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Legal Profession

2010

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Articles 1 - 30 of 168

Full-Text Articles in Law

Legal Ethics In China: Reflections On The Formation Of Professional Identity, Judith Mcmorrow Dec 2010

Legal Ethics In China: Reflections On The Formation Of Professional Identity, Judith Mcmorrow

Judith A. McMorrow

The Chinese legal profession has grown rapidly in the last 30 years. This talk discussed the challenge of creating norms of attorney conduct (legal ethics) in a fragile and young legal system. The second part of the talk used ongoing research on the formation of professional identity.


Government Speech And The Publicly Employed Attorney, Margaret Tarkington Dec 2010

Government Speech And The Publicly Employed Attorney, Margaret Tarkington

BYU Law Review

In Garcetti v. Ceballos, the U.S. Supreme Court incorporated the "government speech" doctrine into its case law regarding the speech rights of public employees. This incorporation had the effect of nullifying a public employee's free speech rights whenever the employee is speaking pursuant to her official duties. While the Garcetti rule may be problematic in a number situations, it is particularly problematic as applied to publicly employed attorney speech, most notably the speech of prosecutors and public defenders. Attorney speech (including the speech of publicly employed attorneys) is not government speech and should not be treated as government speech. A …


Conference Chair: What Legal Employers Want...And Really Need, E. Joan Blum Dec 2010

Conference Chair: What Legal Employers Want...And Really Need, E. Joan Blum

E. Joan Blum

Planned and organized conference of over 50 law faculty and legal employers from Massachusetts and beyond to address the question of what makes a lawyer "practice-ready" and how the legal academy and legal employers should allocate this responsibility.


Conference Co-Organizer And Moderator, What Legal Employers Want... And Really Need, Elisabeth Keller Dec 2010

Conference Co-Organizer And Moderator, What Legal Employers Want... And Really Need, Elisabeth Keller

Elisabeth Keller

Planned, organized, and moderated panel at conference of over 50 law faculty and legal employers to address the question of what makes a lawyer "practice-ready" and how the legal academy and legal employers should allocate this responsibility.


A Personal Constitution, Michael Serota Dec 2010

A Personal Constitution, Michael Serota

NULR Online

Today’s law school graduates face two disturbing trends in the professional world. Each is well known, but neither is openly discussed in the law school setting. First, lawyers suffer from chronic professional dissatisfaction. Approximately one out of every four lawyers is dissatisfied with her job. Second, this dissatisfaction exacts an extraordinarily high price on lawyers, the legal profession, and society as a whole. Most startling, however, is the fact that the widespread dissatisfaction and the associated mental health-related problems prevalent in the legal profession actually begin in law school.


Nuts And Bolts Of Teaching--Using A Range Of Teaching Methodologies In The Classroom, Jane Gionfriddo Dec 2010

Nuts And Bolts Of Teaching--Using A Range Of Teaching Methodologies In The Classroom, Jane Gionfriddo

Jane Kent Gionfriddo

No abstract provided.


Panelist: Workshop For New Legal Writing Faculty: Role Of Legal Writing Faculty In Technology-Driven Legal Research Instruction, E. Joan Blum Dec 2010

Panelist: Workshop For New Legal Writing Faculty: Role Of Legal Writing Faculty In Technology-Driven Legal Research Instruction, E. Joan Blum

E. Joan Blum

No abstract provided.


Law Clerks Out Of Context, Parker B. Potter Jr. Dec 2010

Law Clerks Out Of Context, Parker B. Potter Jr.

The University of New Hampshire Law Review

[Excerpt] “In a previous article, I examined judicial opinions in cases in which law clerks have gone wild, principally by doing things that law clerks just aren‘t supposed to do, such as convening court, conducting independent factual investigations into matters before their judges, or leaking drafts of opinions to the press. Here, I focus on opinions in federal cases that discuss two other categories of unusual law-clerk activity, serving as a source of evidence, and going to court, as a litigant.

The article is informed by my ten years of experience as a trial court law clerk in the state …


Selling Knowledge: A Sociological Analysis Of Attorney Advertisement In Las Vegas, Giselle Velasquez Dec 2010

Selling Knowledge: A Sociological Analysis Of Attorney Advertisement In Las Vegas, Giselle Velasquez

UNLV Theses, Dissertations, Professional Papers, and Capstones

I analyze how Las Vegas attorneys represent themselves, their associates and clients in televised law firm commercials. I use attorney commercials as a case to explore cultural beliefs in media representations. Using an inductive method, I analyze the textual, visual, and aural symbols that appear most frequently in television commercials to interpret how law firm advertisements convey themes of attorney expertise, knowledge, ethnic and gender stereotyping. I introduce this study with a historical evaluation of the rise of advertisement in the United States. I continue discussing how the media is an important realm of discourse that affects people's identity. Using …


Lessons From China, Judith Mcmorrow Nov 2010

Lessons From China, Judith Mcmorrow

Judith A. McMorrow

No abstract provided.


Managing A Law Practice: What You Need To Learn In Law School, Gary A. Munneke Nov 2010

Managing A Law Practice: What You Need To Learn In Law School, Gary A. Munneke

Pace Law Review

No abstract provided.


A Tribute To William F. Harrington, Jay C. Carlisle Ii, Richard L. Ottinger Nov 2010

A Tribute To William F. Harrington, Jay C. Carlisle Ii, Richard L. Ottinger

Pace Law Review

No abstract provided.


Appellate Law, L. Steven Emmert Nov 2010

Appellate Law, L. Steven Emmert

University of Richmond Law Review

No abstract provided.


Professional Responsibility, James M. Mccauley Nov 2010

Professional Responsibility, James M. Mccauley

University of Richmond Law Review

No abstract provided.


Broadening Access To Justice In Nevada By Defining The Practice Of Law, Karlee M. Phelps Oct 2010

Broadening Access To Justice In Nevada By Defining The Practice Of Law, Karlee M. Phelps

Nevada Law Journal

No abstract provided.


Volume 34, Issue 2 (Fall 2010) Oct 2010

Volume 34, Issue 2 (Fall 2010)

Transcript

No abstract provided.


Advocacy In The Court Of Public Opinion, Installment Two: How Far Should Corporate Attorneys Go, Michele M. Destefano Oct 2010

Advocacy In The Court Of Public Opinion, Installment Two: How Far Should Corporate Attorneys Go, Michele M. Destefano

Articles

Today, legal controversies are tried in the court of public opinion as much as in any court of law. Corporate lawyers' traditional tendency, however, has been to attempt to isolate legal activities from public relations activities. Accordingly, when providing legal advice, they have viewed media considerations as separate. Historically corporate counsels' typical media strategy often consisted of no more than, "no comment." Given today's saturated media culture, this is no longer a viable strategy. Indeed, it appears that some corporate lawyers are adapting to the new media environment and attempting to help their clients manage the public relations impact of …


A Tale Of Prosecutorial Indiscretion: Ramsey Clark And The Selective Non-Prosecution Of Stokely Carmichael, Lonnie T. Brown Oct 2010

A Tale Of Prosecutorial Indiscretion: Ramsey Clark And The Selective Non-Prosecution Of Stokely Carmichael, Lonnie T. Brown

Scholarly Works

During the height of the Vietnam War and one of the most volatile periods of the civil rights movement, then-Attorney General Ramsey Clark controversially resisted intense political pressure to prosecute Black Power originator and antiwar activist Stokely Carmichael. Taken in isolation, this decision may seem courageous and praiseworthy, but when considered against the backdrop of Clark’s contemporaneous prosecution of an all-white group of similarly situated anti-draft leaders (the so-called Boston Five), his exercise of prosecutorial discretion becomes suspect. Specifically, the Boston Five were prosecuted in 1968 for conspiracy to aid and abet draft evasion, a charge for which the evidence …


The Knowledge Guild: The Legal Profession In An Age Of Technological Change, Paul F. Kirgis Oct 2010

The Knowledge Guild: The Legal Profession In An Age Of Technological Change, Paul F. Kirgis

Nevada Law Journal

No abstract provided.


How Lawyers (Come To) See The World: A Narrative Theory Of Legal Pedagogy, Randy D. Gordon Oct 2010

How Lawyers (Come To) See The World: A Narrative Theory Of Legal Pedagogy, Randy D. Gordon

Faculty Scholarship

Even if one believes that law is not an autonomous discipline, few would dispute that it is a conservative institution and that its members are trained via a pedagogical method quite different from that of other professions. A central aspect of this training is the case method and — thus — the specialized narrative form that appellate opinions take. This essay examines the case method and suggests ways to crack it open — without discarding it — and thereby achieve one of the goals set forth in the Carnegie Report: namely, to supplement the analytical, rule-based mode of reasoning inherent …


Drafting Mediated Agreements In Summary Process, Alan Minuskin Sep 2010

Drafting Mediated Agreements In Summary Process, Alan Minuskin

Alan D. Minuskin

Mediating landlord-tenant disputes is challenging work, but because of the inherent complexity of the law, particularly procedural requirements, the drafting of a mediated agreement demands both legal and verbal agility. The consequence of mistakes is the unraveling of a carefully constructed accord. Technique that takes into consideration both legal requirements and human behavior is necessary to prevent further disputes.


Plea Bargainng, Discovery, And Waivers, R. Michael Cassidy Sep 2010

Plea Bargainng, Discovery, And Waivers, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


"We're Not Running A Charity Here": Rethinking Public Interest Lawyers' Relationships With Bottom-Line-Driven Pro Bono Programs, Leonore F. Carpenter Sep 2010

"We're Not Running A Charity Here": Rethinking Public Interest Lawyers' Relationships With Bottom-Line-Driven Pro Bono Programs, Leonore F. Carpenter

Buffalo Public Interest Law Journal

No abstract provided.


September/October 2010 Newsletter Sep 2010

September/October 2010 Newsletter

Ergo

No abstract provided.


Basic Housing Law In Massachusetts, Alan Minuskin Aug 2010

Basic Housing Law In Massachusetts, Alan Minuskin

Alan D. Minuskin

No abstract provided.


Leadership And Change In The Public Interest, Evangeline Sarda Aug 2010

Leadership And Change In The Public Interest, Evangeline Sarda

Evangeline Sarda

No abstract provided.


Limites A La Vigencia Del Principio Contradictorio En Los Juicios De Familia / Limits To The Adversarial Ideal In The Family Courts, Claudio Fuentes Maureira Jul 2010

Limites A La Vigencia Del Principio Contradictorio En Los Juicios De Familia / Limits To The Adversarial Ideal In The Family Courts, Claudio Fuentes Maureira

Claudio Fuentes Maureira

The relevance of the adversarial ideal in the design of judicial proceedings is due to two major ideas: the right to a proper defence for the parties and the important role that the parties perform during the questioning and the control of the other party’s case. Once the relevance of the adversarial ideal is acknowledged, one could ask if this ideal is properly welcomed under the family procedure stated in the law. I propose that in order to answer this question properly, it is pertinent to use some sort of instrument to measure the amount of the adversarialness that the …


Informe De Funcionamiento De Los Tribunales De Familia De Santiago / Report On The Family Courts Of Santiago City, Claudio Fuentes Maureira, Felipe Marín Verdugo, Erick Rios Leiva Jul 2010

Informe De Funcionamiento De Los Tribunales De Familia De Santiago / Report On The Family Courts Of Santiago City, Claudio Fuentes Maureira, Felipe Marín Verdugo, Erick Rios Leiva

Claudio Fuentes Maureira

In October 2005, the Chilean government launched the new family courts. The new tribunals were the second major judicial reform that Chile’s executive power supported and it was a huge failure. The system collapsed after a couple of months, and in the beginning of the 2006, the executive branch called for a group of academics and experts to elaborate some kind of response.

After years of problems the authorities arrived at identifying the main problems, and because of that in September 2008 a new bill was enacted, containing modifications to the family law system. Also, the Supreme Court of Chile …


The Class Of 2009: Recession Or Restructuring?, William D. Henderson Jul 2010

The Class Of 2009: Recession Or Restructuring?, William D. Henderson

Articles by Maurer Faculty

No abstract provided.


Raising The Bar: Standards-Based Training, Supervision, And Evaluation, Adele Bernhard Jul 2010

Raising The Bar: Standards-Based Training, Supervision, And Evaluation, Adele Bernhard

Articles & Chapters

In this short Article, I sketch the methodology my colleagues and I at Pace Law School use to incorporate practice standards into our clinical teaching and reflect on how a standards-based teaching paradigm could be adapted to the training, supervision, and evaluation of public defenders. Then, I briefly consider how standards and standards-based teaching assist in the administration of assigned counsel plans and in the evaluation of the performance of public defender organizations. Although this Article does not cover any of these topics in depth, my goal is to introduce the reader to a standards-based approach to teaching and suggest …