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Full-Text Articles in Law
Now You See It, Now You Don't: Depublication And Nonpublication Of Opinions Raise Motive Questions, Bennett L. Gershman
Now You See It, Now You Don't: Depublication And Nonpublication Of Opinions Raise Motive Questions, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
The basis for these comments is a decision last year by the Eighth Circuit Court of Appeals in Anastasoff v. United States. The court held that an Eighth Circuit local rule, which authorized nonpublication of opinions and explicitly stated that unpublished opinions were to have no precedential effect, was unconstitutional. The panel, in an opinion by Judge Richard S. Arnold, reasoned that a court rule purporting to confer upon appellate judges an absolute power to decide which decisions would be binding and which would not be binding went well beyond the “judicial power” within the meaning of Article III of …
Just Being A Lawyer: Reflections On The Legal Ethics Of A President Under Impeachment, John A. Humbach
Just Being A Lawyer: Reflections On The Legal Ethics Of A President Under Impeachment, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The core vice that Posner finds in Clinton’s efforts to contain the truth of the Lewinsky affair is very similar to a fault the public perceives in the behavior of lawyers generally. Namely, lawyers often try to obscure or distract from factual truth order to prevent the law from applying as intended. Most of this avoidance behavior is technically lawful because, for pragmatic reasons, allowances for such avoidance have been deliberately built into the criminal laws against perjury, obstruction of justice and the like. These allowances are a compromise that the law makes with morals so its criminal prohibitions will …
Deja Vu All Over Again, Gary A. Munneke
Deja Vu All Over Again, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
Why talk about the future at all? As a professor I am a student of change. But do forecasts about the future matter to the average practitioner. My answer is a resounding YES! To understand my attitude, it's important to look at the work of the Futurist Committee of the ABA Law Practice Management Section.
Recent Case: United States V. Hayes, 227 F.3d 578 (6th Cir. 2000), Emily Gold Waldman
Recent Case: United States V. Hayes, 227 F.3d 578 (6th Cir. 2000), Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications
In 1996, the Supreme Court recognized the existence of a federal psychotherapist-patient privilege in Jaffee v. Redmond. The Court did not explain, however, how this evidentiary privilege should coexist with a psychotherapist's so-called Tarasoff duty to breach confidentiality when necessary to protect third parties against whom a patient has articulated serious threats. Jaffee included a footnote indicating that the privilege was not intended to invalidate this duty, but left unclear whether the privilege continues once disclosure of the patient's threats has breached confidentiality. Indeed, the two circuits that have considered this issue since Jaffee have adopted divergent approaches. The Tenth …
Legal Skills For A Transforming Profession, Gary A. Munneke
Legal Skills For A Transforming Profession, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
The legal profession is undergoing dramatic changes that will drive a reformation in legal education. Legal educators must anticipate these changes to effectively prepare students for the practice of law in the twenty-first century. In order to be proficient practitioners, these students will require an expanded set of professional skills. Although the current legal skills paradigm was articulated by the American Bar Association MacCrate Task Force in 1991, it is time to reexamine legal skills with an eye toward preparing students to practice law in the new millennium. In Section II, this article examines trends in modern society and the …
Practicing Law Across Geographic And Professional Borders: What Does The Future Hold?, Gary A. Munneke
Practicing Law Across Geographic And Professional Borders: What Does The Future Hold?, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
A new global business reality is transforming the practice of law. Nowhere is this transformation more apparent than in the areas of multijurisdictional and multidisciplinary practice. These two trends, towards practice across jurisdictional boundaries on the one hand and across professional boundaries on the other, are engaging the attention of lawyers at the American Bar Association, the Canadian Bar Association: the American Corporate Counsel Association, the International Bar Association, as well as numerous other state and local, international, and specialty bar associations. This article describes that new business reality, those trends, and some of the ethical constraints presented by current …
The Prosecutor's Duty To Truth, Bennett L. Gershman
The Prosecutor's Duty To Truth, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
Part I of this Article discusses the prosecutor's duty to refrain from conduct that impedes the search for truth. A prosecutor may impede the truth-finding process in several ways: (1) distorting the truth by attacking the defendant's character, misleading and misrepresenting facts, and engaging in inflammatory conduct; (2) subverting the truth by making false statements and presenting false evidence; (3) suppressing the truth by failing to disclose potentially truth-enhancing evidence or obstructing defense access to potentially truth-enhancing evidence; and (4) other truth-disserving conduct that exploits defense counsel's misconduct and mistakes and prevents introduction of potentially truth-serving defenses. Part I also …