Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication Type
Articles 1 - 6 of 6
Full-Text Articles in Law
A Judge's View On Justice, Bureaucracy, And Legal Method, Harry T. Edwards
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
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 …
Sec Disciplinary Proceedings Against Attorneys Under Rule 2 ( E ), Michigan Law Review
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
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
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