Law Commons^™

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

Publications

This Article uses a popular cultural framework to address the near-epidemic levels of depression, decision-making errors, and professional dissatisfaction that studies have documented are prevalent among 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 Apocalypse." …

Why Cops Lie, Peter Keane

Publications

Police officer perjury in court to justify illegal dope searches is commonplace. One of the dirty little not-so-secret secrets of the criminal justice system is undercover narcotics officers intentionally lying under oath. It is a perversion of the American justice system that strikes directly at the rule of law. Yet it is the routine way of doing business in courtrooms everywhere in America.

Can Compassionate Practice Also Be Good Legal Practice?: Answers From The Lives Of Buddhist Lawyers, Deborah J. Cantrell

Publications

What does it mean to say that one is a "good lawyer" in the United States? The dominant view is that a lawyer is a zealous advocate owing loyalty to, and taking direction from, the client. The lawyer is singularly focused and hyper-rationality is prized. This article challenges that narrative. Using the real lives of a group of lawyers across the United States, this article offers rich and nuanced descriptive data about the possibilities of "good lawyering" through compassion, equanimity, and an expanded notion of honesty. This article contributes importantly to the debate about what it means to be a …

Emotional Adaptation And Lawsuit Settlements, Peter H. Huang

Publications

In Hedonic Adaptation and the Settlement of Civil Lawsuits, Professors John Bronsteen, Christopher Buccafusco, and Jonathan Masur note an unexplored aspect of protracted lawsuits: During prolonged litigation tort victims can adapt emotionally to even permanent injuries, and therefore are more likely to settle--and for less--than if their lawsuits proceeded faster. This Response demonstrates that this is a facile application of hedonic adaptation with the following three points. First, people care about more than happiness: Tort victims may sue to seek justice or revenge; emotions in tort litigation can be cultural evaluations; and people are often motivated by identity and …

The Ethics Of Collaborative Law, Scott R. Peppet

Publications

The practice of Collaborative Law - in which both parties agree that should their case fail to settle, both lawyers will be disqualified from proceeding to court - has grown rapidly in the family bar over the last decade. At the same time, the ethics of this practice have been called into question. Competing ethics opinions in 2007 - from the Colorado Bar Association and the American Bar Association - alternately ban and permit the practice. This Article tries to clarify the underlying ethical issues in Collaborative Law, arguing that much confusion has resulted from imprecise understandings of what the …

The (New) Ethics Of Collaborative Law, Scott R. Peppet

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No abstract provided.

Colorado Ethics Opinion 115: Next Steps For Colorado's Collaborative Lawyers, Scott R. Peppet

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No abstract provided.

"Remarkable Stratagems And Conspiracies": How Unscrupulous Lawyers And Credulous Judges Created An Exception To The Hearsay Rule, Marianne Wesson

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This paper, a companion piece to the author's earlier exploration of the case of Mutual Life Insurance Company v. Hillmon, describes the remarkable record of unethical conduct compiled by the eminent and respectable attorneys for the insurance companies in the course of that litigation. When married with the Supreme Court Justices' uncritical willingness to accept the false narrative thus contrived, these attorneys' misconduct led to the creation of an important rule of evidence - a rule of questionable merit. This article aims to remind us that lawyers who are willing to distort the process of litigation have the power …

Pro Se Defendants And The Appointment Of Advisory Counsel, H. Patrick Furman

Publications

This article provides an overview of advisory counsel used to assist pro se criminal defendants, including the appointment and duties of advisory counsel, ethical obligations, and considerations for trial judges and prosecutors.

The Obligation Of Legal Aid Lawyers To Champion Practice By Nonlawyers, Deborah J. Cantrell

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No abstract provided.

Adr Ethics, Scott R. Peppet

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No abstract provided.

Conflict Of Interest From Preparing Note Used By Client: Hetos Invs., Ltd. V Kurtin, 2003, Roger Bernhardt

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This article discusses a California case which held that a law firm not barred from representing its client in a lawsuit contending that a promissory note it prepared on the client’s behalf was usurious under California law.

Contractarian Economics And Mediation Ethics: The Case For Customizing Neutrality Through Contingent Fee Mediation, Scott R. Peppet

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No abstract provided.

An Essay On The Professional Responsibility Of Affirmative Action In Higher Education, Emily Calhoun

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No abstract provided.

Can Saints Negotiate? A Brief Introduction To The Problems Of Perfect Ethics In Bargaining, Scott R. Peppet

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No abstract provided.

Publicity In High Profile Criminal Cases, H. Patrick Furman

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No abstract provided.

Ideologies Of Professionalism And The Politics Of Self-Regulation In The California State Bar, William T. Gallagher

Publications

This Article is a case study of the California State Bar lawyer discipline system in crisis. The Bar's lawyer discipline system is the official state mechanism for regulating the professional conduct of California's more than 100,000 lawyers. The State Bar in California self-regulates as an adjunct of the judicial branch of government. The State Bar operates in this capacity as a quasi-governmental body while at the same time functioning as a professional organization, of which one role is to represent the collective interests of California lawyers. This is truly an extraordinary status. Unlike most other occupational groups, the legal profession …

Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy

Publications

No abstract provided.