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Articles 1 - 16 of 16
Full-Text Articles in Law
The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver
The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver
Carole Silver
This article contriubtes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of foreign lawyers in U.S. law schools and law firms. It analyzes the interaction between foreign-educated lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with foreign-educated lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 foreign-educated lawyers who were working in New York during 1999 and 2000. The various roles …
Lawyers' Value In Mergers And Acquisitions Under The New World Of Multidisciplinary Practices, Yunling Wu
Lawyers' Value In Mergers And Acquisitions Under The New World Of Multidisciplinary Practices, Yunling Wu
LLM Theses and Essays
Lawyers are facing strong competition from accounting firms in mergers and acquisitions. Finance and accounting globalization and multidisciplinary practice makes accounting firms more competent, challenging lawyers’ value. However, lawyers create enormous value in mergers and acquisitions, such as structuring the form of transactions, managing due diligence investigation, reducing the costs of acquiring and verifying information, ensuring corporations follow the relevant regulations preventing legal liabilities, and preventing antitrust issues or invoking antitrust challenge. Teamwork will facilitate mergers and acquisitions transactions. Restricted multidisciplinary practice will not affect lawyers’ and accountants’ ethics and independence. Legal education should be improved to help lawyers become …
Mdps, Spinning, And Wouters V. Nova, Laurel S. Terry
Mdps, Spinning, And Wouters V. Nova, Laurel S. Terry
Faculty Scholarly Works
This article is one of a series of articles by Professor Laurel Terry regarding the topic of MDPs of multidisciplinary partnerships. In February 2002, the European Court of Justice issued its opinion in Wouters v. NOVA (Case C-309/99), which addressed a Netherlands Bar rule that prohibited multidisciplinary partnerships (MDPs) between lawyers and accountants. Wouters decided: 1) that the bar was an “undertaking” that was subject to the competition (antitrust) provision in the EU Treaty; 2) that the Dutch MDP ban restricted competition and that this restriction on competition was appreciable and affected intra-community trade; 3) that the Dutch MDP ban …
Truthfulness And Honesty Among American Lawyers: Perception, Reality, And The Professional Reform Initiative, W. William Hodes
Truthfulness And Honesty Among American Lawyers: Perception, Reality, And The Professional Reform Initiative, W. William Hodes
South Carolina Law Review
No abstract provided.
Law: Illumination Against Darkness, Alfred C. Aman Jr.
Law: Illumination Against Darkness, Alfred C. Aman Jr.
Alfred Aman Jr. (1991-2002)
No abstract provided.
Doe V. Condon: Lawyers Beware - This Unauthorized-Practice-Of-Law Case May Affect You, Candy M. Kern-Fuller
Doe V. Condon: Lawyers Beware - This Unauthorized-Practice-Of-Law Case May Affect You, Candy M. Kern-Fuller
South Carolina Law Review
No abstract provided.
The Professionalism Crises - The "Z" Words And Other Rambo Tactics: The Conference Of Chief Justices' Solution, Allen K. Harris
The Professionalism Crises - The "Z" Words And Other Rambo Tactics: The Conference Of Chief Justices' Solution, Allen K. Harris
South Carolina Law Review
No abstract provided.
Avoiding The Unauthorized Practice Of Law: Proposed Regulations For Paralegals In South Carolina, Julie A. Flaming
Avoiding The Unauthorized Practice Of Law: Proposed Regulations For Paralegals In South Carolina, Julie A. Flaming
South Carolina Law Review
No abstract provided.
The Lives Of John Marshall, Michael J. Gerhardt
The Lives Of John Marshall, Michael J. Gerhardt
Faculty Publications
No abstract provided.
Empathy, Spring, And Fervorino, Susan Bennett
Empathy, Spring, And Fervorino, Susan Bennett
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John Lande
John Lande
This Article discusses what can be done to promote productive behavior in mediation and reduce bad conduct. Although most participants do not abuse the mediation process, some people use mediation to drag out litigation, gain leverage for later negotiations, and generally wear down the opposition. Rules requiring good-faith participation are likely to be ineffective and possibly counterproductive. This Article proposes using dispute system design principles to develop policies satisfying the interests of stakeholders in court-connected mediation programs. After outlining interests of key stakeholder groups including litigants, attorneys, courts, and mediators, the Article describes specific policies that could satisfy their interests. …
Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr.
Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch
Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch
All Faculty Scholarship
The lead counsel auction has attracted increasing attention. Auction advocates argue that auctions introduce competitive market forces that improve the selection and compensation of class counsel. The benefits of the auction, the;' claim, include lower legal fees and better representation. Careful scrutiny reveals that auction advocates have overlooked substantial methodological problems with the design and implementation of the lead counsel auction. Even if these problems were overcome, the auction procedure is flawed: Auctions are poor tools for selecting firms based on multiple criteria, compromise the judicial role, and are unlikely to produce reasonable fee awards. Although the existing record is …
The Mdp Challenge In The Context Of Globalization, Carole Silver, Bryant Garth
The Mdp Challenge In The Context Of Globalization, Carole Silver, Bryant Garth
Carole Silver
No abstract provided.
No Black Names On The Letterhead? Efficient Discrimination And The South African Legal Profession, Lisa R. Pruitt
No Black Names On The Letterhead? Efficient Discrimination And The South African Legal Profession, Lisa R. Pruitt
Lisa R Pruitt
Although there have long been black lawyers in South Africa, during apartheid only a handful joined the ranks of the country’s large commercial firms. Now, in the post-apartheid period, these firms are keenly aware of a range of economic and political incentives to hire black attorneys, and most are doing so at a record pace. Very few black attorneys, however, are enduring the path to partnership in these firms. Based on more than seventy-five interviews conducted in South Africa in 1999 and 2000, this Article both documents and critically examines the reasons for black attrition. While firms’ incentives to integrate …