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Articles 1 - 23 of 23

Full-Text Articles in Law

The Multi-Purpose Attorney: The Interpreting Attorney-Mediator, Catherine Gramajo Oct 2017

The Multi-Purpose Attorney: The Interpreting Attorney-Mediator, Catherine Gramajo

Pepperdine Dispute Resolution Law Journal

The attorney-mediator may be a beneficial hybrid, but what happens when another layer is added to the attorney's functions? Specifically, what happens when the attorney takes on the role of both mediator and interpreter? Part I will provide a brief overview of the increasing role of attorneys as mediators, as well as an overview of the guidelines for mediators and interpreters. Part II examines the importance of language and culture in mediation, particularly focusing on the vital function of the interpreter in the United States. Given the variety of languages spoken in the United States, interpreters are becoming an essential …


Resolving Time Sensitive Construction Disputes: Are Attorneys Just Getting In The Way?, Jeremy Winter Oct 2017

Resolving Time Sensitive Construction Disputes: Are Attorneys Just Getting In The Way?, Jeremy Winter

Pepperdine Dispute Resolution Law Journal

In addition to promoting the usage of other compelling dispute resolution alternatives such as dispute review boards, this Article advances the argument for marginalizing the over-involvement of and dependence upon zealous adversarial attorneys when attempting to resolve time sensitive construction disputes. More specifically, the remainder of this Article is divided into four main sections. Part II will introduce the construction industry's transactional system through the lens of principal construction professionals, examine the different types of construction contracts, and outline some common time sensitive construction disputes. Part III will provide an overview of alternative dispute resolution's rich connection to the construction …


The Zombie Lawyer Apocalypse, Peter H. Huang, Corie Rosen Felder Jul 2015

The Zombie Lawyer Apocalypse, Peter H. Huang, Corie Rosen Felder

Pepperdine Law Review

This article uses a popular cultural framework to address the near-epidemic levels of depression, decision-making errors, and professional dissatisfaction that studies document are prevalent among many law students and lawyers today. Zombies present an apt metaphor for understanding and contextualizing the ills now common in the American legal and legal education systems. To explore that metaphor and its import, this article will first establish the contours of the zombie literature and will apply that literature to the existing state of legal education and legal practice — ultimately describing a state that we believe can only be termed “the Zombie Lawyer …


Entrepreneurial Esquires In The New Economy: Why All Attorneys Should Learn About Entrepreneurship In Law School, J. Mark Phillips May 2015

Entrepreneurial Esquires In The New Economy: Why All Attorneys Should Learn About Entrepreneurship In Law School, J. Mark Phillips

The Journal of Business, Entrepreneurship & the Law

As the legal industry continues to recover from the shock of the recent recession, it finds itself in a fundamentally different place than it was ten years ago, with even more tumultuous change on the horizon. Economic pressure coupled with continued technological innovation has increased attorney unemployment levels, shifted law firm business models, and changed the expectations of legal clientele. Yet, despite this radically shifting market place, legal education has remained fundamentally unchanged. This article examines the current state of the legal industry through an entrepreneurial lens and juxtaposes it with the current state of legal education. In doing so, …


Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake Apr 2013

Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


So You're Going To Represent A Juvenile!, John R. Heilman Feb 2013

So You're Going To Represent A Juvenile!, John R. Heilman

Pepperdine Law Review

No abstract provided.


Bauguess V. Paine: The Denial Of The Attorney Fee Sanction At The (Mis)Trial Stage, Steven D. Campen Feb 2013

Bauguess V. Paine: The Denial Of The Attorney Fee Sanction At The (Mis)Trial Stage, Steven D. Campen

Pepperdine Law Review

No abstract provided.


Gibson, Dunn & Crutcher V. Superior Court: The Attorney's Right To Cross-Complain For Equitable Indemnification From An Opposing Attorney, Joseph E. Thomas Feb 2013

Gibson, Dunn & Crutcher V. Superior Court: The Attorney's Right To Cross-Complain For Equitable Indemnification From An Opposing Attorney, Joseph E. Thomas

Pepperdine Law Review

No abstract provided.


Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes Feb 2013

Evaluation Of Judicial Performance: A Tool For Self-Improvement, Richard L. Aynes

Pepperdine Law Review

The quality of our judicial system, like other institutions, is a function of the work performed by those who are afforded major roles in the dispensation of justice. Unmistakably. judges, jurors and lawyers assume key roles in this process. Professor Aynes, who is a member of the A.B.A.'s Evaluation of Judicial Performance Committee, recognizes that both judges and lawyers, unlike jurors, are professionals expected to bring more to the bench than honesty, good faith and diligence. The author observes that while efforts to improve the daily performance of attorneys have been well under way since the early 1970's, it i …


Up Or Out And Into The Supreme Court: A Forecast For Hishon V. King And Spalding , Linda Randlett Kollar Jan 2013

Up Or Out And Into The Supreme Court: A Forecast For Hishon V. King And Spalding , Linda Randlett Kollar

Pepperdine Law Review

The author presents an extensive analysis of Title VII in an effort to forecast the forthcoming Supreme Court decision of Hishon v. King and Spalding. Included are the issues presented to the Court, the legislative history of Title VII, the Eleventh Circuit Court of Appeals' decision, and a historical inquiry of the applicable decisions of the Burger Court. Although the outcome of the case has yet to be decided, the author's informed prediction will guide commentaries in the future.


Dispute Resolution In The Northwest , Bryan M. Johnston Jan 2013

Dispute Resolution In The Northwest , Bryan M. Johnston

Pepperdine Law Review

No abstract provided.


Consider Our Consumers, Thomas M. Reavley Jan 2013

Consider Our Consumers, Thomas M. Reavley

Pepperdine Law Review

No abstract provided.


The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin Jul 2012

The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin

Pepperdine Law Review

No abstract provided.


Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation, Roger C. Cramton Apr 2012

Lawyer Ethics On The Lunar Landscape Of Asbestos Litigation, Roger C. Cramton

Pepperdine Law Review

No abstract provided.


A Rejoinder To Lester Brickman: On The Theory Class's Theories Of Asbestos Litigation, Charles Silver Mar 2012

A Rejoinder To Lester Brickman: On The Theory Class's Theories Of Asbestos Litigation, Charles Silver

Pepperdine Law Review

No abstract provided.


The Lawyer's Humble Walk, Mark Osler Mar 2012

The Lawyer's Humble Walk, Mark Osler

Pepperdine Law Review

A growing body of literature addresses the role faith plays in the work of many lawyers. This article argues that humility is the defining characteristic of the lawyer of faith.


Reflections On "Can The Ordinary Practice Of Law Be A Religious Calling?", Moshe Kushman Mar 2012

Reflections On "Can The Ordinary Practice Of Law Be A Religious Calling?", Moshe Kushman

Pepperdine Law Review

No abstract provided.


Contrasting The Vision And The Reality: Core Ethical Values, Ethics Audit And Ethics Decision Models For Attorneys, Arthur Gross Schaefer, Leland Swenson Mar 2012

Contrasting The Vision And The Reality: Core Ethical Values, Ethics Audit And Ethics Decision Models For Attorneys, Arthur Gross Schaefer, Leland Swenson

Pepperdine Law Review

No abstract provided.


Are Lawyers 'Wonderfully Made'?, Kenneth G. Elzinga Mar 2012

Are Lawyers 'Wonderfully Made'?, Kenneth G. Elzinga

Pepperdine Law Review

No abstract provided.


Pepperdine Commencement Speech, Anthony T. Kronman Mar 2012

Pepperdine Commencement Speech, Anthony T. Kronman

Pepperdine Law Review

No abstract provided.


Clients, Courts, And Calling: Rethinking The Practice Of Law, Joseph Allegretti Mar 2012

Clients, Courts, And Calling: Rethinking The Practice Of Law, Joseph Allegretti

Pepperdine Law Review

No abstract provided.


The Attorney-Client Privilege As An Obstacle To The Professional And Ethical Development Of Law Students, Ursula H. Weigold Mar 2012

The Attorney-Client Privilege As An Obstacle To The Professional And Ethical Development Of Law Students, Ursula H. Weigold

Pepperdine Law Review

No abstract provided.


Negotiating Part-Time Work: An Examination Of How Attorneys Negotiate Part-Time Arrangements At Elite Law Firms , Audrey J. Lee Mar 2012

Negotiating Part-Time Work: An Examination Of How Attorneys Negotiate Part-Time Arrangements At Elite Law Firms , Audrey J. Lee

Pepperdine Dispute Resolution Law Journal

This article first provides background information pertaining to recent research on gender in negotiation and prior studies on part-time work at law firms. The author then discusses the methodology and sample of the current study of part-time work arrangements of attorneys at elite law firms in one major metropolitan legal market. Next the article describes the current study's results with respect to whether attorneys viewed this situation as an opportunity to negotiate, measured by their preparation, and whether attorneys' approaches were impacted by the existence of objective criteria, viewed here as the firm's part-time policy. The author then provides prescriptive …