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Articles 1 - 30 of 72
Full-Text Articles in Law
And Then There Were Two: Splitting South Carolina's Department Of Health And Environmental Control, Arslan S. Valimohamed
And Then There Were Two: Splitting South Carolina's Department Of Health And Environmental Control, Arslan S. Valimohamed
South Carolina Law Review
No abstract provided.
Can You Hear Me Now: The Impacts Of Prosecutorial Call Monitoring On Defendants' Access To Justice, Hope L. Demer
Can You Hear Me Now: The Impacts Of Prosecutorial Call Monitoring On Defendants' Access To Justice, Hope L. Demer
South Carolina Law Review
No abstract provided.
Who Is The Client? Rethinking Professional Responsibility For Benefit Corporations, Joseph R. Pileri
Who Is The Client? Rethinking Professional Responsibility For Benefit Corporations, Joseph R. Pileri
Catholic University Law Review
A growing social enterprise movement has led companies to increasingly opt into the benefit corporation form, and those companies are hiring lawyers. Benefit corporations challenge the notion that corporate law’s primary focus is on furthering shareholder interests. While many have written about the benefit corporation with respect to corporate fiduciary law, this Article is the first to explore the form’s ethical implications for lawyers. Ethical obligations necessarily reflect substantive law governing client organizations; changes to the corporate form presented by benefit corporation legislation should reverberate in legal ethics. The legal profession, however, has not addressed how to lawyer to a …
The Upgraded Lawyer: Modern Technology And Its Impact On The Legal Profession, Thomas R. Moore
The Upgraded Lawyer: Modern Technology And Its Impact On The Legal Profession, Thomas R. Moore
University of the District of Columbia Law Review
At the peak of the Space Race in 1963, President John F. Kennedy remarked that, despite the great leaps brought by technology, "man is still the most extraordinary computer of all." With the advent of the internet and artificial intelligence, today's technological advancements might have shaken even Kennedy's faith in human superiority. For the legal profession, new technology presents a challenge to traditional notions in the practice of law as well. Clients may grow to expect tech-savviness from their attorneys, especially when their cases involve digital concepts. At the same time, the necessity for flesh-and-blood counsel may be diminished by …
The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan
The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan
Washington and Lee Journal of Civil Rights and Social Justice
In times of social upheaval, lawyers can mark the way toward social change. In particular, when lawyers become more aggressive than traditional lawyers in the cause of fighting injustice, they face backlash from multiple sources, including government and their own profession. Such was the case during the U.S. civil rights movement. Unusually aggressive behavior by cause lawyers was met with hostility from their own profession and from government action. Those lawyers, while battered at times with physical violence, bar ethics charges, contempt of court, and state hostility, survived and changed social conditions at the same time they altered the culture …
Utah’S Online Dispute Resolution Program, Deno Himonas
Utah’S Online Dispute Resolution Program, Deno Himonas
Dickinson Law Review (2017-Present)
This article by Utah Supreme Court Justice Deno Himonas describes Utah’s Online Dispute Resolution or ODR system. Launched in September 2018, Utah’s ODR system is available to litigants who have small claims disputes that involve $11,000 or less. The ODR system has been designed to provide “simple, quick, inexpensive and easily accessible justice” that includes “individualized assistance and information that is accessible across a multitude of electronic platforms.”
This article describes the history and philosophy behind Utah’s ODR system and includes a number of screen shots that show what an ODR litigant will see. Utah is the first U.S. state …
Washington’S Limited License Legal Technician Rule And Pathway To Expanded Access For Consumers, Stephen R. Crossland, Paula C. Littlewood
Washington’S Limited License Legal Technician Rule And Pathway To Expanded Access For Consumers, Stephen R. Crossland, Paula C. Littlewood
Dickinson Law Review (2017-Present)
Washington’s 2012 adoption of a Limited License Legal Technician (LLLT) rule has been a topic of great interest throughout the United States and elsewhere. This Article is co-written by Steve Crossland, who is the Chair of the Washington Supreme Court’s Limited License Legal Technician Board, which is responsible for implementing the rule, and Paula Littlewood, who is the Executive Director of the Washington State Bar Association, which is the unified bar association charged, inter alia, with lawyer and LLLT regulation. This Article builds on the authors’ previous articles about Washington’s LLLT program by providing previously unpublished information about the …
Educating The New Lawyer: Teaching Lawyers To Offer Unbundled And Other Client-Centric Services, Forrest S. Mosten, Julie Macfarlane, Elizabeth Potter Scully
Educating The New Lawyer: Teaching Lawyers To Offer Unbundled And Other Client-Centric Services, Forrest S. Mosten, Julie Macfarlane, Elizabeth Potter Scully
Dickinson Law Review (2017-Present)
In this article, Forrest Mosten and Julie Macfarlane build a new bridge in their 30-year professional relationship by linking their separate but complementary work in access to legal services, helping the self-represented litigant (“SRL”), transforming the lawyer from gladiator to problem-solver and conflict resolver, and using interdisciplinary team triage in Collaborative Law and preventive conflict wellness to better serve the public. The New Lawyer and Unbundled Legal Services are independent concepts that the three co-authors link in proposing new topics (including the concept of Legal Coaching, which is evolving from the unbundled model) and pedagogical approaches to teaching law students …
The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers
The Limits Of Pro Se Assistance In Immigration Proceedings: Discussion Of Nwirp V. Sessions, Ryan D. Brunsink, Christina L. Powers
Dickinson Law Review (2017-Present)
This Article discusses issues regarding assistance of pro se litigants in the context of immigration law. In particular, Part II of this Article highlights programs such as the Legal Orientation Program (LOP) and Immigration Court Helpdesk (ICH) that attempt to alleviate some of the inherent difficulties non-citizen detainees face in immigration proceedings. Part III of this Article focuses on a 2008 Regulation by the Executive Office of Immigration Review (EOIR), which calls for discipline against attorneys that engage in a pattern or practice of failing to enter a Notice of Appearance when engaged in practice or preparation. Lastly, Part IV …
Navigating The New York Courts With The Assistance Of A Non-Lawyer, Fern Fisher
Navigating The New York Courts With The Assistance Of A Non-Lawyer, Fern Fisher
Dickinson Law Review (2017-Present)
This Article discusses a program implemented by the New York State Unified Court System in order to address the justice gap for unrepresented litigants. Part I of this Article discusses the process behind creating the New York Navigator’s Program (discussed in more detail Part II), a program designed to help non-lawyer “Navigators” to assist unrepresented litigants in a limited capacity when the litigants appear before different types of state courts. The Navigators must complete training before they are able to assist the litigants. This program has been well received, as Part IV discusses, and has helped more and more unrepresented …
The Uneasy History Of Experiential Education In U.S. Law Schools, Peter A. Joy
The Uneasy History Of Experiential Education In U.S. Law Schools, Peter A. Joy
Dickinson Law Review (2017-Present)
This article explores the history of legal education, particularly the rise of experiential learning and its importance. In the early years of legal education in the United States, law schools devalued the development of practical skills in students, and many legal educators viewed practical experience in prospective faculty as a “taint.” This article begins with a brief history of these early years and how legal education subsequently evolved with greater involvement of the American Bar Association (ABA). With involvement of the ABA came a call for greater uniformity in legal education and guidelines to help law schools establish criteria for …
“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate
“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate
Dickinson Law Review (2017-Present)
No abstract provided.
Introduction To Section V: Facilitating Dialogue With And About The Profession, Maureen Weidman
Introduction To Section V: Facilitating Dialogue With And About The Profession, Maureen Weidman
Dickinson Law Review (2017-Present)
No abstract provided.
College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler
College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler
Dickinson Law Review (2017-Present)
No abstract provided.
Law Firm Economics And Professionalism, Ward Bower
Law Firm Economics And Professionalism, Ward Bower
Dickinson Law Review (2017-Present)
Both Dean Kronman in The Lost Lawyer and Professor Glendon in A Nation Under Lawyers attribute some of the problems and challenges facing lawyers today to economic pressures and to a preoccupation with profits and fees. For Kronman, this economic focus interferes with the “moral detachment” necessary for achievement of the “lawyer-statesman” ideal. For Glendon, professional dilemmas caused by the deterioration of the legal economy, competition in the marketplace, lawyer-shopping by clients, early specialization, lack of mentoring and emphasis on the billable hour have created an unhappy generation of ethically challenged practitioners.
Both authors accurately assess the state of the …
Lawyers In The Mist: The Golden Age Of Legal Nostalgia, Marc Galanter
Lawyers In The Mist: The Golden Age Of Legal Nostalgia, Marc Galanter
Dickinson Law Review (2017-Present)
No one watching the contemporary furor over the litigation explosion and lawsuits devouring America can fail to be impressed by the power of folklore to overwhelm workaday organized social knowledge. Time and again, the protestations of bean-counters and skeptics are vanquished by stories about perverse institutions peopled by malingering plaintiffs, greedy lawyers, capricious jurors, and arrogant judges, proving yet again that it is not what is so that matters, but what people—at least for the moment—think is so. Tenacious belief may not make it so, but can have powerful effects.
In this essay I address another cluster of folklore about …
Address Of Justice Edward J. Fox Of The Supreme Court Of Pennsylvania, Edward J. Fox
Address Of Justice Edward J. Fox Of The Supreme Court Of Pennsylvania, Edward J. Fox
Dickinson Law Review (2017-Present)
No abstract provided.
Money Didn’T Buy Happiness, Lawrence J. Fox
Money Didn’T Buy Happiness, Lawrence J. Fox
Dickinson Law Review (2017-Present)
No abstract provided.
Introduction To Section Vi: Understanding And Improving Our Judicial System, Hanna Borsilli
Introduction To Section Vi: Understanding And Improving Our Judicial System, Hanna Borsilli
Dickinson Law Review (2017-Present)
No abstract provided.
Reconstructing Professionalism, Dana A. Remus
Reconstructing Professionalism, Dana A. Remus
Georgia Law Review
Amidst widespread calls of crisis in the American legal
profession, scholars, commentators and bar leaders are
proposing that we rely on market logic to address the
problems and challenges of contemporary lawyering.
Proposed reforms seek to unbundle, commoditize, and
automate as many legal services as possible; to allow non-
lawyers to capitalize law firms and litigation; and to
permit services providers with limited or no legal training
to perform a wide range of legal tasks. In much the same
way that policymakers in the 1980s and 1990s came to
accept market-based deregulatory reforms to industries
across the country, today's ethics …
Establishing Best Billing Practices Through Billing Guidelines: Fostering Trust And Transparency On Legal Costs, Laura Johnson, Howard Tollin, Marci Waterman, Sarah Mills-Dirlam
Establishing Best Billing Practices Through Billing Guidelines: Fostering Trust And Transparency On Legal Costs, Laura Johnson, Howard Tollin, Marci Waterman, Sarah Mills-Dirlam
University of Arkansas at Little Rock Law Review
No abstract provided.
An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts
An All-Volunteer Force: Law Students And Pro Bono Lawyers Helping Veterans, Patricia E. Roberts
South Carolina Law Review
No abstract provided.
Admit That The Waters Around You Have Grown: Change And Legal Education, Mari J. Matsuda
Admit That The Waters Around You Have Grown: Change And Legal Education, Mari J. Matsuda
Indiana Law Journal
Presented as the Addison C. Harris Lecture at Indiana University Maurer School of Law, Bloomington, Indiana, September 25, 2013.
When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder
When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder
Pepperdine Law Review
No abstract provided.
Reflections: The Trajectory Of The Legal Profession In A Post-9/11 World, Joseph W. Armbrust
Reflections: The Trajectory Of The Legal Profession In A Post-9/11 World, Joseph W. Armbrust
NYLS Law Review
No abstract provided.
Introduction: Symposium On Lawyers’ Special Responsibilities As Public Citizens In A Rapidly Changing World , Susan D. Carle
Introduction: Symposium On Lawyers’ Special Responsibilities As Public Citizens In A Rapidly Changing World , Susan D. Carle
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Globalization Of The Legal Profession, William D. Henderson
The Globalization Of The Legal Profession, William D. Henderson
Indiana Journal of Global Legal Studies
Globalization of The Legal Profession, Symposium. Indiana University School of Law-Bloomington, April 6, 2006
Inter-America Bar Association: Resolutions Of The Xxxv Conference
Inter-America Bar Association: Resolutions Of The Xxxv Conference
University of Miami Inter-American Law Review
No abstract provided.