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Full-Text Articles in Law

Earth Mothers, Soy Boys, And Cool Dudes: Practicing Law While Protecting The Environment, Elizabeth J. Hubertz Jan 2020

Earth Mothers, Soy Boys, And Cool Dudes: Practicing Law While Protecting The Environment, Elizabeth J. Hubertz

Scholarship@WashULaw

As a public-interest environmental lawyer, this author explores gender in the legal profession. Specifically, gender in environmental law. Through a recognition of the gendered dimensions of environmental law, this Article explores the nature-culture binary, the relationship of meat to masculinity, and perceptions of the risks and threats of climate change.


Why Lawyers Fear Love: Mohandas Gandhi’S Significance To The Mindfulness In Law Movement, Nehal A. Patel Jan 2015

Why Lawyers Fear Love: Mohandas Gandhi’S Significance To The Mindfulness In Law Movement, Nehal A. Patel

Nehal A. Patel

Although mindfulness has gained the attention of the legal community, there are only a handful of scholarly law articles on mindfulness. The literature effectively documents the Mindfulness in Law movement, but there has been minimal effort to situate the movement into the broader history of non-Western ideas in the legal academy and profession. Similarly, there has been little recent scholarship offering a critique of the American legal system through the insights of mindfulness. In this Article, I attempt to fill these gaps by situating the Mindfulness in Law movement into the history of modern education’s western-dominated world-view. With this approach, …


Gender And Global Lawyering: Where Are The Women?, Steven Boutcher, Carole Silver Dec 2012

Gender And Global Lawyering: Where Are The Women?, Steven Boutcher, Carole Silver

Carole Silver

The dual processes of diversity and globalization are responsible for significant growth among U.S. law firms: female lawyers account for much of the increase in headcount in large law firms over the last several decades, and lawyers educated and licensed in jurisdictions outside of the U.S. have helped U.S.-based law firms expand internationally. This article draws on data gathered from lawyer biographies to examine the relationship between gender diversity and globalization, and considers whether career strategies that involve the international movement of lawyers are equally powerful for women and men. Our research suggests that gender inequality is not erased by …


In Memorium: Bernard Wolfman, Michael A. Fitts Jun 2012

In Memorium: Bernard Wolfman, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


Legal Ethics And Campaign Contributions: The Professional Responsibility To Pay For Justice, Keith Swisher Jan 2011

Legal Ethics And Campaign Contributions: The Professional Responsibility To Pay For Justice, Keith Swisher

Keith Swisher

Lawyers as johns, and judges as prostitutes? Across the United States, attorneys (“johns,” as the analogy goes) are giving campaign money to judges (“prostitutes”) and then asking those judges for legal favors in the form of rulings for themselves and their clients. Despite its pervasiveness, this practice has been rarely mentioned, much less theorized, from the attorneys’ ethical point of view. With the surge of money into judicial elections (e.g., Citizens United v. FEC), and the Supreme Court’s renewed interest in protecting justice from the corrupting effects of campaign money (e.g., Caperton v. A.T. Massey Coal Co.), these conflicting currents …


What Will Our Future Look Like And How Will We Respond?, Michael A. Fitts Jan 2011

What Will Our Future Look Like And How Will We Respond?, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


A Dean's Perspective On Ed Baker, Michael A. Fitts Jan 2010

A Dean's Perspective On Ed Baker, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


Pro-Prosecution Judges: "Tough On Crime," Soft On Strategy, Ripe For Disqualification, Keith Swisher Dec 2009

Pro-Prosecution Judges: "Tough On Crime," Soft On Strategy, Ripe For Disqualification, Keith Swisher

Keith Swisher

In this Article, I take the most extensive look to date at pro-prosecution judges and ultimately advance the following, slightly scandalous claim: Particularly in our post-Caperton, political-realist world, “tough on crime” elective judges should recuse themselves from all criminal cases. The contextual parts to this claim are, in the main, a threefold description: (i) the "groundbreaking" Caperton v. A.T. Massey Coal decision, its predecessors, and its progeny; (ii) the judicial ethics of disqualification; and (iii) empirical and anecdotal evidence of pro-prosecution (commonly called "tough on crime") campaigns and attendant electoral pressures. Building on this description and the work of empiricists, …


Legal And Managerial "Cultures" In Corporate Representation, Geoffrey C. Hazard Jr. Jan 2009

Legal And Managerial "Cultures" In Corporate Representation, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


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

All Faculty Scholarship

No abstract provided.


The Effect Of Judicial Expedience On Attorney Fees In Class Actions, Eric Helland, Jonathan Klick Jan 2007

The Effect Of Judicial Expedience On Attorney Fees In Class Actions, Eric Helland, Jonathan Klick

All Faculty Scholarship

Judges facing exogenous constraints on their pecuniary income have an incentive to reduce their workload to increase their private welfare. In the face of an increase in caseload, this incentive will induce judges to attempt to terminate some cases more rapidly. In class action cases, failing to grant an attorney fee request will delay termination. This conflict is likely to lead judges to authorize higher fees as court congestion increases. Using two data sets of class action settlements, we show that attorney fees are significantly and positively related to the congestion level of the court hearing the case.


Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr. Oct 2005

Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Law, Ethics And Mystery, Geoffrey C. Hazard Jr. Jan 2005

Law, Ethics And Mystery, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


"Lawyers For Lawyers": The Emerging Role Of Law Firm Legal Counsel, Geoffrey C. Hazard Jr. Jan 2005

"Lawyers For Lawyers": The Emerging Role Of Law Firm Legal Counsel, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Lawyer For The Situation, Geoffrey C. Hazard Jr. Jan 2004

Lawyer For The Situation, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


The Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, Jill E. Fisch, Caroline M. Gentile Jan 2003

The Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, Jill E. Fisch, Caroline M. Gentile

All Faculty Scholarship

The Securities and Exchange Commission introduced a new corporate governance structure, the qualified legal compliance committee, as part of the professional standards of conduct for attorneys mandated by the Sarbanes-Oxley Act of 2002. QLCCs are consistent with the Commission’s general approach to improving corporate governance through specialized committees of independent directors. This Article suggests, however, that assessing the benefits and costs of creating QLCCs may be more complex than is initially apparent. Importantly, QLCCs are unlikely to be effective in the absence of incentives for active director monitoring. This Article concludes by considering three ways of increasing these incentives.


No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick Jan 2003

No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr. Jan 2002

Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch Jan 2002

Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch

All Faculty Scholarship

The lead counsel auction has attracted increasing attention. Auction advocates argue that auctions introduce competitive market forces that improve the selection and compensation of class counsel. The benefits of the auction, the;' claim, include lower legal fees and better representation. Careful scrutiny reveals that auction advocates have overlooked substantial methodological problems with the design and implementation of the lead counsel auction. Even if these problems were overcome, the auction procedure is flawed: Auctions are poor tools for selecting firms based on multiple criteria, compromise the judicial role, and are unlikely to produce reasonable fee awards. Although the existing record is …


Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch Apr 2001

Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch

All Faculty Scholarship

No abstract provided.


Taking Action Against Auctions: The Third Circuit Task Force Report, Jill E. Fisch Jan 2001

Taking Action Against Auctions: The Third Circuit Task Force Report, Jill E. Fisch

All Faculty Scholarship

No abstract provided.


Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr. Jan 2000

Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


The Architecture Of Judicial Independence, Stephen B. Burbank Jan 1999

The Architecture Of Judicial Independence, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Speaking Truth To Powerlessness, Howard Lesnick Jan 1999

Speaking Truth To Powerlessness, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Bringing Legal Realism To The Study Of Ethics And Professionalism, Douglas N. Frenkel, Robert L. Nelson, Austin Sarat Jan 1998

Bringing Legal Realism To The Study Of Ethics And Professionalism, Douglas N. Frenkel, Robert L. Nelson, Austin Sarat

All Faculty Scholarship

No abstract provided.


The Underlying Causes Of Withdrawal And Expulsion Of Partners From Law Firms, Geoffrey C. Hazard Jr. Jan 1998

The Underlying Causes Of Withdrawal And Expulsion Of Partners From Law Firms, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


The Religious Lawyer In A Pluralist Society, Howard Lesnick Jan 1998

The Religious Lawyer In A Pluralist Society, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Commentary: Policy Implications, Geoffrey C. Hazard Jr. Jan 1995

Commentary: Policy Implications, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Religious Particularity, Religious Metaphor, And Religious Truth: Listening To Tom Shaffer, Howard Lesnick Jan 1995

Religious Particularity, Religious Metaphor, And Religious Truth: Listening To Tom Shaffer, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Why Pro Bono In Law Schools, Howard Lesnick Jan 1994

Why Pro Bono In Law Schools, Howard Lesnick

All Faculty Scholarship

No abstract provided.