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Articles 1 - 23 of 23
Full-Text Articles in Law
Taking The Lawyer's Craft Into Virtual Space: Computer-Mediated Interviewing, Counseling, And Negotiating, Robert M. Bastress, Joseph D. Harbaugh
Taking The Lawyer's Craft Into Virtual Space: Computer-Mediated Interviewing, Counseling, And Negotiating, Robert M. Bastress, Joseph D. Harbaugh
Law Faculty Scholarship
Bellow's and Moulton's The Lawyering Process emphasized the need for law students and lawyers to draw on other disciplines for effective skills development, to make self-analysis of their professional skills and principles a career-long practice, and to remain ever vigilant of emerging ethical issues. This article attempts to honor those lessons by applying them to lawyers' use of computer mediated communication (CMC) in interacting with clients and in negotiating for clients. The article examines the social science research on CMC, applies that research to the lawyer's context, and makes some tentative assessments about the skills involved in lawyers' use of …
Conference Summary: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, Steve Bailey
Conference Summary: Water, Climate And Uncertainty: Implications For Western Water Law, Policy, And Management, Steve Bailey
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
7 pages.
"Steve Bailey, National Center for Atmospheric Research"
Maps Of The Klamath Basin And Key Water-Related Events In The Upper Klamath Basin, University Of Colorado Boulder. Natural Resources Law Center
Maps Of The Klamath Basin And Key Water-Related Events In The Upper Klamath Basin, University Of Colorado Boulder. Natural Resources Law Center
Water Negotiation Workshop (June 4-5)
5 pages.
Contents:
Maps of Klamath Basin -- Key water-related events in the Upper Klamath Basin
Excerpted from: Ron Hathaway & Teresa Welch, Water Allocation in the Klamath Reclamation Project, 2001: An Assessment of Natural Resource, Economic, Social, and Institutional Issues with a Focus on the Upper Klamath Basin 31-34, 43 (Oregon State University, University of California, reprinted May 2003). Full report available in Klamath Waters Digital Library at http://digitallib.oit.edu/cdm/ref/collection/kwl/id/9442.
What Else Can You Do With A Law Degree?, Gary A. Munneke
What Else Can You Do With A Law Degree?, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
Excerpt from Nonlegal Careers for Lawyers, the latest book in the ABA Career Series.
Speech On Early Women Lawyers, Arthur R. Landever
Speech On Early Women Lawyers, Arthur R. Landever
Law Faculty Presentations and Testimony
This lecture discusses many early women lawyers and their accomplishments.
Gender Bias: Continuing Challenges And Opportunities, Rebecca Korzec
Gender Bias: Continuing Challenges And Opportunities, Rebecca Korzec
All Faculty Scholarship
In 1873 the U.S. Supreme Court denied Myra Bradwell the right to practice law, holding "the paramount destiny and mission of women are to fulfill the noble and benign office of wife and mother." Now, just slightly more a century later, two women sit on the Supreme Court, and almost half of all law students and law school faculty are women.
Remembering Andrew I. Batavia, Michael Ashley Stein
Remembering Andrew I. Batavia, Michael Ashley Stein
Faculty Publications
No abstract provided.
Popular Culture As A Lens On Legal Professionalism, Hillary B. Farber, Alexander Scherr
Popular Culture As A Lens On Legal Professionalism, Hillary B. Farber, Alexander Scherr
Faculty Publications
This Article argues that the cultural images of lawyering provide opportunities for teaching professionalism that go well beyond the teaching of ethical rules using hypothetical facts. We contend that use of different media allows teachers to chart the broad middle ground between disciplinary minima and aspirational maxima - the map of realistic professional practice. This ground includes both rule- and conduct-based ideas of professionalism: careful role definition; responsible practice management; appropriate balance between public and private commitments; and concerns over manners, dress, and work ethic. The middle ground also includes less traditional content, discussion of which brings students to appreciate …
Wrongful Convictions And The Accuracy Of The Criminal Justice System, H. Patrick Furman
Wrongful Convictions And The Accuracy Of The Criminal Justice System, H. Patrick Furman
Publications
No abstract provided.
Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno
Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno
Faculty Publications
No abstract provided.
Enron, Titanic, And The Perfect Storm, Nancy B. Rapoport
Enron, Titanic, And The Perfect Storm, Nancy B. Rapoport
Scholarly Works
This article explores the contention of Jeffrey Skilling, former Enron CEO, that Enron's debacle was due to a perfect storm of events. It rejects his contention, arguing instead that Enron's downfall was more like Titanic's - hubris and an over-reliance on checks and balances led to Enron's downfall. The article then explores how character (especially of those at the top of an organization) can lead to Enron-like disasters, and discusses how cognitive dissonance can lead to very smart people making very stupid decisions. It ends with some musings about how lawyers can learn from Enron.
The George A. Leet Business Law Symposium: The Role Of Lawyers In Strategic Alliances - Introduction, George W. Dent
The George A. Leet Business Law Symposium: The Role Of Lawyers In Strategic Alliances - Introduction, George W. Dent
Faculty Publications
Introducation to The George A. Leet Business Law Symposium: The Role of Lawyers in Strategic Alliances, Cleveland, Ohio.
A Short History Of Poverty Lawyers In The United States, Deborah J. Cantrell
A Short History Of Poverty Lawyers In The United States, Deborah J. Cantrell
Publications
No abstract provided.
An Overview Of The Sarbanes-Oxley Act And Its Implications For Attorneys, Jeffrey W. Stempel
An Overview Of The Sarbanes-Oxley Act And Its Implications For Attorneys, Jeffrey W. Stempel
Scholarly Works
On July 30, 2002, President Bush signed the Sarbanes-Oxley Act of 2002, H.R. 3763, well-publicized in the press as a legislative response to the perceived excesses of corporate America: Enron; WorldCom; Tyco; Global Crossing, etc.
The Sarbanes-Oxley Act of 2002 contains an array of provisions affecting lawyers as professionals serving businesses and contains one provision that will clearly impact corporate counsel in the ethical discharge of their duties. Section 307 of the Act and the recently released Proposed Roles of the Securities Exchange Commission regarding lawyer duties and implementation of Section 307 require counsel to go "up the ladder," to …
Retrying Race, Anthony V. Alfieri
Learning To Trust: Thoughts From A Law Clinic, David A. Santacroce
Learning To Trust: Thoughts From A Law Clinic, David A. Santacroce
Articles
The State Bar Legal Education Committee is now the Legal Education and Professional Standards Committee. This marriage seems an apt occasion to raise, through the prism of students, the issue of trust in client relations, though not in the traditional sense of "getting the client to trust me." Rather, the more ignored "getting me to trust the client" is the focus.
Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth
Some Steps Between Attitudes And Verdicts, Phoebe C. Ellsworth
Book Chapters
Most research that has attempted to predict verdict preferences on the basis of stable juror characteristics, such as attitudes and personality traits, has found that individual differences among jurors are not very useful predictors, accounting for only a small proportion of the variance in verdict choices. Some commentators have therefore concluded that verdicts are overwhelmingly accounted for by "the weight of the evidence," and that differences among jurors have negligible effects. But there is a paradox here: In most cases the weight of the evidence is insufficient to produce firstballot unanimity in the jury (Hans & Vidmar, 1986; Hastie, Penrod, …
Who Should Regulate Class Action Lawyers?, Nancy J. Moore
Who Should Regulate Class Action Lawyers?, Nancy J. Moore
Faculty Scholarship
Ethical issues arise frequently in class action litigation. These issues include conflicts of interest, solicitation, application of the no-contact rule, the reasonableness of attorneys' fees, and the attorney-witness rule. There has been considerable difficulty applying existing rules of conduct to these situations, partly because of confusion regarding the relationship among class counsel, the named class representatives and absent members of the class. Thus as to conflicts of interest - perhaps the most pressing problem facing class action lawyers - it has been said that a "strict reading of the conflict of interest rules in class actions should be tempered, because …
What I Think That I Have Learned About Legal Ethics, Richard H. Underwood
What I Think That I Have Learned About Legal Ethics, Richard H. Underwood
Law Faculty Scholarly Articles
In this short piece I want to say a few things that other academics teaching legal ethics may find disturbing. I say this because I believe that I may be swimming against the current academic fashion. Of course, it is possible that I do not have a very good handle on the current academic fashion. I hope I am not setting up a straw person to knock down, but I may be. If I am, I am sure someone will call me to task. What I am going to say is this: contrary to popular belief (among practitioners, at least) …
David E. Feller: The Happy Warrior, Theodore J. St. Antoine
David E. Feller: The Happy Warrior, Theodore J. St. Antoine
Articles
Dave Feller and I first became acquainted when we were both union lawyers in Washington, D.C. Dave was the ultimate happy warrior. He went joyous into combat, and years later he could recount, joyously, objectively, and without rancor toward old foes, the exact details of the many triumphs and the few defeats. A favorite story came from his Supreme Court clerkship. Dave was already seven years out of Harvard Law School, with experience in university teaching, Army intelligence, and the Justice Department, and he didn't hesitate to tell Chief Justice Vinson he should vote for certiorari in a case close …
An American Tale, Geoffrey J. Bennett
An American Tale, Geoffrey J. Bennett
Journal Articles
How much influence should the legal profession in England and Wales have over law degree courses? Geoffrey Bennett says to consider the U.S. experience before ditching the idea.
Reconsidering Legalism, Robin West
Reconsidering Legalism, Robin West
Georgetown Law Faculty Publications and Other Works
This essay is in the spirit of a friendly amendment. I have found Shklar's central arguments to be more compelling every time I have reread this book over the last twenty years. Nevertheless, I want to argue in this essay that in spite of Legalism's strengths, Shklar's core anthropological claim about the profession - more often asserted, rather than argued, throughout the book - that legalism, the attitudinal glue that binds lawyers professionally, consists of a commitment to the morality of rule abidance - is flawed, not because it is wrong, but because it is underinclusive. While legalism consists of …