Law Commons^™

Fall 1992

Transcript

No abstract provided.

Deconstructing Los Angeles Or A Secret Fax From Magritte Regarding Postliterate Legal Reasoning: A Critique Of Legal Education, C. Garrison Lepow

University of Michigan Journal of Law Reform

This Article asks readers to imagine the shapes and colors of legal issues; it examines how people communicate and develop ideas through moving, metamorphosing images, especially computer graphics, and why methodology affects the eventual product of thought. Like dance, legal issues are described better through action than through words. Therefore, this Article challenges the principles of verbal reasoning upon which our legal system is based.

In-House Counsel's Wrongful Discharge Action Under The Public Policy Exception And Retaliatory Discharge Doctrine, Raymis H.C. Kim

Washington Law Review

Most courts hold that in-house counsel have no cause of action under public policy or retaliatory discharge exceptions to the at-will employment rule. This is true even when they are discharged in contravention of a clearly mandated public policy. These courts have rationalized that such recognition would be contrary to the at-will nature of attorney-client employment and would have an adverse effect on the attorney-client relationship. This Comment proposes that courts should extend the public policy exception and retaliatory discharge doctrine to in-house counsel to protect the public from illegal corporate acts and provide relief to in-house counsel.

The Growing Disjunction Between Legal Education And The Legal Profession, Harry T. Edwards

Michigan Law Review

This article is my response to Professor Priest and all other legal academicians who disdain law teaching as an endeavor in pursuit of professional education. My view is that if law schools continue to stray from their principal mission of professional scholarship and training, the disjunction between legal education and the legal profession will grow and society will be the worse for it. My arguments are quite straightforward, and probably not wholly original. Nevertheless, they surely merit repetition.

Government Civil Investigations And The Ethical Ban On Communicating With Represented Parties, Ernest F. Lidge Iii

Indiana Law Journal

No abstract provided.

Eliminating Sex Discrimination In The Legal Profession: The Key To Widespread Social Reform, Suzannah Bex Wilson

Indiana Law Journal

No abstract provided.

Leaving Your Speech Rights At The Bar—Gentile V. State Bar, 111 S. Ct. 2720 (1991), Lester Porter Jr.

Washington Law Review

In Gentile v. State Bar the Supreme Court voided an attorney disciplinary rule regulating trial publicity for vagueness. The Court, however, upheld the substantive standard employed by the rule to identify dangerous speech. This standard restricts more attorney comments to the media than the Court has allowed for the press or public. This Note argues that the standard upheld in Gentile fails First Amendment scrutiny and proposes a response for states reviewing their professional disciplinary rules in light of Gentile. Adoption of this proposal will mitigate the danger of prejudicial trial publicity while recognizing the benefits of attorney publicity.

Three Attorney Fee-Shifting Rules And Contingency Fees: Their Impact On Settlement Incentives, Bradley L. Smith

Michigan Law Review

This Note seeks to predict the direction and magnitude of the change in settlement frequency under the three fee-shifting rules: American, British, and the British rule as modified by the PCC. Part I analyzes the proposed rule using the theoretical model of litigation and settlement developed by Hause. Part II examines the impact of fee-shifting when the plaintiff's lawyer receives reimbursement via a contingency fee. Analysis of indemnification in a contingency fee context raises several policy issues which section II.A addresses. Section II.B discusses the terms and assumptions made in adjusting Hause's model to reflect the standard contingency fee arrangement, …

An Attorney Is Not A Rolls-Royce: The Comprehensice Forfeiture Act Of 1984 And The Sixth Amendment Right To Effective Assistance Of Counsel After United States V. Monsanto, Karin Graham Horwatt

William & Mary Bill of Rights Journal

No abstract provided.

Id., Gerald F. Uelman

BYU Law Review

No abstract provided.

Law's Paradise Lost?, Douglas H. Ginsburg

Michigan Law Review

A Review of The Litigation Explosion: What Happened When America Unleashed the Lawsuit by Walter K. Olson

Speaking Differences: The Rules And Relationships Of Litigants' Discourses, Naomi R. Cahn

Michigan Law Review

A Review of Rules Versus Relationships: The Ethnography of Legal Discourse by John M. Conley and William M. O'Barr

An Academic Visit To The Modern Law Firm: Considering A Theory Of Promotion-Driven Growth, Frederick W. Lambert

Michigan Law Review

A Review of Tournament of Lawyers: The Transformation of the Big Law Firm by Marc Galanter and Thomas Palay

Farewell, Ms. Dore, Talbot "Sandy" D'Alemberte, Stephen R. Macnamara

Florida State University Law Review

No abstract provided.

Pat Dore: A Rememberance, Alaine S. Williams, Robert F. Williams

Florida State University Law Review

No abstract provided.

Spring 1992

Transcript

No abstract provided.

Patricia Ann Dore And The Florida Administrative Procedures Act, Stephen T. Maher

Florida State University Law Review

No abstract provided.

Patricia Ann Dore -- A Personal View, Thomas B. Gaines, Jr.

Florida State University Law Review

No abstract provided.

A Tragic View Of Poverty Law Practice, Paul R. Tremblay

University of the District of Columbia Law Review

Poverty lawyers, we are told, can do as much harm as good for their clients. This humbling theme has been a fixture in the literature and research surrounding the role of lawyers for the poor for some time. The theme captures several deep truths about poverty law. It reminds us that lawyers for the poor can, and do, exclude their clients in the work that they do, view the lives of clients through the distorted prism of law training and law practice, and tend to expend their energies on remedies and processes, largely litigation oriented, which are unlikely to lead …

Legal Services: Has It Succeeded?, Alan W. Houseman

University of the District of Columbia Law Review

No abstract provided.

Accommodation And Satisfaction: Women And Men Lawyers And The Balance Of Work And Family, David L. Chambers

Law Quadrangle (formerly Law Quad Notes)

This article by Professor Chambers began with data from the periodic surveys of Law School alumni he has conducted. It is adapted from an article Professor Chambers published in the journal Law and Social Inquiry.

Women first entered the legal profession in large numbers in the 1970s. The same movement that brought them into the profession also sought to deliver messages to men that they ought to participate more in the raising of children. How, over the years that have followed, have men and women lawyers responded to the multiple roles of home and work? How satisfied are they with …

Tax Policy And Panda Bears, Douglas A. Kahn, Jeffrey S. Lehman

Law Quadrangle (formerly Law Quad Notes)

In this article, Professors Kahn and Lehman argue that the concept of tax expenditures is flawed as a tool for measuring the propriety of tax provisions. It assumes the existence of one true and correct standard of dederal income taxation that applies to all circumstances. To make that assumption, the proponents of the concept implicitly make a particular moral claim about the relative importance of a wide range of values, including efficiency, consumption/savings neutrality, privacy, distributional equity, administrability, charity, and pragmatism. They then measure a tax provision's "normalcy"exclusively by how it conforms to their Platonic concept of income.

Professors Kahn …

Part-Time Prosecutors And Conflicts Of Interest: A Survey And Some Proposals, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

Law And Conformity, Ethics And Conflict: The Trouble With Law-Based Conceptions Of Ethics, Steven R. Salbu

Indiana Law Journal

No abstract provided.

Unlocking The Chamber Doors: Limiting Confidentiality In Proceedings Before The Virginia Judicial Inquiry And Review Commission, Brian R. Pitney

University of Richmond Law Review

In a Mississippi case, a judge imposed and collected criminal fines, then willfully and fraudulently documented the case as dismissed, keeping the money for himself. In California, the Commission of Judicial Qualifications removed a judge for prodding an attorney with a "dildo," grabbing a court commissioner by his testicles in a public hallway, and habitually making offensive sexual remarks at his office. A Massachusetts judge received public censure for making derogatory and obscene references to members of the bench and bar, becoming intoxicated and urinating in public, and setting unusually high bail for African-American defendants. After a Federal Bureau of …

Conducting Informal Discovery Of A Party's Former Employees: Legal And Ethical Concerns And Constraints, Susan J. Becker

Maryland Law Review

No abstract provided.

Becoming A Player: A Credo For Young Lawyers In The 1990s, Patricia M. Wald

Maryland Law Review

No abstract provided.

Beyond The New Role Morality For Lawyers, Rob Atkinson

Maryland Law Review

No abstract provided.

Legal Malpractice In Ohio, John C. Nemeth

Cleveland State Law Review

This article will discuss the fundamentals of a legal malpractice case, specifically addressing two areas. The first involves the elements of a legal malpractice case. This discussion will expose two problems that continually appear in legal malpractice litigation: (1) expanding the liability of an attorney to third parties, and (2) determining whether the alleged malpractice was the proximate cause of the plaintiff's injuries. The second area of discussion will focus on the time limitations imposed for bringing a legal malpractice action. Additionally, in order to better understand the current state of the law, a brief discussion illustrating the historical development …

Gentile V. State Bar Of Nevada: Trial In The Court Of Public Opinion And Coping With Model Rule 3.6 - Where Do We Go From Here, Lynn S. Fulstone

Villanova Law Review

No abstract provided.