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Full-Text Articles in Law
“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel
“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel
W. Bradley Wendel
Matthew Hale is a white supremacist who likes to attract media attention. He set himself up as the leader of a racist "church" called the World Church of the Creator and immediately went about attempting to put an articulate, polite face on the organization. Hale's application to become a licensed attorney in Illinois, his subsequent denial and the litigation that followed are discussed.
When Lawyers Move Their Lips: Attorney Truthfulness In Mediation And A Modest Proposal, Donald Peters
When Lawyers Move Their Lips: Attorney Truthfulness In Mediation And A Modest Proposal, Donald Peters
Don Peters
This article examines whether the punch line that you can tell when lawyers are lying by confirming that their lips are moving applies to their conduct when negotiating in mediations. General surveys of lawyer honesty suggest that this perception probably does apply to the way lawyers negotiate in mediations. Only 20% of people surveyed in a 1993 American Bar Association poll described the legal profession as honest, and that number fell to 14% in a 1998 Gallup poll. However, research demonstrates a connection between honest negotiating and perceived effectiveness. A study of 5,000 Denver and Phoenix lawyers found that honest, …
The Preclusion Of Nonlawyer Ownership Of Law Firms: Protecting The Interest Of Clients Or Protecting The Interest Of Lawyers?, Louise Hill
Louise L Hill
For the third time in as many decades, lawyers in the United States have sullied the notion of nonlawyer ownership of law firms. The most recent examination of alternative law practice structures was undertaken by Ethics 20/20, a Commission created by the American Bar Association [ABA] to conduct a plenary assessment of the ABA Rules of Professional Conduct and related ABA policies. A Working Group was formed which considered whether clients could be better served if law practice entities were restructured. To this end, issues were formulated and different law practice configurations were proposed, about which the public and members …
Law & Science: Toward A Unified Field, Deborah Hussey Freeland
Law & Science: Toward A Unified Field, Deborah Hussey Freeland
Deborah M. Hussey Freeland
To be relevant to the real world and to have a reasonable chance of producing fair outcomes, legal and political decisionmaking must take science into account. Scholars have been aware of this for over fifty years. The need for law to be informed by rigorous science is compelling, as we must make collective decisions that impact our sustainability and our humanity on a global scale. However, the field of Law & Science remains as fragmented now as it was a half-century ago. We have yet to find a reliable way to establish coherent interdisciplinary interaction that enables science to inform …
Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus
Developing Professional Identity Through Reflective Practice, Suzanne Darrow Kleinhaus
Suzanne Darrow Kleinhaus
No abstract provided.
Lawyers And The War, Robert Power
Contract And Conflict Management, Thomas J. Stipanowich
Contract And Conflict Management, Thomas J. Stipanowich
Thomas J. Stipanowich
Despite the widespread use of mediation and other dispute resolution processes in the United States today, many members of the bench and bar - including those responsible for the drafting, interpretation and implementation of consensual dispute resolution provisions still lack a fundamental grasp of the process choices available to contracting parties. More often than not, their information is fragmentary, their perceptions framed by anecdote and hearsay in lieu of personal experience. Transactional lawyers, those in the best position to offer advice and counsel in the structuring of contractual conflict management options, tend to be less well informed than colleagues in …
The Quiet Revolution Comes To Kentucky: A Case Study In Community Mediation, Thomas J. Stipanowich
The Quiet Revolution Comes To Kentucky: A Case Study In Community Mediation, Thomas J. Stipanowich
Thomas J. Stipanowich
This article is part of a symposium entitled “Emerging Alternative Dispute Resolution Systems” and discusses Professor Stipanowich's experience helping to establish a court-connected community mediation program. The article includes extensive discussion of the practical, legal and ethical issues associated with such programs and includes some early case statistics.