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Full-Text Articles in Law

The Practice Of Criminal Defense: Principles Of Why We Fight, Beau James Brock, Andre Belanger Aug 2011

The Practice Of Criminal Defense: Principles Of Why We Fight, Beau James Brock, Andre Belanger

Beau James Brock

The eleven principles of why and how we are proud to professionally represent families in need in the practice of criminal law.


Commitment And Responsibility: Modeling And Teaching Professionalism Pervasively, Marjorie A. Silver Aug 2011

Commitment And Responsibility: Modeling And Teaching Professionalism Pervasively, Marjorie A. Silver

Marjorie A. Silver

No abstract provided.


Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine May 2011

Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine

Samuel J. Levine

Among the challenges facing the lawyer who renders legal services to clients with limited means are ethical and professional questions relating to the influence of third parties on the lawyer-client relationship. Although all lawyers may potentially face ethical dilemmas involving third parties, legal services lawyers are particularly vulnerable to such issues because, unlike most lawyers, legal services lawyers generally rely on the financial support of someone other than their client. These challenges may take many forms, affecting a variety of ethical and professional considerations. Levine examines a number of areas in which bar association committees, scholars, and courts have addressed …


Professionalism Without Parochialism: Julius Henry Cohen, Rabbi Nachman Of Breslov, And The Stories Of Two Sons, Samuel J. Levine May 2011

Professionalism Without Parochialism: Julius Henry Cohen, Rabbi Nachman Of Breslov, And The Stories Of Two Sons, Samuel J. Levine

Samuel J. Levine

Professor Levine addresses the question of whether the practice of law a business or a profession and looks at sources where practitioners might draw inspiration for ethical behaviors. He examines two works: a 1916 book by Julius Henry Cohen - The Law: Business or Profession?; and a tale by Chasidic master Rabbi Nachman of Breslov. Both works tell the story of two sons from two different fathers with different ethical natures that manifest in their different choices of and approaches to their careers. Professor Levine uses these two parables to suggest that a more inclusive question than those posed above: …


Effective Email Strategies For Law Students And Lawyers, Susanne Aronowitz Apr 2011

Effective Email Strategies For Law Students And Lawyers, Susanne Aronowitz

Publications

While most of you have been using email for as long as you can remember, communicating as a lawyer (or future lawyer) carries some unique obligations and responsibilities. Employers, clients, deans, faculty, and licensing agencies all have an interest in how you present yourself publicly. As a savvy legal professional, using email effectively can help you cultivate a reputation for integrity and strong communication skills. Conversely, thoughtless blunders can damage not only your own reputation, but that of colleagues, co-workers, employers, and clients. By taking the same level of care with your personal correspondence that you would with your motions …


Sea Captains And Philosopher Kings: Melville's Billy Budd And Plato's Republic, Robert E. Atkinson Jr. Mar 2011

Sea Captains And Philosopher Kings: Melville's Billy Budd And Plato's Republic, Robert E. Atkinson Jr.

Robert E. Atkinson Jr.

This article shows how Melville’s Billy Budd, rightly one of law and literature’s most widely studied canonical texts, answers Plato’s challenge in Book X of the Republic: Show how “poets” create better citizens, especially better rulers, or banish them from the commonwealth of reasoned law. Captain Vere is a flawed but instructive version of the Republic’s philosopher-king, even as his story is precisely the sort of “poetry” that Plato should willing allow, by his own republican principles, into the ideal polity. Not surprisingly, the novella shows how law’s agents must be wise, even as their law must be philosophical, if …


Sea Captains And Philosopher Kings: Melville's Billy Budd And Plato's Republic, Robert E. Atkinson Jr. Mar 2011

Sea Captains And Philosopher Kings: Melville's Billy Budd And Plato's Republic, Robert E. Atkinson Jr.

Robert E. Atkinson Jr.

This article shows how Melville’s Billy Budd, rightly one of law and literature’s most widely studied canonical texts, answers Plato’s challenge in Book X of the Republic: Show how “poets” create better citizens, especially better rulers, or banish them from the commonwealth of reasoned law. Captain Vere is a flawed but instructive version of the Republic’s philosopher-king, even as his story is precisely the sort of “poetry” that Plato should willing allow, by his own republican principles, into the ideal polity. Not surprisingly, the novella shows how law’s agents must be wise, even as their law must be philosophical, if …


Assessing The Foundations Of Neo-Classical Professionalism In Law And Business, Robert E. Atkinson Jr. Feb 2011

Assessing The Foundations Of Neo-Classical Professionalism In Law And Business, Robert E. Atkinson Jr.

Robert E. Atkinson Jr.

This paper offers a neo-classical approach to corporate reform: Remodeling the private practice of corporate law and the management of for-profit business to make both occupations better serve, together, their proper public functions. Without dismissing the recent focus of reform on external regulation of corporations or internal restructuring of corporate governance, this paper seeks the foundation for a different approach, encouraging corporate managers and lawyers as professionals to serve their occupation’s correlate values: prosperity and justice. This focus on the primary agents of modern capitalism, corporate managers and lawyers, responds both to early management reformers like Brandeis in the U.S. …


Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine Jan 2011

Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine

Samuel J. Levine

Among the challenges facing the lawyer who renders legal services to clients with limited means are ethical and professional questions relating to the influence of third parties on the lawyer-client relationship. Although all lawyers may potentially face ethical dilemmas involving third parties, legal services lawyers are particularly vulnerable to such issues because, unlike most lawyers, legal services lawyers generally rely on the financial support of someone other than their client. These challenges may take many forms, affecting a variety of ethical and professional considerations. Levine examines a number of areas in which bar association committees, scholars, and courts have addressed …


Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Lissa Griffin Jan 2011

Changes To The Culture Of Adversarialness: Endorsing Candor, Cooperation And Civility In Relationships Between Prosecutors And Defense Counsel, Lissa Griffin

Elisabeth Haub School of Law Faculty Publications

Following a brief history of prior versions of the relevant Standards in Part I, Part II describes the current draft of the proposed Prosecution and Defense Functions, focusing on new requirements for candor, civility, and cooperation. The article concludes that the proposed revisions represent a healthy step toward a more reliable, trustworthy, and efficient criminal justice system. The revisions explicitly recognize the central, powerful, and multidimensional role of the prosecutor and attempt to respond accurately and realistically to the needs and demands of that role. As the drafting and approval process continues, certain specific areas need greater clarification and thus …


Unpacking The Apprenticeship Of Professional Identity And Purpose: Insights From The Law School Survey Of Student Engagement, Carole Silver, Amy Garver, Lindsay Watkins Jan 2011

Unpacking The Apprenticeship Of Professional Identity And Purpose: Insights From The Law School Survey Of Student Engagement, Carole Silver, Amy Garver, Lindsay Watkins

Articles by Maurer Faculty

Drawing on data from the Law School Survey of Student Engagement, this paper investigates the ways in which law students develop a sense of professional identity and purpose, the third apprenticeship identified by the Carnegie Foundation in its report, Educating Lawyers. The data offer only a first step toward unpacking how students learn about professional identity and purpose. Generally, the findings point to the importance of law school classes for effective learning about legal ethics, and to the role of clinical legal education as a means for deepening the effectiveness of lessons about ethics, professional identity and purpose.


Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls And Ethical Considerations, Patricia E. Salkin Jan 2011

Social Networking And Land Use Planning And Regulation: Practical Benefits, Pitfalls And Ethical Considerations, Patricia E. Salkin

Scholarly Works

This article explores how social networking sites have been used or might be used in the land use context. Part I focuses on the use of social networking for land use planning and zoning. It includes a discussion of the pros and cons of the use of social networking sites to present public information and to gather public input and invite general participation in the process, as well as to provide notice to the public of forthcoming government decision-making. This section offers concrete examples of how this technology is currently being used in the land use context. Part II focuses …


Calling Law A 'Profession' Only Confuses Thinking About The Challenges Lawyers Face, Thomas D. Morgan Jan 2011

Calling Law A 'Profession' Only Confuses Thinking About The Challenges Lawyers Face, Thomas D. Morgan

GW Law Faculty Publications & Other Works

It is appropriate to want lawyers to be mature, moral people and to help legal education reinforce those qualities. It is also appropriate to be sure students understand lawyers’ fiduciary responsibilities and the ways lawyers fall short of meeting them. It only confuses work on those issues, however, to call them part of teaching "professionalism." Law is not a "profession" as that term has traditionally been used. Calling law a profession does not help understanding the challenges lawyers face.


Making Civility Democratic, Amy R. Mashburn Jan 2011

Making Civility Democratic, Amy R. Mashburn

UF Law Faculty Publications

Historically, the concept of civility has been bound up with undemocratic notions of hierarchy and deference. Using insights from studies of civility by social psychologists, linguists, sociologists, historians, and political theorists, this article advances the theory that the legal profession’s self-consciously isolating professionalism ideology allows judges and disciplinary tribunals to apply deference-based notions of civility in their decisions to sanction lawyers. This theory would predict that the lawyers most likely to be sanctioned for incivility and rudeness are those from whom society expects the most deference. To test this theory, the author conducted an empirical study of every available case …