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Full-Text Articles in Law

Mindfulness & Professional Responsibility -- A Guidebook For Incorporating Mindfulness Into The Law School Curriculum, Jan Jacobowitz, Scott Rogers Jul 2012

Mindfulness & Professional Responsibility -- A Guidebook For Incorporating Mindfulness Into The Law School Curriculum, Jan Jacobowitz, Scott Rogers

Jan L Jacobowitz

In Mindfulness & Professional Responsibility—A Guidebook for Integrating Mindfulness into the Law School Curriculum, Scott Rogers and Jan Jacobowitz share with readers their methodology for weaving together mindfulness and professional responsibility in the classroom. Readers are offered a glimpse into their popular University of Miami School of Law course, Mindful Ethics: Professional Responsibility for Lawyers in the Digital Age, and its creative curriculum that draws upon the application of traditional professional responsibility issues in the context of social media. Intended to introduce teachers to mindfulness practices and offer a method of integrating it into their classrooms, the book’s largest section …


Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin Jul 2012

Litigating Ethics Issues In Land Use: 2000 Trends And Decisions, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin Jul 2012

Municipal Ethics Remain A Hot Topic In Litigation: A 1999 Survey Of Issues In Ethics For Municipal Lawyers, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


Defending Junk-Debt-Buyer Lawsuits, Peter A. Holland Jun 2012

Defending Junk-Debt-Buyer Lawsuits, Peter A. Holland

Peter A. Holland

Junk debt buyer lawsuits have overwhelmed the courts all across the United States. These lawsuits wreak havoc on consumers and their families. Often overlooked is the fact that judgments against consumers which are based on junk debt are part of a zero sum game, where every bogus judgment deprives a legitimate creditor of the chance to get paid from scarce resources. Thus, the legitimate creditor to whom money is owed is materially harmed by the junk debt buyer who extracts money based on an illegitimate claim, or who causes someone to declare bankruptcy. Providing representation to this otherwise unrepresented population …


What Is A Lawyer? A Reconstruction Of The Lawyer As An Officer Of The Court, Deborah Hussey Freeland Dec 2011

What Is A Lawyer? A Reconstruction Of The Lawyer As An Officer Of The Court, Deborah Hussey Freeland

Deborah M. Hussey Freeland

This paper engages with the central question in legal ethics concerning the lawyer's role, analyzing this fundamental question in terms of professional identity. Literature in this debate frames the lawyer either as a professional who exists entirely to serve her client (the "standard conception"), or as a professional whose primary duties are to the legal system. I reposit and examine the lawyer's professional identity as an officer of the court--an identity marginalized by those who favor the standard conception--noting that the phrase was coined to draw attention to a supplanting threat to legal professionalism. Providing a uniquely detailed examination of …


End The Experiment: The Attorney-Client Privilege Should Not Protect Communications In The Allied Lawyer Setting, Grace M. Giesel Dec 2011

End The Experiment: The Attorney-Client Privilege Should Not Protect Communications In The Allied Lawyer Setting, Grace M. Giesel

Grace M. Giesel

In recent years, courts have seen an explosion of claims that communications need not be disclosed because they enjoy the protection of something often referred to as the “common interest doctrine.” These claims—claims of attorney–client privilege—occur in two situations: the joint client setting and the allied lawyer setting. In a joint client situation, an attorney represents two or more clients on a matter with all parties working together on the joint endeavor. In an allied lawyer situation, several entities or individuals work together on a matter of common
interest but the parties have separate lawyers.
This Article argues, uncontroversially, that …


Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel S. Terry, Steve Mark, Tahlia Gordon Dec 2011

Trends And Challenges In Lawyer Regulation: The Impact Of Globalization And Technology, Laurel S. Terry, Steve Mark, Tahlia Gordon

Laurel S. Terry

Globalization and technology have changed the practice of law in dramatic ways.  This is true not only in the United States, but around the world. In this article, author Laurel Terry, along with Australian regulators Steve Mark and Tahlia Gordon, documented some of these global trends in lawyer regulation.  Their article concluded that regulators face issues in common regarding “who” is regulated, “what” or whom is regulated, “when” regulation occurs, “where” regulation occurs, “how” it occurs, and “why” regulation occurs. 
 
This article uses this who-what-when-where-why-and-how framework to discuss events around the world.  These developments include the 2007 UK Legal …