Law Commons^™

Taking Inventory: The Science Of Happiness, Lawrence S. Krieger

Scholarly Publications

No abstract provided.

Wrongful Convictions And The Accuracy Of The Criminal Justice System, H. Patrick Furman

Publications

No abstract provided.

Symposium: Client Counseling And Moral Responsibility, Thomas L. Shaffer, Deborah L. Rhode, Paul R. Tremblay, Robert F. Cochran

Journal Articles

One of the most important challenges to lawyers and clients is addressing issues that are not controlled by law. Will the client take steps (legal steps) that will harm other people? Will the officers of a corporation consider the effects of its actions on workers, on consumers, on the community, on the environment? In a divorce, will the client take actions that will harm a child or spouse? What role should the lawyer play regarding these questions? The way lawyers address such issues may do more to determine whether their practice is socially useful or socially harmful than any rule …

Cultural Change And "Catholic Lawyers", Stephen F. Smith

Journal Articles

If there is anything that America definitely does not need, it would seem, it is more lawyers. Over the last thirty years or so, the number of lawyers practicing in the United States has almost tripled to current levels of roughly 900,000 practicing attorneys. To this number, our nation's law schools add another 35,000 attorneys annually. In spite of this, the purpose of this special inaugural law review issue is to commemorate the founding of a new school, the Ave Maria School of Law. It is an honor for me to be able to share in the joy and pride …

The Biblical Prophets As Lawyers For The Poor, Thomas L. Shaffer

Journal Articles

Lawyers practicing poverty law often lack mentors and role models. This author discusses how biblical figures, who served poor people, could be mentors and role models for lawyers practicing poverty law. Prophets, and particularly prophets-as-lawyers, redefine power relationships. Shaffer discusses his personal journey through out his career in using religious guidance to help him better understand his career. He also discuss his teachings to his law students of the value of learning from prophets in their legal careers.

What Do Clients Want? What Do Lawyers Do?, Lynn Mather

Journal Articles

No abstract provided.

Regulatory Mismatch In The International Market For Legal Services, Carole Silver

Articles by Maurer Faculty

The increasingly international reach of law owes part of its momentum to individual lawyers and law firms that function as carriers of ideas, processes and policies. U.S. lawyers are important participants in this expanding influence of law, as they educate, train and deploy individuals educated and licensed in the U.S. and abroad. This article examines the ways in which law firms internationalize, and considers the regulatory environment governing crucial interactions between U.S. and foreign-educated lawyers. It builds upon prior work that investigated the impact on U.S. law firms of the development of an international market for legal services and the …

Towards A New Scholarship For Equal Justice, James S. Liebman

Faculty Scholarship

Over the last thirty years, the legal academy has turned a cold shoulder to the subject matter of this symposium: scholarship for equal justice. I am here to suggest that a thaw may be on the way. By scholarship for equal justice – as distinguished from scholarship about that topic – I mean academic work undertaken for the purpose of improving outcomes for individuals and members of groups who have been systematically held back by their race, sex, poverty, or any other basis for rationing success that our legal system treats with suspicion. With reference to some of my own …

Equality And The Forms Of Justice, Susan Sturm

Faculty Scholarship

Justice and equality are simultaneously noble and messy aspirations for law. They inspire and demand collective striving toward principle, through the unflinching comparison of the "is" and the "ought." Yet, law operates in the world of the practical, tethered to the realities of dispute processing and implementation. The work of many great legal scholars and activists occupies this unstable space between principle and practice. Owen Fiss is one such scholar, attempting to straddle the world of the here-and-now and the imagined and then deliberately constructed future, the contours of which have been established during the founding moments of our constitutional …

The Role Of The United States Military Lawyer In Projecting A Vision Of The Laws Of War, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Civil Rights Era: A Look Back By Those Who Lived And Litigated Through It, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Almost Pro Bono: Judicial Appointments Of Attorneys In Juvenile And Child Dependency Actions, Barbara Glesner Fines

Faculty Works

No abstract provided.

A Short History Of Poverty Lawyers In The United States, Deborah J. Cantrell

Publications

No abstract provided.

The Implications Of Transition Theory For Stare Decisis, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

Is There A Role For Lawyers In Preventing Future Enrons?, Jill E. Fisch, Kenneth M. Rosen

All Faculty Scholarship

Following the collapse of the Enron Corporation, the ethical obligations of corporate attorneys have received increased scrutiny. The Sarbanes-Oxley Act of 2002, enacted in response to calls for corporate reform, specifically requires the Securities and Exchange Commission to address the lawyer’s role by requiring covered attorneys to “report up” evidence of corporate wrongdoing to key corporate officers, and, in some circumstances, to the board of directors. Failure to “report up” subjects a lawyer to liability under federal law.

This Article argues that the reporting up requirement reflects a second-best approach to corporate governance reform. Rather than focusing on the actors …

No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Incremental Bar Admission: Lessons From The Medical Profession, Jayne W. Barnard, Mark Greenspan

Faculty Publications

No abstract provided.

The Lawyer As Legal Scholar, Michael J. Madison

Articles

I review Eugene Volokh's recent book, Academic Legal Writing. The book is nominally directed to law students and those who teach them (and for those audiences, it is outstanding), but it also contains a number of valuable lessons for published scholars. The book is more than a writing manual, however. I argue that Professor Volokh suggests implicitly that scholarship is underappreciated as a dimension of the legal profession. A well-trained lawyer, in other words, should have experience as a scholar. The argument sheds new light on ongoing discussions about the character of law schools.

Learning To Trust: Thoughts From A Law Clinic, David A. Santacroce

Articles

The State Bar Legal Education Committee is now the Legal Education and Professional Standards Committee. This marriage seems an apt occasion to raise, through the prism of students, the issue of trust in client relations, though not in the traditional sense of "getting the client to trust me." Rather, the more ignored "getting me to trust the client" is the focus.

Lawyering Process: My Thanks For The Book And The Movie, Leah Wortham

Scholarly Articles

The author's memories of "the movie version" of The Lawyering Process, two courses she took in Gary Bellow's first two years at Harvard Law School (1971-73), are compared to the text and problem supplements published in 1978. The author traces the influence of those courses and books on her externship course and textbook, written with others. She cites the value of Bellow & Moulton's pioneering employment of visual and kinesthetic learning modes and explicit statement to students about educational goals and methods. She identifies paradigms for lawyering tasks that have remained useful to her throughout her career. With twenty-one years …

Multijurisdictional Practice: An Emerging Issue For A Changing Profession, Donald L. Burnett Jr.

Articles

No abstract provided.

The Lawyer As Public Citizen: Meeting The Pro Bono Challenge, Irma S. Russell

Faculty Works

No abstract provided.

Transnational Legal Practice: Cross-Border Legal Services: 2002 Year-In-Review, Carole Silver, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft

Articles by Maurer Faculty

No abstract provided.

Designing Deliberative Democracy In Cyberspace: The Role Of The Cyber-Lawyer, Beth Simone Noveck

Articles & Chapters

No abstract provided.

It Ain’T No Tv Show: Jags And Modern Military Operations, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Bringing Moral Values Into A Flawed Plea Bargaining System, Stephanos Bibas

All Faculty Scholarship

No abstract provided.

But What Will The Wto Disciplines Apply To - Distinguishing Among Market Access, National Treatment And Article Vi:4 Measures When Applying The Gats To Legal Services, Laurel S. Terry

Faculty Scholarly Works

One of the issues currently facing World Trade Organization (WTO) Member States is whether to extend to the legal profession and other service providers the WTO Disciplines for Domestic Regulation in the Accountancy Sector [Accountancy Disciplines]. The Accountancy Disciplines document applies to regulatory measures that would be considered domestic regulations under Article VI:4 of the GATS, rather than market access or national treatment measures under Articles XVI or XVII of the GATS. This paper argues that in order to meaningfully discuss whether to extend the Accountancy Disciplines to the legal profession, U.S. policy-makers and stakeholders need to understand the type …

But What Will The Wto Disciplines Apply To? Distinguishing Among Market Access, National Treatment And Article Vi:4 Measures When Applying The Gats To Legal Services, Laurel Terry

Faculty Scholarly Works

One of the issues currently facing World Trade Organization (WTO) Member States is whether to extend to the legal profession and other service providers the WTO Disciplines for Domestic Regulation in the Accountancy Sector [Accountancy Disciplines]. The Accountancy Disciplines document applies to regulatory measures that would be considered domestic regulations under Article VI:4 of the GATS, rather than market access or national treatment measures under Articles XVI or XVII of the GATS. This paper argues that in order to meaningfully discuss whether to extend the Accountancy Disciplines to the legal profession, U.S. policy-makers and stakeholders need to understand the type …

Staff Matter(S), 35 U. Tol. L. Rev. 199 (2003), Darby Dickerson

UIC Law Open Access Faculty Scholarship

No abstract provided.

Legal Education As A Strategy For Change In The Legal Profession, Mary Jane Mossman

Articles & Book Chapters

No abstract provided.