Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Profession (12)
- Law and Society (7)
- Legal Ethics and Professional Responsibility (6)
- Courts (5)
- Legal Education (5)
-
- Judges (4)
- Legal Writing and Research (4)
- Supreme Court of the United States (3)
- Arts and Humanities (2)
- Business (2)
- Civil Law (2)
- Civil Rights and Discrimination (2)
- Constitutional Law (2)
- Criminal Law (2)
- Criminal Procedure (2)
- Immigration Law (2)
- Law and Economics (2)
- Law and Gender (2)
- Litigation (2)
- Securities Law (2)
- Antitrust and Trade Regulation (1)
- Business Administration, Management, and Operations (1)
- Business Law, Public Responsibility, and Ethics (1)
- Business Organizations Law (1)
- Disability Law (1)
- Economics (1)
- Entrepreneurial and Small Business Operations (1)
- Family Law (1)
- Film and Media Studies (1)
- Institution
-
- University of Michigan Law School (8)
- Roger Williams University (3)
- Selected Works (2)
- University of Cincinnati College of Law (2)
- University of Maine School of Law (2)
-
- Western Kentucky University (2)
- Boston University School of Law (1)
- New York Law School (1)
- Nova Southeastern University (1)
- Osgoode Hall Law School of York University (1)
- Schulich School of Law, Dalhousie University (1)
- St. Mary's University (1)
- The Catholic University of America, Columbus School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Miami Law School (1)
- University of Richmond (1)
- University of Washington School of Law (1)
- Walden University (1)
- Wayne State University (1)
- Publication
-
- Articles (5)
- Law & Economics Working Papers (3)
- Faculty Articles and Other Publications (2)
- Life of the Law School (1993- ) (2)
- Maine Law Review (2)
-
- Articles & Chapters (1)
- Book Chapters (1)
- Catholic University Law Review (1)
- Dalhousie Law Journal (1)
- David Jaffe (1)
- FA Finding Aids (1)
- Faculty Scholarship (1)
- Laurel S. Terry (1)
- Law School Blogs (1)
- MSS Finding Aids (1)
- Michigan Law Review (1)
- NSU Law Seminar Series (1)
- Osgoode Hall Law Journal (1)
- St. Mary's Journal on Legal Malpractice & Ethics (1)
- University of Arkansas at Little Rock Law Review (1)
- University of Richmond Law Review (1)
- Walden Dissertations and Doctoral Studies (1)
- Wayne State University Dissertations (1)
- Publication Type
Articles 1 - 30 of 32
Full-Text Articles in Law
Should I Stay Or Should I Go? Gender Gaps In The Lateral Market For Sec Lawyers, Stephen J. Choi, G. Mitu Gulati, Adam C. Pritchard
Should I Stay Or Should I Go? Gender Gaps In The Lateral Market For Sec Lawyers, Stephen J. Choi, G. Mitu Gulati, Adam C. Pritchard
Law & Economics Working Papers
This article examines the gender gap in the lateral market for government lawyers. Using data on lawyers from the Enforcement Division of the Securities and Exchange Commission (SEC), from 2004 to 2016, we find the following: First, gender gaps in pay and promotion appear to be minimal. Second, and confounding the first finding, we find significant gaps in assignments, with men receiving the more challenging and career-enhancing projects. Third, men are more likely than women to move laterally; and when they do, are more likely than the women to move to lucrative private sector jobs.
Rectifying The Tilt: Equality Lessons From Religion, Disability, Sexual Orientation, And Transgender, Chai R. Feldblum
Rectifying The Tilt: Equality Lessons From Religion, Disability, Sexual Orientation, And Transgender, Chai R. Feldblum
Maine Law Review
The joy and the challenge of being located in an academic setting is that I am also able to engage in forays (albeit intermittent forays) into scholarly analysis. Delivering this lecture, and publishing this piece, provides an excellent opportunity for me to engage in such a foray. This piece, then, is a scholarly reflection on my advocacy experiences. My goal is to use my experiences in advocacy as fertile soil from which to create, I hope, a lovely flower of theory and conceptual thought. Before setting out on this endeavor, however, I would like to offer two postulates. There are …
The Public Speaks, Again: An International Study Of Legal Communication, Christopher R. Trudeau, Christine Cawthorne
The Public Speaks, Again: An International Study Of Legal Communication, Christopher R. Trudeau, Christine Cawthorne
University of Arkansas at Little Rock Law Review
No abstract provided.
Lawyer Regulation, Aml, And Fatf's Mutual Evaluations, Laurel S. Terry, José Carlos Llerena Robles
Lawyer Regulation, Aml, And Fatf's Mutual Evaluations, Laurel S. Terry, José Carlos Llerena Robles
Laurel S. Terry
Every Silver Lining Has A Cloud: Defensive Pessimism In Legal Education, Emily Zimmerman, Casey Laduke
Every Silver Lining Has A Cloud: Defensive Pessimism In Legal Education, Emily Zimmerman, Casey Laduke
Catholic University Law Review
This Article presents the results of the first empirical research project to investigate law students’ use of defensive pessimism. Previous researchers have suggested that defensive pessimism may benefit law students academically. Defensive pessimism is a strategy that involves setting low expectations and reflecting extensively on what could go wrong in connection with a future event in order to manage anxiety and improve performance. However, up until now, law students’ use of defensive pessimism has not been empirically studied.
We investigated law students’ use of defensive pessimism. Contrary to the suggestions of other scholars, we did not find statistically significant relationships …
Preface: Annual Survey 2017, Brian M. Melnyk
Preface: Annual Survey 2017, Brian M. Melnyk
University of Richmond Law Review
No abstract provided.
Defense Counsel And Public Defence, Eve Brensike Primus
Defense Counsel And Public Defence, Eve Brensike Primus
Book Chapters
Public-defense delivery systems nationwide are grossly inadequate. Public defenders are forced to handle caseloads that no one could effectively manage. They often have no funding for investigation or expert assistance. They aren’t adequately trained, and there is little to no oversight of their work. In many jurisdictions, the public-defense function is not sufficiently independent of the judiciary or the elected branches to allow for zealous representation. The result is an assembly line into prison, mostly for poor people of color, with little check on the reliability or fairness of the process. Innocent people are convicted, precious resources are wasted, and …
The Shifting Frontiers Of Law: Access To Justice And Underemployment In The Legal Profession, Nandini Ramanujam, Alexander Agnello
The Shifting Frontiers Of Law: Access To Justice And Underemployment In The Legal Profession, Nandini Ramanujam, Alexander Agnello
Osgoode Hall Law Journal
The article examines two interrelated issues attracting attention from the legal academy, the profession, and policy makers: i) the crisis of access to justice among ordinary Canadians, and ii) the increasing number of qualified and underemployed lawyers. This article sets out to understand the interrelated factors underlying these two trends, and explores long-term, accessible solutions to address the misalignment between the supply of underemployed law graduates and a demand for affordable legal services. In response to these twin problems, we examine how legislative reform, open source networks, and the automation of legal work can allow lawyers to create more cost-effective …
Access To Justice Starts In The Library: The Importance Of Competent Research Skills And Free/Low-Cost Research Resources, Deborah K. Hackerson
Access To Justice Starts In The Library: The Importance Of Competent Research Skills And Free/Low-Cost Research Resources, Deborah K. Hackerson
Maine Law Review
Access to justice is an important aspirational goal for everyone in the legal profession. Lawyers, however, cannot provide access to justice without adequate practical skills and the tools necessary to complete their work. Lawyers and law students provide many hours of public and pro bono service every year. With the current state of the economy and the record jobless rate, it is likely that the need for low cost and free legal services will continue to grow. In order to carry out the mission of continuing to provide services to those in need, law students must prepare learn the practical …
Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon
Alternative Business Structures: Good For The Public, Good For The Lawyers, Jayne R. Reardon
St. Mary's Journal on Legal Malpractice & Ethics
There has been a shift in consumer behavior over the last several decades. To keep up with the transforming consumer, many professions have changed the way they do business. Yet lawyers continue to deliver services the way they have since the founding of our country. Bar associations and legal ethicists have long debated the idea of allowing lawyers to practice in “alternative business structures,” where lawyers and nonlawyers can co-own and co-manage a business to deliver legal services. This Article argues these types of businesses inhibit lawyers’ ability to provide better legal services to the public and that the legal …
Judge Kozinski Objects, Beth H. Wilensky
Judge Kozinski Objects, Beth H. Wilensky
Articles
Sitting judges don’t get to practice law. So although they often opine on the dos and don’ts of effective advocacy, we rarely get to see them put their advice into practice. But a few years ago, a class-action lawsuit provided the rare opportunity to witness a federal judge acting as an advocate before another federal judge—if not in the role of attorney, then certainly in as close to that role as we are likely to see. Given the chance to employ his own advice about effective advocacy, would the judge—Alex Kozinski—practice what he preaches? Would his years of experience on …
Leach, Billy (Fa 1040), Manuscripts & Folklife Archives
Leach, Billy (Fa 1040), Manuscripts & Folklife Archives
FA Finding Aids
Finding aid only for Folklife Archives Project 1040. Paper titled "Folklore in the Kentucky Courtroom" in which Billy Leach challenges courtroom stereotypes by collecting anecdotal evidence from a local judge.
The Words Under The Words, Patrick Barry
The Words Under The Words, Patrick Barry
Articles
The words lawyers choose can change the decisions people make. Psychologists call the mechanics of this change “framing.” They’ve found, for example, that more people will decide to have a surgery if they are told that the “survival rate is 90%” than if they are told that the “mortality rate is 10%” — even though a survival rate of 90% is exactly the same as a mortality rate of 10%. They’ve also found that having to pay a “surcharge” for using a credit card rankles people (especially people in the credit card lobby) more than if they were simply told …
The Path To Lawyer Well-Being: Practical Recommendations For Positive Change (The Report Of The National Task Force On Lawyer Well-Being), Part Ii, Recommendations For Law Schools, David Jaffe
David Jaffe
Loving, Hector Voltaire, 1839-1913 (Sc 3123), Manuscripts & Folklife Archives
Loving, Hector Voltaire, 1839-1913 (Sc 3123), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid and full-text typescript (click on "Additional Files" below) for Manuscripts Small Collection 3123. Letter, 31 July 1862, of Hector V. Loving, Bowling Green, Kentucky, to Harlan P. Lloyd, Angelica, New York. He tells his former schoolmate of his law study and practice since graduation from New York’s Hamilton College, and particularly describes the uproar in his home town of Bowling Green, Kentucky at the outbreak of the Civil War: secessionist “treason,” the Confederate occupation, and the rebuilding of the city afterward. He also refers to their classmate and law student Daniel Webster Wright as a “violent” secessionist.
Personal Injury Law, Defense V. Plaintiff: A Return To Civility, Daniel Stiffler, Jamie Finizio Bascombe
Personal Injury Law, Defense V. Plaintiff: A Return To Civility, Daniel Stiffler, Jamie Finizio Bascombe
NSU Law Seminar Series
This particular seminar is designed to educate attorneys on the importance of communicating and navigating a civil case while maintaining a level of professionalism, civility, and integrity to the profession, opposing party, and the court. Learning Outcomes include:
- How to maintain a level of civility while competently represent clients in civil cases in Florida
- Review standards of conduct in the context of a lawyer’s responsibility to perceive and protect the image of the profession
The Florida Bar CLE credits - General 2.0, Ethics 0.5 The Florida Bar Certification Credits - Civil Trial 2.0
Lead Plaintiffs And Their Lawyers: Mission Accomplished, Or More To Be Done?, Adam C. Pritchard, Stephen Choi
Lead Plaintiffs And Their Lawyers: Mission Accomplished, Or More To Be Done?, Adam C. Pritchard, Stephen Choi
Law & Economics Working Papers
This chapter, written for the Research Handbook on Shareholder Litigation, surveys empirical work studying the lead plaintiff provision of the Private Securities Litigation Reform Act (PSLRA). That work finds that the lead plaintiff provision has encouraged institutional investors to participate in securities class actions and that those institutional investors have negotiated lower attorneys' fees. Those benefits from the lead plaintiff provision are undercut, however, by political contributions made by plaintiffs' lawyers. We suggest additional reforms to promote transparency and competition among lawyers for lead plaintiffs. We also suggest reforms to the lead plaintiff provision intended to enhance the screening effect …
On Being A Second: Grace Wambolt, Legal Professionalism And 'Inter-Wave' Feminism In Nova Scotia, Elizabeth Legge
On Being A Second: Grace Wambolt, Legal Professionalism And 'Inter-Wave' Feminism In Nova Scotia, Elizabeth Legge
Dalhousie Law Journal
Grace Wambolt was the fifth female graduate of Dalhousie Law School and the second woman to practise law in Nova Scotia. She was one of the relatively few female lawyers in Canada (up to the influx of the nineteen-seventies) who practiced law following the push by the first female lawyers for the elimination of formal barriers to practice. This paper examines the similarities and differences between the "firsts" and those who followed them, primarily by looking at the life of Wambolt and her letters and speeches preserved in the Wambolt fonds located in the Nova Scotia Archives and donated by …
Newroom: From The Bronx To Haiti: Asb 3-16-2017, Roger Williams University School Of Law
Newroom: From The Bronx To Haiti: Asb 3-16-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Newsroom: Huffpost: Mancheno '13 Battles Muslim Ban 3-16-2017, Christopher Mathias, Omar Kasrawi, Roger Williams University School Of Law
Newsroom: Huffpost: Mancheno '13 Battles Muslim Ban 3-16-2017, Christopher Mathias, Omar Kasrawi, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Brief Of The National Association Of Criminal Defense Lawyers, Et Al As Amici Curiae Supporting Petitioner, Mcwilliams V. Dunn (U.S. March 6, 2017) (No. 16-5294)., Janet Moore
Faculty Articles and Other Publications
We submit this brief to make three important points. First, Ake itself clearly and unambiguously held as a matter of due process that indigent capital defendants must be provided with independent expert assistance upon a reasonable showing of need. The Court was unanimous on this point and swept aside aging precedent that had held provision of neutral assistance was adequate.
Second, Ake was hardly a revolutionary decision. As the Court noted, many states already provided expert assistance. In the first six years after Ake, numerous states explicitly held independent expert assistance must be provided upon an adequate showing of need. …
Trending @ Rwu Law: Dean Yelnosky's Post: 24: Dean Style 3-6-2017, Michael Yelnosky
Trending @ Rwu Law: Dean Yelnosky's Post: 24: Dean Style 3-6-2017, Michael Yelnosky
Law School Blogs
No abstract provided.
Brief Of The National Association For Public Defense, Et Al As Amici Curiae Supporting Petitioner, Christeson V. Roper (U.S. January 30, 2017) (No. 16-7730)., Janet Moore
Faculty Articles and Other Publications
This case involves federal courts doubling down on the effective denial of counsel to a severely mentally impaired capital habeas petitioner on the eve of his execution, thereby preventing the full and fair litigation of an issue that demands this Court’s attention: the role played by a petitioner’s mental impairment in determining whether equitable tolling applies to the statute of limitations for filing a habeas petition. This Court should grant the petition to address whether the denial of adequate funding in this case constituted a constructive denial of the right to counsel required by the capital representation statute, 18 U.S.C. …
Sec Enforcement Attorneys: Should I Stay Of Should I Go?, Adam C. Pritchard, Stephen J. Choi
Sec Enforcement Attorneys: Should I Stay Of Should I Go?, Adam C. Pritchard, Stephen J. Choi
Law & Economics Working Papers
We examine the career paths of attorneys in the Enforcement Division at the SEC. Using a variety of performance metrics, we find evidence that long term lawyers and lawyers in regional offices do not perform as well as other SEC attorneys. We also report that men and women may differ in their career paths in this field. We find that early-stage female attorneys perform just as well as male attorneys. Notwithstanding their comparable performance, these early-stage women are less likely to get a raise or promotion. We find that women are more likely to stay at the SEC, at least …
Can Government Lawyers Be Heroes?, Rebecca Roiphe
Can Government Lawyers Be Heroes?, Rebecca Roiphe
Articles & Chapters
No abstract provided.
Does Tort Reform Affect The Market For Lawyers? Evidence From The U.S States., Ablaye Camara
Does Tort Reform Affect The Market For Lawyers? Evidence From The U.S States., Ablaye Camara
Wayne State University Dissertations
This paper investigates the determinants of the market for lawyers with a focus on demand variables including tort reform laws. In this study, I used the Feasible Generalized Least Squared method and a Panel Corrected Standard Error method, with year and State identifiers applied to a panel of U.S states, to estimate the determinants of the Number of Lawyers. I also used the Fixed Effect model with year and state identifiers to evaluate the effects of these determinants on the Earnings of Lawyers.
The findings show that the Lagged Number of Lawyers and the Lagged Alternative Earnings are both significant …
Relationships Between Critical Business Performance Variables And Solo Criminal Law Practitioners Success, Renee Norris-Jones
Relationships Between Critical Business Performance Variables And Solo Criminal Law Practitioners Success, Renee Norris-Jones
Walden Dissertations and Doctoral Studies
Growing numbers of America's 1,281,432 active licensed attorneys open their own law firms due to strained employment opportunities. With 50% of small businesses failing within 5 years, and solo law offices accounting for 75% of attorneys in private practice, there is a need for preparing solo criminal law practitioners for business success. Some solo criminal law practitioners do not understand the critical business performance variables that impact small business success. The total population for this quantitative correlational study included solo criminal law practitioners from the Philadelphia Bar Association Legal Directory and Pennsylvania Association of Criminal Defense Lawyers members. Barney's resource-based …
Model Rule 5.7 And Lawyers In Government Jobs - How Can They Ever Be Non-Lawyers, Hugh D. Spitzer
Model Rule 5.7 And Lawyers In Government Jobs - How Can They Ever Be Non-Lawyers, Hugh D. Spitzer
Articles
This article focuses on the application of the Rules of Professional Conduct to licensed attorneys who serve in non-lawyer jobs in government. There is a fair amount of literature about members of the bar who serve as staff counsel in legislatures or executive agencies. There is also literature on Rule 5.7 of the ABA Model Rules of Professional Conduct (“Responsibilities Regarding Law-related Services”) in the context of practicing lawyers who participate in ancillary “non-lawyering” business activities. Model Rule 5.7 deals with “services that might reasonably be performed” or “are related to the provision of legal services” but which are permitted …
Addressing Cultural Bias In The Legal Profession, Debra Chopp
Addressing Cultural Bias In The Legal Profession, Debra Chopp
Articles
Over the past two decades, there has been an outpouring of scholarship that explores the problem of implicit bias. Through this work, commentators have taken pains to define the phenomenon and to describe the ways in which it contributes to misunderstanding, discrimination, inequality, and more. This article addresses the role of implicit cultural bias in the delivery of legal services. Lawyers routinely represent clients with backgrounds and experiences that are vastly different from their own, and the fact of these differences can impede understanding, communication, and, ultimately, effective representation. While other professions, such as medicine and social work, have adopted …
Federal Review Of State Criminal Convictions: A Structural Approach To Adequacy Doctrine, Eve Brensike Primus
Federal Review Of State Criminal Convictions: A Structural Approach To Adequacy Doctrine, Eve Brensike Primus
Michigan Law Review
Modern state postconviction review systems feature procedural labyrinths so complicated and confusing that indigent defendants have no realistic prospect of complying with the rules. When defendants predictably fail to navigate these mazes, state and federal courts deem their claims procedurally defaulted and refuse to consider those claims on their merits. As a result, systemic violations of criminal procedure rights—like the right to effective counsel—persist without judicial correction.
But the law contains a tool that, if properly adapted, could bring these systemic problems to the attention of federal courts: procedural adequacy. Procedural adequacy doctrine gives federal courts the power to ignore …