Law Commons^™

Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman

Deborah M. Weissman

The article examines the tension between the principles of the Rule of Law and cultural norms of self-sufficiency. It begins by reviewing the principles of the Rule of Law as an ideal, the pursuit of which has led to historical efforts to meet the legal needs of the poor. It then examines recent legal events including federal statutory changes, three Supreme Court cases, and a federal circuit court case which have limited legal resources for those who cannot pay. The article then examines these developments in the context of a sea-change in the political environment of the nation, coinciding with …

A Canadian's View From The Staten Island Ferry, Gerald Lebovits

Gerald Lebovits

No abstract provided.

Appointment: Committee On Judicial Ethics Of The Massachusetts Supreme Judicial Court, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

The No-Contact Rule In Massachusetts Post Messing, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.

Professional Ethics Lessons From Enron, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.

Lady Lawyers: Not An Oxymoron, Judith Maute

Judith L. Maute

No abstract provided.

Writings Concerning Women In The Legal Profession, 1982-2002 (Bibliography), Judith Maute

Judith L. Maute

No abstract provided.

Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John Lande

John Lande

This Article discusses what can be done to promote productive behavior in mediation and reduce bad conduct. Although most participants do not abuse the mediation process, some people use mediation to drag out litigation, gain leverage for later negotiations, and generally wear down the opposition. Rules requiring good-faith participation are likely to be ineffective and possibly counterproductive. This Article proposes using dispute system design principles to develop policies satisfying the interests of stakeholders in court-connected mediation programs. After outlining interests of key stakeholder groups including litigants, attorneys, courts, and mediators, the Article describes specific policies that could satisfy their interests. …

Teoría General De La Prueba Judicial, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Chair-Elect: Association Of American Law Schools’ Section On Legal Writing, Reasoning, And Research, E. Joan Blum

E. Joan Blum

No abstract provided.

Moral Activism Manqué, Paul R. Tremblay

Paul R. Tremblay

Symposium: The Ethics of Litigation

Researching Ethical Issues, Paul R. Tremblay

Paul R. Tremblay

2002 Supplement to vol. 2

Interviewing And Counseling Across Cultures: Heuristics And Biases, Paul R. Tremblay

Paul R. Tremblay

Increasingly in recent years, critics and commentators have noted the importance of the role of culture within the lawyering process. Lawyers now understand better than they used to that culture matters in their day to day work with clients, and that not all cultures share the same habits, customs, values, traditions and preferences. This article explores how the reality of cultural diversity might affect some fundamental lawyering practices and models, and specifically the models for interviewing and counseling. In their work, lawyers must take cultural background into consideration expressly, but at the same time they must avoid harmful and unfair …

Shared Norms, Bad Lawyers, And The Virtues Of Casuistry, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.

Mdps, “Spinning,” And Wouters V. Nova, Laurel S. Terry

Laurel S. Terry

Mdps, 'Spinning,' And Wouters V. Nova, Laurel S. Terry

Laurel S. Terry

In February 2002, the European Court of Justice issued its opinion in Wouters v. NOVA (Case C-309/99), which addressed a Netherlands Bar rule that prohibited partnerships (MDPs) between lawyers and accountants. Wouters decided: 1) that the bar was an undertaking that was subject to the competition (antitrust) provision in the EU Treaty; 2) that the Dutch MDP ban restricted competition and that this restriction on competition was appreciable and affected intra-community trade; 3) that the Dutch MDP ban could reasonably be considered necessary in order to ensure the proper practice of the legal profession; and 4) that it was reasonable …