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Full-Text Articles in Law

Section 2: Supreme Court Advocacy, Institute Of Bill Of Rights Law At The William & Mary Law School Sep 2002

Section 2: Supreme Court Advocacy, Institute Of Bill Of Rights Law At The William & Mary Law School

Supreme Court Preview

No abstract provided.


Lying And Lawyering: Contrasting American And Jewish Law, Steven Resnicoff Mar 2002

Lying And Lawyering: Contrasting American And Jewish Law, Steven Resnicoff

College of Law Faculty

Can desirable ends justify what would otherwise be undesirable means? The answers to this question depends on a variety of factors, including the ends to be accomplished, the means to be employed, the person who would use them, and the parties against whom they would be directed. This article begins by discussing American rules regarding lying by lawyers. The article argues that those rules place insufficient importance on the protection of innocents, have a corrosive effect on the moral values of lawyers who obey them and alienate lawyers who disobey them. The article then examines the Jewish law approach which ...


Res Ipsa Loquitur Jan 2002

Res Ipsa Loquitur

Yearbooks & Class Year Publications

Yearbook of the Class of 2002.


What's Special About Meditation? Contemplative Practice For American Lawyers, William S. Blatt Jan 2002

What's Special About Meditation? Contemplative Practice For American Lawyers, William S. Blatt

Articles

No abstract provided.


"We're All Consultants Now": How Change In Client Organizational Strategies Influences Change In The Organization Of Corporate Legal Services, Robert Eli Rosen Jan 2002

"We're All Consultants Now": How Change In Client Organizational Strategies Influences Change In The Organization Of Corporate Legal Services, Robert Eli Rosen

Articles

No abstract provided.


Can Saints Negotiate? A Brief Introduction To The Problems Of Perfect Ethics In Bargaining, Scott R. Peppet Jan 2002

Can Saints Negotiate? A Brief Introduction To The Problems Of Perfect Ethics In Bargaining, Scott R. Peppet

Articles

No abstract provided.


Book Review Of Harold Hyman's Craftsmanship And Character: A History Of The Vinson And Elkins Law Firm Of Houston, 1917-1997, William P. Lapiana Jan 2002

Book Review Of Harold Hyman's Craftsmanship And Character: A History Of The Vinson And Elkins Law Firm Of Houston, 1917-1997, William P. Lapiana

Other Publications

No abstract provided.


Administrative Adjudication In Kentucky: Ethics And Unauthorized Practice Considerations, Richard H. Underwood Jan 2002

Administrative Adjudication In Kentucky: Ethics And Unauthorized Practice Considerations, Richard H. Underwood

Law Faculty Scholarly Articles

This article is an extended version of a presentation I made at a training course for hearing officers sponsored by the Office of the Attorney General, Division of Administrative Hearings. In my original presentation, I was asked to focus on the ethics of the administrative adjudicator. I was asked to answer some specific questions, which I will include here for the reader's benefit. In this more complete treatment, I would also like to discuss the ethics of lawyers and other representatives appearing before administrative agencies.

The Kentucky Courts had begun to "judicialize" the administrative hearing process in the early ...


Hines & Porter - Bowling Green, Kentucky (Sc 1334), Manuscripts & Folklife Archives Jan 2002

Hines & Porter - Bowling Green, Kentucky (Sc 1334), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 1334. Lawyers' combined collection record book and docket book kept by the law firm of Hines and Porter, Bowling Green, Kentucky.


The Intractable Problem Of Bankruptcy Ethics: Square Peg, Round Hole, Nancy B. Rapoport Jan 2002

The Intractable Problem Of Bankruptcy Ethics: Square Peg, Round Hole, Nancy B. Rapoport

Scholarly Works

This article continues my earlier research on conflicts of interest in bankruptcy cases, particularly in chapter 11 cases. It suggests that conflicts in interest in chapter 11 bankruptcy cases should not be handled the same way that conflicts are handled under state ethics rules, and it proposes a new section of the Bankruptcy Code to cover conflicts of interest in cases filed under chapter 11.


Is "Thinking Like A Lawyer" Really What We Want To Teach?, Nancy B. Rapoport Jan 2002

Is "Thinking Like A Lawyer" Really What We Want To Teach?, Nancy B. Rapoport

Scholarly Works

This article argues that the phrase thinking like a lawyer assumes that other professions don't have their own ways of approaching problems and that law schools only need to teach how lawyers think, rather than how lawyers do what they do. It suggests that law schools should do much more than just teach law students how to think.


When Lawyers Advise Presidents In Wartime: Kosovo And The Law Of Armed Conflict, James E. Baker Jan 2002

When Lawyers Advise Presidents In Wartime: Kosovo And The Law Of Armed Conflict, James E. Baker

Georgetown Law Faculty Publications and Other Works

The events of September 11 changed how we perceive national security as a society, a government, and as individuals. This is as true of national security specialists, who have been aware that America has been at war with terrorism sine at least the 1990s, as it is for those whose sense of geographic security was shattered in New York and Washington. There is talk of “new war” and “new rules,” and concern that we not apply twentieth-century lessons to a twenty-first-century war.

Over time, September 11 and its aftermath will test our interpretation and application of domestic law. It may ...


Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow Jan 2002

Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

In these comments I suggest that in our current world, both international and domestic, practicing "in the interests of justice" includes-indeed, should give great priority to-the "peace-seeking" and "problem solving" aspects of lawyering. I continue to see this as counter-cultural to the more common practices of lawyers who are argumentative, persuasive and articulate debaters, who believe fervently and vigorously that seeking justice, on behalf of a client or cause, means advocating for and "winning" a legal claim. To the contrary, seeking peace for parties (and, indeed, nation-states) in conflict, searching for consensus solutions to seemingly intractable public policy and legal ...


How Theology Might Learn From Law (Symposium: The Theology Of The Practice Of Law), James Boyd White Jan 2002

How Theology Might Learn From Law (Symposium: The Theology Of The Practice Of Law), James Boyd White

Articles

I want to start today with an account of the way lawyers think and speak, and then ask whether it might be useful for the theologically minded to take these practices and procedures seriously as a ground of comparison from which to look at their own. In doing this I shall look at the practice of law with an emphasis not on its social effects or ethical difficulties but on the nature of the activity itself, viewed from the inside, asking in particular what kind of knowledge it requires and creates in its practitioner. What does the lawyer learn from ...


Is There An Implicit Theology In The Practice Of Ordinary Law?, Joseph Vining Jan 2002

Is There An Implicit Theology In The Practice Of Ordinary Law?, Joseph Vining

Articles

We should have a text to help us-lawyers and theologians almost always do. Consider this from Wordsworth, and ask whether it goes too far if Wordsworth were thought to be speaking to the practicing lawyer: Here you stand, Adore, and worship, when you know it not; Pious beyond the intention of your thought; Devout above the meaning of your will. -Yes, you have felt, and may not cease to feel. The estate of Man would be indeed forlorn If false conclusions of the reasoning Power Made the Eye blind, and closed the passages Through which the Ear converses with the ...


Justice Frank Murphy And American Labor Law, Theodore J. St. Antoine Jan 2002

Justice Frank Murphy And American Labor Law, Theodore J. St. Antoine

Articles

Working people and disfavored groups were central concerns of Frank Murphy, the last Michigan Law School graduate to sit on the United States Supreme Court. In the pages of this Review, just over a half century ago, Archibald Cox wrote of him: "It was natural ...th at his judicial work should be most significant in these two fields [labor law and civil rights] and especially in the areas where they coalesce."' In this Essay, after a brief overview of Murphy the man, his days at the University of Michigan, and his career prior to the Court appointment, I shall review ...