Law Commons^™

Law Firm Restructuring: The Big Picture, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

The term "restructuring" has become a buzzword for law firm efforts to improve the bottom line by altering the composition of the firm's personnel. In many instances, this is accomplished by "downsizing," a word more easily spoken than "firing." As opportunities for ownership interest in law firms evaporate, firms talk about "nonequity partners" and "rainmaking" skills. Such euphemisms are often used to sugarcoat the bitter medicine of economic reality. It may be useful to look more closely at the phenomenon of restructuring, although cynics might say lawyers should look at structuring first. In either case, taking a look at the …

Translated Documents And Hague Service Convention Requirements, Christopher Cheng

Michigan Journal of International Law

Part I of this Note discusses translation requirement permitted under the Hague Convention, the provisions of the Convention governing service abroad, and when translation requirements apply to service abroad. Part II addresses complications arising from U.S. courts' strict interpretation of the requirements and their failure to consult the laws of the addressee state. Part III suggests practical methods which courts and attorneys can implement to avoid these complications. In general, both U.S. courts and attorneys must defer to foreign legal standards when applying Article 5. Because courts sometimes fail to consult foreign law, they have read national translation requirements more …

Utility, Rights And Relativity: A Preliminary Look At Lawyers In Hard Cases, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

The following article was written several years ago; its objective (as the opening paragraphs suggest) was to set forth, in as simple a form as possible, the basic philosophical as well as ethical dilemmas and issues confronting lawyers. The audience initially targeted comprised practitioners. The manuscript has, however, stayed on the shelf, gathering dust. I can think of no clear reason for this. Perhaps it was because of the preachiness inherent within the purpose. Perhaps it was because it did not really add anything remarkably new to the literature on the subject - a great stumbling block to writers, despite …

Thoughts Evoked By "Accounting And The New Corporate Law", Ted J. Fiflis

Publications

No abstract provided.

Clerks In The Maze, Pierre Schlag

Publications

No abstract provided.

Volume 60

Tennessee Law Review

No abstract provided.

Lawyer Liability In Third Party Situations: The Meaning Of The Kaye Scholar Case, Geoffrey C. Hazard Jr.

All Faculty Scholarship

The Kaye Scholer I case has excited much attention and alarm within the legal profession. 2 It is interpreted as greatly expanding the scope of lawyer liability to third parties and heralding much greater regulatory intervention into the relationship between lawyer and client. In some respects this interpretation is accurate. The Kaye Scholer proceeding is at least a "wake up call" to the legal profession, signalling that lawyers should be much more attentive to their legal and ethical obligations in transactional and regulatory matters. However, there is also much misunderstanding about Kaye Scholer, particularly the supposition that it created novel …

The Scholar As Advocate, Rebecca S. Eisenberg

Articles

Academic freedom in this country has been so closely identified with faculty autonomy that the two terms are often used interchangeably, especially by faculty members who are resisting restraints on their freedom to do as they please. While there may be some dispute as to whether or how far academic freedom protects the autonomy of universities or of students, the autonomy of faculty members seems to lie close to the core of the traditional American conception of academic freedom. As elaborated by the American Association of University Professors, this conception of academic freedom calls for protecting individual faculty members from …

Denying The Devil His Due: Contingency Fee Multipliers After City Of Burlington V. Dague, Kyle R. Kravitz

Villanova Law Review

No abstract provided.

Letter To Judge Harry Edwards, James J. White

Articles

Dear Harry: I write to second your statements concerning the disjunction between legal education and the legal profession and also to quibble with you. By examining the faculty, the curriculum, and the research agenda at Michigan, your school and mine, I hope to illustrate the ways in which you are right and to suggest other ways in which you and your clerk informants may be too pessimistic.

Harry Edward's Nostalgia, Paul D. Reingold

Articles

Until fairly recently, the work of people who thought and wrote about the law in its broadest cultural sense, and the work of those who thought and wrote about the law as it was practiced, did not intersect very much. The broad cultural issues tended to be the province of philosophers or political theorists or other academic social critics, while traditional legal scholarship - as it appeared in law school journals - remained firmly rooted in lawyers' questions. This is not to suggest that legal academics wrote nothing but practice manuals, but it is true that until the last twenty …

The Role Of A Chief Justice In Canada, Peter W. Hogg

Articles & Book Chapters

Professor Hogg describes the duties of Chief Justices in Canadian courts, and explains that the effective discharge of their many administrative functions plays a significant role in maintaining the independence of the judiciary.

Mad Dogs And Englishmen: Pierson V. Post [A Ditty Dedicated To Freshman Law Students, Confused On The Merits], Kenneth Lasson

All Faculty Scholarship

Mad dogs and Englishmen go out in the mid-day sun. They bark, they pant, they rave and rant, but most of all they run. A monkey's uncle might have tea or sip some lemonade. Why, even donkeys (turkeys, too) seek shelter in the shade. But mad dogs and Englishmen go out in the mid-day sun.

Where Were The Lawyers? A Behavioral Inquiry Into Lawyers' Responsibility For Clients' Fraud, Donald C. Langevoort

Vanderbilt Law Review

Where were the lawyers? Perhaps rhetorical, even sarcastic, this question is being asked all too frequently after large financial frauds. "[W]ith all the professional talent involved," mused Judge Sporkin in a decision growing out of the Lincoln Savings & Loan scandal, "why [didn't] at least one... [blow] the whistle to stop the overreaching that took place in this case[?]" The Lincoln matter alone ensnared a number of the country's most prominent law firms," and many others have been blamed in comparable, if less notorious, banking delicts. Clark Clifford's indictment in the BCCI proceeding has extended the dark shadow even further …

Editing, Carol Sanger

Faculty Scholarship

In May 1993, I published a book review of Richard Posner's Sex and Reason. The review was modest in length and in purpose, part of an informal division of labor undertaken by the many critics of Sex and Reason. It challenged Judge Posner's claim that an economic analysis of sex was something new and argued that women have been making rational choices with regard to sex and reproduction for quite a long time, something that Judge Posner's book seemed to miss and misunderstand throughout.

Readers of the review (the members of my MCI Friends and Family Plan) have …

Ratting, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.

Counseling Clients Who Weren't Born Yesterday: Age And The Attorney-Client Relationship, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.

Part 2: An Introduction To The European Community's Legal Ethics Code Part Ii: Applying The Ccbe Code Of Conduct, Laurel S. Terry

Laurel S. Terry

An Introduction To The European Community's Legal Ethics Code Part I: An Analysis Of The Ccbe Code Of Conduct, Laurel S. Terry

Laurel S. Terry