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Full-Text Articles in Law

Transnational Legal Practice: Cross-Border Legal Services: 2002 Year-In-Review, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Carole Silver Oct 2003

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

Faculty Scholarly Works

No abstract provided.


The New Japanese Law Schools, James R. Maxeiner Sep 2003

The New Japanese Law Schools, James R. Maxeiner

ExpressO

Japan is in the process of implementing a comprehensive reform of its justice system. At the heart of the reform is a complete overhaul of the system of legal education. The new system is intended to increase substantially the number of lawyers in the country. On April 1, 2004 as many as 72 new law schools are to come into existence. Japanese legal education is shifting from a German-inspired law faculty approach to an American-style law school system. Based on first-hand observations, this article discusses the present and future system of Japanese legal education with reference to its foreign counterparts.


Interpersonal Dynamics, Joshua D. Rosenberg Sep 2003

Interpersonal Dynamics, Joshua D. Rosenberg

ExpressO

This article explains the importance of relationship skills to attorneys. It explains why, despite the significance of these skills to attorneys, law schools and law firms ignore them. It then explains how these skills can be taught in law school, and how a relation al perspective can become not simply an important part of the law, but also an important part of the lives of lawyers. It develops and supports an ap proach that develops the cognitive, behavioral, perceptual and emotional skills and awareness essential to both accurate communication and productive and meaningful relationships. This approach is quite different from …


The Lawyer As Legal Scholar, Michael J. Madison Sep 2003

The Lawyer As Legal Scholar, Michael J. Madison

Michael J. Madison

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.


Emerging Issues On The Internet For The Legal Profession, Rosaria Vigorito Jul 2003

Emerging Issues On The Internet For The Legal Profession, Rosaria Vigorito

ExpressO

The paper offers an overview of the emerging issues raised by the Internet in the legal profession. In particular, the extension of the attorney-client privilege; the application of the ethics principle of confidentiality to email communications; Internet connectivity and the security issues pertaining to it; and, general "cyberlegalethics" concerns raised by using the Internet, such as avoiding the unauthorized practice of law and verifying information found on the Web.


Regulatory Mismatch In The International Market For Legal Services, Carole Silver May 2003

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

Carole Silver

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 …


A Lawyer's Calling, Lauren K. Robel Apr 2003

A Lawyer's Calling, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

The paths that led the current first-year class, the Class of 2005, to the School of Law are as varied as the paths they - like you - will follow after graduation. Students come to law from other professions, from the study of many other disciplines, from communities across the country and around the world - both communities based on proximihJ and those based on affinity. While the study of law presents new vocabularies, skills, and ideas, that study does not require leaving scholarly, professional, and personal histories at the door. Quite the contrary - what makes law a particularly …


De Eso No Se Habla. La Habilitación Profesional En La Argentina., Maximiliano Marzetti Jan 2003

De Eso No Se Habla. La Habilitación Profesional En La Argentina., Maximiliano Marzetti

Maximiliano Marzetti

No abstract provided.


A Response To Thomas Steele, Gary A. Munneke Jan 2003

A Response To Thomas Steele, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

The problem with adjunct professors teaching a course in law practice management is that they really are not in a position to think and write about the big issues, the way that full-time faculty members are; they generally have full-time responsibilities in a law firm. The law practice management field loses something valuable when so many of its teachers are part time. Although these professors bring practical experience to the classroom, they do not contribute in a larger way to the law school curriculum as a whole, or to the literature of the legal profession.


Opening Remarks, Gary A. Munneke Jan 2003

Opening Remarks, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Interestingly, there is hardly any scholarship, and very little discussion, about the MacCrate Report outside of the clinical and skills programs in the traditional segments of legal education. I am not a clinician, although in the past I have taught courses in interviewing and counseling, and negotiations. I teach Law Practice Management and Professional Responsibility, which address professional skills and values; but I teach Torts as well, and my Torts colleagues, like teachers in other traditional subjects, really do not focus on these issues very much. So, one of the things I wanted to do with this symposium was to …


The Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, Jill E. Fisch, Caroline M. Gentile Jan 2003

The Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, Jill E. Fisch, Caroline M. Gentile

All Faculty Scholarship

The Securities and Exchange Commission introduced a new corporate governance structure, the qualified legal compliance committee, as part of the professional standards of conduct for attorneys mandated by the Sarbanes-Oxley Act of 2002. QLCCs are consistent with the Commission’s general approach to improving corporate governance through specialized committees of independent directors. This Article suggests, however, that assessing the benefits and costs of creating QLCCs may be more complex than is initially apparent. Importantly, QLCCs are unlikely to be effective in the absence of incentives for active director monitoring. This Article concludes by considering three ways of increasing these incentives.


Integrity And The Department Of Investigation, Rose Gill Hearn Jan 2003

Integrity And The Department Of Investigation, Rose Gill Hearn

Fordham Law Review

No abstract provided.


The Evisceration Of The Attorney-Client Privilege In The Wake Of September 11, 2001, Marjorie Cohn Jan 2003

The Evisceration Of The Attorney-Client Privilege In The Wake Of September 11, 2001, Marjorie Cohn

Fordham Law Review

No abstract provided.


Reviving The Roman Republic; Remembering The Good Old Cause, Rob Atkinson Jan 2003

Reviving The Roman Republic; Remembering The Good Old Cause, Rob Atkinson

Fordham Law Review

No abstract provided.


Putting Ethics To The (National Standardized) Test: Tracing The Origins Of The Mpre, Paul T. Hayden Jan 2003

Putting Ethics To The (National Standardized) Test: Tracing The Origins Of The Mpre, Paul T. Hayden

Fordham Law Review

No abstract provided.


Professionalism Without Parochialism: Julius Henry Cohen, Rabbi Nachman Of Breslov, And The Stories Of Two Sons, Samuel J. Levine Jan 2003

Professionalism Without Parochialism: Julius Henry Cohen, Rabbi Nachman Of Breslov, And The Stories Of Two Sons, Samuel J. Levine

Fordham Law Review

No abstract provided.


Alice's Adventures In Wonderland: Preliminary Reflections On The History Of The Split English Legal Profession And The Fusion Debate (1000-1900 A.D.), Judith L. Maute Jan 2003

Alice's Adventures In Wonderland: Preliminary Reflections On The History Of The Split English Legal Profession And The Fusion Debate (1000-1900 A.D.), Judith L. Maute

Fordham Law Review

No abstract provided.


Enron, Titanic, And The Perfect Storm, Nancy B. Rapoport Jan 2003

Enron, Titanic, And The Perfect Storm, Nancy B. Rapoport

Fordham Law Review

No abstract provided.


Fighting Fire With Fire: A Refllection On The Ethics Of Clarence Darrow, Gerald F. Uelmen Jan 2003

Fighting Fire With Fire: A Refllection On The Ethics Of Clarence Darrow, Gerald F. Uelmen

Fordham Law Review

No abstract provided.


Tuning Up Gideon's Trumpet, Kim Taylor-Thompson Jan 2003

Tuning Up Gideon's Trumpet, Kim Taylor-Thompson

Fordham Law Review

No abstract provided.


The Myth Of Civic Republicanism: Interrogating The Ideology Of Antebellum Legal Ethics, Norman W. Spaulding Jan 2003

The Myth Of Civic Republicanism: Interrogating The Ideology Of Antebellum Legal Ethics, Norman W. Spaulding

Fordham Law Review

No abstract provided.


A View Of The Legal Profession From A Mid-Twelfth-Century Monastery, Amelia J. Uelmen Jan 2003

A View Of The Legal Profession From A Mid-Twelfth-Century Monastery, Amelia J. Uelmen

Fordham Law Review

No abstract provided.


Painting By Numbers: "And, Um, Let's Have A Black Lawyer Sit At Our Table", J. Cunyon Gordon Jan 2003

Painting By Numbers: "And, Um, Let's Have A Black Lawyer Sit At Our Table", J. Cunyon Gordon

Fordham Law Review

No abstract provided.


Combining Professionalism, Nation Building And Public Service: The Professional Project Of The Israeli Bar 1928-2002, Neta Ziv Jan 2003

Combining Professionalism, Nation Building And Public Service: The Professional Project Of The Israeli Bar 1928-2002, Neta Ziv

Fordham Law Review

No abstract provided.


Regulation Of Lawyers Without The Code, The Rules, Or The Restatement: Or, What Do Honor And Shame Have To Do With Civil Discovery Practice?, W. Bradley Wendel Jan 2003

Regulation Of Lawyers Without The Code, The Rules, Or The Restatement: Or, What Do Honor And Shame Have To Do With Civil Discovery Practice?, W. Bradley Wendel

Fordham Law Review

No abstract provided.


Teaching Integrity In The Professional Responsibility Curriculum: A Modest Proposal For Change, Mary C. Daly Jan 2003

Teaching Integrity In The Professional Responsibility Curriculum: A Modest Proposal For Change, Mary C. Daly

Fordham Law Review

No abstract provided.


Integrity: Its Causes And Cures, David Luban Jan 2003

Integrity: Its Causes And Cures, David Luban

Fordham Law Review

No abstract provided.


The Limits Of Integrity Or Why Cabinets Have Locks, Burnele V. Powell Jan 2003

The Limits Of Integrity Or Why Cabinets Have Locks, Burnele V. Powell

Fordham Law Review

No abstract provided.


If Integrity Is The Answer, What Is The Question?, Deborah L. Rhode Jan 2003

If Integrity Is The Answer, What Is The Question?, Deborah L. Rhode

Fordham Law Review

No abstract provided.


Ida's Way: Constructing The Respect-Worthy Governmental System, Frank I. Michelman Jan 2003

Ida's Way: Constructing The Respect-Worthy Governmental System, Frank I. Michelman

Fordham Law Review

No abstract provided.