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Articles 1201 - 1230 of 1423
Full-Text Articles in Law and Society
In Facetiis Verititas: How Improv Comedy Can Help Lawyers Get Some Chops, Steven Lubet
In Facetiis Verititas: How Improv Comedy Can Help Lawyers Get Some Chops, Steven Lubet
ExpressO
Lawyers can learn a lot from the theory of improvisational comedy, and it isn’t just a matter of thinking on your feet. As we will explain, the key concept in both disciplines is the creation of a new, temporary reality. In improvisation, the cast must draw the audience into sharing the constructed reality of the stage, such that they can actually “see” the objects and characters portrayed, without the use of props or costumes. In trial, the lawyer must draw the jury into sharing the re-constructed reality of past events, such that they “see” what happened, even though they were …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
The “Csi Effect”: Better Jurors Through Television And Science?, Michael D. Mann
The “Csi Effect”: Better Jurors Through Television And Science?, Michael D. Mann
ExpressO
This Comment discusses how television shows such as CSI and Law & Order create heightened juror expectations. This will be published in the Buffalo Public Interest Law Journal's 2005-2006 issue.
Review Essay: Using All Available Information, Max Huffman
Review Essay: Using All Available Information, Max Huffman
ExpressO
This is a review essay entitled “Using All Available Information,” in which I review and comment on Justice Stephen Breyer’s new book, Active Liberty: Interpreting Our Democratic Constitution, published in September 2005. Justice Breyer’s book, adapted from the Tanner Lectures given in 2005 at Harvard Law School, serves partly as a response to Justice Scalia’s 1997 volume A Matter of Interpretation: Federal Courts and the Law. I review Justice Breyer’s book in part by comparison to and contrast with Justice Scalia’s. I propose that much about Justice Breyer’s interpretive philosophy, which centers on determining the “purposes” of texts and interpreting …
What's Wrong With Being Creative And Aggressive?, W. Bradley Wendel
What's Wrong With Being Creative And Aggressive?, W. Bradley Wendel
Cornell Law Faculty Publications
When I tell people that I am a law professor specializing in legal ethics, they usually have one of two reactions: “Legal ethics—that’s an oxymoron!” or “I bet you always have a lot to do.” The second reaction is the more interesting of the two, because it rightly implies that legal ethics is a fascinating field, in part because lawyers are always thinking of new ways to get into trouble. Many run-of-the-mill lawyer disciplinary cases involve simple wrongdoing, such as stealing from client funds, which does not present conceptually interesting issues. Contemporary high-profile legal ethics scandals, by contrast, are made …
Paid Family Leave In American Law Schools: Findings And Open Questions, Laura T. Kessler
Paid Family Leave In American Law Schools: Findings And Open Questions, Laura T. Kessler
ExpressO
There exists a substantial literature on the status of women in the legal profession, including studies on women students’ experiences in law schools, gender bias on law school faculties, and family leave policies and practices among legal employers. However, no recent study examines the family leave policies and practices in American law schools. This study seeks to fill that gap. Its findings are threefold. First, almost three quarters of law schools provide wage replacement during a family leave that is more generous than required by federal law. Second, there is a positive relationship between teaching at top-tier and private law …
Even Heroes Need To Talk: Psycho-Legal Soft Spots In The Field Of Asylum Lawyering, Tehila Sagy
Even Heroes Need To Talk: Psycho-Legal Soft Spots In The Field Of Asylum Lawyering, Tehila Sagy
ExpressO
This research identifies emotional pressure points pertaining to the asylum seeking client’s narration of her traumatic past persecution in the process of preparing the asylum claim. A typology of psycholegal soft-spots was offered, which includes the potential impact of the work done by the asylum seeking client and her lawyer on both parties. Interviews with Bay Area lawyers who represented asylum seekers were conducted in order to assess the level of asylum lawyer’s awareness to special needs dictated by the psycho-legal soft spots during asylum representation. Lawyers were asked about how they handle those issues and about training and support …
Essay For The In-Print Symposium On The Myth Of Moral Justice, Stuart A. Scheingold
Essay For The In-Print Symposium On The Myth Of Moral Justice, Stuart A. Scheingold
Cardozo Public Law, Policy & Ethics Journal
Stuart Scheingold responds to Thane Rosenbaum's The Myth of Moral Justice, agreeing with the aspiration to infuse law with moral imagination but critiquing Rosenbaum's oversight of existing moral energy within the legal profession, particularly through cause lawyering. Scheingold argues that Rosenbaum's approach is overly simplistic, failing to account for institutional obstacles and the contested nature of moral discourse, which can lead to conflict rather than harmony. He emphasizes that while moral advocacy, as seen in cause lawyering, can drive positive change, it also faces significant challenges and backlash.
Law In The Digital Age: How Visual Communication Technologies Are Transforming The Practice, Theory, And Teaching Of Law, Richard K. Sherwin, Neal Feigenson, Christina Spiesel
Law In The Digital Age: How Visual Communication Technologies Are Transforming The Practice, Theory, And Teaching Of Law, Richard K. Sherwin, Neal Feigenson, Christina Spiesel
ExpressO
Law today has entered the digital age. The way law is practiced – how truth and justice are represented and assessed – is increasingly dependent on what appears on electronic screens in courtrooms, law offices, government agencies, and elsewhere. Practicing lawyers know this and are rapidly adapting to the new era of digital visual rhetoric. Legal theory and education, however, have yet to catch up. This article is the first systematic effort to theorize law's transformation by new visual and multimedia technologies and to set out the changes in legal pedagogy that are needed to prepare law students for practice …
Law As Rationalization: Getting Beyond Reason To Business Ethics, Jeffrey Marc Lipshaw
Law As Rationalization: Getting Beyond Reason To Business Ethics, Jeffrey Marc Lipshaw
ExpressO
Embedded in the way we use the law is the tendency of human reason to justification, in the words of one philosopher, “the thirst for rationality that creates lies.” I contend that this tendency is exacerbated by the conflation of what is knowable as a matter of science, and that which we might believe is normative. I rely on Kant’s critique of theoretical and practical reason to assess claims to objectivity in social science approaches to law, and to suggest it is not surprising that the operation of theoretical and practical reason would tend to the conflation of the descriptive …
Implementation Of Sarbanes-Oxley: New Rules For Lawyers And What Lawyers Think, Olga Yevglevskaya-Wayne
Implementation Of Sarbanes-Oxley: New Rules For Lawyers And What Lawyers Think, Olga Yevglevskaya-Wayne
ExpressO
This paper discusses practical implications of Sarbanes-Oxley for lawyers. Emphasis is on the new federal rules of professional responsibility the Act sets up. The paper includes the views of various renowned practitioners interpreting and using these rules. The paper also contains suggestions for how the Securities and Exchange Commission could potentially improve those areas that are proving problematic for attorneys so as to better effectuate the purpose of this major new law, in light of its legislative history and intent, which are also discussed in the paper.
What's In A Name?: Cause Lawyers As Conceptual Category, Corey S. Shdaimah
What's In A Name?: Cause Lawyers As Conceptual Category, Corey S. Shdaimah
ExpressO
Stuart Scheingold's and Austin Sarat's "Something to Believe In: Politics, Professionalism, and Cause Lawyering," (Stanford University Press, December 2004) draws on a decade of empirical and theoretical work on cause lawyering. Scheingold’s and Sarat’s law and society scholarship contributes to our knowledge of lawyering, the law, work with clients and social movements, and the interplay between what Ewick and Silbey have called "legality" and the social world. Their cross-disciplinary work makes a significant contribution to the social sciences as well as to the field of legal studies. This review examines the utility of cause lawyering as a concept that contributes …
Foreword, 39 J. Marshall L. Rev. I (2006), Debra Pogrund Stark
Foreword, 39 J. Marshall L. Rev. I (2006), Debra Pogrund Stark
UIC Law Review
No abstract provided.
Introduction, Anita Bernstein, Marc Galanter, Tanina Rostain
Introduction, Anita Bernstein, Marc Galanter, Tanina Rostain
NYLS Law Review
No abstract provided.
How Social Hierarchies Within The Personal Injury Bar Affect Case Screening Decisions, Mary Nell Trautner
How Social Hierarchies Within The Personal Injury Bar Affect Case Screening Decisions, Mary Nell Trautner
NYLS Law Review
No abstract provided.
Uncovering The Past: Lessons From Doing Legal History, Annette Gordon-Reed
Uncovering The Past: Lessons From Doing Legal History, Annette Gordon-Reed
NYLS Law Review
No abstract provided.
The Two Hemispheres Of Legal Education And The Rise And Fall Of Local Law Schools, Randolph N. Jonakait
The Two Hemispheres Of Legal Education And The Rise And Fall Of Local Law Schools, Randolph N. Jonakait
NYLS Law Review
No abstract provided.
“Ain’T No Goin’ Back”: Teaching Mental Disability Law Courses Online, Michael L. Perlin
“Ain’T No Goin’ Back”: Teaching Mental Disability Law Courses Online, Michael L. Perlin
NYLS Law Review
No abstract provided.
A Proposal To Use Common Ground That Exists Between The Medical And Legal Professions To Promote A Culture Of Safety, Steven E. Pegalis
A Proposal To Use Common Ground That Exists Between The Medical And Legal Professions To Promote A Culture Of Safety, Steven E. Pegalis
NYLS Law Review
No abstract provided.
Lawyering For A Cause And Experiences From Abroad, Jayanth K. Krishnan
Lawyering For A Cause And Experiences From Abroad, Jayanth K. Krishnan
Articles by Maurer Faculty
For more than a decade, there has been a steady growth in what is now commonly referred to as the 'cause lawyering' literature. Partly as a response to those who were critical of the legal profession during the 1970s and 1980s, cause lawyering scholars have sought to rebut these critics' charges, as well as more comprehensively illustrate what, why, and how cause lawyers do what they do. While the critics of cause lawyers on the one hand, and cause lawyering scholars on the other, have made enormous contributions to the debate, only recently has the discourse shifted to examining an …
Death Squads Or 'Directions Over Lunch': A Comparative Review Of The Independence Of The Bar, W. Wesley Pue
Death Squads Or 'Directions Over Lunch': A Comparative Review Of The Independence Of The Bar, W. Wesley Pue
All Faculty Publications
Periodic crises around the conduct of lawyers provoke moves in the direction of constituting the organized legal profession as a regulated industry, much like any other. Such proposals, whether for regulation through Legal Services Commissions or other structures, abruptly confront the historically embedded constitutional notion that liberty itself rests on the independence of the bar. This paper engages in a comparative review of the notion of an independent legal profession. Its particular focus is on widely agreed international standards and on the experience of Commonwealth countries and especially Australia, Canada, and the United Kingdom. The paper draws on literatures from …
Tribute To Judge Merhige, Orran L. Brown
Tribute To Judge Merhige, Orran L. Brown
University of Richmond Law Review
No abstract provided.
Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver
Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver
ExpressO
This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools to new competition from foreign …
Book Review, Deborah B. Luyster
Book Review, Milton C. Regan, Jr.
Who Are The Good Guys? The Legacy Of Watergate And The Tangled Webs We Weave, Jeffrey A. Breinholt
Who Are The Good Guys? The Legacy Of Watergate And The Tangled Webs We Weave, Jeffrey A. Breinholt
ExpressO
This article examines the astounding revelation that Deep Throat, the anonymous source that brought down the Nixon Presidency, was Mark Felt, the man who ran the FBI during the Watergate Scandal. Was Mark Felt a hero or a villain? Thanks to the recent publication of Bob Woodward’s The Secret Man in combination with historical case law, we now have more historical evidence about what motivated Felt and how he reacted to his own legal misfortunes. This article examines this record and shows that categorizing Felt along the hero/villain continuum is not an easy task, but argues that this type of …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
In Praise Of Richard Weisberg And Engaged Scholarship, Sanford Levinson
In Praise Of Richard Weisberg And Engaged Scholarship, Sanford Levinson
Cardozo Law Review
No abstract provided.
Reports Of Batson's Death Have Been Greatly Exaggerated: How The Batson Doctrine Enforces A Normative Framework Of Legal Ethics, Laura I. Appleman
Reports Of Batson's Death Have Been Greatly Exaggerated: How The Batson Doctrine Enforces A Normative Framework Of Legal Ethics, Laura I. Appleman
ExpressO
In this article, I aim to explain how the Batson procedure enforces a normative framework of legal ethics, a theory which I hope will be of use to both criminal law professors and scholars of legal ethics. Despite many recent prudential attacks against the Batson procedure and the peremptory challenge, I contend that Batson has a largely unarticulated ethical component, one that invokes a lawyer’s professional responsibility. Accordingly, using legal ethics as a lens through which to interpret Batson sheds new light on the doctrine. Batson’s ethical imperative affects the norms of the legal profession itself. By fostering a non-discrimination …