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Full-Text Articles in Law

A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards Dec 1981

A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards

Michigan Law Review

At the recent Inaugural Lecture of the University of Windsor's Distinguished Scholars Program on Access to Justice, my former law teaching colleague, Professor Joseph Vining, delivered a speech entitled Justice, Bureaucracy, and Legal Method. Because, in my view, Professor Vining's address raised some disturbing questions, and some seriously misguided suggestions, about the growth of bureaucracy in the courts and the delivery of justice, I believe that a response is appropriate.


Justice, Bureaucracy, And Legal Method, Jospeh Vining Dec 1981

Justice, Bureaucracy, And Legal Method, Jospeh Vining

Articles

In the real world justice denied is not justice. Talking from the beginning about access to justice, rather than simply justice, emphasizes in a salutary way this commonplace of citizen and client. Justice that is inaccessible, delayed, refused does not just sit there glowing like a grail, which those separated from it may contemplate and yearn for. It is only in imagining that justice is available to someone, and in imagining what it would be like to be that someone, that one can see the thing as justice at all. To put it in economic terms, justice is not a …


All My Friends Are Becoming Strangers: The Psychological Perspective In Legal Education, James R. Elkins Oct 1981

All My Friends Are Becoming Strangers: The Psychological Perspective In Legal Education, James R. Elkins

West Virginia Law Review

No abstract provided.


Sec Disciplinary Proceedings Against Attorneys Under Rule 2 ( E ), Michigan Law Review May 1981

Sec Disciplinary Proceedings Against Attorneys Under Rule 2 ( E ), Michigan Law Review

Michigan Law Review

This Note reassesses SEC authority to discipline attorneys under rule 2( e ). Part I explores the history of rule 2( e) proceedings against attorneys and the troublesome policy issues raised by the SEC's new approach to rule 2(e) enforcement. Part II examines the SEC's claim that general rulemaking provisions give it authority to discipline attorneys. The Note concludes that a proper construction of statutes and case law bars rule 2( e) proceedings against attorneys.


Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review Apr 1981

Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review

Michigan Law Review

Part I of the Note discusses canon 4, first explaining the presumptions and policies that underlie it, then arguing that courts should enforce prospective waivers of the presumption of shared confidences when conditioned on the law firm's effective screening of client confidences - keeping them from the attorneys within the firm who will take part in the adverse representation. Part II turns to canon 5, and argues that prospective waivers of the presumption of diluted loyalties should be enforced against clients moving to disqualify law firms for a canon 5 violation.


Lawyers And The Pursuit Of Legal Rights, Michigan Law Review Mar 1981

Lawyers And The Pursuit Of Legal Rights, Michigan Law Review

Michigan Law Review

A Review of Lawyers and the Pursuit of Legal Rights by Joel F. Handler, Ellen Jane Hollingsworth and Howard S. Erlanger


The Codicil Jan 1981

The Codicil

Yearbooks & Class Year Publications

Yearbook of the Class of 1981.


Singing Those Law Office Blues, Gary A. Munneke Jan 1981

Singing Those Law Office Blues, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

There were 2,750 young lawyers, 1.8 percent of all young attorneys in the ABA, who responded to the Career Satisfaction Survey. The preliminary survey involved in-depth interviews with 150 young lawyers. The final questionnaire was based upon these interviews. The responses were many and varied, and it was difficult to find many answers "In common. Some respondents found it necessary to elaborate on their answers by writing comments in the columns of the survey. A few of these answers are included because they were both humorous and enlightening.


Training The American Aristocracy: An Historical Examination Of American Legal Education Models, Thomas J. Reed Jan 1981

Training The American Aristocracy: An Historical Examination Of American Legal Education Models, Thomas J. Reed

Thomas J Reed

No abstract provided.


0346: Depositions Of Survivors Of Buffalo Creek Flood, Dennis Prince Et Al., Marshall University Special Collections Jan 1981

0346: Depositions Of Survivors Of Buffalo Creek Flood, Dennis Prince Et Al., Marshall University Special Collections

Guides to Manuscript Collections

The collection consists of the depositions of the 552 survivors of the Buffalo Creek Flood in 1972, plaintiffs in the lawsuit against the Pittston Coal Company, filed in the U. S. District Court, Southern West Virginia, Huntington, West Virginia.


An Analysis Of The Employment Patterns Of Minority Law Graduates, Gary A. Munneke Jan 1981

An Analysis Of The Employment Patterns Of Minority Law Graduates, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This article will discuss the findings of the annual Employment Report of the National Association for Law Placement (NALP) as they relate to the employment patterns of black law school graduates. The NALP surveys provide a reliable and informative picture of legal employment in this country. The survey should prove useful in the development of in-depth instruments to measure career development among black attorneys. This article will present the background and methodology of the Employment Survey in order to aid in the interpretation of the data.


Choice Of Federal Or State Law For Attorneys' Professional Responsibility In Securities Matters, Ted J. Fiflis Jan 1981

Choice Of Federal Or State Law For Attorneys' Professional Responsibility In Securities Matters, Ted J. Fiflis

Publications

Professional standards of duty are implicated in the federal securities laws in two types of cases: those instituted by the SEC to impose sanctions for lack of character or unethical conduct and those brought by the SEC or private parties for violations of substantive provisions of the securities laws. The question faced by Professor Fiflis is whether state or federal standards should define the duties imposed under these laws. He argues that the proper method of resolving this question is to apply an interest analysis. Analyzing the various state and federal interests leads Professor Fiflis to the conclusion that federal …


Physicians And Lawyers: Science, Art, And Conflict, Robert L. Schwartz, Joan M. Gibson Jan 1981

Physicians And Lawyers: Science, Art, And Conflict, Robert L. Schwartz, Joan M. Gibson

Faculty Scholarship

The relations between physicians and lawyers have deteriorated rapidly over the past several decades, most particularly since the early 70s when the perception that a medical malpractice crisis existed in America became widespread. Some believe that the factors dividing the two professions . are linked (1) to professional jealousy, (2) to sometimes conflicting economic interests, or (3) to difficulties in communication, since both professions use many of the same words, or terms of art, but with different intended meanings. While the authors agree that these factors may have aggravated the problem, they believe that the conflict's real roots are in …