Law Commons^™

The Origins Of The Modern Mugshot, Tsion Chudnovsky

Tsion Chudnovsky, JD

California Brn Nursing License Complaint Process Infographic, Tsion Chudnovsky

Tsion Chudnovsky, JD

Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman

Andrea A. Curcio

The false dichotomy between achieving diversity and rewarding merit frequently surfaces in discussions about decisions on university and law school admissions, scholarships, law licenses, jobs, and promotions. “Merit” judgments are often based on the results of standardized tests meant to predict who has the best chance to succeed if given the opportunity to do so. This Article criticizes over-reliance on standardized tests and responds to suggestions that challenging the use of such tests reflects a race-comes-first approach that chooses diversity over merit. Discussing the firefighter exam the led to the Supreme Court decision in Ricci v. DiStefano, as well as …

On Being A Christian And A Lawyer: Law For The Innocent, Thomas Shaffer

Thomas L. Shaffer

No abstract provided.

Why Lawyers Fear Love: Mohandas Gandhi’S Significance To The Mindfulness In Law Movement, Nehal A. Patel

Nehal A. Patel

Although mindfulness has gained the attention of the legal community, there are only a handful of scholarly law articles on mindfulness. The literature effectively documents the Mindfulness in Law movement, but there has been minimal effort to situate the movement into the broader history of non-Western ideas in the legal academy and profession. Similarly, there has been little recent scholarship offering a critique of the American legal system through the insights of mindfulness. In this Article, I attempt to fill these gaps by situating the Mindfulness in Law movement into the history of modern education’s western-dominated world-view. With this approach, …

Exporting The Legal Incubator: A Conversation With Fred Rooney, Fred Rooney, Justin Steele

Fred Rooney

A legal conversion between Justin Steele, Executive Articles Editor of the UMass Law Review and Fred Rooney, Director of the International Justice Center for Post-Graduate Development at Touro Law Center.

Testing, Diversity, And Merit: A Reply To Dan Subotnik And Others, Andrea A. Curcio, Carol L. Chomsky, Eileen Kaufman

Andrea A. Curcio

The false dichotomy between achieving diversity and rewarding merit frequently surfaces in discussions about decisions on university and law school admissions, scholarships, law licenses, jobs, and promotions. “Merit” judgments are often based on the results of standardized tests meant to predict who has the best chance to succeed if given the opportunity to do so. This Article criticizes over-reliance on standardized tests and responds to suggestions that challenging the use of such tests reflects a race-comes-first approach that chooses diversity over merit. Discussing the firefighter exam the led to the Supreme Court decision in Ricci v. DiStefano, as well …

Roman Catholic Lawyers In The United States Of America, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

The Gift Of Milner Ball, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

Lawyers And Liberations, Robert E. Rodes

Robert Rodes

No abstract provided.

On Lawyers And Moral Discernment, Robert E. Rodes

Robert Rodes

Drawing on Jacques Maritain's doctrine of Knowledge through Connaturality, and on other authors including David Hume and Edmond Cahn, this article argues that judgments of right and wrong are arrived at primarily through immediate discernment, and only secondarily through the application of general principles. It is possible, therefore, for lawyers and clients to arrive at agreement on how to handle their cases, even though they do not agree on the general principles that apply.

The Lawyer's Role In A Contemporary Democracy, Promoting Social Change And Political Values, The Lawyer As Catalyst Of Social Change, James E. Moliterno

James E. Moliterno

No abstract provided.

Trends In Global Lawyer Regulation, Laurel S. Terry

Laurel S. Terry

Trends In Global And Canadian Lawyer Regulation, Laurel S. Terry

Laurel S. Terry

Lawyers And Professional Autonomy: Reflections On Corporate Lawyering And The Doctrine Of Informed Consent, Mark Spiegel

Mark Spiegel

No abstract provided.

The Essential And Growing Role Of Legal Education In Achieving Sustainability, John Dernbach

John C. Dernbach

This article suggests that law schools need to play a leading role in the national and global effort to achieve sustainability, including the effort to address climate change. The article first describes the various drivers for sustainability in law schools. Clients are increasingly demanding that their lawyers 'walk the talk,' as many businesses and corporations already are. The universities that provide an institutional home for most law schools are also adopting sustainability policies and practices that influence their law schools. Within the legal profession, the American Bar Association, as well as many state and local bar associations, have adopted a …

“Once Upon A Time, In A Land Far, Far Away . . .” Lawyers And Clients Telling Stories About Ethics (And Everything Else), Carolyn Grose

carolyn grose

ABSTRACT

Framed by an analysis of two particular ethical rules and their application to specific situations, this piece uses the metaphor of storytelling to explore the lawyer’s role as an effective and ethical client representative. Drawing from the experiences of two sets of clients and their lawyers, the piece proposes an approach to ethical regulation (as one component of the lawyer-client relationship) that requires the lawyer to engage in a deeply contextual analysis of the specific and particular ethical conflicts presented to him in any particular case; and work with his client to determine how to resolve those conflicts.

The …

"Once Upon A Time, In A Land Far, Far Away:" Lawyers And Clients Telling Stories About Ethics (And Everything Else), Carolyn Grose

carolyn grose

Framed by an analysis of two particular ethical rules and their application to specific situations, this piece uses the metaphor of storytelling to explore the lawyer’s role as an effective and ethical client representative. Drawing from the experiences of two sets of clients and their lawyers, the piece proposes an approach to ethical regulation (as one component of the lawyer-client relationship) that requires the lawyer to engage in a deeply contextual analysis of the specific and particular ethical conflicts presented to him in any particular case; and work with his client to determine how to resolve those conflicts.

The first …

Avoiding Plagiarism In Legal Documents, Judith Fischer

Judith D. Fischer

Lawyers may believe they know what constitutes plagiarism in student papers, but the rules about plagiarism in the practice of law are less clear. Forms from form books and law firm files are meant to be copied, so there is no issue of copyright violation. Still, the lawyer who uses such a form must tailor it to the needs of the specific case. And lawyers have been disciplined for filing documents containing language they copied from treatises without attribution. This problem was exacerbated in one case where the lawyer asked for fees for preparing material he had not written. Professionalism …

Judicial Attitudes Toward Confronting Attorney Misconduct: A View From The Reported Decisions, Judith A. Mcmorrow, Jackie Gardina, Salvatore Ricciardone

Judith A. McMorrow

Over the last 20 years, a rich body of literature has emerged to describe the increasingly complex system of lawyer regulation in the United States. This article studies the available data from the Code of Judicial Conduct and federal and state court opinions to glean a richer understanding of how judges construct their individual and institutional role in this web of attorney regulation. The picture that emerges from the reported decisions in both state and federal court is a desire to maintain the integrity of the judicial process and a concern for the efficiency and fairness in the proceeding before …

The Metamorphoses Of Reasonable Doubt: How Changes In The Burden Of Proof Have Weakened The Presumption Of Innocence, Steve Sheppard

Steve Sheppard

The standard of proof beyond a reasonable doubt is commonly thought to be an important benefit to the accused. The history of the standard is much more complex and demonstrates lesser commitments to the truth and to the defendant.

This article develops the history of the reasonable doubt instruction in the United States and its English antecedents. Examining the development of the instruction in the seventeenth and eighteenth centuries and its evolution through the nineteenth and twentieth, this history reveals the dual nature of the instruction. It both encapsulated a theory of knowledge and articulated a level of confidence in …

Dual Identities And Dueling Obligations: Preserving Independence In Corporate Representation, Susanna K. Ripken

Susanna K. Ripken

Under the Model Rules of Professional Responsibility, lawyers for corporate entities must regard the organization itself as the client. Because the corporate client can act only through its authorized constituents, including officers, directors, and employees, the lawyer for the corporation typically looks to the authorized managers of the corporation to speak on behalf of the client. When the interests of the managers and the corporations diverge, however, the lawyer must seek out the highest authority in the organization to provide the appropriate guidance. As a general matter, the board of directors acts as the highest authority within the corporation. One …