Law and Society Commons^™

Enough: The Failure Of The Living Will, Angela Fagerlin, Carl E. Schneider

Articles

Enough. The living will has failed, and it is time to say so. We should have known it would fail: A notable but neglected psychological literature always provided arresting reasons to expect the policy of living wills to misfire. Given their alluring potential, perhaps they were worth trying. But a crescendoing empirical literature and persistent clinical disappointments reveal that the rewards of the campaign to promote living wills do not justify its costs. Nor can any degree of tinkering ever make the living will an effective instrument of social policy. As the evidence of failure has mounted, living wills have …

Lawyers Should Be Lawyers, But What Does That Mean?: A Response To Aiken & Wizner And Smith, Katherine R. Kruse

Scholarly Works

Lawyers should be more like social workers. That is the message of Law as Social Work, the provocative essay by Jane Aiken and Stephen Wizner (Aiken & Wizner) in the Washington University Journal of Law & Policy volume, which preceded the conference on Promoting Justice Through Interdisciplinary Teaching, Practice, and Scholarship, hosted by Washington University School of Law in March 2003. Almost as if in reply, Abbe Smith's contribution to the same pre-conference volume reasserts the importance of lawyers as zealous and partisan advocates, using the realities of the criminal defense context to argue for the value of the lawyer's …

Satirical Legal Studies: From The Legists To The Lizard, Peter Goodrich

Michigan Law Review

In Part I, I expand on the distinction between the Horatian and the Menippean forms of satire and then suggest that a similarly bold division can be used to map satirical legal studies. In support of that argument, I use the example of the earliest surviving satirical legal poem within the Western tradition. My analysis of this exemplary satirical legal artifact delineates four principal modes of legal satire that will organize the ensuing discussion of more contemporary examples of the genre. In Part II, I will address the currently popular and yet somewhat novel mode of ad hominem or nominate …

Maps Of The Klamath Basin And Key Water-Related Events In The Upper Klamath Basin, University Of Colorado Boulder. Natural Resources Law Center

Water Negotiation Workshop (June 4-5)

5 pages.

Contents:

Maps of Klamath Basin -- Key water-related events in the Upper Klamath Basin

Excerpted from: Ron Hathaway & Teresa Welch, Water Allocation in the Klamath Reclamation Project, 2001: An Assessment of Natural Resource, Economic, Social, and Institutional Issues with a Focus on the Upper Klamath Basin 31-34, 43 (Oregon State University, University of California, reprinted May 2003). Full report available in Klamath Waters Digital Library at http://digitallib.oit.edu/cdm/ref/collection/kwl/id/9442.

Retrying Race, Anthony V. Alfieri

Articles

No abstract provided.

The Customer Is Always Right… Not! Employer Liability For Third Party Sexual Harassment, Lea B. Vaughn

Michigan Journal of Gender & Law

This article will ask a series of questions. What is third party sexual harassment? Under what conditions does it occur? Does it differ in any significant respects from traditional notions of sexual harassment? Should those differences, if any, make a difference in the way that the legal system addresses third party harassment? And indeed, should the problem be addressed solely through the legal system? What might an employer do to alleviate sexual harassment of this type?

Race Prosecutors, Race Defenders, Anthony V. Alfieri

Articles

No abstract provided.

A Law Culture Diagnostic, James R. Elkins

Law Faculty Scholarship

No abstract provided.

Taking Myths Seriously: An Essay For Lawyers, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

The specific idea I want to explore has to do with the motivational power of myths and illusions on a personal level. To take a mundane example, people are often told to "believe in themselves." The underlying idea seems to be that high self confidence is an important motivator, especially in competitive settings like school, sports, business and the professions. This is not the idle talk of family and friends; millions of dollars are spent each year by people and their employers on motivational books and programs that offer endless variations on this simple theme in an effort to bolster …

Hard Choices: Thoughts For New Lawyers, David C. Vladeck

Georgetown Law Faculty Publications and Other Works

Rarely do law schools challenge students to examine their assumptions about what being a lawyer really means. Seldom do law schools undertake a probing examination of the role that lawyers play in society and the choices that lawyers have to make in terms of how they spend their working lives. For example, how many of you have a clue about the basic facts of our profession? How many lawyers there are in the United States? What do they do? What percentage work for the government? For large law firms? For small firms? For legal services organizations? For public interest groups? …

Learning And Serving: Pro Bono Legal Services By Law Students, David L. Chambers, Cynthia F. Adcock

Articles

All lawyers' codes of professional ethics in the United States expect members of the bar to perform legal services for low-income persons. In practice, as we all know, many lawyers perform a great deal of such service while others do little or none. By much the same token, the accreditation rules of the American Bar Association urge all law schools to provide students with opportunities to do pro bono legal work; by much the same token, some schools in the United States have extensive programs for their students but many do not. In 1998, the Association of American Law Schools …

(Er)Race-Ing An Ethic Of Justice, Anthony V. Alfieri

Articles

No abstract provided.

Lies And Law, Robert F. Nagel

Publications

No abstract provided.

Lawyering For Social Change: What's A Lawyer To Do?, Kevin R. Johnson

Michigan Journal of Race and Law

This article analyzes two questions that are raised by Professor Yamamoto's provocative article. Part I argues that any significant transformation of the social structure of United States society is far more likely to occur through mass political movements than through litigation. Consequently, advocates of social change, especially those trained in law, should not expect too much reform from the courtrooms. They instead should consider how traditional legal action might complement and encourage-not replace-community activism and political involvement. Put simply, an exclusive focus on litigation will not accomplish fully the desired objective. Part II contends that attorneys' ethical duties to their …

. . . And The Invention Of The Future Tense, John W. Reed

Articles

This is the last session of the last meeting of the International Society of Barristers in the 1900s. Though the Third Millennium technically does not begin until 2001, the turn of the "odometer" from 1999 to 2000 leads us all to think of this as the end of a century and of a millennium. The pivotal date is yet ten nonths away, but the pundits are already issuing their lists, both profound and trivial-the greatest inventions, the best books, the worst natural catastrophes, the trial or tile century (of which there are at least a half dozen), the most influential …

Race Trials, Anthony V. Alfieri

Articles

No abstract provided.

25 Divorce Attorneys And 40 Clients In Two Not So Big But Not So Small Cities In Massachusetts And California: An Appreciation, David L. Chambers

Reviews

Jane is meeting with her lawyer Peter. She has been complaining bitterly about a restraining order obtained ex parte by the lawyer for her husband Norb. The order bars her from entering the home that she still owns jointly with Norb and that Norb has continued to live in. She moved out voluntarily, as a gesture of good will, a short while before only to have her husband's lawyer run to court and secure the order she abhors. Readers first met Jane back in 1986 when Austin Sarat and William Felstiner published the first article growing out of their massive …

Does Time Make Ancient Good Uncouth?, John W. Reed

Other Publications

The somewhat arch title of my remarks, which I'll explain later, came to me at the end of December, when all forms of the media were filled with references to the fast approaching turn of the calendar when we shall greet a twenty-first century and a third millennium. Whether it comes in with the year 2000, as popularly believed, or, more properly, the year 2001, it will be a time for reflection, for taking stock of ourselves and our world. Predictably, we already are inundated with pronouncements from pundits and politicians, from scientists and seers, from philosophers and fools. I …

Moral Discourse, Bioethics, And The Law, Carl E. Schneider

Articles

Dan Callahan follows a distinguished tradition when he uses the phrase "moral discourse" to describe the law's work. The frequency with which that image is deployed suggests its resonance and even rightness: When we think about the way society considers moral issues and develops moral positions, it can be useful to imagine the law as one of many social institutions that contribute to a social discussion. Nevertheless, this image is misleading. At least for our (graying and balding) genera- tions, the law is regarded as a worthy participant in American moral discourse preeminently because of its part in the civil …

A New Class Of Lawyers: The Therapeutic As Rights Talk, Kenneth Anderson

Book Reviews

This 1996 essay reviews three books: Anthony T. Kronman, 'The Lost Lawyer: Failing Ideals of the Legal Profession' (Belknap 1993); Steven Brint, 'In an Age of Experts: The Changing Role of Professionals in Politics and Public Life' (Princeton 1994); and Christopher Lasch, 'The Revolt of the Elites and the Betrayal of Democracy' (WW Norton 1995). The review essay argues that lawyers in the United States should be seen as part of the professional New Class who use the law as a monopoly in the management by elites of the rest of society. The review examines the history of New Class …

Political Lawyering, One Person At A Time: The Challenge Of Legal Work Against Domestic Violence For The Impact Litigation/Client Service Debate, Peter Margulies

Michigan Journal of Gender & Law

The premise of this Article is that, in his assertion that client service work is political lawyering, Ralph Reed is right. Indeed, Gary Bellow made a similar point about the political content of both impact litigation and client service work in a classic article written almost twenty years ago. Of course, Reed and Bellow are hardly ideological soulmates. Reed disapproves of the political content of service work, while Bellow heartily endorses it. On that point, this Article sides with Bellow. It employs the example of domestic violence lawyering to demonstrate why Bellow and Reed are correct that client service work …

Race-Ing Legal Ethics, Anthony V. Alfieri

Articles

No abstract provided.

Introduction: O.J. Simpson And The Criminal Justice System On Trial, Christopher B. Mueller

Publications

No abstract provided.

De Jure Revolution?, Margaret M. Russell

Michigan Law Review

A Review of Failed Revolutions: Social Reform and the Limits of Legal Imagination by Richard Delgado and Jean Stefancic, and Crusaders in the Courts: How a Dedicated Band of Lawyers Fought for the Civil Rights Revolution by Jack Greenberg.

Denaturalizing The Lawyer-Statesman, Anthony V. Alfieri

Michigan Law Review

A Review of The Lost Lawyer: Failing Ideals of the Legal Profession by Anthony T. Kronman.

The Bar In America: The Role Of Elitism In A Liberal Democracy, Philip S. Stamatakos

University of Michigan Journal of Law Reform

Part I of this Note argues that liberal democracy, the free market, and science have contributed to the increasing atomization of American society. When each person and her views are glorified, universal standards of good become undermined, values become relative, and a sense of community becomes evanescent. Part II argues that individualism is incapable of accounting for the commonweal and therefore is inherently amoral because morality is concerned largely with determining when an individual's will should be subservient to the will of others. Part III considers the nature of elitism and equality and attributes the demise of elitist institutions in …

Translation As A Mode Of Thought, James Boyd White

Articles

I think that Clark Cunningham's article, The Lawyer as Translator, is a wonderful piece of work, full of life and interest and originality. I especially admire: his ability to make vivid to the reader the ways in which languages do truly differ, and differ beyond our efforts to bridge them-as he shows when he imagines an attempt to translate our most common professional terms into Chinese; his recoguition of the kind of force that our languages have over our minds, both as we see the world and as we tell stories about it; his sense that what we think of …

The Burdens Of Educational Loans: The Impacts Of Debt On Job Choice And Standards Of Living For Students At Nine American Law Schools, David L. Chambers

Articles

American law students are borrowing large sums of money. For graduates at many schools, cumulative debts of $40,000 from college and law school have become the norm, and debts of $50,000, $60,000, and even more are common. The sums students are borrowing are much larger today than they were ten years ago, even after adjusting for increases in the cost of living. They have risen at a considerably faster pace than the starting salaries at small law firms and government agencies. They have even risen at a faster pace than the starting salaries in many large firms. The new pattern …

Debts, Job Choices, And Financial Burden: Educational Debts At Nine American Law Schools, David L. Chambers

Books

American law students are borrowing large sums of money. For graduates at many schools, cumulative debts of $35,000 from college and law school have become the norm and debts of $40,000, $50,000 and even more are common. The sums students are borrowing are much larger today than they were ten years ago, even after adjusting for increases in the cost of living. They have risen at a vastly faster pace than the initial salaries at small law firms and government agencies. They have even risen at a faster pace than the initial salaries in many large firms. The new pattern …

Recognizing An Implied Warranty That Professional Services Will Be Performed In A Good And Workmanlike Manner., Mark L. Kincaid

St. Mary's Law Journal

Although the Court received a deluge of amicus curiae briefs after its initial ruling in Melody Home ushering the Court to reevaluate the consequences of its decision, there is no sound basis for excluding professional services from the implied warranty recognized by the Texas Supreme Court that services will be performed in a good and workmanlike manner. The issue of what is properly considered a “professional” service or what definition is to be applied to distinguish “non-professional” and “professional” services if the latter were to be excluded from the implied warranty. Instead of differentiating between “non-professional” and “professional” services in …