Law Commons^™

Anti-Harassment: Building Law School Policies, Karen Czapanskiy

Karen Czapanskiy

No abstract provided.

Bias Impeachment And The Proposed Federal Rules Of Evidence, John R. Schmertz, Karen Czapanskiy

Karen Czapanskiy

In the fall of 1971 the Supreme Court's Advisory Committee presented to the Court the Proposed Federal Rules of Evidence. The Committee failed to include a rule on impeachment by bias, interest, or prejudice. In failing to include such a rule, the Committee bypassed the opportunity to reconcile a conflict over both the content and methodology of this form of impeachment. The authors, in an attempt to show the need for a rule dealing with bias impeachment, analyze the present decisional conflict in this area. They conclude by proposing a rule designed to add some uniformity to this highly persuasive …

Clinical Legal Education: An Annotated Bibliography (Second Edition), Karen Czapanskiy, J. P. Ogilvy

Karen Czapanskiy

No abstract provided.

Limited Scope Representation: An Experiment In San Diego Housing Court, Lisa Young

Lisa Young

Limited Scope Representation: An Experiment in San Diego Housing Court Abstract By Lisa Young This paper analyses how limited scope representation effects the settlement agreements reached by litigants in San Diego Housing Court. Limited scope representation, also known as “unbundling,” is defined as a form of legal representation where the attorney only represents the client in one part of the client’s case. Limited Scope Representation is growing as a viable response to the significant lack of legal representation for middle- and low-income Americans. This paper is the first scholarship to test whether limited scope representation actually makes a substantive difference …

Comparing Judicial Compensation: Apples, Oranges, And Cherry-Picking, Matthew W. Wolfe

Matthew W. Wolfe

United States Supreme Court Chief Justice John Roberts describes the American judiciary as the envy of other constitutional democracies. But in one respect, the judiciary apparently trails others: judicial pay. Citing higher salaries of judges in other countries, Chief Justice Roberts and Associate Justices Stephen Breyer and Samuel Alito have all argued that inadequate judicial pay leads to a decline in judicial performance and quality. Judicial pay advocates apparently make these comparisons to emphasize that low judicial salaries “threaten” judicial quality and independence or, alternatively, that high judicial salaries “ensure” quality and independence. But the argument is incomplete, relying upon …

Trapped In The Law? How Lawyers Reconcile The Legal And Social Aspects Of Their Work, Hadar Aviram

Hadar Aviram

This Article addresses an immensely important, and often neglected, problem faced by legal practitioners in their daily professional lives: how do legal actors feel, and act, when the cases in which they are involved have evident, and disturbing, socio-economic implications? This situation is particularly uncomfortable for prosecutors, judges, and defense attorneys, whose criminal case workload often reflects much deeper social inequalities and problems, and whose defendant population is characterized by an overrepresentation of disempowered groups. Legal actors who engage daily with "the tip of the social iceberg" in the courtroom are keenly aware of the broader aspects of the problem; …

An Interdisciplinary Framework For Understanding And Cultivating Law Student Enthusiasm, Emily Zimmerman

Emily Zimmerman

Anecdotal evidence abounds about the loss of enthusiasm experienced by law students. Law review articles too note this loss of enthusiasm and the demoralization of law students that occurs during their time in law school. However, although the loss of law student enthusiasm is frequently noted, little has been done to systematically analyze law student enthusiasm. Existing literature does not provide a definition of “law student enthusiasm” or a foundation of theory and research for understanding law student enthusiasm and its significance in legal education.

In an effort to fill the gap in our understanding of law student enthusiasm, this …

"Old And Making Hay:" The Results Of The Pro Bono Institute Survey On The Viability Of A "Second Acts" Program To Transition Attorneys To Retirement Through Pro Bono Work, Kenneth G. Dau-Schmidt

Kenneth G. Dau-Schmidt

In his 1998 Fairchild Lecture, Professor Marc Galanter proposed the idea that senior attorneys should be encouraged to undertake “a second ‘public service’ career” as a way of transitioning to retirement. The logic for encouraging such “Second Acts” in lawyers’ careers is compelling. As Professor Galanter has demonstrated, in the coming years, there will be record numbers of attorneys navigating the transition to retirement as the “Baby Boomers” reach their golden years. This substantial body of highly skilled lawyers could have a significant impact on fulfilling unmet needs for legal representation. If even 5% of the practicing attorneys over sixty-five …

Education For Judicial Aspirants, Keith Fisher

Keith R. Fisher

Introductory judicial education (IJE) is an avenue for improving both appointive and elective systems of judicial selection. The impetus for considering this topic can be traced back to a lingering unease with judicial selection and the ongoing (though now somewhat stagnant) debate over merit selection. Moreover, changes in the nature of law practice and the judicial role over the past several decades have rendered the gap between the two activities increasingly large. IJE is an effort to maximize the chances that judicial selection, by any process, will result in a judiciary composed of competent individuals who are not only philosophically …

The First Amendment And The Legal Profession: Is Silence Golden?, Jan L. Jacobowitz Ms.

Jan L Jacobowitz

No abstract provided.

The First Amendment And The Legal Profession: Is Silence Golden?, Jan L. Jacobowitz Ms.

Jan L Jacobowitz

No abstract provided.

"Old And Making Hay:" The Results Of The Pro Bono Institute Survey On The Viability Of A "Second Acts" Program To Transition Attorneys To Retirement Through Pro Bono Work, Kenneth G. Dau-Schmidt, Esther F. Lardent, Reena Glazer, Kellen Ressmeyer

Kenneth G. Dau-Schmidt

In his 1998 Fairchild Lecture, Professor Marc Galanter proposed the idea that senior attorneys should be encouraged to undertake “a second ‘public service’ career” as a way of transitioning to retirement. The logic for encouraging such “Second Acts” in lawyers’ careers is compelling. As Professor Galanter has demonstrated, in the coming years, there will be record numbers of attorneys navigating the transition to retirement as the “Baby Boomers” reach their golden years. This substantial body of highly skilled lawyers could have a significant impact on fulfilling unmet needs for legal representation. If even 5% of the practicing attorneys over sixty-five …

Gender And The Legal Profession: The Michigan Alumni Data Set 1967-2000, Kenneth G. Dau-Schmidt, Marc S. Galanter, Kaushik Mukhopadhaya, Kathleen E. Hull

Kenneth G. Dau-Schmidt

The entry of women into the legal profession has forever changed both lawyers and the profession. In the brief period since the 1970’s, women have gone from a few brave pioneers constituting 3% of the bar to almost half of all new law students and a third of practicing attorneys. Women have brought to the profession a different set of assets and problems than men, focusing attention on the problem of balancing work and family in a way not previously experienced by the profession. In this study, we use the University of Michigan Law School Alumni Data Set to undertake …

Stalking The Walking Wounded: An Empirical Study Of Lawyer Distress, Work Satisfaction, And Decisionmaking Preferences, Susan Daicoff

Susan Daicoff

Abstract: Attorney distress is an empirically-documented phenomenon. Depression and alcoholism, for example, occur among attorneys at about twice the rate found in the general population. Empirical research also suggests that certain personality attributes and decisionmaking preferences distinguish attorneys from the general population. Previous research had investigated the relationship of lawyer dissatisfaction to certain personality attributes and decisionmaking preferences, as well as the relationship of law student distress to values. Focusing on practicing lawyers, this empirical study investigated the relationship between attorney distress, work dissatisfaction, and two decisionmaking preferences. This study found no relationship between the two decisionmaking preferences and attorney …

Eyes Wide Shut: How Ignorance Of The Common Interest Doctrine Can Compromise Informed Consent, Katharine Schaffzin

Katharine Traylor Schaffzin

The common interest doctrine offers many time and cost-saving advantages to clients. It also carries with it the consequence that counsel representing a party to a common interest group accept ethical or fiduciary responsibilities on behalf of the other members of that group. This pseudo-attorney-client relationship may limit an attorney's abilities to fulfill her ethical obligations to her client. This article explores the mechanisms for protecting the client and the attorney before entering a common interest arrangement.

Beneath The Surface: Metadata, Transparency And The Ethical Use Of Information, Michael Katz

Michael Katz

While the gains from the digital revolution are tremendous in terms of increased efficiency, access to information and searchability, the change in information format has caught some off guard. No longer is data limited to what is available on a piece of paper. Yet there is a price to pay for these gains. Where once a letter’s recipient could not see anything but what the sender openly presented in the letter, today that email, word processing document and spreadsheet all contain additional information not readily visible on their face. Beneath the surface, packed into the file, exists metadata - information …

Why Are Lawyers So Depressed?, Susan Daicoff

Susan Daicoff

No abstract provided.

Lawyer, Be Thyself: An Empirical Investigation Of The Relationship Between The Ethic Of Care, The Feeling Decisionmaking Preference, And Lawyer Wellbeing, Susan Daicoff

Susan Daicoff

No abstract provided.

Real World Legal Experience, Laurie W. Jones

Laurie W. Jones

No abstract provided.