Law Commons^™

A Tribute To Paul Szasz, John J. Barceló Iii, David Wippman

Cornell Law Faculty Publications

No abstract provided.

Lawyer Conduct In The "Tobacco Wars", Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Toward A History Of The Legalization Of American Legal Ethics -- Ii The Modern Era, Charles W. Wolfram

Cornell Law Faculty Publications

Megafirms, Randall S. Thomas, Stewart J. Schwab, Robert G. Hansen

Cornell Law Faculty Publications

This Article documents and explains the amazing growth of the largest firms in law, accounting, and investment banking. Scholars to date have used various supply-side theories to explain this growth, and have generally examined only one industry at a time. This Article emphasizes a demand-side explanation of firm growth and shows how the explanation is similar for firms in all "project" industries. Legal regulation also plays an important role in determining industry structure. Among the areas covered in this Article are the growth of Multidisciplinary Practice firms (MDPs). MDP growth can best be understood by looking more broadly at the …

Nonlegal Regulation Of The Legal Profession: Social Norms In Professional Communities, W. Bradley Wendel

Cornell Law Faculty Publications

What should be done about lawyers who persist in violating ethical norms that are not embodied in positive disciplinary rules? That question has been a recurrent theme in recent legal ethics scholarship. One response has been to propose, experiment, amend, tinker, draft, comment, and redraft, in an attempt to codify the standard of conduct observed to be flouted widely by the practicing bar. Bar associations and courts are seemingly engaged in a never-ending process of promulgating new codes of professional conduct or rules of procedure under which lawyers may be sanctioned for such conduct as bringing frivolous lawsuits, abusing the …

Lawyer Crimes: Beyond The Law?, Charles W. Wolfram

Cornell Law Faculty Publications

The Duty Of Confidentiality, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Morality, Motivation, And The Professionalism Movement, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Toward A History Of The Legalization Of American Legal Ethics -- I. Origins, Charles W. Wolfram

Cornell Law Faculty Publications

The Ideology Of Judging And The First Amendment In Judicial Election Campaigns, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

The Aba And Mdps: Context, History, And Process, Charles W. Wolfram

Cornell Law Faculty Publications

Inbreeding In Law School Hiring: Assessing The Performance Of Faculty Hired From Within, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

This study compares the scholarly impact of inbred entry-level law school faculty members with the scholarly impact of noninbred entry-level law school faculty members. The sample includes 32 law schools and approximately 700 entry-level faculty members. By our measure of performance, scholarly impact as measured by citation frequency, inbred entry-level law school faculty members do not perform as well as noninbred entry-level faculty members.

Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Closing One Gap But Opening Another?: A Response To Dean Perritt And Comments On The Internet, Law Schools, And Legal Education, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

Professional Secrecy And Its Exceptions: Spaulding V. Zimmerman Revisited, Roger C. Cramton, Lori P. Knowles

Cornell Law Faculty Publications

No abstract provided.

Ranking And Explaining The Scholarly Impact Of Law Schools, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

This article measures 32 law schools' academic reputations by citations to their faculties' works. Yale, Chicago, Harvard, and Stanford rank alone at the top. Seven or eight schools compose the next group. We also explore the relation between scholarly impact and entry-level or lateral hire status, gender, minority status, subjects taught, and years in teaching. Lateral hires systematically outperform entry-level hires. We find no substantial evidence of male-female differences. We find some evidence of lower citations for minority females, but this difference is largely attributable to those in teaching fewer than 8 years. For faculty members in teaching more than …

Bismarck's Sausages And The Ali's Resatements, Charles W. Wolfram

Cornell Law Faculty Publications

The Boiling Pot Of Lawyer Conflicts In Bankruptcy, Charles W. Wolfram

Cornell Law Faculty Publications

I take up here only two modest pieces of the current puzzle of lawyer conflicts of interest in bankruptcy practice. One involves the decision of the American Law Institute (hereinafter "ALI") to sidestep the entire field in the course of drafting its Restatement of the Law Governing Lawyers (hereinafter "Restatement"). The other involves the decision of the National Bankruptcy Review Commission (hereinafter "NBRC") to refuse to recommend that Congress do anything at all major to disturb existing law in the same realm. Either the law of lawyer conflicts in bankruptcy has been blessed in its present state by two prestigious …

Inherent Powers In The Crucible Of Lawyer Self-Protection: Reflections On The Llp Campaign, Charles W. Wolfram

Cornell Law Faculty Publications

Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Former-Client Conflicts, Charles W. Wolfram

Cornell Law Faculty Publications

Rule, Story, And Commitment In The Teaching Of Legal Ethics, Roger C. Cramton, Susan P. Koniak

Cornell Law Faculty Publications

No abstract provided.

Lights, Camera, Litigate: Lawyers And The Media In Canada And The United States, Charles W. Wolfram

Cornell Law Faculty Publications

Drawing on recent high profile cases in Canada and the United States, the author examines the different extent to which lawyers in those two countries comment to the media about ongoing litigation. He investigates various formal constraints upon lawyer comment, such as court-imposed publication bans and rules of professional responsibility. He also looks at the way in which lawyer behavior is attributable to non-formal, cultural determinants.

Rediscovering Discovery Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

The Vaporous And The Real In Former-Client Conflicts, Charles W. Wolfram

Cornell Law Faculty Publications

Sneaking Around In The Legal Profession: Interjurisdictional Unauthorized Practice By Transactional Lawyers, Charles W. Wolfram

Cornell Law Faculty Publications

The quiet clubbiness that once characterized the practice of law in the United States is rapidly disappearing as new realities announce their clamorous arrival. Evaporating at a great rate—judging speed of change in historical terms—are many traditionally accepted and functionally important features of the legal profession of another day. Disappearing or dead are such sturdy former fixtures as the exclusivity of traditional bar self-policing. Also gone is the at-one-time widely acknowledged hegemony of the American Bar Association as the exclusive source of lawyer code pronouncements on lawyer disciplinary regulation. Courts, under the thrall of bar associations, at one time claimed …

Prospecting The Internet, Peter W. Martin

Cornell Law Faculty Publications

Potential clients, legal information and expert forums are waiting for lawyers on the 'Net. An innovator in online legal services explains why you need to be there.

Remembering Banks, Robert B. Kent

Cornell Law Faculty Publications

No abstract provided.

Proposed Legislation Concerning A Lawyer’S Duty Of Confidentiality, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Representing In-Between: Law, Anthropology, And The Rhetoric Of Interdisciplinarity, Annelise Riles

Cornell Law Faculty Publications

This article considers how lawyers and nonlawyers discuss the contribution of interdisciplinary scholarship to the law as a means of rethinking the relationship between these differences. The article first examines the arguments of the nineteenth-century lawyer Henry Maine and of the twentieth-century anthropologist Edmund Leach on the subject, and notes the difference between Maine's emphasis on "movement" from one theoretical discovery to another and Leach's emphasis on creating relationships between disciplines by exploiting a "space in between" the two. Then, turning to contemporary scholarship in legal anthropology, "Law and Society," and the sociology of law, the article critiques the rigid …