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Articles 31 - 38 of 38
Full-Text Articles in Law
A Day In The Life Of S. Breckinridge Tushingham, Erik M. Jensen
A Day In The Life Of S. Breckinridge Tushingham, Erik M. Jensen
Faculty Publications
This series of three articles (that's why it's a trilogy, duh-h-h) chronicles the legal-academic career of one S. Breckinridge Tushingham ("Breck" for short). As the trilogy unfolds, Breck works his way up (or maybe it's down) from his first academic position to an established professorship to dean of the South Soybean (Soso) State University law school. In the process of recording his professional history, and thus memorializing it for the ages, Breck provides (probably defamatory) insights into the American legal academy.
Note, The Standard Of Proof Of Causation In Legal Malpractice Cases, Erik M. Jensen
Note, The Standard Of Proof Of Causation In Legal Malpractice Cases, Erik M. Jensen
Faculty Publications
This note argues that the use of a but for standard of causation in legal malpractice cases - i.e., that the plaintiff must show that but for the malpractice he or she would have prevailed in the underlying action - is too stringent, making recovery unreasonably difficult. The note therefore argues for implementation of a lost substantial possibility of recovery standard. This is just a student note, and an old one at that, but a lot of courts and commentators have cited it. In any event, modesty and self-restraint seem to play little role when authors are deciding what to …
In Memoriam — Howard B. Eisenberg, Craig Allen Nard
In Memoriam — Howard B. Eisenberg, Craig Allen Nard
Faculty Publications
This is a tribute to Howard B. Eisenberg.
Comment: Multi-Disciplinary Practice And Conflict Of Interest, Kevin C. Mcmunigal
Comment: Multi-Disciplinary Practice And Conflict Of Interest, Kevin C. Mcmunigal
Faculty Publications
My comments as part of this panel focus on the attitude of proponents of multi-disciplinary practice toward conflict of interest. Before turning to that topic, I would like to offer a general observation about the debate on multi-disciplinary practice as well as a suggestion for improving the quality of that debate.
Responding To The Value Imperative: Learning To Create Value In The Resolution Of Disputes, Kenneth Margolis
Responding To The Value Imperative: Learning To Create Value In The Resolution Of Disputes, Kenneth Margolis
Faculty Publications
This article discusses another topic for clinical teachers to consider adding to their teaching agendas. In this paper, I identify the "value imperative" implicit in the attorney-client relationship and suggest that a perception by the client of high value in the relationship is necessary for its success. Briefly, I describe value in legal services as the client's perception of the ratio of benefits received from legal representation to the sacrifices necessary to obtain those benefits. The more the ratio favors benefits over sacrifices, the greater the value perceived by the client. I present a model describing value in legal services …
Tax Notes By Any Other Name Would Smell Sweeter, Erik M. Jensen
Tax Notes By Any Other Name Would Smell Sweeter, Erik M. Jensen
Faculty Publications
Those of us with academic careers at stake must take the bull by the horns, damn the torpedoes, and gather no moss. Let's get the Tax Notes name changed.
The Costs Of Settlement: The Impact Of Scarcity Of Adjudication On Litigating Lawyers, Kevin C. Mcmunigal
The Costs Of Settlement: The Impact Of Scarcity Of Adjudication On Litigating Lawyers, Kevin C. Mcmunigal
Faculty Publications
This Article, by comparison, focuses on the implications of lack of trial experience for litigating lawyers. Does lack of trial experience affect the way lawyers function in litigation? Does it influence their performance as advocates? As negotiators settling cases? Does it affect adherence to existing ethical standards such as those regarding competence and conflict of interest? Can one expect lawyers to understand, respect, and adhere to the values of an ethical and legal system premised, as ours is, upon a process of adjudication lawyers seldom, if ever, experience? Do the answers to these questions yield any insight for guiding reform …
Lindsey Cowen, Leon Gabinet