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Full-Text Articles in Law

Shades Of Liberalism: Lawyers And Social, Political And Legal Transformations In Nineteenth Century Cuba, Ricardo Pelegrin Taboada Nov 2018

Shades Of Liberalism: Lawyers And Social, Political And Legal Transformations In Nineteenth Century Cuba, Ricardo Pelegrin Taboada

FIU Electronic Theses and Dissertations

In 1819, Ferdinand VII ordered the creation of two Colegios de Abogados in Cuba to prevent the expansion of the number of legal professionals, as well as the unauthorized practice of law. The strategy, however, failed, and lawyers increasingly became a force of political and social change in the island, being mostly inspired by the debates about the implementation of liberal agendas in and out of Cuba. Some Colegios de Abogados eventually became centers of anti-Spanish conspiracy and lawyers even led recurrent uprisings for Cuban independence. Ideas of reform among Cuban lawyers, however, were diverse, and different interpretations of liberalism …


A Revised View Of The Judicial Hunch, Linda L. Berger Jan 2013

A Revised View Of The Judicial Hunch, Linda L. Berger

Linda L. Berger

Judicial intuition is misunderstood. Labeled as cognitive bias, it is held responsible for stereotypes of character and credibility. Framed as mental shortcut, it is blamed for overconfident and mistaken predictions. Depicted as flashes of insight, it takes credit for unearned wisdom. The true value of judicial intuition falls somewhere in between. When judges are making judgments about people (he looks trustworthy) or the future (she will be the better parent), the critics are correct: intuition based on past experience may close minds. Once a judge recognizes a familiar pattern in a few details, she may fail to see the whole …


In Memorium: Bernard Wolfman, Michael A. Fitts Jun 2012

In Memorium: Bernard Wolfman, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


What Will Our Future Look Like And How Will We Respond?, Michael A. Fitts Jan 2011

What Will Our Future Look Like And How Will We Respond?, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


Studying And Teaching "Law As Rhetoric": A Place To Stand, Linda L. Berger Jan 2010

Studying And Teaching "Law As Rhetoric": A Place To Stand, Linda L. Berger

Linda L. Berger

This article proposes that law students may find a better fit within the legal culture of argument if they are introduced to rhetorical alternatives to counter narrowly formalist and realist perspectives on how the law works and how judges decide cases. The article makes a two-part argument: first, introducing law students to rhetorical alternatives allows them to envision their role as lawyers as constructive, effective, and imaginative while grounded in law, language, and reason. Second, offering rhetorical alternatives allows law professors to enrich their own study and teaching and to develop a more nuanced understanding of the law school classroom …


Legal And Managerial "Cultures" In Corporate Representation, Geoffrey C. Hazard Jr. Jan 2009

Legal And Managerial "Cultures" In Corporate Representation, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick Jan 2008

The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick

All Faculty Scholarship

No abstract provided.


The “Csi Effect”: Better Jurors Through Television And Science?, Michael Mann Jun 2006

The “Csi Effect”: Better Jurors Through Television And Science?, Michael Mann

Michael D. Mann

This Comment explores how television shows such as CSI and Law & Order have created heightened juror expectations in courtrooms across America. Surprise acquitals often have prosectors scratching their heads as jurors hold them to this new "Hollywood" standard. The Comment also analyzes the CSI phenomena by reflecting on past legal television shows that have influenced the public's perception of the legal profession and how the "CSI effect" has placed an even greater burden on parties to proffer some kind of forensic evidence at trial.

The Comment was published in volume 24 of the Buffalo Public Interest Law Journal (2006).


Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr. Oct 2005

Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Law, Ethics And Mystery, Geoffrey C. Hazard Jr. Jan 2005

Law, Ethics And Mystery, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


"Lawyers For Lawyers": The Emerging Role Of Law Firm Legal Counsel, Geoffrey C. Hazard Jr. Jan 2005

"Lawyers For Lawyers": The Emerging Role Of Law Firm Legal Counsel, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Lawyer For The Situation, Geoffrey C. Hazard Jr. Jan 2004

Lawyer For The Situation, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick Jan 2003

No Other Gods: Answering The Call Of Faith In The Practice Of Law, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr. Jan 2002

Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


No Black Names On The Letterhead? Efficient Discrimination And The South African Legal Profession, Lisa R. Pruitt Dec 2001

No Black Names On The Letterhead? Efficient Discrimination And The South African Legal Profession, Lisa R. Pruitt

Lisa R Pruitt

Although there have long been black lawyers in South Africa, during apartheid only a handful joined the ranks of the country’s large commercial firms. Now, in the post-apartheid period, these firms are keenly aware of a range of economic and political incentives to hire black attorneys, and most are doing so at a record pace. Very few black attorneys, however, are enduring the path to partnership in these firms. Based on more than seventy-five interviews conducted in South Africa in 1999 and 2000, this Article both documents and critically examines the reasons for black attrition. While firms’ incentives to integrate …


The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts Jan 2000

The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr. Jan 2000

Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


The Architecture Of Judicial Independence, Stephen B. Burbank Jan 1999

The Architecture Of Judicial Independence, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Personal Fulfillment In The Changing World Of Law Practice: Opportunities And Obstacles, Howard Lesnick Jan 1999

Personal Fulfillment In The Changing World Of Law Practice: Opportunities And Obstacles, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Speaking Truth To Powerlessness, Howard Lesnick Jan 1999

Speaking Truth To Powerlessness, Howard Lesnick

All Faculty Scholarship

No abstract provided.


The Underlying Causes Of Withdrawal And Expulsion Of Partners From Law Firms, Geoffrey C. Hazard Jr. Jan 1998

The Underlying Causes Of Withdrawal And Expulsion Of Partners From Law Firms, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Bringing Legal Realism To The Study Of Ethics And Professionalism, Douglas N. Frenkel, Robert L. Nelson, Austin Sarat Jan 1998

Bringing Legal Realism To The Study Of Ethics And Professionalism, Douglas N. Frenkel, Robert L. Nelson, Austin Sarat

All Faculty Scholarship

No abstract provided.


The Religious Lawyer In A Pluralist Society, Howard Lesnick Jan 1998

The Religious Lawyer In A Pluralist Society, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Religious Particularity, Religious Metaphor, And Religious Truth: Listening To Tom Shaffer, Howard Lesnick Jan 1995

Religious Particularity, Religious Metaphor, And Religious Truth: Listening To Tom Shaffer, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Why Pro Bono In Law Schools, Howard Lesnick Jan 1994

Why Pro Bono In Law Schools, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Lawyer Liability In Third Party Situations: The Meaning Of The Kaye Scholar Case, Geoffrey C. Hazard Jr. Jan 1993

Lawyer Liability In Third Party Situations: The Meaning Of The Kaye Scholar Case, Geoffrey C. Hazard Jr.

All Faculty Scholarship

The Kaye Scholer I case has excited much attention and alarm within the legal profession. 2 It is interpreted as greatly expanding the scope of lawyer liability to third parties and heralding much greater regulatory intervention into the relationship between lawyer and client. In some respects this interpretation is accurate. The Kaye Scholer proceeding is at least a "wake up call" to the legal profession, signalling that lawyers should be much more attentive to their legal and ethical obligations in transactional and regulatory matters. However, there is also much misunderstanding about Kaye Scholer, particularly the supposition that it created novel …


Being A Teacher, Of Lawyers: Discerning The Theory Of My Practice, Howard Lesnick Apr 1992

Being A Teacher, Of Lawyers: Discerning The Theory Of My Practice, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Notes Toward An Aesthetics Of Legal Pragmatism, David A. Skeel Jr. Jan 1992

Notes Toward An Aesthetics Of Legal Pragmatism, David A. Skeel Jr.

All Faculty Scholarship

No abstract provided.


The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick Jan 1991

The Wellsprings Of Legal Responses To Inequality: A Perspective On Perspectives, Howard Lesnick

All Faculty Scholarship

No abstract provided.


Infinity In A Grain Of Sand: The World Of Law And Lawyers As Portrayed In The Clinical Teaching Implicit In The Law School Curriculum, Howard Lesnick Jan 1990

Infinity In A Grain Of Sand: The World Of Law And Lawyers As Portrayed In The Clinical Teaching Implicit In The Law School Curriculum, Howard Lesnick

All Faculty Scholarship

No abstract provided.