Law Commons^™

I Limiti Alla Pubblicità Dell'avvocato Nell'ordinamento Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Warren County Bar Association - Warren County, Kentucky (Sc 2399), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid and scan (Click on "Additional Files" below) for Manuscripts Small Collection 2399. Memorial resolution of Warren County Bar Association on the death of William H. Sterrett, an officer of the county court.

Domestically Violent Attorneys: Resuscitating And Transforming A Dusty, Old Punitive Approach To Attorney Discipline Into A Viable Prescription For Rehabilitation, Ignascio G. Camarena Ii

Golden Gate University Law Review

This Comment will discuss (1) the prevalence of domestic violence in America, (2) the governmental responses to domestic violence, and (3) preserving the integrity of the legal profession. This Comment will then focus on how disciplinary courts have treated domestically violent attorneys. Part III examines the murky judicial approach to disciplining domestically violent attorneys, and Part IV criticizes that approach. Finally, Part V sets forth a proposal to cure the ill effects of the current approach, by injecting a greater degree of uniformity, ease, predictability and certainty into the disciplinary process.

Standing Committee On Discipline V. Yagman: The Ninth Circuit Provides Substantial First Amendment Protection For Attorney Criticism Of The Judiciary, Jeffrey A. White

Golden Gate University Law Review

In Standing Committee on Discipline of the United States District Court for the Central District of California v. Yagman, the Ninth Circuit Court of Appeals held that an attorney who publicly criticized a federal judge did not commit sanctionable conduct. In determining whether the attorney, Stephen Yagman, had violated a local rule of professional conduct for lawyers, the court applied a "reasonable attorney" standard, rather than a subjective malice standard. The court held that Yagman's statements, in light of this higher standard, did not violate the rule's prohibition against impugning the integrity of the court. The Ninth Circuit also held …

Lawyers, Clients And Sex: Breaking The Silence On The Ethical And Liability Issues, Caroline Forell

Golden Gate University Law Review

This paper examines the existing case law concerning attorney-client sexual relationships and the current ethical rules which may be implicated. Because of the inadequacies in the present system, and the serious harm caused to both women clients and the Bar by these inadequacies, I propose changes in how lawyers regulate themselves and how others are compensated for lawyer's sexual misconduct.

Testamentary Designations Of Attorneys And Other Employees, Jean Fleming Powers

Golden Gate University Law Review

This article sets forth a clear, principled analysis by which many of the problems in will construction can be alleviated. Such an analysis requires appropriate consideration of the testator's intent, his freedom to create conditions in the will, and the relationship between the two. Under this type of analysis, the result is not dictated by the nature of the employment. However, the type of employment has some influence on the result, since it has some bearing on the testator's intent. As is so often the case concerning written legal documents, the problems can be virtually eliminated by drafting with an …

Criminal Law And Procedure, Elisa R. Paisner, Michael S. Williams

Golden Gate University Law Review

No abstract provided.

It's Not Funny: Creating A Professional Culture Of Pro Bono Commitment, Douglas L. Colbert

Douglas L. Colbert

Professor Colbert challenges the popular view that regards lawyers as selfish, greedy and uncaring to the legal needs of the outside community. In his article, he recognizes that the lawyers with whom he is familiar are fulfilling the lawyer’s ethical obligation of engaging in pro bono service and “provid[ing] legal services to those unable to pay,” while also embracing the language in the Preamble to the Model Rules of Professional Conduct that refers to the attorney “as a public citizen who has a special responsibility to the quality of justice.” Professor Colbert asks colleagues in the legal academy whether they …

Toward A New Ethical Standard Regulating The Private Practice Of Former Government Lawyers, Barbara G. Mance

Golden Gate University Law Review

This comment advocates the elimination of the "appearance of impropriety" as a legal and ethical standard governing the disqualification of former government lawyers and urges the ABA to adopt Rule LIP of the proposed Model Rules of Professional Conduct. Model Rule 1.11, Successive Government and Private Employment, provides a comprehensible, precise ethical rule regulating the post-government practice of lawyers in conformity with federal statute and regulation.

Rorie, Wendell H. (Sc 2322), Manuscripts & Folklife Archives

MSS Finding Aids

Finding aid only for Manuscripts Small Collection 2322. Paper by Wendell H. Rorie titled "The Diary: My Legal Journey with Herman Southall" and presented to the Athenaeum Society in Hopkinsville, Kentucky. The paper describes Rorie's personal and professional relationship with Southall, a Hopkinsville attorney, and includes anecdotes about other local attorneys and legal matters.

Lawyers' Ideal Psychological Type Preferences, Marko Novak

Marko Novak

By indicating typical characteristics of certain areas of law, it seems that we are able to indicate some ideal preferences that persons that are engaged in such have or should have. Moreover, when some specific characteristics are emphasized as typical, and if as such they have been proved historically as important for the well-functioning of a legal field, then such can be called preferred or even ideal. Thus, in this article, I am trying to indicate those preferences in lawyer’s psychological types that make them good lawyers generally, and also specifically regarding their special area of interest within law.

Gender And Justice: The Experience Of Female Lawyers In Indiananapolis, Jessica Louise Nelson

Undergraduate Honors Thesis Collection

"Gentleman M.B". is recorded in United States history as far back as 1638, and was a successful landowner, local leader, and attorney to the governor. What is not translated is that this gentleman was, in fact, a woman: Margaret Brent was the first known female attorney, and would be the only one allowed entrance to the Bar for more than 200 years. Even though centuries later, in 1869, Myra Bradwell (Illinois), Mary Magoon (Iowa) and Belle Mansfield (Iowa) gained access to the legal community, women remained an outcast minority until very recently. A mere two percent of the profession was …

Heirs Of Martí: The Story Of Cuban Lawyers, Victoria Quintana

University of Miami International and Comparative Law Review

No abstract provided.

The Soul Of The Profession, Mario M. Cuomo

Pace Law Review

No abstract provided.

Misunderstanding Lawyers' Ethics, Monroe H. Freedman, Abbe Smith

Michigan Law Review

The title of Daniel Markovits's book, A Modern Legal Ethics, gives the impression that it is a comprehensive treatise on contemporary lawyers' ethics. The contents of the book, however, are both more limited and more expansive than the title suggests. Markovits's treatment of lawyers' ethics concerns itself with what he conceives to be the pervasive guilty conscience of practicing lawyers over their "professional viciousness" (p. 36), and how lawyers can achieve a guilt-free professional identity "worthy of ... commitment" (p. 2). Markovits's goal in the book is to "articulat[e] a powerful and distinctively lawyerly virtue" (p. 2), one that …

Lawyering At The Intersection Of Public Law And Legal Ethics: Government Lawyers As Custodians Of The Rule Of Law, Adam M. Dodek

Dalhousie Law Journal

Government lawyers are significant actors in the Canadian legal profession, yet they are largely ignored by regulators and by academic scholarship. The dominant view of lawyering fails to adequately capture the unique role of government lawyers. Government lawyers are different from other lawyers by virtue of their role in creating and upholding the rule of law Most accounts of government lawyers separate public law duties of government from ethical duties of lawyers; for example, acknowledging the "public interest" role ofgovernment lawyers but asserting that this has no impact on their ethical duties as lawyers. Instead of this compartmentalized approach, this …

Teaching Professional Ethics To Lawyers And Mediators Using Active Learning Techniques, Paula M. Young

Paula Marie Young Prof.

It's Not Funny: Creating A Professional Culture Of Pro Bono Commitment, Douglas L. Colbert

Faculty Scholarship

Professor Colbert challenges the popular view that regards lawyers as selfish, greedy and uncaring to the legal needs of the outside community. In his article, he recognizes that the lawyers with whom he is familiar are fulfilling the lawyer’s ethical obligation of engaging in pro bono service and “provid[ing] legal services to those unable to pay,” while also embracing the language in the Preamble to the Model Rules of Professional Conduct that refers to the attorney “as a public citizen who has a special responsibility to the quality of justice.” Professor Colbert asks colleagues in the legal academy whether they …

Argument, Analogy, And Audience: Using Persuasive Comparisons While Avoiding Unintended Effects, Bruce Ching

Journal Articles

No abstract provided.

Lawfare And Counterlawfare: The Demonization Of The Gitmo Bar And Other Legal Strategies In The War On Terror, David J. R. Frakt

Case Western Reserve Journal of International Law

No abstract provided.

Foreword: The New Era- Quo Vadis?, John Sahl

Akron Law Faculty Publications

The Inaugural MBI Symposium’s twenty-six participants highlight many important developments and challenges caused by MJP and new technologies. Their assessments and suggestions provide a helpful roadmap for lawyers and regulators to negotiate the increasingly complex, fast-paced, and ethically risky landscape for delivering legal services. Several panelists suggested regulatory reforms that range from the creation of a regulatory framework for lawyers engaged in crossborder practice to the creation of standards for the supervision of offshore outsourced legal services268 and the mining of metadata. Some of the panelists’ suggestions and reforms are especially important given the “high [financial] stakes” involved in the …

Entertainment Law - The Specter Of Malpractice Claims And Disciplinary Actions, Jack P. Sahl

Marquette Sports Law Review

No abstract provided.

An Introduction To The Financial Action Task Force And Its 2008 Lawyer Guidance, Laurel S. Terry

Journal Articles

The Financial Action Task Force (FATF) is a thirty-eight-member intergovernmental organization whose mission is to fight money laundering and terrorism financing; the U.S. is a founding member of the FATF. The FATF is best known for its 40 Recommendations, many of which are directed towards various kinds of “gatekeepers” who are in a position to facilitate or inhibit money laundering and terrorism financing. (These were previously known as the 40+9 Recommendations). Lawyers are among those to whom the FATF’s recommendations apply. This article provides the introduction for the Journal of the Professional Lawyer’s Symposium about the application of the FATF …

Foreword: The New Era- Quo Vadis?, John Sahl

John Sahl

The Inaugural MBI Symposium’s twenty-six participants highlight many important developments and challenges caused by MJP and new technologies. Their assessments and suggestions provide a helpful roadmap for lawyers and regulators to negotiate the increasingly complex, fast-paced, and ethically risky landscape for delivering legal services. Several panelists suggested regulatory reforms that range from the creation of a regulatory framework for lawyers engaged in crossborder practice to the creation of standards for the supervision of offshore outsourced legal services268 and the mining of metadata. Some of the panelists’ suggestions and reforms are especially important given the “high [financial] stakes” involved in the …

A Hidden Crisis: The Need To Strengthen Representation Of Parents In Child Protective Proceedings, Vivek Sankaran

Articles

A national consensus is emerging that zealous legal representation of parents is crucial in ensuring that the child welfare system produces just outcomes for children. National groups, inclucing the Pew Commission on Children in Foster Care, the American Bar Association Center on Children and the Law, and the National Association of Counsel for Children, have been outspoken on the need to strengthen legal advocacy on behalf of parents, and a number of states-including Colorado, Connecticut,' and Washington7 have initiated efforts to comprehensively reform their systems of appointing lawyers for indigent parents to better serve families. A national movement is afoot …

A Structural Vision Of Habeas Corpus, Eve Brensike Primus

Articles

As scholars have recognized elsewhere in public law, there is no hermetic separation between individual rights and structural or systemic processes of governance. To be sure, it is often helpful to focus on a question as primarily implicating one or the other of those categories. But a full appreciation of a structural rule includes an understanding of its relationship to individuals, and individual rights can both derive from and help shape larger systemic practices. The separation of powers principle, for example, is clearly a matter of structure, but much of its virtue rests on its promise to help protect the …

Litigation Strategies For Dealing With The Indigent Defense Crisis, Eve Brensike Primus

Articles

The indigent defense delivery system in the United States is in a state of crisis. Public defenders routinely handle well over 1,000 cases a year, more than three times the number of cases that the American Bar Association says one attorney can handle effectively. As a result, many defendants sit in jail for months before even speaking to their court-appointed lawyers. And when defendants do meet their attorneys, they are often disappointed to learn that these lawyers are too overwhelmed to provide adequate representation. With public defenders or assigned counsel representing more than 80% of criminal defendants nationwide, the indigent …

Attorneys As Arbitrators, Adam C. Pritchard, Stephen J. Choi, Jill E. Fisch

Articles

We study the role of attorneys as arbitrators in securities arbitration. We find that arbitrators who also represent brokerage firms or brokers in other arbitrations award significantly less compensation to investor-claimants than do other arbitrators. We find no significant effect for attorney-arbitrators who represent investors or both investors and brokerage firms. The relation between representing brokerage firms and arbitration awards remains significant even when we control for political outlook. Arbitrators who donate money to Democratic political candidates award greater compensation than do arbitrators who donate to Republican can-didates. We also study the dynamics of panel interaction. We find that the …

"Talkin' 'Bout Law's Generations: An Empirical And Jurisprudential Investigation Into The Reading Of Legal Cases By Different Generations Of Lawyers", Marett Leiboff

Faculty of Law - Papers (Archive)

The Australian TV comedy quiz show, Talkin’ ‘bout your generation, pits the knowledge of three different teams of generations against each other. Like a highlystrung game of trivial pursuit, the show’s comedy darkly exposes the speed with which knowledge, language and meaning is lost and misinterpreted across and between generations. This pilot study, Talkin’ ‘bout law’s generations takes its cue from its namesake, by discovering if legal interpretation is similarly affected. But the character of legal interpretation being explored is not uni-dimensional, and is instead exploring if (and how) social, political, historical and linguistic knowledge is deployed by its interpreters. …

The Evolution Of J.D. Programs--Is Non-Traditional Becoming More Traditional?: The Keynote Address Of The Southwestern Law Review Conference, David E. Van Zandt

Faculty Working Papers

Dean David Van Zandt presented the keynote address at the 2009 Southwestern Law Review symposium, "The Evolution of J.D. Programs: Is Non-Traditional Becoming MoreTraditional?" The best legal education must focus on preparing students for 21st-Century legal careers. Law schools need to know about the external market that they serve; they must continuously look for the best methods of teaching the skills this market will demand; and they must focus on outcomes. This means focusing on the competencies a law student has once he or she graduates from law school. Northwestern University School of Law recently completed a major strategic planning …