Law Commons^™

Rising Expectations In Law Practice And Legal Education, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

The State Of Trial Advocacy And Legal Education: Three New Studies, Roger C. Cramton, Erik M. Jensen

Cornell Law Faculty Publications

The appearance of three recent studies- two of trial judges’ perceptions of trial lawyers’ performance and one of law schools graduates’ perceptions of the utility of legal training- provides an opportunity to reevaluate the state of lawyer competence and the effect of law schools on that competence. With increased pressures in the profession for reformation of law school curricula, including the prescription of particular subjects, separation of the imagined failings of law schools from the genuine deficiencies has become increasingly important.

Here's What We Do: Some Notes About Clinical Legal Education, Stephen Wizner, Dennis Curtis

Cleveland State Law Review

For the past decade we have been engaged in developing the Yale Law School clinical program. From time to time academic colleagues, practicing lawyers, and even non-lawyers have asked what we do. Until we were invited to do so, however, we never could bring ourselves to put down on paper some of our thoughts about legal education in general, and clinical legal education in particular, gleaned from years of working in the field. These notes represent a beginning in that direction.

Clinical Legal Education: The Case Against Separatism, Frank W. Munger

Cleveland State Law Review

In this article I attempt to support my conclusion that the future of clinical education lies in its contributions to the classroom, rather than in its function as an independent source of training. This last phase of the clinical movement is the most important, and will constitute the greatest contribution of clinicians to legal education. I will argue that the concerns of clinicians have stimulated the soundest recent thinking about improvements in legal education, and that, therefore, clinics should be used to develop innovations in teaching which can be applied to the traditional classroom. If my arguments are valid, then …

Chart I - Summary Of Aba Model Rule And State Rules And Statutes, Cleveland State Law Review

Cleveland State Law Review

No abstract provided.

Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway

Cleveland State Law Review

This article will review the parallel patterns of development of clinical education and the sixth amendment, highlighting areas in which the practices of the former either conflict, or contain the potential for conflict with the latter. An analysis will be made of the present legal status of law student representation of indigent criminal defendants, with reference primarily to constitutional and sixth amendment considerations, but also to such related matters as the confidentiality of student-client communications, law student professional responsibility, and the applicability to students of state bar disciplinary rules. Finally, guidelines will be proposed regarding the proper scope of student …

Placing Pro Bono Publico In The National Legal Services Strategy, Mark N. Aaronson, Charles F. Palmer

Faculty Scholarship

No abstract provided.

Due Process And Pro Hac Vice Appearances By Attorneys: Does Any Protection Remain?, Timothy C. Cashmore

Buffalo Law Review

No abstract provided.

The Questionable Validity Of The Automatic Exemption Of Attorneys From Jury Service, Barbara Ann Dalvano

University of Richmond Law Review

On January 10, 1980 Senator Emick proposed a bill in the Virginia General Assembly to abolish the automatic and optional exemptions from jury service of persons engaged in certain occupations. The bill was not passed in its proposed form. Section 8.01-341, providing optional exemptions, still remains in force in its entirety. Automatic exemptions, however, were eliminated for optometrists, clerks of both houses of the General Assembly, ministers, jail keepers, superintendents of public and mental hospitals, undertakers, veterinarians, members of fire departments, pharmacists, clinical psychologists and citizens of Broad Water and Cobb Islands. Licensed practicing attorneys, however, along with several other …

Recent Developments In Missouri: Civil Practice And Procedure, Jeffrey B. Berman

Faculty Works

Although many recent decisions have altered Missouri Civil Practice and Procedure in various ways, the courts and the Missouri Bar Advisory Committee have made significant changes in several important areas. By interpreting statutes and promulgating ethical opinions, these institutions have crystallized Missouri law concerning attorneys' fees and liens-an area of interest to all attorneys. This article also surveys the recent evolution in Missouri law concerning jurisdiction, access to the courts, collateral estoppel, the effect of releases, and procedural devices such as impleader and joinder.

Approaches And Stumbling Blocks To Integration Of Skills Training And The Traditional Methods Of Teaching Law, W. Noel Keyes

Cleveland State Law Review

Having practiced for many years before becoming a law professor, the author felt compelled to look at the problem of how to integrate practical training into traditional methods for teaching law. It was soon evident that the solution could not be found if one took a pejorative attitude, dwelling on negative terminology such as "anti-intellectualism," but only if it was recognized that law study has little meaning without a concurrent study of its practice. This commentary will propose a mode for accomplishing this integration.

The Legacy Of Clinical Education: Theories About Lawyering, Carrie Menkel-Meadow

Cleveland State Law Review

This article will examine some of the various schools of thought about what lawyers do. It is offered as a commentary on the beginning of a philosophy or sociology of lawyering that is derived from the clinical movement which will survive long after the pedagogical and political disputes about clinical methodology have been resolved. This is a subjective study which incorporates my own interpretations of the concepts of the various schools of thought. I describe the approaches to or theories about lawyering and their "creators" as I know them, recognizing that some major theories, schools and people may not for …

Why Don't Law Schools Teach Law Students How To Try Law Suits, Edward J. Devitt

Cleveland State Law Review

As chairman of the Devitt Committee I was exposed to a wide range of views concerning the issue of the quality of trial advocacy in this country's courts. That experience made apparent the seriousness of the problem of inadequate trial advocacy and the necessity for appropriate remedies. The cure for this lies primarily with the law schools. What is needed is a fundamental change in attitude among American law schools. This commentary will establish that these pragmatic views have the support of logic, history and the available hard evidence.

Professional Responsibility Of A Law Teachers, Norman Redlich

Cleveland State Law Review

What are the essential ingredients of the proposed code of professional responsibility for the law teacher? First, the law teacher should take seriously the subject of ethics and professional responsibility. Second, law teachers should insist on students adhering to professional standards. Third, the essential quid pro quo for insisting on high professional standards on the part of the student is for the law teacher to demonstrate respect for students and for their time. Law teachers should respond to the views of the students with the courtesy and respect accorded to fellow professionals. Respect for one's faculty colleagues is an important …

Recent Publications, Paul Heng-Chao Chen, Paul Hoffman, Gilbert Sharpe, Glenn Sawyer, Leon Friedman, Catharine A. Mackinnon, Edward Dumbauld

Vanderbilt Law Review

Chinese Legal Tradition Under the Mongols: The Code of 1291 as Reconstructed. By Paul Heng-chao Ch'en

The author's analysis of the "New Code" leads him to two conclusions: that the Yuan penal system was more lenient than its predecessors in imposing lesser punishments for minor offenses, and that the Mongol-Chinese partnership of the Yuan dynasty developed one of the most impressive and mature judicial systems that imperial China ever had for the administration of justice. He therefore argues that Chinese law in the time of Marco Polo was much less barbaric than has traditionally been thought.

Courthouse. By Paul Hoffman. …

Serving The Guilty, Thomas L. Shaffer

Journal Articles

My purpose here is to ask whether there is a moral way for a lawyer to serve the guilty. I think this is an issue Mr. Rightor would have enjoyed. He was devoted to the instruction of future lawyers, particularly those who studied law at this law school and were enrolled in his classes in professional ethics. He was equally devoted, in the midst of a busy and successful law practice, to care and compassion for the occasional professional colleague who had, as Mr. McDonald said in his eulogy, "through ignorance or . . . financial plight . . . …

Four Cheers For Roger Cramton, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

The Benson Report: A Reactionary View Of Community Law Centres, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Clear Legal Drafting: What's Holding Us Back?, F. Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Multiple Representation Of Targets And Witnesses During A Grand Jury Investigation, Peter W. Tague

Georgetown Law Faculty Publications and Other Works

The propriety of one attorney representing several clients whose conduct is under investigation by a grand jury has been explored only superficially by the courts and the American Bar Association's Code of Professional Responsibility. Prosecutors nonetheless have often moved to disqualify counsel representing multiple clients in recent years, basing their motions both on the client's interest in loyal and competent representation and on the government's interest in the unimpeded progress of the grand jury investigation. Professor Tague discusses the factors that counsel should consider in deciding whether to undertake multiple representation at the grand jury stage, including strategy, ethics, and …

Vol. 3, No. 2 (December 6, 1979)

Exordium

No abstract provided.

Winter 1979

Transcript

No abstract provided.

Legal Representation Of The Mentally Ill, James R. Elkins

West Virginia Law Review

The "rights revolution," sparked by the United States Supreme Court under the leadership of former Chief Justice Earl Warren, has abated as the Court modifies and in some instances emasculates the constitutional rights afforded criminal defendants. While the Supreme Court assumes a more “moderate" position regarding the rights of criminal defendants and takes a closer look at due process decisions generally, the "rights revolution" has had substantial spillover effect in the case of individuals confined involuntarily in mental institutions. The courts, especially federal courts, have recognized the constitutional basis of procedural and substantive safeguards for individuals subject to commitment in …

Legal Opinion Letters And Texas Usury Laws., Albert H. Hiller, G. Christopher Scruggs

St. Mary's Law Journal

Abstract Forthcoming.

The Practice Of Law As Moral Discourse, Thomas L. Shaffer

Journal Articles

The beginning and end of a lawyer's professional life is talking with a client about what is to be done. I My claim here is that this is a moral conversation. I will suggest three ethical orientations which seem to govern the conversation, and then weigh the adequacy of each of the three orientations.

Vol. 3, No. 1 (October 12, 1979)

Exordium

No abstract provided.

Thomas Read And Sheldon Plager Running (Photograph)

Sheldon Plager (1977-1984)

Thomas Read, Dean of the IU·lndianapolis School of Law (left), and Sheldon Plager, Dean of the IU· Bloomington School of Law, appeared to be running neck and neck in the "Race Judlcata" held during the annual Law Alumni Weekend.

A Message From The Dean: Recapping 1978-79 At The Law School, And A Look At 1979-80, Sheldon J. Plager

Sheldon Plager (1977-1984)

No abstract provided.

Volume 3, Issue 1 (Fall 1979)

Transcript

No abstract provided.

The Lawyer As Professional: Examination, Licensing, And The Problem Of Deceptive Packaging, Robert H. Kennedy

Florida State University Law Review

No abstract provided.