Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Ethics and Professional Responsibility (16)
- Legal Profession (6)
- Arts and Humanities (3)
- Courts (3)
- History (3)
-
- Legal Biography (3)
- Legal History (3)
- Civil Rights and Discrimination (2)
- Constitutional Law (2)
- Criminal Procedure (2)
- Dispute Resolution and Arbitration (2)
- International Law (2)
- State and Local Government Law (2)
- United States History (2)
- Administrative Law (1)
- Comparative and Foreign Law (1)
- Contracts (1)
- Criminal Law (1)
- Entertainment, Arts, and Sports Law (1)
- Estates and Trusts (1)
- Family Law (1)
- Feminist, Gender, and Sexuality Studies (1)
- Juvenile Law (1)
- Law and Psychology (1)
- Legal Education (1)
- Legal Writing and Research (1)
- Legislation (1)
- Other Law (1)
- Securities Law (1)
- Institution
-
- Golden Gate University School of Law (6)
- University of Michigan Law School (5)
- Georgetown University Law Center (2)
- Selected Works (2)
- SelectedWorks (2)
-
- The University of Akron (2)
- University of Colorado Law School (2)
- Western Kentucky University (2)
- Butler University (1)
- Case Western Reserve University School of Law (1)
- Columbia Law School (1)
- Duke Law (1)
- Fordham Law School (1)
- Marquette University Law School (1)
- Maurer School of Law: Indiana University (1)
- Maurice A. Deane School of Law at Hofstra University (1)
- Northwestern Pritzker School of Law (1)
- Pace University (1)
- Penn State Law (1)
- Schulich School of Law, Dalhousie University (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Baltimore Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Miami Law School (1)
- University of Wollongong (1)
- University of the District of Columbia School of Law (1)
- Publication
-
- Golden Gate University Law Review (6)
- Articles (4)
- Faculty Scholarship (3)
- Georgetown Law Faculty Publications and Other Works (2)
- Journal Articles (2)
-
- MSS Finding Aids (2)
- Publications (2)
- Akron Law Faculty Publications (1)
- All Faculty Scholarship (1)
- Articles by Maurer Faculty (1)
- Case Western Reserve Journal of International Law (1)
- Dalhousie Law Journal (1)
- Douglas L. Colbert (1)
- Faculty Working Papers (1)
- Faculty of Law - Papers (Archive) (1)
- Fordham Law Review (1)
- Hofstra Law Review (1)
- John Sahl (1)
- Marko Novak (1)
- Marquette Sports Law Review (1)
- Michigan Law Review (1)
- Pace Law Review (1)
- Paula Marie Young Prof. (1)
- Scholarly Works (1)
- Undergraduate Honors Thesis Collection (1)
- University of Miami International and Comparative Law Review (1)
- Valerio Sangiovanni (1)
- Publication Type
Articles 31 - 41 of 41
Full-Text Articles in Law
Origin Myths, Contracts, And The Hunt For Pari Passu, Mark C. Weidemaier, Robert E. Scott, G. Mitu Gulati
Origin Myths, Contracts, And The Hunt For Pari Passu, Mark C. Weidemaier, Robert E. Scott, G. Mitu Gulati
Faculty Scholarship
Sovereign loans involve complex but largely standardized contracts, and these include some terms that no one understands. Lawyers often account for the existence of these terms through origin myths. Focusing on one contract term, the pari passu clause, this article explores two puzzling aspects of these myths. First, it demonstrates that the myths are inaccurate as to both the clause’s origin and the role of lawyers in contract drafting. Second, the myths often are unflattering, inaccurately portraying lawyers as engaged in little more than rote copying. The article probes this disjunction between the myths and lawyers’ actual practices and explores …
Robinson Everett: The Citizen Lawyer Ideal Lives On, David F. Levi
Robinson Everett: The Citizen Lawyer Ideal Lives On, David F. Levi
Faculty Scholarship
In this tribute to Professor Robinson O. Everett, Dean David Levi questions the view that the citizen-lawyer or lawyer-statesmen models are in decline. Tracing Professor Everett’s varied career, accomplishments, and commitments to individuals and institutions; Levi contends that Everett combined the lawyer's traditional focus on the individual with an overall dedication to the larger community. Everett was not just a model citizen; he was a lawyer-citizen. Levi contends that the survival of the lawyer-citizen and lawyer-statesmen models is a matter of choice and character. Nothing in the current structure of the legal economy places these models out of reach for …
Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, Jack P. Sahl
Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, Jack P. Sahl
Marquette Sports Law Review
No abstract provided.
Mapping The World: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Mapping The World: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
All Faculty Scholarship
This Article explores what is and what is not in adjudication and mediation, thus illuminating the profound differences between these two processes. The Article does this work in four parts. First, it offers an analysis of cognitive mapmaking and its inevitability in constructing meaning. It then explores how adjudication defines meaning in a particular way. This Article then conducts a comparable analysis of mediation. Finally, it focuses on the bridging function attorneys play between the worlds of mediation and adjudication.
How Must A Lawyer Be? A Response To Woolley And Wendel, David Luban
How Must A Lawyer Be? A Response To Woolley And Wendel, David Luban
Georgetown Law Faculty Publications and Other Works
In Legal Ethics and Moral Character, 23 GEO. J. LEGAL Ethics, Alice Woolley and W. Bradley Wendel argue that theories of legal ethics may be evaluated by examining the kind of person a lawyer must be to conform to the normative demands of the theory. In their words, theories of legal ethics musts answer questions not only of what a lawyer must do, but how a lawyer must be. Woolley and Wendel examine three theories of legal ethics—those of Charles Fried, William Simon, and myself—and conclude that the theories they discuss impose demands on agency that are not realistic, functional, …
Litigation Strategies For Dealing With The Indigent Defense Crisis, Eve Brensike Primus
Litigation Strategies For Dealing With The Indigent Defense Crisis, Eve Brensike Primus
Articles
The indigent defense delivery system in the United States is in a state of crisis. Public defenders routinely handle well over 1,000 cases a year, more than three times the number of cases that the American Bar Association says one attorney can handle effectively. As a result, many defendants sit in jail for months before even speaking to their court-appointed lawyers. And when defendants do meet their attorneys, they are often disappointed to learn that these lawyers are too overwhelmed to provide adequate representation. With public defenders or assigned counsel representing more than 80% of criminal defendants nationwide, the indigent …
David Luban, Review Of Daniel Markovits, A Modern Legal Ethics: Adversary Advocacy In A Democratic Age, David Luban
David Luban, Review Of Daniel Markovits, A Modern Legal Ethics: Adversary Advocacy In A Democratic Age, David Luban
Georgetown Law Faculty Publications and Other Works
Daniel Markovits offers a novel defense of the traditional partisan advocate’s role, based on the demands of personal integrity. Although he insists that the adversary system requires lawyers to lie and cheat (regardless of the particular ethics rules in place), it is possible to redescribe these lawyerly vices as the virtue of fidelity to a client, expressed through what John Keats called “negative capability”—a suppression of the self in order to allow someone else’s story to shine forth. These are first-personal moral ideals, and Markovits argues against the primacy of second- and third-personal moral ideals (such as Kantianism and utilitarianism) …
A Structural Vision Of Habeas Corpus, Eve Brensike Primus
A Structural Vision Of Habeas Corpus, Eve Brensike Primus
Articles
As scholars have recognized elsewhere in public law, there is no hermetic separation between individual rights and structural or systemic processes of governance. To be sure, it is often helpful to focus on a question as primarily implicating one or the other of those categories. But a full appreciation of a structural rule includes an understanding of its relationship to individuals, and individual rights can both derive from and help shape larger systemic practices. The separation of powers principle, for example, is clearly a matter of structure, but much of its virtue rests on its promise to help protect the …
Attorneys As Arbitrators, Adam C. Pritchard, Stephen J. Choi, Jill E. Fisch
Attorneys As Arbitrators, Adam C. Pritchard, Stephen J. Choi, Jill E. Fisch
Articles
We study the role of attorneys as arbitrators in securities arbitration. We find that arbitrators who also represent brokerage firms or brokers in other arbitrations award significantly less compensation to investor-claimants than do other arbitrators. We find no significant effect for attorney-arbitrators who represent investors or both investors and brokerage firms. The relation between representing brokerage firms and arbitration awards remains significant even when we control for political outlook. Arbitrators who donate money to Democratic political candidates award greater compensation than do arbitrators who donate to Republican can-didates. We also study the dynamics of panel interaction. We find that the …
Lawfare And Counterlawfare: The Demonization Of The Gitmo Bar And Other Legal Strategies In The War On Terror, David J. R. Frakt
Lawfare And Counterlawfare: The Demonization Of The Gitmo Bar And Other Legal Strategies In The War On Terror, David J. R. Frakt
Case Western Reserve Journal of International Law
No abstract provided.
Can Compassionate Practice Also Be Good Legal Practice?: Answers From The Lives Of Buddhist Lawyers, Deborah J. Cantrell
Can Compassionate Practice Also Be Good Legal Practice?: Answers From The Lives Of Buddhist Lawyers, Deborah J. Cantrell
Publications
What does it mean to say that one is a "good lawyer" in the United States? The dominant view is that a lawyer is a zealous advocate owing loyalty to, and taking direction from, the client. The lawyer is singularly focused and hyper-rationality is prized. This article challenges that narrative. Using the real lives of a group of lawyers across the United States, this article offers rich and nuanced descriptive data about the possibilities of "good lawyering" through compassion, equanimity, and an expanded notion of honesty. This article contributes importantly to the debate about what it means to be a …