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Articles 61 - 90 of 100
Full-Text Articles in Law
Becoming A Player: A Credo For Young Lawyers In The 1990s, Patricia M. Wald
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
Beyond The New Role Morality For Lawyers, Rob Atkinson
Maryland Law Review
No abstract provided.
Introduction: Multidimensional Lawyering And Professional Responsibility, Margaret Chon
Introduction: Multidimensional Lawyering And Professional Responsibility, Margaret Chon
Faculty Articles
Professor Margaret Chon introduces three following articles in which the authors posit the identity of the lawyer not just as client representative, but in the multiple roles of respondent to other people, entities and underlying societal values. Each article contributes to the formation of the self qua lawyer by showing how attorneys can and do respond to foils other than clients.
Colorado Rules Of Professional Conduct: Implications For Criminal Lawyers, H. Patrick Furman, Daniel A. Vigil
Colorado Rules Of Professional Conduct: Implications For Criminal Lawyers, H. Patrick Furman, Daniel A. Vigil
Publications
No abstract provided.
The Supreme Court, 1991 Term - Leading Cases, Ernest A. Young
The Supreme Court, 1991 Term - Leading Cases, Ernest A. Young
Faculty Scholarship
No abstract provided.
Legal Malpractice In Ohio, John C. Nemeth
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 …
Notes Toward An Aesthetics Of Legal Pragmatism, David A. Skeel Jr.
Notes Toward An Aesthetics Of Legal Pragmatism, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank
State Ethical Codes And Federal Practice: Emerging Conflicts And Suggestions For Reform, Stephen B. Burbank
All Faculty Scholarship
The standards for resolving putative conflicts between federal laws are not always clear, and neither for that matter is the standard for determining what constitutes a federal law capable of superseding effect. The technique of setting federal norms of professional conduct on a decentralized basis by borrowing or incorporating state norms is increasingly troublesome to the extent that the borrowed state norms are disuniform and that they are being put to multiple remedial purposes. Federal legislation preempting state law of professional conduct is conceivable but hardly likely, particularly as the norms are pressed into duty for purposes other than professional …
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
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.
Rediscovering The Republican Origins Of The Legal Ethics Codes, Russell G. Pearce
Rediscovering The Republican Origins Of The Legal Ethics Codes, Russell G. Pearce
Faculty Scholarship
Many commentators wrongly assume that the hired gun ideal is the foundation of our legal ethics codes. This article explains that this assumption is based on an historical mistake that has consequences for interpreting the modern codes. Judge George Sharswood, the nineteenth century scholar whose work provided the basis for the 1908 A.B.A. Canons of Ethics, had a republican conception that rejected the adversarial ethic in favor of a more nuanced conception that combined loyalty to clients with a thick obligation to the public good that both bounded client representation and required lawyers to provide political leadership. Although the emphasis …
Jewish Lawyering In A Multicultural Society: A Midrash On Levinson Colloquy, Russell G. Pearce
Jewish Lawyering In A Multicultural Society: A Midrash On Levinson Colloquy, Russell G. Pearce
Faculty Scholarship
When we acknowledge the contradiction between the project's goal and the reality of group influence, we are led to consider the alternative strategy of creating community. Such a strategy would invite lawyers to begin a community dialogue regarding how each of our group identities, and the responses of others to our identities, interfere with our efforts to realize the goal of equal justice. While significant to the understanding of group dynamics, consideration of Jewish lawyering probably has limited value as a predictor of an individual lawyer's professional conduct. The actual and potential influence of Jewishness on lawyering is quite diverse, …
The French Legal Profession: A Prisoner Of Its Glorious Past?, Tang Thi Thanh Trai Le
The French Legal Profession: A Prisoner Of Its Glorious Past?, Tang Thi Thanh Trai Le
Journal Articles
In 1978 a French television poll queried 982 viewers as to their images of the French lawyer (avocat). Of those polled, less than five percent held a positive view of the avocat. Eighteen percent of the 940 persons who expressed a negative view of the avocat simply conveyed this impression in general terms, but the remainder were more precise. Forty-eight percent of the respondents felt that the avocat was a "money sucker"; fourteen percent saw him as a man without conscience; and another fourteen percent believed that he acted with impunity within his bar. Four percent considered the bar to …
Kentucky Lawyer, 1992, University Of Kentucky College Of Law
Kentucky Lawyer, 1992, University Of Kentucky College Of Law
Annual Magazines
No abstract provided.
Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin
Fatal Assumption: A Critical Evaluation Of The Role Of Counsel In Mental Disability Cases, Michael L. Perlin
Articles & Chapters
No abstract provided.
Lawyer Decision Making: The Problem Of Prediction, Marjorie Mcdiarmid
Lawyer Decision Making: The Problem Of Prediction, Marjorie Mcdiarmid
Law Faculty Scholarship
This Article examines three competing models for lawyer decision making. Reviewing literature drawn from other disciplines, Professor McDiarmid applies each model to a particular lawyer decision task and provides a critique both of applicability and of the underlying assumptions of the models themselves. The Article concentrates on the problem of prediction in the face of uncertainty.
On Retiring From A Deanship, John W. Reed
On Retiring From A Deanship, John W. Reed
Other Publications
The reason for the italicized "from" in the title of my remarks is to distinguish it from the comments that I made at our meeting in Tucson four years ago, under the title "On Retiring to a Deanship." For those of you who were not there, I should mention that five years ago, as I was about to reach retirement age at the University of Michigan Law School-what the late William L. Prosser used to call the age of mandatory senility-Wayne State University in Detroit asked me to serve as its dean for a term of five years. Lobbied by …
Alvin B. Rubin: Man Of The Law, Geoffrey C. Hazard Jr.
Alvin B. Rubin: Man Of The Law, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Counseling A Victim Of Racial Discrimination In A Fair Housing Case, 26 J. Marshall L. Rev. 53 (1992), Michael P. Seng, Jay Einhorn, Merilyn D. Brown
Counseling A Victim Of Racial Discrimination In A Fair Housing Case, 26 J. Marshall L. Rev. 53 (1992), Michael P. Seng, Jay Einhorn, Merilyn D. Brown
UIC Law Review
No abstract provided.
Foreword - A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 207 (1992), Michael P. Seng
Foreword - A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 207 (1992), Michael P. Seng
UIC Law Review
No abstract provided.
The Conflict Between Illinois Rule 1.6(B) And The Aids Confidentiality Act, 25 J. Marshall L. Rev. 727 (1992), Scott H. Isaacman
The Conflict Between Illinois Rule 1.6(B) And The Aids Confidentiality Act, 25 J. Marshall L. Rev. 727 (1992), Scott H. Isaacman
UIC Law Review
No abstract provided.
On Defining Academic Scholarship, Stephen J. Werber
On Defining Academic Scholarship, Stephen J. Werber
Cleveland State Law Review
This article seeks to find a definition of “scholarship.” Scholarship, to be fully recognized in the academic community, must address the theory of law - not its application. The basic premise of this essay is that such a definition of scholarship is detrimental to the law teaching profession and demeaning of the legal profession as a whole. As in the sciences, there is a need for both theoretical scholarship and applied scholarship. Both should be recognized as contributing to the overall knowledge, development, and beauty of the law as well as to the justice that that law seeks to achieve.
Personal Values And Professional Ethics, Geoffrey C. Hazard Jr.
Personal Values And Professional Ethics, Geoffrey C. Hazard Jr.
Cleveland State Law Review
My purpose on this occasion is to urge reexamination of personal values as a fundamental resource of professional ethics. The essential point is that rules of ethics, such as those embodied in the profession's ethical codes, are insufficient guides to making the choices of action that a professional must make in practice. I will suggest that the same is true of professional tradition and conventional ways of practice. This is not to say that rules of ethics and traditions are irrelevant. Rules of professional ethics frame the ethical problems that are encountered in a lawyer's life throughout practice. Moreover, professional …
The Legal Profession, Legal Education, And Change, Robert H. Jerry Ii
The Legal Profession, Legal Education, And Change, Robert H. Jerry Ii
Faculty Publications
The accounts of how the legal profession has changed in recent years are as abundant as the changes themselves. The common message is clear: the magnitude of change is immense, and the pace is unprecedented.
Turning Online Time Into Quality Time: Searching Ohio Case Law On Lexis And Westlaw, Randy J. Diamond
Turning Online Time Into Quality Time: Searching Ohio Case Law On Lexis And Westlaw, Randy J. Diamond
Faculty Publications
This article discusses some of the lesser known complexities of LEXIS and WESTLAW and the necessity for evaluating these systems critically. Sample searches highlight the major differences between WESTLAW's and LEXIS's search protocols. Comparable features of each system are examined to show how users can improve the quality of their search results and to warn of unintended consequences when users misapply them. Strategies for formulating searches that retrieve relevant cases and prevent the exclusion of potentially relevant cases are considered, along with the economics of online searching. Although the searches presented are limited to Ohio case law, they are adaptable …
Finding A Suitable Lawyer: Why Consumers Can't Always Get What They Want And What The Legal Profession Should Do About It, Linda H. Morton
Finding A Suitable Lawyer: Why Consumers Can't Always Get What They Want And What The Legal Profession Should Do About It, Linda H. Morton
Faculty Scholarship
This article criticizes the inadequacy of information available to consumers seeking an attorney compatible with their needs. The article describes why such inadequacy exists – in part because the legal profession distribute information to consumers through the narrow lens of attorney self-regulation rather than through the broader lens of consumer need. Yet, in striving to maintain their autonomy, lawyers have only perpetuated the enormous gap between information the public would like to have and that which they actually receive. The article explores sources of information consumers have access to, why such sources are so limited, and finally, how the problem …
Discretion And Rules: A Lawyer's View, Carl E. Scheider
Discretion And Rules: A Lawyer's View, Carl E. Scheider
Book Chapters
In modern society the law regulates the complex behavior of millions of people. To do this efficiently-to do this at all-broadly applicable rules must be used. Yet such rules are bound to be incomplete, to be ambiguous, to fail in some cases, to be unfair in others. Some of the drawbacks of rules can be minimized by giving discretion to the administrators and judges who apply them. Yet doing so dilutes the advantages of rules and creates the risk that discretion may be abused. Working out the proper balance of these considerations is both necessary and perplexing in every area …
Book Review. This Week On The Talk Shows: The Litigation Explosion, J. Alexander Tanford
Book Review. This Week On The Talk Shows: The Litigation Explosion, J. Alexander Tanford
Articles by Maurer Faculty
No abstract provided.
Professionalism And Community: A Response To Terrell And Wildman, Robert E. Rodes
Professionalism And Community: A Response To Terrell And Wildman, Robert E. Rodes
Journal Articles
Professor Terrell and Mr. Wildman have earned our gratitude with their sober, thoughtful, lucid, and honest contribution to the ongoing discussion of professionalism. They have examined the problems with a sharp and critical eye, placed them in a social and historical perspective, and offered modest but genuinely helpful suggestions for solving them. They are quite free from the obfuscation and bombast that often appear when people address this difficult subject. Best of all, they have resisted the temptation to draw an invidious distinction between a profession and a business - a distinction that is often presented in ways that no …
Evidentiary Rules And Rulings: The Role Of Treatises, Richard D. Friedman
Evidentiary Rules And Rulings: The Role Of Treatises, Richard D. Friedman
Articles
I have devoted large gobs of time to work on a multi-author treatise on the law of evidence.' And before even one volume is published, I will devote further multiple gobs of time to the project-which, perhaps audaciously and perhaps merely foolishly, but with heredity and precedent on our side,2 we are calling The New Wigmore. Accordingly, I found the question posed by this symposium-Does Evidence Law Matter?-rather disquieting. If it is doubtful even whether the law of evidence matters, then how much can a treatise on the law of evidence matter, and how worthwhile can such a work be? …