Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal Profession

2006

Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 214

Full-Text Articles in Law

Hiding Evidence From The Boss: Attorney-Client Privilege And Company Computers, Kelcey Nichols Dec 2006

Hiding Evidence From The Boss: Attorney-Client Privilege And Company Computers, Kelcey Nichols

Washington Journal of Law, Technology & Arts

Recent court decisions in In re Asia Global Crossing, Ltd., People v. Jiang, and Curto v. Medical World Communications have held that attorney-client privilege can protect certain information located on an employer-issued computer from disclosure if the employee had a reasonable expectation of privacy. This Article provides a brief background on attorney-client privilege and explores the factors courts consider when determining whether an employee has this reasonable expectation. These factors include the scope of employer monitoring, the employer-employee agreement pertaining to the computer, the presence of password-protection, the location of the computer, and the relevancy of the evidence …


Vol. 4, No. 07 (November/December 2006) Nov 2006

Vol. 4, No. 07 (November/December 2006)

Indiana Law Update

No abstract provided.


Clark Memorandum: Fall 2006, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Nov 2006

Clark Memorandum: Fall 2006, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Living With The Bologna Process: Recommendations To The German Legal Education Community From A U.S. Perspective, Laurel S. Terry Nov 2006

Living With The Bologna Process: Recommendations To The German Legal Education Community From A U.S. Perspective, Laurel S. Terry

Faculty Scholarly Works

The Bologna Process is a dramatic development that is less than ten years old, but already it has significantly reshaped higher education in Germany and in Europe. This article is based on my research regarding the history and objectives of the Bologna Process and Bologna Process implementation in Germany. It contains my reflections about the Bologna Process and German legal education and my recommendations to the German legal education community.


Edward R. Becker: A Man In Full, Stephen B. Burbank Nov 2006

Edward R. Becker: A Man In Full, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Conflicts Of Interest And Institutional Litigants, Curtis E.A. Karnow Oct 2006

Conflicts Of Interest And Institutional Litigants, Curtis E.A. Karnow

ExpressO

This paper uses techniques borrowed from the field of game theory to describe rational bargaining among institutional litigants, and explains how the results, while often not leading to the rational outcome in a given case, do rationally serve a more general strategy. The paper then reviews the law on conflicts of interests and concludes that such conflicts—as between attorney and client, and among clients—will often result when institutional litigants bargain. The paper continues with a review on the law of waiver and provides a basis to accommodate the conflicts of interests. That accommodation however will often not be practical, and …


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


A Satire Of Law Firm Employment Practices (Book Review Of Anonymous Lawyer, By Jeremy Blachman), Miriam A. Cherry Oct 2006

A Satire Of Law Firm Employment Practices (Book Review Of Anonymous Lawyer, By Jeremy Blachman), Miriam A. Cherry

ExpressO

My essay is a review of Jeremy Blachman’s new book, Anonymous Lawyer. The book is a black-humorous stab at the hearts and souls of large elite law firms everywhere (if firms had such things as hearts and souls). In this review essay, I discuss why the blog struck a chord with so many readers, and why the novel Anonymous Lawyer contains a serious message about employment at law firms. First, I place Anonymous Lawyer within the tradition of satire surrounding the legal profession. Specifically, I compare Blachman’s novel to John Jay Osborne Jr.’s earlier novel The Associates, which also takes …


The Case For American History In The Law-School Curriculum, Harold P. Southerland Oct 2006

The Case For American History In The Law-School Curriculum, Harold P. Southerland

ExpressO

This article argues for the teaching of American History throughout the first year of law school. I do not believe that students can fully understand the cases they are reading in other courses without a knowledge of environing context. Understanding American History -- which is many respects doesn't paint a flattering picture -- may also help students in making fundamental choices about what role they wish to play in their careers as lawyers. I believe it is time to recognize that too much of the profession is run as a business and not as a noble calling dedicated to helping …


How I Got To The New York Court Of Appeals, Albert M. Rosenblatt Oct 2006

How I Got To The New York Court Of Appeals, Albert M. Rosenblatt

The Journal of Appellate Practice and Process

No abstract provided.


Preface, D. P. Marshall Jr. Oct 2006

Preface, D. P. Marshall Jr.

The Journal of Appellate Practice and Process

No abstract provided.


All Right, Retired Judges, Write!, Ruggero J. Aldisert Oct 2006

All Right, Retired Judges, Write!, Ruggero J. Aldisert

The Journal of Appellate Practice and Process

No abstract provided.


Transitioning, Frank M. Coffin Oct 2006

Transitioning, Frank M. Coffin

The Journal of Appellate Practice and Process

No abstract provided.


One Judge's Journey, Janine P. Geske Oct 2006

One Judge's Journey, Janine P. Geske

The Journal of Appellate Practice and Process

No abstract provided.


Stepping Down, D. Brock Hornby Oct 2006

Stepping Down, D. Brock Hornby

The Journal of Appellate Practice and Process

No abstract provided.


A Firm Foundation For Life After The Bench, Vincent L. Mckusick Oct 2006

A Firm Foundation For Life After The Bench, Vincent L. Mckusick

The Journal of Appellate Practice and Process

No abstract provided.


Retired And Working, Roger Philip Kerans Oct 2006

Retired And Working, Roger Philip Kerans

The Journal of Appellate Practice and Process

No abstract provided.


Advocacy At Its Best: The Views Of Appellate Staff Attorneys, Joseph C. Merling Oct 2006

Advocacy At Its Best: The Views Of Appellate Staff Attorneys, Joseph C. Merling

The Journal of Appellate Practice and Process

No abstract provided.


Reflections On Appellate Courts: An Appellate Advocate's Thoughts For Judges, Mary Massaron Ross Oct 2006

Reflections On Appellate Courts: An Appellate Advocate's Thoughts For Judges, Mary Massaron Ross

The Journal of Appellate Practice and Process

No abstract provided.


From The Dean, Lauren K. Robel Oct 2006

From The Dean, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.


Fall 2006 Oct 2006

Fall 2006

Bill of Particulars

No abstract provided.


"The Pride Of Indiana": An Empirical Study Of The Law School Experience And Careers Of Indiana University School Of Law-Bloomington Alumni, Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Kaushik Mukhopadhaya, Timothy Haley Oct 2006

"The Pride Of Indiana": An Empirical Study Of The Law School Experience And Careers Of Indiana University School Of Law-Bloomington Alumni, Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Kaushik Mukhopadhaya, Timothy Haley

Indiana Law Journal

No abstract provided.


Guidelines For The President's Legal Advisors (Including "Principles To Guide The Office Of Legal Counsel "), Dawn E. Johnsen Oct 2006

Guidelines For The President's Legal Advisors (Including "Principles To Guide The Office Of Legal Counsel "), Dawn E. Johnsen

Indiana Law Journal

No abstract provided.


Volume 30, Issue 2 (Fall 2006) Oct 2006

Volume 30, Issue 2 (Fall 2006)

Transcript

No abstract provided.


2006 Changes To The Florida Rules Of Professional Conduct, Heather P. Baxter Oct 2006

2006 Changes To The Florida Rules Of Professional Conduct, Heather P. Baxter

Faculty Scholarship

No abstract provided.


Got Wheels?: Article 2a, Standardized Rental Car Terms, And Unilateral Private Ordering, Irma S. Russell Oct 2006

Got Wheels?: Article 2a, Standardized Rental Car Terms, And Unilateral Private Ordering, Irma S. Russell

Faculty Works

This Article examines the modern system of unilateral private ordering facilitated by form contracts in the context of standard form contracts for renting a car. Modern law accepts the presumption of a free market and free bargain in the setting of form contracting despite the lack of bargaining power on the consumer side of the deal. The article assesses the importance of defaults and presumptions in contract law, and presents the results of an empirical review of standard agreement forms of ten leading rental car companies, noting examples of significant alterations to common law defaults. The article also explores the …


Capturing And Critiquing Student Performance: Some Psychodynamic Aspects Of Interviewing, Evangeline Sarda Sep 2006

Capturing And Critiquing Student Performance: Some Psychodynamic Aspects Of Interviewing, Evangeline Sarda

Evangeline Sarda

No abstract provided.


The Advocate Vol. 11 No. 2 Sep 2006

The Advocate Vol. 11 No. 2

The Advocate

No abstract provided.


Form And Substance: Standards For Promotion And Retention Of Legal Writing Faculty On Clinical Tenure Track, Melissa H. Weresh Sep 2006

Form And Substance: Standards For Promotion And Retention Of Legal Writing Faculty On Clinical Tenure Track, Melissa H. Weresh

ExpressO

This article compares standards for promotion and retention of legal writing faculty on a clinical tenure track. The article provides a brief history of legal writing professionals and examines specific employment criteria such as teaching, service, and scholarship. The article makes recommendations regarding those criteria based upon an assessment of institutional realities and the historical development of the profession.


Herding Bullfrogs Towards A More Balanced Wheelbarrow: An Illustrative Recommendation For Federal Sentencing Post-Booker, Brian R. Gallini, Emily Q. Shults Sep 2006

Herding Bullfrogs Towards A More Balanced Wheelbarrow: An Illustrative Recommendation For Federal Sentencing Post-Booker, Brian R. Gallini, Emily Q. Shults

ExpressO

The Article argues in favor of shifting the balance in federal sentencing toward a more indeterminate system. By exploring the post-Booker legal landscape at both the federal and state levels, the Article asserts that the judiciary's continued reliance on the “advisory" Guidelines has practically changed federal sentencing procedures very little in form or function. Accordingly, the Article proffers that, rather than insisting upon the Guidelines' immutability, federal sentencing would do well to reflect upon its own history, and the evolution of its state counterparts.