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Full-Text Articles in Law

Give Them Back Their Lives: Recognizing Client Narrative In Case Theory, Binny Miller Dec 1994

Give Them Back Their Lives: Recognizing Client Narrative In Case Theory, Binny Miller

Michigan Law Review

This article is about case theory and its implications for incorporating client narratives in litigation. In seeking to understand the connections between voice, narrative, and case theory, I look not only to theory but to my experience as a clinical teacher and criminal defense attorney. I explore how the practice of lawyering can be reconstructed to embrace a greater role for clients in constructing case theories, both through the images of the client the lawyer presents in the case theory and through active client participation in developing and choosing the case theory. Although one aim of case theory is to …


Making Elite Lawyers: Visions Of Law At Harvard And Beyond, Daniel A. Cohen May 1994

Making Elite Lawyers: Visions Of Law At Harvard And Beyond, Daniel A. Cohen

Michigan Law Review

A Review of Making Elite Lawyers: Visions of Law at Harvard and Beyond by Robert Granfield


Light, Shadow, Science, And Law, Allen D. Boyer May 1994

Light, Shadow, Science, And Law, Allen D. Boyer

Michigan Law Review

A Review of Francis Bacon by Daniel R. Coquillette


In Search Of Faulkner's Law, Richard Weisberg May 1994

In Search Of Faulkner's Law, Richard Weisberg

Michigan Law Review

A Review of Forensic Fictions: The Lawyer Figure in Faulkner by Jay Watson


Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White Jan 1994

Critical Rules In Negotiating Sales Contracts: The Lawyer's Job, James J. White

Other Publications

In my experience, lawyers begin negotiating only after the business people have decided upon the description and quality of the product, the time of delivery, and the mode and amount of payment. The lawyers are left with the pathological problems--who gets what in case of trouble. Most of those problems relate to the seller's responsibility if the product does not conform to the contract or otherwise fails to please the buyer. These failures can cause economic loss to the buyer, economic loss to a remote purchaser, or personal injury or property damage to immediate or remote parties. Third parties may …


Discovery Cost Allocation: Comment On Cooter And Rubinfeld, Edward H. Cooper Jan 1994

Discovery Cost Allocation: Comment On Cooter And Rubinfeld, Edward H. Cooper

Articles

Discovery practice continues to be the single most troubling element of contemporary procedure. To be sure, the system seems to work well in a high proportion of all federal cases. The proportion may seem astonishingly high in relation to the amount of attention devoted to discovery. The discovery problems that occur in a relatively small proportion of the federal caseload, however, impose serious burdens on the parties and the court system. Every proposal that addresses discovery "abuse" deserves serious attention. These comments focus on the discovery abuse portion of the paper by Cooter and Rubinfeld. Questions are posed that may …