent individuals and small businesses and practice in small firms or as solo practitioners. More and more of the total of legal fees has been going to the big-firm, corporate sector, and the incomes in this sphere have been increasing dramatically. Meanwhile, …

Law In The Plays Of Elmer Rice, Randolph N. Jonakait

Articles & Chapters

While novels, short stories, television shows, movies, and classic dramas are often analyzed for insights into the law, modern plays are seldom similarly examined. The plays of Elmer Rice, however, should be discussed by those interested in our legal system. Rice, although now largely forgotten, was a leading playwright of the last century. He was a law school graduate, and his work often incorporated legal themes. His plays provide provocative commentaries about the law and raise dilemmas about justice and ethics that resonate today. This essay explores the interplay between plays and the law by examining the life and work …

Courtroom Applications Of Virtual Environments, Immersive Virtual Environments, And Collaborative Virtual Environments., Jeremy Bailenson, Jim Blascovich, Andrew Beall, Beth Simone Noveck

Articles & Chapters

This article examines the possibilities and implications of employing virtual environments (VEs), immersive virtual environments (IVEs), and collaborative virtual environments (CVEs) in the courtroom. We argue that the immersive and interactive reality created by these tools adds significant value as a simulation of experience to enhance courtroom practice. The obvious boundaries between real and virtual enhance the attractiveness of these tools as technologies of rhetorical persuasion that can be used to demonstrate subjective perspective, strengthen or impeach the credibility of witnesses, and provide the trier of fact with a better understanding of each side's perception of the facts at issue. …

On Being Among Friends: A Response To Eugene Garver’S For The Sake Of Argument, Richard Sherwin

Articles & Chapters

No abstract provided.

Great Case For Clinical Courses, Brandt Goldstein

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No abstract provided.

Five Years Later: Reconsidering The Original Aba Report On Mdp, Sydney M. Cone Iii.

Articles & Chapters

Reconsidering the original report issued in 1999 by the ABA Commission on Multidisciplinary Practice, this essay suggests that that report properly attempted to deal with questions of legal ethics that might arise if the practice of law by lawyers were integrated into an enterprise in which nonlawyers had a significant degree of ultimate control, but that the commission, perhaps because of undue time pressure, neglected to pursue these questions deeply enough. This essay suggests that more was needed than a proposed mechanism for self-certification of compliance with rules of legal ethics, coupled with possible review of compliance. The "more" that …

Integrating Legal Research Skills Into Commercial Law, Camille Broussard, Karen Gross

Articles & Chapters

No abstract provided.

Justice Still Fails: A Review Of Recent Efforts To Compensate Individuals Who Have Been Unjustly Convicted And Later Exonerated, Adele Bernhard

Articles & Chapters

With this Article, I hope to motivate state legislators to enact responsible, practical compensation statutes and encourage courts to entertain state law and civil rights claims brought by those who have been unjustly convicted and later exonerated. I begin by looking at the reasons for enacting compensation statutes: uniformity, practicality, popular support, and fairness. Next, I dissect the arguments raised by opponents. Finally, I turn to recent judicial decisions hinting that courts may be stepping in where legislatures fear to tread.

Preface, Symposium: Criminal Defense In The Age Of Terrorism, Tanina Rostain, Donald Zeigler

Articles & Chapters

No abstract provided.

Rhetoric, Advocacy And Ethics: Reflections On Shakespeare's Julius Caesar, Stephen A. Newman

Articles & Chapters

The rhetorical skill necessary to speaking and writing persuasively may be studied with great profit by exploring realms of knowledge far from the courtroom and the law office. Literature naturally comes to mind as a rich resource for the study of persuasion. For this essay, I have chosen a well-known set of speeches that appear in William Shakespeare's Julius Caesar to illustrate various aspects of persuasion.

In the play's most riveting scene, Marcus Brutus and Mark Antony speak before a crowd of Romans, giving their opposing views of the assassination of Caesar. Brutus claims justification for his and his co-conspirators' …

Designing Deliberative Democracy In Cyberspace: The Role Of The Cyber-Lawyer, Beth Simone Noveck

Articles & Chapters

No abstract provided.

Anastasoff Versus Hart: The Constitutionality And Wisdom Of Denying Precedental Authority To Circuit Court Decisions, Michael B.W. Sinclair

Articles & Chapters

No abstract provided.

Views On Multidisciplinary Practice With Particular Reference To Law And Economics, New York, And North Carolina, Sydney M. Cone Iii.

Articles & Chapters

This Article-after describing analytical gaps in the work of the ABA Commission on MDP, and after criticizing the analysis of MDP by the law and economics school and the Big Five subset thereof-sets forth, with commentary, proposals relating to MDP developed by the New York State Bar Association and the MDP Task Force of the North Carolina Bar Association. It concludes by comparing these proposals in the context of the law governing lawyers in the United States.

How To Cross-Train For Peak Lawyering, Heidi K. Brown

Articles & Chapters

No abstract provided.

A Law Of Healing, Michael L. Perlin

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No abstract provided.

The Future Debate On Multidisciplinary Practice In The United States, Sydney M. Cone Iii.

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No abstract provided.

Ted Mearns: Colleague, Teacher, Friend, Gerald Korngold

Articles & Chapters

No abstract provided.

Religion And The Public Defender, Sadiq Reza

Articles & Chapters

It takes a special breed to have the understanding, compassion

and dedication to do what criminal defense lawyers do .... As

for public defenders - they are doing God's work. If Christ had

been a lawyer, he would have been a public defender.

Virtually all public defenders fight a daily battle against burnout

and the creeping erosion of confidence that inevitably accompany

defending acts we cannot condone and protecting those who are

the source of so much harm and grief. . . . Whether the process

unfolds subtly or suddenly, all defenders must confront the disturbing

consequences of their zealous …

Private Bar Monitors Public Defense - Oversight Committee Sets Standards For Indigent Defense Providers, Adele Bernhard

Articles & Chapters

The oversight committee drafted standards and guidelines with the primary goal of creating a yardstick for defense services organizations against which to measure performance and the hope that a practical set of standards serve multiple purposes, including: educating a skeptical public about what it takes to provide quality defense services; promoting an understanding of why adequate funding is necessary (to engender public support for more spending); and providing notice to the organizations themselves of what is expected of a publicly funded defense office.

Ethical Issues Panel Symposium: The Future Of Legal Services: Legal And Ethical Implications Of The Lsc Restrictions, Stephen Ellmann

Articles & Chapters

No abstract provided.

A Us Perspective On Europe's Right Of Establishment Debate, Sydney M. Cone Iii.

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No abstract provided.

Working For Social Change And Preserving Client Autonomy: Is There A Role For ‘Facilitative’ Lawyering?, Richard D. Marsico

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No abstract provided.

Lawyering Theory: An Overview What We Talk About When We Talk About Law, Richard Sherwin

Articles & Chapters

No abstract provided.

Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin

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No abstract provided.

Are Some Lawyers More Equal Than Others?, Sydney M. Cone Iii.

Articles & Chapters

No abstract provided.

Lessons From A Writing Audit, Tom Goldstein, Jethro K. Lieberman

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No abstract provided.

The Future Of Foreign Law Offices In Japan, Sydney M. Cone Iii.

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No abstract provided.

Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger

Articles & Chapters

This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …

Dealing With The Limits Of Vision: The Planning Process And The Education Of Lawyers, Lawrence Lederman, Jay Levenson

Articles & Chapters

No abstract provided.