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Legal Profession

Selected Works

2012

Articles 61 - 70 of 70

Full-Text Articles in Law

Teaching Professional Skills And Values: An Alumni Assessment, Stephen A. Gerst, Maria L. Bahr Dec 2011

Teaching Professional Skills And Values: An Alumni Assessment, Stephen A. Gerst, Maria L. Bahr

Stephen A Gerst

No abstract provided.


Rehabilitating Lawyers: Perceptions Of Deviance And Its Cures In The Lawyer Reinstatement Process, Bruce A. Green, Jane Moriarty Dec 2011

Rehabilitating Lawyers: Perceptions Of Deviance And Its Cures In The Lawyer Reinstatement Process, Bruce A. Green, Jane Moriarty

Jane Campbell Moriarty

State courts’ approach to lawyer admissions and discipline has not changed fundamentally in the past century. Courts still place faith in the idea that “moral character” is a stable trait that reliably predicts whether an individual will be honest in any given situation. Although research in neuroscience, cognitive science, psychiatry, research psychology, and behavioral economics (collectively “cognitive and social science”) has influenced prevailing concepts of personality and trustworthiness, courts to date have not considered whether they might change or refine their approach to “moral character” in light of scientific insights. This Article examines whether courts should reevaluate how they decide …


Human Flotsam, Legal Fallout: Japan's Tsunami And Nuclear Meltdown, Robert B. Leflar, Ayako Hirata, Masayuki Murayama, Shozo Ota Dec 2011

Human Flotsam, Legal Fallout: Japan's Tsunami And Nuclear Meltdown, Robert B. Leflar, Ayako Hirata, Masayuki Murayama, Shozo Ota

Robert B Leflar

We report on our field research in Fukushima Prefecture in July 2011. We interviewed legal professionals and community leaders in Fukushima City and in towns inundated by the March 2011 tsunami and within a few kilometers of Fukushima No. 1 nuclear reactor. We catalogued many of the extensive variety of problems faced by Fukushima residents, both evacuees and those who remained in their homes. Many of these problems, both legal and non-legal, arose from government actions as the disaster unfolded and afterwards, including the administration of the initial program for provisional compensation for disaster victims. We learned that in the …


How Do Roles Generate Reasons? A Method Of Legal Ethics, Stephen Galoob Dec 2011

How Do Roles Generate Reasons? A Method Of Legal Ethics, Stephen Galoob

Stephen Galoob

No abstract provided.


Legally Invisible: Women’S Property Rights In Polygamous Relationships, Aleksandra M. De Medeiros Vieira Dec 2011

Legally Invisible: Women’S Property Rights In Polygamous Relationships, Aleksandra M. De Medeiros Vieira

Aleksandra M de Medeiros Vieira

No abstract provided.


The Conundrum Of Cameras In The Courtroom, Nancy S. Marder Dec 2011

The Conundrum Of Cameras In The Courtroom, Nancy S. Marder

Nancy S. Marder

In spite of a communications revolution that has given the public access to new media in new places, the revolution has been stopped cold at the steps to the U.S. federal courthouse. The question whether to allow television cameras in federal courtrooms has aroused strong passions on both sides, and Congress keeps threatening to settle the debate and permit cameras in federal courts. Proponents of cameras in federal courtrooms focus mainly on the need to educate the public and to make judges accountable, whereas opponents focus predominantly on the ways in which cameras can affect participants’ behavior and compromise the …


La Necesidad De Regular La Docencia Universitaria En Chile: Una Propuesta De Lege Ferenda, Fernando Muñoz Dec 2011

La Necesidad De Regular La Docencia Universitaria En Chile: Una Propuesta De Lege Ferenda, Fernando Muñoz

Fernando Muñoz

No abstract provided.


Misbehaving Lawyers: Cross Country Comparisons, Leslie C. Levin Dec 2011

Misbehaving Lawyers: Cross Country Comparisons, Leslie C. Levin

Leslie C. Levin

Lawyer misbehavior occurs in every country and regulators often struggle to address it effectively. This article looks at six case studies of disciplined lawyers in Australia, Canada, the Netherlands, New Zealand and the United Kingdom. It notes the similarities in the cases and to disciplined lawyers previously described in case studies in the United States. In particular, these case studies involved male lawyers predominantly working in solo or small firms who were insufficiently exposed to positive professional values early in practice. They were willing to lie to achieve their goals and were motivated, at least in part, by money. The …


Divorce Law Advice: An Overview Of Different Spousal Support Options, William Thies Dec 2011

Divorce Law Advice: An Overview Of Different Spousal Support Options, William Thies

William Thies

Divorce involves theexpiration of one’s marriage, authorized legally by an officiating body or a court. When spouses are in the process of ending their marriage; it is necessary to brief one on the proper proceedings.


Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel S. Terry, Steve Mark, Tahlia Gordon Dec 2011

Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel S. Terry, Steve Mark, Tahlia Gordon

Laurel S. Terry

Globalization and technology have changed the practice of law in dramatic ways.  This is true not only in the United States, but around the world. In this article, author Laurel Terry, along with Australian regulators Steve Mark and Tahlia Gordon, documented some of these global trends in lawyer regulation.  Their article concluded that regulators face issues in common regarding “who” is regulated, “what” or whom is regulated, “when” regulation occurs, “where” regulation occurs, “how” it occurs, and “why” regulation occurs. 
 
This article uses this who-what-when-where-why-and-how framework to discuss events around the world.  These developments include the 2007 UK Legal …