Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Legal education (4)
- Legal Profession (3)
- Legal profession (3)
- Professional Ethics (3)
- Advocacy (2)
-
- Ethics (2)
- Lawyers (2)
- Legal Education (2)
- Skills education (2)
- Changes in law practice (1)
- Declining law school applications (1)
- Declining law school resources (1)
- Declining law schools (1)
- Economics (1)
- Fixing legal education (1)
- Incubators (1)
- Information technology and law practice (1)
- Jurisprudence (1)
- Law and Society (1)
- Law faculty self-interest (1)
- Law faculty sinecure (1)
- Law professors (1)
- Law school enrollments (1)
- Law schools (1)
- Law schoolscam (1)
- Lawyer role (1)
- Legal strategy (1)
- Machiavellianism (1)
- Practice ready law graduates (1)
- Practice ready lawyers (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer
The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer
David Barnhizer
In Western culture the name Niccolo Machiavelli has become Machiavellianism, a pejorative signifying the willingness to do anything to achieve desired ends. American lawyers do have limits, however, and are expected to operate according to an ethical code that is at least intended to prevent the worst abuses. The effectiveness of this ethical code has often been questioned, as have the questionable efforts of the organized bar to enforce its rules, but on the surface it differentiates law practice from hand-to-hand combat and military struggles. Even though I have sometimes used the concepts of the warrior lawyer, the general and …
The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer
The Moral Lawyer And The Machiavellian Nature Of Law Practice, David Barnhizer
David Barnhizer
In Western culture the name Niccolo Machiavelli has become Machiavellianism, a pejorative signifying the willingness to do anything to achieve desired ends. American lawyers do have limits, however, and are expected to operate according to an ethical code that is at least intended to prevent the worst abuses. The effectiveness of this ethical code has often been questioned, as have the questionable efforts of the organized bar to enforce its rules, but on the surface it differentiates law practice from hand-to-hand combat and military struggles. Even though I have sometimes used the concepts of the warrior lawyer, the general and …
The American Law School And Nine Elements Of “Thinking Like A Lawyer”, David Barnhizer
The American Law School And Nine Elements Of “Thinking Like A Lawyer”, David Barnhizer
David Barnhizer
The idea of “thinking like a lawyer” represents a form that combines strategic analysis, assessment and action. At this point my analysis takes an unusual step and seeks to enhance our understanding through use of a seemingly “exotic” framework. In A Book of Five Rings, Miyamoto Musashi describes nine points a strategist must master. I have long thought these points represent the true meaning and composition of what it means when we say “thinking like a lawyer” and am offering them here as a focusing device. Musashi’s nine elements are: 1). Do not think dishonestly; 2). Become acquainted with every …
Self-Interest And Sinecure: Why Law School Can’T Be “Fixed” From Within, David Barnhizer
Self-Interest And Sinecure: Why Law School Can’T Be “Fixed” From Within, David Barnhizer
David Barnhizer
The issue of how best to do a legal education is being approached as if it were an intellectual and pedagogical question. Of course in a conceptual sense it is. But from a political and human perspective (law faculty, deans and lawyers) it is a self-interested situation in terms of how does this affect me? The reality is that for law faculty and deans it is mainly a life style, status, economic benefit and political situation in which the various interests protected by the traditional faculty slot placeholders [as well as the non-traditional practice-oriented teachers) are being masked by self-serving …
"Practice Ready" Law Graduates, David Barnhizer
"Practice Ready" Law Graduates, David Barnhizer
David Barnhizer
Whatever view one holds on the idea of “practice ready” law graduates in the abstract it seems clear that it does not and could not mean that a new graduate can be fully capable of providing high quality services across the board to clients unfortunate enough to be using the services of the neophyte lawyer. If that were the case I can hear a client’s conversation with the brand new lawyer in a complex corporate merger with numerous parties, millions of dollars at stake, estate and tax issues, patent rights and differing valuations for the deal. “How many of these …