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Full-Text Articles in Law

Attorney Fact-Finding, Ethical Decision-Making And The Methodology Of Law, Robert Rubinson Oct 2001

Attorney Fact-Finding, Ethical Decision-Making And The Methodology Of Law, Robert Rubinson

All Faculty Scholarship

This Article explores the significance, challenges, and complexities of attorney fact-finding in ethical decision-making. Almost all discourse about legal ethics, from the pedagogical to the scholarly to the practical, takes facts for granted in order to focus on issues about ethical rules. The factual dimension of ethical decision-making, however, is critical to the decision-making process and can be subjected to rigorous and systematic study. Indeed, it is lawyers in a situation who engage in ethical decision-making, and such a situation entails the assimilation and interpretation of many sources of information. Such a process necessarily includes the motivations and ambivalence of …


Jurisprudence Noire, Pierre Schlag Jan 2001

Jurisprudence Noire, Pierre Schlag

Publications

No abstract provided.


The Lawyerland Essays: Introduction, Pierre Schlag Jan 2001

The Lawyerland Essays: Introduction, Pierre Schlag

Publications

No abstract provided.


Deja Vu All Over Again, Gary A. Munneke Jan 2001

Deja Vu All Over Again, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Why talk about the future at all? As a professor I am a student of change. But do forecasts about the future matter to the average practitioner. My answer is a resounding YES! To understand my attitude, it's important to look at the work of the Futurist Committee of the ABA Law Practice Management Section.


Legal Skills For A Transforming Profession, Gary A. Munneke Jan 2001

Legal Skills For A Transforming Profession, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

The legal profession is undergoing dramatic changes that will drive a reformation in legal education. Legal educators must anticipate these changes to effectively prepare students for the practice of law in the twenty-first century. In order to be proficient practitioners, these students will require an expanded set of professional skills. Although the current legal skills paradigm was articulated by the American Bar Association MacCrate Task Force in 1991, it is time to reexamine legal skills with an eye toward preparing students to practice law in the new millennium. In Section II, this article examines trends in modern society and the …


Views On Multidisciplinary Practice With Particular Reference To Law And Economics, New York, And North Carolina, Sydney M. Cone Iii. Jan 2001

Views On Multidisciplinary Practice With Particular Reference To Law And Economics, New York, And North Carolina, Sydney M. Cone Iii.

Articles & Chapters

This Article-after describing analytical gaps in the work of the ABA Commission on MDP, and after criticizing the analysis of MDP by the law and economics school and the Big Five subset thereof-sets forth, with commentary, proposals relating to MDP developed by the New York State Bar Association and the MDP Task Force of the North Carolina Bar Association. It concludes by comparing these proposals in the context of the law governing lawyers in the United States.


Ethics Beyond The Horizon: Why Regulate The Global Practice Of Law?, Christopher J. Whelan Jan 2001

Ethics Beyond The Horizon: Why Regulate The Global Practice Of Law?, Christopher J. Whelan

Vanderbilt Journal of Transnational Law

This Article explores whether global self-regulation of the legal profession is desirable. The Author explains that as global law practice has grown over the past decade, so has the desire to formulate global rules of professional responsibility. The Article focuses on large law firms offering transnational legal services in many countries. The Author addresses whether and for whom the aspiration to deliver core values at the global level is desirable. He does so by comparing the rhetoric of global self-regulation with the reality of global law practice. In reality, the global law practice has undermined the power of nation states …


Reflections On The Ethics Of Legal Academics: Law Schools As Mdps; Or, Should Law Professors Practice What They Teach Symposium: Ethics Of Law Professors, Bruce A. Green Jan 2001

Reflections On The Ethics Of Legal Academics: Law Schools As Mdps; Or, Should Law Professors Practice What They Teach Symposium: Ethics Of Law Professors, Bruce A. Green

Faculty Scholarship

[A member of the House of Commons said in Samuel Johnson's presence] that he paid no regard to the arguments of counsel at the bar of the House of Commons, because they were paid for speaking. JOHNSON. 'Nay, Sir, argument is argument. You cannot help paying regard to their arguments, if they are good, If it were testimony, you might disregard it, if you knew that it were purchased. There is a beautiful image in Bacon upon this subject: testimony is like an arrow shot from a long bow; the force of it depends on the hand that draws it. …


Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver Jan 2001

Adventures In Comparative Legal Studies: Studying Singapore, Carole Silver

Articles by Maurer Faculty

No abstract provided.


An “Issue Checklist” For The Aba Commission On Multidisciplinary Practice, Laurel S. Terry Dec 2000

An “Issue Checklist” For The Aba Commission On Multidisciplinary Practice, Laurel S. Terry

Laurel S. Terry

Appendix 2 to Gary Munneke and Ann McNaughton's book about MDPs was the "Issue Checklist" that Professor Laurel Terry prepared for the ABA Commission on Multidisciplinary Practice (the ABA MDP Commission). This checklist identified the issues that Professor Terry believed the Commission should consider as it evaluated whether to amend ABA Model Rule of Professional Conduct 5.4 to permit MDPs.

Although this Issue Checklist was prepared in 1999, many of the issues it identifies remain relevant when considering issues related to alternative business structures (ABS) and alternative law practice structures (ALPS). It is relevant to the work of groups such …