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Full-Text Articles in Law

Chaos Or Continuity? The Legal Profession: From Antiquity To The Digital Age, The Pandemic, And Beyond, Jan L. Jacobowitz Feb 2021

Chaos Or Continuity? The Legal Profession: From Antiquity To The Digital Age, The Pandemic, And Beyond, Jan L. Jacobowitz

Vanderbilt Journal of Entertainment & Technology Law

The idea of individuals entering into a social contract to relinquish some of their rights in order to have a civilized society protect their fundamental rights originates at least as early as ancient Greece, where it was espoused by the philosopher Epicurus. Implicit in a social contract is the enactment of laws to achieve a democratic, civilized society and the concept of advocacy. Advocacy exists to protect an individual’s rights. The legal profession originated organically as the citizens of ancient Greece and Rome recognized the need for professional advocates. From this nascent beginning, the legal profession has evolved over centuries …


Lawyers As Social Engineers: How Lawyers Should Use Their Social Capital To Achieve Economic Justice, Dana Thompson Jan 2021

Lawyers As Social Engineers: How Lawyers Should Use Their Social Capital To Achieve Economic Justice, Dana Thompson

Michigan Journal of Race and Law

The Michigan Business & Entrepreneurial Law Review (MBELR) has always strived to provide a platform for legal scholars, professionals, and students to publish business-related legal scholarship. Yet, little legal business scholarship focusing on the Black business community exists, despite the extraordinary impact that Black communities have in the U.S. business landscape. In a year of revolutionary social change, we are excited to feature in this special issue the work of Professor Dana Thompson, a Michigan Law alumna, in an effort to remedy this gap. Professor Thompson’s career, professional values, and day-to-day work demonstrate genuine, commanding, and inspiring commitment to social …


Legal Ethics And Law Reform Advocacy, Jeffrey W. Stempel Jul 2020

Legal Ethics And Law Reform Advocacy, Jeffrey W. Stempel

St. Mary's Journal on Legal Malpractice & Ethics

Social activism, particularly law reform, has long been an accepted, even revered part of the lawyer’s identity. But modern developments such as nation-wide firms, the economic importance of client development, and aggressive attempts by clients to deploy attorneys as de facto, undisclosed lobbyists have put substantial pressure on the traditional vision of the attorney as a “lawyer-statesman” or someone who “checks clients at the door” when participating in law reform activities. Furthermore, law reform activism on behalf of one client (or prospective client when attorneys use their law reform lobbying as part of their marketing strategy) poses a real danger …


Jewish Lawyers And The U.S. Legal Profession: The End Of The Affair?, Eli Wald Jan 2020

Jewish Lawyers And The U.S. Legal Profession: The End Of The Affair?, Eli Wald

Touro Law Review

No abstract provided.


Navigating Some Deep And Troubled Jurisprudential Waters: Lawyer–Expert Witnesses And The Twin Dangers Of Disguised Testimony And Disguised Advocacy, W. William Hodes May 2016

Navigating Some Deep And Troubled Jurisprudential Waters: Lawyer–Expert Witnesses And The Twin Dangers Of Disguised Testimony And Disguised Advocacy, W. William Hodes

St. Mary's Journal on Legal Malpractice & Ethics

Expert testimony is indispensable to the uniquely American system of adversary justice. Without the assistance of expert witnesses with specialized knowledge, based on either science or experience and practice, jury verdicts would often be the result of pure whim and prejudice, or random and arbitrary decision-making. At the same time, the use of compensated, partisan expert witnesses poses significant dangers to the fair and just determination of disputes. This Article examines the enhanced dangers that can appear when the expert witness is a lawyer, chiefly the pervasive use of “disguised testimony” and “disguised advocacy.” The Article concludes with some suggestions …


Advocacy From The Human Perspective: Advice For Young Appellate Lawyers, Douglas S. Levine Oct 2014

Advocacy From The Human Perspective: Advice For Young Appellate Lawyers, Douglas S. Levine

The Journal of Appellate Practice and Process

No abstract provided.


Louis D. Brandeis And The Lawyer Advocacy System, Robert F. Cochran Jr. Feb 2013

Louis D. Brandeis And The Lawyer Advocacy System, Robert F. Cochran Jr.

Pepperdine Law Review

The law practice of Louis Brandeis serves as an appropriate vehicle for examining both the history of the legal profession in the United States and the role of lawyers as philanthropists. Brandeis was one of America's most successful and innovative lawyers at the turn of the twentieth century, and serves as a role model for lawyers in his dedication to public service. Brandeis, of course, is best known for his work as a Justice on the United States Supreme Court; however, he is less well known for his work as a lawyer-though he practiced law for 40 years before he …


Response To "One Year After Dondi: Time To Get Back To Litigating?", Thomas M. Reavley Jan 2013

Response To "One Year After Dondi: Time To Get Back To Litigating?", Thomas M. Reavley

Pepperdine Law Review

No abstract provided.


One Year After Dondi: Time To Get Back To Litigating?, William A. Brewer Iii, Francis B. Majorie Jan 2013

One Year After Dondi: Time To Get Back To Litigating?, William A. Brewer Iii, Francis B. Majorie

Pepperdine Law Review

No abstract provided.


Law Schools And The Changing Face Of Practice, Peter Toll Hoffman Jan 2012

Law Schools And The Changing Face Of Practice, Peter Toll Hoffman

NYLS Law Review

No abstract provided.


Appellate Law, L. Steven Emmert Nov 2010

Appellate Law, L. Steven Emmert

University of Richmond Law Review

No abstract provided.


Technology Assisted Advocacy, Julia R. Gordon Sep 2000

Technology Assisted Advocacy, Julia R. Gordon

University of the District of Columbia Law Review

This paper creates a technology assisted advocacy scenario. It follows the events in the client access scenario paper by Mike Genz, taking the client Maria into a case requiring the full services of an advocate. Each step in the scenario is followed by a discussion that explores some of the work that would need to be done to make this scenario a reality.


Lawyering For Social Change: What's A Lawyer To Do?, Kevin R. Johnson Jan 1999

Lawyering For Social Change: What's A Lawyer To Do?, Kevin R. Johnson

Michigan Journal of Race and Law

This article analyzes two questions that are raised by Professor Yamamoto's provocative article. Part I argues that any significant transformation of the social structure of United States society is far more likely to occur through mass political movements than through litigation. Consequently, advocates of social change, especially those trained in law, should not expect too much reform from the courtrooms. They instead should consider how traditional legal action might complement and encourage-not replace-community activism and political involvement. Put simply, an exclusive focus on litigation will not accomplish fully the desired objective. Part II contends that attorneys' ethical duties to their …


Give Them Back Their Lives: Recognizing Client Narrative In Case Theory, Binny Miller Dec 1994

Give Them Back Their Lives: Recognizing Client Narrative In Case Theory, Binny Miller

Michigan Law Review

This article is about case theory and its implications for incorporating client narratives in litigation. In seeking to understand the connections between voice, narrative, and case theory, I look not only to theory but to my experience as a clinical teacher and criminal defense attorney. I explore how the practice of lawyering can be reconstructed to embrace a greater role for clients in constructing case theories, both through the images of the client the lawyer presents in the case theory and through active client participation in developing and choosing the case theory. Although one aim of case theory is to …


Lawyers At The Prison Gates: Organizational Structure And Corrections Advocacy, Susan P. Sturm Oct 1993

Lawyers At The Prison Gates: Organizational Structure And Corrections Advocacy, Susan P. Sturm

University of Michigan Journal of Law Reform

This Article attempts to fill the gaps in the discussion of public interest advocacy by exploring the roles of various legal organizations in providing representation to inmates challenging the conditions and practices in prisons, jails, and juvenile justice institutions. It is an outgrowth of a study conducted for the Edna McConnell Clark Foundation on the extent and quality of representation in corrections litigation. It puts forward an organizational change model of public interest advocacy as the most promising strategy for legal representation in the corrections area. It then identifies the major organizational providers of representation, assesses where they fall on …


Lawyers And Children: Wisdom And Legitimacy In Family Policy, Carl E. Schneider Apr 1986

Lawyers And Children: Wisdom And Legitimacy In Family Policy, Carl E. Schneider

Michigan Law Review

A Review of In the Interest of Children: Advocacy, Law Reform, and Public Policy by Robert H. Mnookin, Robert A. Burt, David L. Chambers, Michael S. Wald, Stephen D. Sugarman, Franklin E. Zimring, and Rayman L. Solomon


Arkansas Model Rules Of Professional Conduct: An Affirmative Approach To Professional Responsibility, Daniel L. Parker Oct 1985

Arkansas Model Rules Of Professional Conduct: An Affirmative Approach To Professional Responsibility, Daniel L. Parker

University of Arkansas at Little Rock Law Review

No abstract provided.


Fairness In Teaching Advocacy, Charles W. Joiner Jan 1985

Fairness In Teaching Advocacy, Charles W. Joiner

University of Michigan Journal of Law Reform

The questions I address are these: Is fairness related to advocacy? Is fairness a concept that law teachers should address in their teaching, in particular in courses involving advocacy? By "courses involving advocacy" I mean courses that teach both law and practice techniques involving the direct protection of the rights of clients, particularly in the courts-for example, civil and criminal procedure and evidence.


On Becoming A Lawyer: Some Challenges For The Future, Harry T. Edwards Oct 1979

On Becoming A Lawyer: Some Challenges For The Future, Harry T. Edwards

University of Michigan Journal of Law Reform

This is probably the most difficult speech that I have ever had to make. I know this because I have agonized for weeks over it, pondering themes, writing and then discarding drafts, and occasionally rejecting the entire project as a fruitless endeavor. No doubt, some of you have experienced what I have been feeling when you have tried to put words to paper on a final exam, independent research project, or law review note. Nevertheless, my own reluctance to complete this task was baffling to me; after all, during the past decade, I have given well over fifty formal speeches …


Wanted: Advocates Who Can Argue In Writing, J. Clifford Wallace Jan 1978

Wanted: Advocates Who Can Argue In Writing, J. Clifford Wallace

Kentucky Law Journal

No abstract provided.


On Advocacy, Abraham L. Freedman Jan 1956

On Advocacy, Abraham L. Freedman

Villanova Law Review

No abstract provided.


Soonavala: Advocacy, Its Principles And Practice, Charles W. Joiner Jan 1954

Soonavala: Advocacy, Its Principles And Practice, Charles W. Joiner

Michigan Law Review

A Review of Advocacy, Its Principles and Practice. By R. K. Soonavala