Law Commons^™

In Memoriaum: Val Nolan Jr., Jd'49

Val Nolan Jr. (1976 Acting; 1980 Acting)

No abstract provided.

Vol. 6, No. 02 (May/June 2008)

Indiana Law Update

No abstract provided.

What's In A Name? A Gen Xer And Gen Yer Explore What It Means To Be Members Of Their Generations In The Workplace, Lauren M. Collins, Elizabeth A. Yates

Law Faculty Articles and Essays

In the NextGen Librarian's Survival Guide by Rachel Singer Gordon, the author cites several reasons this time is different than times before in librarianship. Those that are most relevant to law librarianship include:

• Flattening workplace hierarchies and participative management increase the input of newer librarians in workplace decision making

• New technologies require changing skills that affect attitudes toward the integration of those technologies into our daily work

• Outside pressures, such as the prevalence of the Internet, impose a need for librarians to continually prove our relevance and improve relations with younger patrons

• The much talked about …

Clark Memorandum: Spring 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• On Being Ethical Lawyers (Sandra Day O'Connor)
• On the Wings of My Fathers (Larry Echo Hawk)
• The Relevance of Religious Freedom (Michael K. Young)
• A Walk by Faith (Elder Bruce C. Hafen)

Guiding Litigation: Applying Law To Facts In Germany, James Maxeiner

All Faculty Scholarship

"Judges should apply the law, not make it." That plea appears perennially in American politics. American legal scholars belittle it as a "simple-minded demand" that is "silly and misleading. It is not; it is what the public rightly expects from law. H.L.A. Hart, reminded U.S. jurists that "conventional legal thought in all countries conceives as the standard judicial function: the impartial application of determinant existing rules in the settlement of disputes."

This essay discusses the German method of judicial applying of law to facts. called, in German, the "Relationstechnik," that is, in English, literally "relationship technique." This essay shows how …

Student Stories, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Memo To Lawyers: How Not To Retire And Teach, Jeffrey M. Lipshaw

North Carolina Central Law Review

No abstract provided.

Volume 32, Issue 1 (Spring 2008)

Transcript

No abstract provided.

Spring 2008

Alumni News

No abstract provided.

Nolan, Val Jr.

Val Nolan Jr. (1976 Acting; 1980 Acting)

No abstract provided.

An Appreciation Of Marc Galanter's Scholarship, John M. Lande

Faculty Publications

This brief essay highlights three of Marc Galanter's works to illustrate qualities that seem especially worth emulating. Galanter's classic article, Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change, focuses on how the legal system actually operates in daily life and challenges a conventional wisdom that simply providing have-nots with more lawyers would substantially reduce inequality. The article is particularly relevant to the dispute resolution field, focusing on the vast majority of legally-oriented behavior that occurs outside of court. It distinguishes truly private dispute resolution (such as self-help, withdrawal from relationships, and intra-group processes) from settlement …

Law, Biology Professor Val Nolan Dies

Val Nolan Jr. (1976 Acting; 1980 Acting)

No abstract provided.

The Paradox Of Legal Expertise: A Study Of Experts And Novices Reading The Law, Leah M. Christensen

Brigham Young University Education and Law Journal

No abstract provided.

Vol. 6, No. 01 (March/April 2008)

Indiana Law Update

No abstract provided.

Red Light, Green Light: Assessing The Stop And Go In The Advancement Of Women In The Legal And Business Sectors, Megan Erb

William & Mary Journal of Race, Gender, and Social Justice

The purpose of this note is to identify the problems professional women have in building a career while caring for a family, and to provide the basis for creating a solution. Part I of this note addresses the various types of problems that force women out of the workplace, as well as the difficulties women have in reentering the job market. Part II of this note compares the alternative work schedules offered in the legal and business communities. Part III focuses on the success the business firms have had, with the help of business schools, in finding a practical solution …

More Than Just Law School: Global Perspectives On The Place Of The Practical In Legal Education, James Maxeiner

All Faculty Scholarship

Foreign experiences remind us that legal education is not just law school. They inform us that we should seek for ways not just to integrate theoretical and practical teaching, but to assure that our students or our graduates get real experience with practice. The assumption that law schools are the exclusive place for preparation for the profession of law is bad for students, bad for bar, bad for law schools, bad for the legal system and bad for society. We should look to see what we can do best and should encourage other institutions to do what they can do …

Legal Education In North Carolina: A Report For Potential Students, Lawmakers, And The Public, William D. Henderson, Andrew P. Morriss

Articles by Maurer Faculty

No abstract provided.

See Erie: Critical Study Of Legal Authority, Kris Franklin

Articles & Chapters

No abstract provided.

The Model Rules Of Professional Conduct And Serving The Non-Legal Needs Of Clients: Professional Regulation In A Time Of Change, Robert Rubinson

All Faculty Scholarship

The practice of law is changing. Lawyers who act solely as advocates and zealous representatives of clients in legal matters still represent the core of what lawyers do and of how many lawyers see their work, but other trends are filtering into "on the ground" practice. Increasing numbers of lawyers are mediating, consulting on traditionally non-legal issues, and approaching clients' needs "holistically" by associating with and integrating other professional services. These trends cut across virtually all segments of the profession, from prosecutors and criminal defense lawyers, to lawyers whose practices involve, among other things, public interest work, personal injury, family …

Baby, Look Inside Your Mirror: The Legal Profession's Willful And Sanist Blindness To Lawyers With Mental Disabilities, Michael L. Perlin

Articles & Chapters

The legal profession has notoriously ignored the reality that a significant number of its members exhibit signs of serious mental illness (and become addicted or habituated to drugs or alcohol at levels that are statistically significantly elevated from levels of the public at large). This is no longer news. What has not been explored is why so much of the bar has remained willfully ignorant of these realities, and why it refuses to confront the depths of this problem.

The roots of this puzzle are found in the social attitude of sanism, an irrational prejudice of the same quality and …

True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies

Law Faculty Scholarship

Ideological agendas distort the deliberation required for sound legal advice about national security. Elite government lawyers after September 11 advanced a theory at the expense of context, labeling legal constraints as "lawfare" against American interests. The lawfare critics failed to recognize that legal constraints can empower decision makers by reinforcing reputational and other long-term values. They also failed their history test, ignoring the lessons of presidents from Jefferson to Kennedy who rejected a rigid adherence to ideology in the national security realm. By discounting context, the construction of the lawfare paradigm produced dire results, including the torture memos drafted by …

Does Civility Matter?, Alice Woolley

Osgoode Hall Law Journal

Recent discussion of legal ethics in Canada has focused on the importance of "civility" as a fundamental value and goal of ethical conduct. This comment questions that focus. After defining the content of "civility' and reviewing its treatment in these initiatives by both the law societies and the courts, the author suggests that the emphasis on civility is misplaced. Focusing on civility has the undesirable tendency to impede lawyer reporting of misconduct by other lawyers and potentially undermines the effective representation of client interests. It also shifts emphasis away from the ethical values that should be the focus of our …

Diversity Matters: Aba Lpm Section Addresses Firm Management's Role, Joan R. M. Bullock

Journal Publications

Law firms must address the individual perceptions of their attorneys with respect to diversity issues so that everyone's contributions to the firm's mission and bottom line are acknowledged and valued.

The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Working Around The Withdrawal Agreement: Statutory Evidentiary Safeguards Negate The Need For A Withdrawal Agreement In Collaborative Law Proceedings, Jennifer M. Kuhn

Campbell Law Review

This Comment will proceed by: (I) comparing state collaborative law statutes; (II) evaluating the current ethical climate surrounding withdrawal agreements in collaborative law; (III) considering the purpose of the withdrawal agreement and how evidentiary safeguards can provide the same incentives; and finally, concluding that statutory evidentiary safeguards eliminate the need for a mandatory withdrawal agreement in the collaborative law setting.

'No Right To Judge': Feminism And The Judiciary In Third Republic France, Sara L. Kimble

School of Continuing and Professional Studies Faculty Publications

No abstract provided.

Structure And Integrity, Susan Carle

Articles in Law Reviews & Other Academic Journals

In this Review Essay of David Luban's Legal Ethics and Human Dignity, I argue that although Professor Luban has not had much to say until now about "structural" concerns - namely, how lawyers' locations within institutions that organize access to power shape or should shape those lawyers' conduct - in his most recent work, another approach slips in as a supplement to his individualist framework. In this emerging supplement, structural concerns become increasingly important. Although individual integrity continues to matter most in Professor Luban's world view, it increasingly matters in the context of structural relations in which lawyers' ethical duties …

Dear Alumni And Friends:, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford

Faculty Publications

This paper addresses the main intellectual property consequences of practicing law and whether attorneys can prevent others from using their work-product. The article does not assume that the reader is an expert in intellectual property law; instead, it is designed to answer the types of questions practitioners have about their rights.

The Movement Toward Early Case Handling In Courts And Private Dispute Resolution, John Lande

John Lande

This article identifies early case handling (ECH) as an important general phenomenon in dispute system design theory and practice, catalogs the major ECH processes, and urges practitioners and policymakers to encourage use of and experimentation with ECH processes when appropriate. The key element of ECH is that people intentionally exercise responsibility for handling the case from the outset. ECH processes in courts include early case management procedures, differentiated case management systems, early neutral evaluation, and other early alternative dispute resolution (ADR) processes. ECH in the private sector includes ADR pledges and contract clauses, early case assessment and ADR screening protocols, …