Law Commons^™

Empirically Evaluating Claims About Investment Treaty Arbitration, Susan Franck

Articles in Law Reviews & Other Academic Journals

With the blossoming of empirical legal scholarship, there is an increased appreciation for the insights it offers issues of international importance. One area that can benefit from such inquiry is the resolution of disputes from investment treaties, which affects international relations, implicates international legality of domestic government conduct, and puts millions of taxpayer dollars at risk. While suggesting there has been a "litigation explosion", commentators make untested assertions about investment treaty disputes. Little empirical work transparently explores this area, however. As the first research that explains its methodology and results, this article is a modest attempt to evaluate claims about …

Personal Integrity And The Conflict Between Ordinary And Institutional Values, W. Bradley Wendel

Cornell Law Faculty Publications

Values, which give us reasons for acting in certain ways, may be properties of both natural, pre-institutional states of affairs and relations among persons, as well as states of affairs and relations among persons that are constituted and regulated by social and political institutions. We can call these ordinary moral values and institutional values, respectively. The fundamental issue in legal ethics is often represented as a conflict between ordinary moral values and institutional values. However, another conflict which has not been well explored in the legal ethics literature is between agent-neutral institutional values and agent-relative reasons that arise from the …

Demand For Electronic Legal Information At The University Of Botswana , Kgomotso F. Radijeng

Starr Workshop Papers (2007)

The advent of technology has changed the way legal research is conducted. The study looks at the availability of electronic legal information at the University of Botswana, perceptions of the university legal community about such information, challenges affecting access to electronic legal information and recommended solutions to those challenges. The paper also looks at the contribution that the library can make in alleviating the challenges and addressing the different perceptions by the legal community.

La Formazione Professionale Continua Dell'avvocato A Confronto Con Il Modello Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

"A Bulwark Against Anarchy": Affirmative Action, Emory Law School, And Southern Self-Help, William B. Turner

William B Turner

This article presents archival evidence about Pre-Start, Emory Law School’s affirmative action program from 1966 to 1972. It places that evidence into the context of current legal and scholarly debates about affirmative action in law school admissions and demonstrates that Pre-Start is an extremely important case study for anyone who wishes to think carefully about this important topic. I perform post-hoc strict scrutiny on Pre-Start, showing that it meets, not only the standard of the majority in Grutter v. Bollinger (539 U.S. 306 (2003)), but even the much more exacting standard of dissenting Justice Clarence Thomas. Because white supremacists are …

"A Bulwark Against Anarchy": Affirmative Action, Emory Law School, And Southern Self-Help, William B. Turner

William B Turner

This article presents archival evidence about Pre-Start, Emory Law School’s affirmative action program from 1966 to 1972. It places that evidence into the context of current legal and scholarly debates about affirmative action in law school admissions and demonstrates that Pre-Start is an extremely important case study for anyone who wishes to think carefully about this important topic. I perform post-hoc strict scrutiny on Pre-Start, showing that it meets, not only the standard of the majority in Grutter v. Bollinger (539 U.S. 306 (2003)), but even the much more exacting standard of dissenting Justice Clarence Thomas. Because white supremacists are …

Tax Malpractice Damages: A Comprehensive Review Of The Elements And The Issues, Jacob L. Todres

Jacob L. Todres

ABSTRACT & TABLE OF CONTENTS

Tax Malpractice Damages: A Comprehensive Review Of The Elements And The Issues

Suits to redress instances of tax malpractice may be framed either in tort or in contract. While some ancillary aspects of the litigation may differ, a professional must exercise reasonable competence and diligence to avoid malpractice liability under either approach. The same basic standards apply to attorneys and accountants. Typically the tort of negligence will be the key to any recovery, though other causes of action are also encountered.

Damages are normally recoverable for all injuries proximately caused by the malpractice, consequential as …

I'M A Lawyer Too--Memoirs Of The Ambitious Legal Writing Professor, Prentice L. White

Prentice L White

I’M A LAWYER TOO—MEMOIRS OF THE AMBITIOUS LEGAL WRITING PROFESSOR ABSTRACT Legal Writing professors are faced with so many challenges and hurdles in the world of academia. Our salaries are lower, our offices are smaller, and our work schedules with students are much more tedious than that of tenure and tenure-track faculty members. However, there is another hurdle that is not as obvious as the other challenges, but it is the most serious hurdle we have ever faced—proving that we too are lawyers and not simply writing teachers. There are so many stereotypes in our profession that we sometimes have …

Unpacking The Bar: Of Cut Scores, Competence And Crucibles, Gary S. Rosin

Gary S Rosin

Bar passage rates of first-takers vary widely among both the states and the law schools. State grading practices also vary widely, particularly as to minimum passing scores (“cut scores”) and whether they scale state exam components to the MultiState Bar Exam (“MBE”). The broad ranges of Bar passage rates and of state grading practices call into question the stewardship of the states over admission to the practice of law. This study uses generalized linear modeling, with a logit link function, to isolate the effect on the Bar passage rates of ABA-approved law schools of three factors: (i) the LSAT scores …

Unpacking The Bar: Of Cut Scores, Competence And Crucibles, Gary S. Rosin

Gary S Rosin

Bar passage rates of first-takers vary widely among both the states and the law schools. State grading practices also vary widely, particularly as to minimum passing scores (“cut scores”) and whether they scale state exam components to the MultiState Bar Exam (“MBE”). The broad ranges of Bar passage rates and of state grading practices call into question the stewardship of the states over admission to the practice of law. This study uses generalized linear modeling, with a logit link function, to isolate the effect on the Bar passage rates of ABA-approved law schools of three factors: (i) the LSAT scores …

Evaluating Goals And Methods Of A Skills Curriculum: Challenges And Opportunities For Law Schools, Harriet N. Katz

Harriet N Katz

Law schools have compelling reasons to begin a process of thoroughly reviewing their skills curriculum. A new ABA Standard for Accreditation, revised in 2005 to mandate skills education for every law student, is now being applied at law school re-accreditation reviews. In addition, EDUCATING LAWYERS, a report by the Carnegie Foundation, and BEST PRACTICES FOR LEGAL EDUCATION, an analysis by law professors, both published in 2007 and distributed nationally, draw critical attention to the methods and goals of law schools’ educational program throughout the curriculum. All three of these important publications emphasize preparing students for practice as competent and ethical …

Government Lawyers And Confidentiality Norms, Kathleen Clark

Kathleen Clark

This article addresses the confidentiality obligations of government lawyers, and how those obligations differ from private sector lawyers. It examines the rather complex question of the identity of a government lawyer’s client, notes that many government lawyers make decisions that are normally reserved for clients, and finds that those lawyers can appropriately consider the public interest in making those decisions. On the specific issue of confidentiality, the article asserts that, as a substantive matter, government lawyers may disclose government wrongdoing and may reveal information that is subject to disclosure under freedom of information laws. But as a procedural matter, state …

Freeriders And Diversity In The Legal Academy, Ediberto Roman, Christopher Carbot

Ediberto Roman

Diversity is a bedrock principle of the legal academy. American law schools have accordingly adopted the principle by virtue of their membership in the professional accrediting organizations of the American Bar Association(ABA) and the American Association of Law Schools(AALS). This article uses empirical analysis as well as microeconomic theory to demonstrate that despite the above pronouncements, one half of American law schools have failed to fully integrate and are thus not abiding by their commitments to the ABA and AALS.

When Is A Battered Woman Not A Battered Woman? When She Fights Back, Leigh Goodmark

Leigh Goodmark

Over the past thirty years, the public, media, and the legal system have coalesced around a stereotypical image of the victim of domestic violence. Before the birth of the battered women’s movement, the assumption was that domestic violence happened to “them”—poor African American women who lived in slums. Advocacy by the battered women’s movement around the idea that domestic violence is endemic in all races, ethnicities, religions and socioeconomic brackets, coupled with the introduction of “battered woman syndrome” and its reliance on the theory of learned helplessness to explain why battered women remained in abusive relationships, changed the portrait of …

Where Lies The Emperor's Robe? An Inquiry Into The Problem Of Judicial Legitimacy, Gregory C. Pingree

Gregory C. Pingree

Gregory C. Pingree Article Abstract

Where Lies the Emperor’s Robe?

An Inquiry Into The Problem of Judicial Legitimacy

Today the American judiciary is, by any reasonable assessment, under attack. In politicians’ pious calls for religious retribution in response to controversial judicial decisions (e.g., in the Terri Schiavo case); in recent state ballot initiatives calling for “Jail-4 Judges” who don’t render decisions ideologically satisfactory to some groups; in the embattled and nearly intractable confirmation process for federal judges; and certainly in the wake of Bush v. Gore, which left many Americans convinced that the judiciary is not the impartial branch it …

Legal Education In The Age Of Cognitive Science And Advanced Classroom Technology, Deborah J Merritt

Deborah J Merritt

Cognitive scientists have made major advances in mapping the process of learning, but legal educators know little about this work. Similarly, law professors have engaged only modestly with new learning technologies like PowerPoint, classroom response systems, podcasts, and web-based instruction. This article addresses these gaps by examining recent research in cognitive science, demonstrating how those insights apply to a sample technology (PowerPoint), and exploring the broader implications of both cognitive science and new classroom technologies for legal education. The article focuses on three fields of cognitive science inquiry: the importance of right brain learning, the limits of working memory, and …

Teaching Legal Profession: Ethics Under The Model Rules, Dennis J. Tuchler

Saint Louis University Law Journal

No abstract provided.

Law Students Who Learn Differently: A Narrative Case Study Of Three Law Students With Attention Deficit Disorder (Add), Leah M. Christensen

Leah M Christensen

Abstract: More law students than ever before begin law school having been diagnosed with a learning disability. As legal educators, do we have an obligation to expand our teaching methodologies beyond the typical law student? What teaching methodologies work most effectively for law students with learning disabilities? The purpose of this study was to examine the perceptions of law students with Attention Deficit Disorder (ADD) about their law school experience. The case study yielded four themes relating to the social, learning and achievement domains of the students. First, law students with ADD experienced feelings of isolation in law school; second, …

Navigating The Article Selection Process: An Empirical Study Of Those With All The Power--Student Editors, Leah M. Christensen, Julie A. Oseid

Leah M Christensen

Abstract: Anyone who enters the legal academy knows the pressure for new law professors to publish or perish. The use of student editors as the “gatekeepers” of legal scholarship is a distinctive feature of the legal academy. Yet, even with student editors holding the keys to academic success, few empirical studies have explored what factors student editors consider most important when making article selection decisions. The study reported in this Article attempts to shed light on this process and provide suggestions for new law professors as they navigate the law review article submission process. The present study examines how law …

A How To Guide For Incorporating Global And Comparative Perspectives Into The Required Professional Responsibility Course, Laurel S. Terry

Faculty Scholarly Works

This article was written for an AALS symposium on "Teaching Legal Ethics" and discusses how to incorporate global and comparative perspectives into the required Professional Responsibility course. The scope of the paper is much broader, however. The first half of the paper explains why global and comparative perspectives are relevant to contemporary law practice. This section explains why global perspectives are relevants to clients and lawyers and explains why lawyer regulators now use a more global approach to regulation than previously. The second half illustrates how one can introduce global and comparative perspectives into a professional responsibility course without taking …

Online Postings Can Be Nightmare For Recruits: In Acting On Google Search Results, However, Law Firms Should Proceed With Caution, Michael D. Mann

Michael D. Mann

No abstract provided.

Google Your Applicants: Prospective Employers Are Increasingly Vetting Candidates' Web Pages, Michael D. Mann

Michael D. Mann

No abstract provided.

Liberal Bias In The Legal Academy: Overstated And Undervalued, Michael Vitiello

Michael Vitiello

Abstract of Liberal Bias in the Legal Academy: Overstated and Undervalued According to the right, universities are hotbeds of radicalism. Critics of universities like David Horowitz have tried to push their agenda through legislation. Until recently, law schools drew little attention. That changed with the publication of a study that appeared in the Georgetown Law Journal; the right now cites the study as evidence that law schools too lean too far to the left. This article examines the debate. First, it examines the Georgetown study and concludes that the study overstates the extent to which law faculties are dominated by …

Instant Background: With Employers Utilizing Google Searches, Job Candidates Discover That They Are What They Post, Michael D. Mann

Michael D. Mann

No abstract provided.

The International Human Rights Committee: The Global Influence Of The City Bar, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Do Judges Systematically Favor The Interests Of The Legal Profession? , Benjamin H. Barton

College of Law Faculty Scholarship

This Article answers this question with the following jurisprudential hypothesis: many legal outcomes can be explained, and future cases predicted, by asking a very simple question, is there a plausible legal result in this case that will significantly affect the interests of the legal profession (positively or negatively)? If so, the case will be decided in the way that offers the best result for the legal profession.

The article presents theoretical support from the new institutionalism, cognitive psychology and economic theory. The Article then gathers and analyzes supporting cases from areas as diverse as constitutional law, torts, professional responsibility, employment …

Do Judges Systematically Favor The Interests Of The Legal Profession? , Benjamin H. Barton

College of Law Faculty Scholarship

This Article answers this question with the following jurisprudential hypothesis: many legal outcomes can be explained, and future cases predicted, by asking a very simple question, is there a plausible legal result in this case that will significantly affect the interests of the legal profession (positively or negatively)? If so, the case will be decided in the way that offers the best result for the legal profession.

The article presents theoretical support from the new institutionalism, cognitive psychology and economic theory. The Article then gathers and analyzes supporting cases from areas as diverse as constitutional law, torts, professional responsibility, employment …

Some Job Hunters Are What They Post, Michael D. Mann

Michael D. Mann

Plug a prospective employee's name into an Internet search engine, and you might be surprised at what you find. Web pages may tell hiring attorneys that the person they just interviewed wrote for an undergraduate newspaper or belonged to a specific sorority, but the Web may also reveal the recent interviewee's drink of choice and dating status. Law firms can use the Internet for their own recruiting needs, says attorney Michael D. Mann, but they should take what they read on the Web with a grain of salt.

The Future Of Women In The Legal Profession: Recognizing The Challenges Ahead By Reviewing Current Trends, Maria P. Lopez

Maria Pabon Lopez

In 2004, the Indiana Supreme Court Race and Gender Commission undertook a large survey of lawyers’ perceptions about women in the legal profession in order to assess which areas of gender bias have improved and which areas could stand improvement. This article takes the data from this survey and interprets its significance for women in the profession and for the justice system overall. The article compares the findings from the 2004 study of Indiana lawyers to the findings of a similar earlier Indiana study (conducted in 1990) and draws conclusions regarding the overall occurrence of gender bias in Indiana along …

Disparities Between Asbestosis And Silicosis Claims Generated By Litigation Screenings And Clinical Studies, Lester Brickman

Lester Brickman

In 2005, U.S. District Court Judge Janis Jack, presiding over an MDL proceeding involving 10,000 claims of silicosis emanating from litigation screenings, issued a 264 page opinion rejecting the reliability of thousands of medical reports generated by those screenings. Before issuing her opinion, she ordered a Daubert hearing to assess the reliability of these medical reports which had been issued by a handful of doctors. In furtherance of this unprecedented use of a Daubert hearing in a mass tort proceeding, she compelled the production of a large volume of evidence, under threat of contempt, that the screening companies and doctors …