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Articles 1 - 6 of 6

Full-Text Articles in Law

Transnational Legal Practice, Laurel Terry, Carole Silver, Ellyn Rosen, Carol A. Needham, Robert E. Lutz, Peter D. Ehrenhaft Jul 2008

Transnational Legal Practice, Laurel Terry, Carole Silver, Ellyn Rosen, Carol A. Needham, Robert E. Lutz, Peter D. Ehrenhaft

Faculty Scholarly Works

This article reviews developments in transnational legal practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional practice rules. In other …


The Movement Toward Early Case Handling In Courts And Private Dispute Resolution, John Lande Jan 2008

The Movement Toward Early Case Handling In Courts And Private Dispute Resolution, John Lande

John Lande

This article identifies early case handling (ECH) as an important general phenomenon in dispute system design theory and practice, catalogs the major ECH processes, and urges practitioners and policymakers to encourage use of and experimentation with ECH processes when appropriate. The key element of ECH is that people intentionally exercise responsibility for handling the case from the outset. ECH processes in courts include early case management procedures, differentiated case management systems, early neutral evaluation, and other early alternative dispute resolution (ADR) processes. ECH in the private sector includes ADR pledges and contract clauses, early case assessment and ADR screening protocols, …


The Future Regulation Of The Legal Profession: The Impact Of Treating The Legal Profession As Service Providers, Laurel Terry Jan 2008

The Future Regulation Of The Legal Profession: The Impact Of Treating The Legal Profession As Service Providers, Laurel Terry

Faculty Scholarly Works

In the past fifty years, one has heard debates about whether law is a business, a profession, or both, what these terms mean and whether it matters. Regardless of what one thinks about these debates, there is a new paradigm that must be added to the mix, which is the paradigm of lawyers as "service providers." In the "service providers" paradigm, the legal profession is not viewed as a separate, unique profession entitled to its own individual regulations, but is included in a broader group of "service providers," all of whom can be regulated together. This new paradigm represents a …


Structure And Integrity, Susan Carle Jan 2008

Structure And Integrity, Susan Carle

Articles in Law Reviews & Other Academic Journals

In this Review Essay of David Luban's Legal Ethics and Human Dignity, I argue that although Professor Luban has not had much to say until now about "structural" concerns - namely, how lawyers' locations within institutions that organize access to power shape or should shape those lawyers' conduct - in his most recent work, another approach slips in as a supplement to his individualist framework. In this emerging supplement, structural concerns become increasingly important. Although individual integrity continues to matter most in Professor Luban's world view, it increasingly matters in the context of structural relations in which lawyers' ethical duties …


The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick Jan 2008

The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick

Faculty Scholarship at Penn Carey Law

No abstract provided.


Lawyer, Be Thyself: An Empirical Investigation Of The Relationship Between The Ethic Of Care, The Feeling Decisionmaking Preference, And Lawyer Wellbeing, Susan Daicoff Dec 2007

Lawyer, Be Thyself: An Empirical Investigation Of The Relationship Between The Ethic Of Care, The Feeling Decisionmaking Preference, And Lawyer Wellbeing, Susan Daicoff

Susan Daicoff

No abstract provided.