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Articles 1 - 30 of 34
Full-Text Articles in Law
The Uncertain Foundation Of Work Product, Michael A. Blasie
The Uncertain Foundation Of Work Product, Michael A. Blasie
Faculty Scholarly Works
Work product is heavily litigated, extensively studied, and sorely misunderstood. Most blissfully accept it as a combination of codified rules and the seminal case of Hickman v. Taylor. This view settles for a superficial understanding that neither recognizes nor questions underlining assumptions. The codified rules are legislative mandates, Hickman is Supreme Court common law, and they define the doctrine differently. To understand its proper scope of work product, we must know the basis of Hickman v. Taylor, whether it can coexist with codified rules, and what happens when they conflict. This Article takes the novel view that work product is …
Barnett Vs. Corson. Libel—Truth Of Statement As A Defence—Malice—Act Of Apr. 11, 1901, Construed
Barnett Vs. Corson. Libel—Truth Of Statement As A Defence—Malice—Act Of Apr. 11, 1901, Construed
Dickinson Law Review (2017-Present)
No abstract provided.
College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler
College Graduation As An Entrance Requirement To Law Schools, W. Harrison Hitchler
Dickinson Law Review (2017-Present)
No abstract provided.
Money Didn’T Buy Happiness, Lawrence J. Fox
Money Didn’T Buy Happiness, Lawrence J. Fox
Dickinson Law Review (2017-Present)
No abstract provided.
Bringing Compassion Into The Province Of Judging: Justice Blackmun And The Outsiders, Pamela S. Karlan
Bringing Compassion Into The Province Of Judging: Justice Blackmun And The Outsiders, Pamela S. Karlan
Dickinson Law Review (2017-Present)
No abstract provided.
New Beginnings: Embracing The Tradition And Innovation Of “Practice Greatness”, Gary Gildin
New Beginnings: Embracing The Tradition And Innovation Of “Practice Greatness”, Gary Gildin
Dickinson Law Review (2017-Present)
No abstract provided.
Introduction To Section I: In The Beginning . . . Volume 1 And What It Means To Be A Lawyer, Kristina J. Kim
Introduction To Section I: In The Beginning . . . Volume 1 And What It Means To Be A Lawyer, Kristina J. Kim
Dickinson Law Review (2017-Present)
No abstract provided.
Baccalaureate Address Delivered By Charles B. Lore, Ll.D., Chief Justice Of The Delaware Supreme Court, Charles B. Lore
Baccalaureate Address Delivered By Charles B. Lore, Ll.D., Chief Justice Of The Delaware Supreme Court, Charles B. Lore
Dickinson Law Review (2017-Present)
No abstract provided.
The Uniform Commercial Acts, J.P. Mckeehan
The Uniform Commercial Acts, J.P. Mckeehan
Dickinson Law Review (2017-Present)
The Commissioners on Uniform State Laws have had twenty- five annual conferences. The principal fruit of their labors is represented by the Negotiable Instruments Act, enacted in forty-seven jurisdictions; the Warehouse Receipts Act, enacted in thirty-one jurisdictions; the Sales Act, enacted in fourteen jurisdictions, the Bills of Lading Act enacted in thirteen jurisdictions, and the Stock Transfer Act, enacted in nine jurisdictions. They have also drafted acts relating to divorce, family desertion, probate of wills, marriage evasion, workmen’s compensation and partnership but these have not yet been enacted in more than a few states. All of the commercial acts are …
Uniform Commercial Acts, Samuel Williston
Uniform Commercial Acts, Samuel Williston
Dickinson Law Review (2017-Present)
No abstract provided.
Do We Need A Global Commercial Code?, Michael Joachim Bonell
Do We Need A Global Commercial Code?, Michael Joachim Bonell
Dickinson Law Review (2017-Present)
The International Institute for the Unification of Private Law (UNIDROIT) first launched the idea of preparing a code of inter- national trade law. In 1970, the Secretariat of UNIDROIT submitted a note to the newly established United Nations Commission on International Trade Law (UNCITRAL) in justification of such an initiative and indicated some of the salient features of the project. What was proposed was a veritable code in the continental sense. The proposed code included two parts: part one dealing with the law of obligations generally, and part two relating to specific kinds of commercial transactions. However, the “Progressive codification …
Editorial: About The Moot Court
Editorial: About The Moot Court
Dickinson Law Review (2017-Present)
No abstract provided.
Rat Race: Insider Advice On Landing Judicial Clerkships, Ruggero J. Aldisert, Ryan C. Kirkpatrick, James R. Stevens Iii
Rat Race: Insider Advice On Landing Judicial Clerkships, Ruggero J. Aldisert, Ryan C. Kirkpatrick, James R. Stevens Iii
Dickinson Law Review (2017-Present)
For many, the judicial clerkship application process is, to quote Sir Winston Churchill, a “riddle wrapped in a mystery inside an enigma.” It is a frenzied “Pamplona-like” atmosphere that begins on Labor Day +1 and continues unabated for several weeks. The initial week is the make or break point in the application review process because it is then that the judge starts to read each application and makes a “yes” or “no” evaluation. If his vote is a “no,” then no further action is taken. If it is a “yes,” the application passes to the law clerks, who then begin …
Introduction To Section Iv: Reflections About Legal Education, Laurel Terry
Introduction To Section Iv: Reflections About Legal Education, Laurel Terry
Dickinson Law Review (2017-Present)
No abstract provided.
“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate
“The Lost Lawyer” Regained: The Abiding Values Of The Legal Profession, Robert Maccrate
Dickinson Law Review (2017-Present)
No abstract provided.
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport
Changing The Modal Law School: Rethinking U.S. Legal Education In (Most) Schools, Nancy B. Rapoport
Dickinson Law Review (2017-Present)
This essay argues that discussions of educational reform in U.S. law schools have suffered from a fundamental misconception: that the education provided in all of the American Bar Association-accredited schools is roughly the same. A better description of the educational opportunities provided by ABA-accredited law schools would group the schools into three rough clusters: the “elite” law schools, the modal (most frequently occurring) law schools, and the precarious law schools. Because the elite law schools do not need much “reforming,” the better focus of reform would concentrate on the modal and precarious schools; however, both elite and modal law schools …
Introduction To Section V: Facilitating Dialogue With And About The Profession, Maureen Weidman
Introduction To Section V: Facilitating Dialogue With And About The Profession, Maureen Weidman
Dickinson Law Review (2017-Present)
No abstract provided.
Address Of Justice Edward J. Fox Of The Supreme Court Of Pennsylvania, Edward J. Fox
Address Of Justice Edward J. Fox Of The Supreme Court Of Pennsylvania, Edward J. Fox
Dickinson Law Review (2017-Present)
No abstract provided.
Law Firm Economics And Professionalism, Ward Bower
Law Firm Economics And Professionalism, Ward Bower
Dickinson Law Review (2017-Present)
Both Dean Kronman in The Lost Lawyer and Professor Glendon in A Nation Under Lawyers attribute some of the problems and challenges facing lawyers today to economic pressures and to a preoccupation with profits and fees. For Kronman, this economic focus interferes with the “moral detachment” necessary for achievement of the “lawyer-statesman” ideal. For Glendon, professional dilemmas caused by the deterioration of the legal economy, competition in the marketplace, lawyer-shopping by clients, early specialization, lack of mentoring and emphasis on the billable hour have created an unhappy generation of ethically challenged practitioners.
Both authors accurately assess the state of the …
Lawyers In The Mist: The Golden Age Of Legal Nostalgia, Marc Galanter
Lawyers In The Mist: The Golden Age Of Legal Nostalgia, Marc Galanter
Dickinson Law Review (2017-Present)
No one watching the contemporary furor over the litigation explosion and lawsuits devouring America can fail to be impressed by the power of folklore to overwhelm workaday organized social knowledge. Time and again, the protestations of bean-counters and skeptics are vanquished by stories about perverse institutions peopled by malingering plaintiffs, greedy lawyers, capricious jurors, and arrogant judges, proving yet again that it is not what is so that matters, but what people—at least for the moment—think is so. Tenacious belief may not make it so, but can have powerful effects.
In this essay I address another cluster of folklore about …
Introduction To Section Vi: Understanding And Improving Our Judicial System, Hanna Borsilli
Introduction To Section Vi: Understanding And Improving Our Judicial System, Hanna Borsilli
Dickinson Law Review (2017-Present)
No abstract provided.
The Fault In Legal Ethics, Anthony T. Kronman
The Fault In Legal Ethics, Anthony T. Kronman
Dickinson Law Review (2017-Present)
No abstract provided.
Justice Blackmun And Preclusion In The State-Federal Context, Karen Nelson Moore
Justice Blackmun And Preclusion In The State-Federal Context, Karen Nelson Moore
Dickinson Law Review (2017-Present)
No abstract provided.
Justice Blackmun And Individual Rights, Diane P. Wood
Justice Blackmun And Individual Rights, Diane P. Wood
Dickinson Law Review (2017-Present)
Of the many contributions Justice Blackmun has made to American jurisprudence, surely his record in the area of individual rights stands out for its importance. Throughout his career on the Supreme Court, he has displayed concern for a wide variety of individual and civil rights. He has rendered decisions on matters ranging from the most personal interests in autonomy and freedom from interference from government in life’s private realms, to the increasingly complex problems posed by discrimination based upon race, sex, national origin, alienage, illegitimacy, sexual orientation, and other characteristics. As his views have become well known to the public, …
Our Courts, Ourselves: How The Alternative Dispute Resolution Movement Is Re-Shaping Our Legal System, Deborah R. Hensler
Our Courts, Ourselves: How The Alternative Dispute Resolution Movement Is Re-Shaping Our Legal System, Deborah R. Hensler
Dickinson Law Review (2017-Present)
Twenty-seven years ago, Professor Frank Sander urged American lawyers and judges to re-imagine the civil courts as a collection of dispute resolution procedures tailored to fit the variety of disputes that parties bring to the justice system. Professor Sander’s vision of the justice system encompassed traditional litigation leading to trial, but his speech at the 1976 Roscoe Pound Conference drew attention to alternatives to traditional dispute resolution that he argued would better serve disputants and society than traditional adversarial processes.
Today, interest in dispute resolution is high. This interest cuts across many domains, ranging from the family, to the schoolyard, …
Pleading, For The Future: Conversations After Iqbal, Lee H. Rosenthal
Pleading, For The Future: Conversations After Iqbal, Lee H. Rosenthal
Dickinson Law Review (2017-Present)
No abstract provided.
The Impact Of Global Developments On U.S. Legal Ethics During The Past Thirty Years, Laurel S. Terry
The Impact Of Global Developments On U.S. Legal Ethics During The Past Thirty Years, Laurel S. Terry
Faculty Scholarly Works
This Essay is written to commemorate the thirtieth anniversary of the Georgetown Journal of Legal Ethics. After exploring what the world of legal ethics looked like thirty years ago, this Essay analyzes how global developments have affected U.S. lawyer regulation and legal ethics dialogue since that time. It does so in several different ways. It begins by analyzing the growth pattern of articles publised in the Georgetown Journal of Legal Ethics that have addressed or been influenced by global developments. The Essay continues by identifying global societal developments, global legal developments, and global dialogue that have contributed to the …
Supporting First Generation Professionals, Alison F. Lintal
Supporting First Generation Professionals, Alison F. Lintal
Faculty Scholarly Works
As the number of first-generation college and graduate school students continues to rise, law schools have a responsibility to provide programming and support for first generation professionals. Academic, financial and psycho-social barriers play a role in the success of a first-generation student’s law school and subsequent legal career experience. By first identifying common barriers to success in the legal profession, schools can move to developing strategies to address these barriers. Depending upon the type of law school and its culture, there are multiple ways that schools can provide such services and tools to its students including through targeted professional development …
Transnational Legal Practice, Laurel Terry
Transnational Legal Practice, Laurel Terry
Faculty Scholarly Works
This Transnational Legal Practice (TLP) Year-in-Review article continues the tradition of collecting and publicizing the developments that occurred during the past year. It focuses on developments that occurred during 2016.
The 2014 TLP Year-in-Review provided a departure from the Year-in-Review’s typical method of presentation by identifying two categories of what that article called “TLP-Nets.” See Laurel S. Terry and Carole Silver, Transnational Legal Practice [2014], 49 ABA/SIL (n.s.) 413 (2015). One group of TLP-Nets is nationally based and the other is inherently transnational.
This article uses the TLP-Nets structure set forth in the 2014 TLP Year-in-Review article by dividing its …
Rock, Paper Scissors…Loot!, Michael A. Mogill
Rock, Paper Scissors…Loot!, Michael A. Mogill
Faculty Scholarly Works
No abstract provided.