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Full-Text Articles in Legal Profession

Reply To Symposium Participants, Benjamin N. Cardozo School Of Law, Jürgen Habermas Mar 1996

Reply To Symposium Participants, Benjamin N. Cardozo School Of Law, Jürgen Habermas

Cardozo Law Review

Every author owes a debt to his readers. This is especially true when an author presents a wide-ranging and complex investigation that draws the critical attention of outstanding colleagues. I have profited a great deal from my colleagues' thoughtful commentaries, as will be evident from this Reply which is a token of my appreciation.

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Replik Auf Beitrage Zu Einem Symposion Der Benjamin N. Cardozo School Of Law, Jürgen Habermas Mar 1996

Replik Auf Beitrage Zu Einem Symposion Der Benjamin N. Cardozo School Of Law, Jürgen Habermas

Cardozo Law Review

Jeder Autor steht in der Schuld seiner Leser; das gilt erst recht ftr einen anspruchsvollen Autor, der eine umfangreiche und komplexe Untersuchung vorlegt und daftir-noch vor der Publikation des Buches in deutscher Sprache an einer amerikanischen Universitat-die kritische Aufmerksamkeit hervorragender Kollegen findet. Aus den sorgfaltigen Kommentaren habe ich grossen Gewinn gezogen. Diese Behauptung wird sich anhand meiner Antwort nachpriifen lassen, mit der ich zugleich meinen Dank abstatten mochte.

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Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, 29 J. Marshall L. Rev. 617 (1996), Richard A. Epstein Jan 1996

Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, 29 J. Marshall L. Rev. 617 (1996), Richard A. Epstein

UIC Law Review

No abstract provided.

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Recent Trends In The Organization Of Legal Services, Frederick H. Zemans Jan 1996

Recent Trends In The Organization Of Legal Services, Frederick H. Zemans

Articles & Book Chapters

No abstract provided.

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The Rhythms Of Hope And Disappointment In The Language Of Judging (St. John's University School Of Law: Rededication Symposia), James Boyd White Jan 1996

The Rhythms Of Hope And Disappointment In The Language Of Judging (St. John's University School Of Law: Rededication Symposia), James Boyd White

Articles

I want to talk today about a certain aspect or dimension of the language of judging. From one point of view the quality I mean can be seen as a kind of idealism inherent in legal lan­guage; from another, as a kind of fundamental hypocrisy; from still another, as a simultaneously tragic and comic element in le­gal life.

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Denaturalizing The Lawyer-Statesman, Anthony V. Alfieri May 1995

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.

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Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs Jan 1995

Proverbial Practice: Legal Ethics From Old Testament Wisdom, Gordon J. Beggs

Law Faculty Articles and Essays

The Old Testament book of Proverbs supplied foundational moral values for our nation's legal ethics. With the adoption and revision of formal codes, moral teaching has virtually disappeared from legal ethics. This essay suggests that the wisdom of Proverbs offers a timely challenge to the character of the legal profession by advocating values which include justice, purity, mercy, humility, honesty, candor, truthful testimony, and civility.

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Defending Racial Violence, Anthony V. Alfieri Jan 1995

Defending Racial Violence, Anthony V. Alfieri

Articles

No abstract provided.

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To Save A Life: Why A Rabbi And A Jewish Lawyer Must Disclose A Client Confidence Symposium: Executing The Wrong Person: The Professionals' Ethical Dilemmas, Russell G. Pearce Jan 1995

To Save A Life: Why A Rabbi And A Jewish Lawyer Must Disclose A Client Confidence Symposium: Executing The Wrong Person: The Professionals' Ethical Dilemmas, Russell G. Pearce

Faculty Scholarship

As adopted by courts and legislatures, lawyer's ethical codes have the force of law. They require a lawyer to keep information confidential unless the lawyer knows the client will commit a future crime. Jewish tradition generally forbids the disclosure of confidential information as "a terrible invasion of another person's privacy."This interdiction, rooted in the Torah's prohibition on talebearing, applies even when the information disclosed is true. The great medieval commentator, Maimonides, observed that gossip "ruins the world.” He further reproached "the evil tongue of the slander-monger who speaks disparagingly of one's fellow, even if the truth is told." Accordingly, the …

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Progressive Lawyering And Lost Traditions, Peter Margulies Jan 1995

Progressive Lawyering And Lost Traditions, Peter Margulies

Law Faculty Scholarship

No abstract provided.

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Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve The Conduct And Reputation Of The Bar, The, Russell G. Pearce Jan 1995

Professionalism Paradigm Shift: Why Discarding Professional Ideology Will Improve The Conduct And Reputation Of The Bar, The, Russell G. Pearce

Faculty Scholarship

The Article explains how the Professionalism Paradigm distinguishes between self-interested businesspersons and altruistic professionals who place the public good above their own interests and those of their clients. The legal profession has used this Business-Profession dichotomy to obtain control of the delivery legal services, including a legislative monopoly on the practice of law. Today, the Professionalism Paradigm faces a crisis as leading lawyers, judges, and scholars complain that law has become a business and is no longer a profession. The Article “identifies this shift as a time for hope rather than as a cause for despair. Applying Thomas S. Kuhn's …

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Working For Social Change And Preserving Client Autonomy: Is There A Role For ‘Facilitative’ Lawyering?, Richard D. Marsico Jan 1995

Working For Social Change And Preserving Client Autonomy: Is There A Role For ‘Facilitative’ Lawyering?, Richard D. Marsico

Articles & Chapters

No abstract provided.

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1994 Academy Of Law Alumni Fellows Awards And Law Conference Dinner Invitation Sep 1994

1994 Academy Of Law Alumni Fellows Awards And Law Conference Dinner Invitation

Academy of Law Alumni Fellows

No abstract provided.

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Power From The People, Milner S. Ball May 1994

Power From The People, Milner S. Ball

Michigan Law Review

A Review of Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice by Gerald P. López

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Looking For Rights In All The Wrong Places: Resolving Custody Disputes In Divorce Proceedings, Katherine Hunt Federle Mar 1994

Looking For Rights In All The Wrong Places: Resolving Custody Disputes In Divorce Proceedings, Katherine Hunt Federle

Cardozo Law Review

Eleven-year-old Shane P. left the office of his court-appointed law guardian in tears. Already upset by the escalating custody battle between his divorcing parents, Shane told his father that he wanted to "get rid of" his law guardian and subsequently sent her a letter notifying her that she was fired. Influenced, in part, by the case of Gregory K., Shane then retained the services of another attorney with funds provided by his father. Although the trial judge initially ruled that only the court could dismiss the law guardian who had been appointed to represent Shane's best interests, the judge subsequently …

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Practicing Community (Book Review), Anthony V. Alfieri Jan 1994

Practicing Community (Book Review), Anthony V. Alfieri

Articles

No abstract provided.

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Authority, Credibility, And Pre-Understanding: A Defense Of Outsider Narratives In Legal Scholarship, Marc A. Fajer Jan 1994

Authority, Credibility, And Pre-Understanding: A Defense Of Outsider Narratives In Legal Scholarship, Marc A. Fajer

Articles

No abstract provided.

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The Word On Trial, Robin West Jan 1994

The Word On Trial, Robin West

Georgetown Law Faculty Publications and Other Works

Milner Ball's extraordinary book, The Word and the Law, begins with a narrative account of "seven practices in law." The seven practitioners Ball brings to life for the reader share two powerful traits: they all, in quite different ways, use law to lessen the multiple sufferings of various communities of poor people, and they all, by doing so, strengthen the communities within which and for which they labor. The reader gains from these accounts not only a sympathetic understanding of the lives of seven lawyers, but a renewed sense of the possibilities their practices present. This can be put any …

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Representing In-Between: Law, Anthropology, And The Rhetoric Of Interdisciplinarity, Annelise Riles Jan 1994

Representing In-Between: Law, Anthropology, And The Rhetoric Of Interdisciplinarity, Annelise Riles

Cornell Law Faculty Publications

This article considers how lawyers and nonlawyers discuss the contribution of interdisciplinary scholarship to the law as a means of rethinking the relationship between these differences. The article first examines the arguments of the nineteenth-century lawyer Henry Maine and of the twentieth-century anthropologist Edmund Leach on the subject, and notes the difference between Maine's emphasis on "movement" from one theoretical discovery to another and Leach's emphasis on creating relationships between disciplines by exploiting a "space in between" the two. Then, turning to contemporary scholarship in legal anthropology, "Law and Society," and the sociology of law, the article critiques the rigid …

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Delivery Of Legal Services To Ordinary Americans, Roger C. Cramton Jan 1994

Delivery Of Legal Services To Ordinary Americans, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

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Pierre Schlag’S “The Problem Of The Subject”: Law’S Need For An Analyst, David S. Caudill Dec 1993

Pierre Schlag’S “The Problem Of The Subject”: Law’S Need For An Analyst, David S. Caudill

Cardozo Law Review

Pierre Schlag's book-length law review article, The Problem of the Subject, sets out to reveal, and succeeds in revealing, nothing - Schlag reveals a gap or void in contemporary legal philosophy with respect to the subject. Of course, the subject (for now, the "I" or self or individual) can be found in legal theory-people reflect on law, make law, and obey or break the law-but legal theorists generally avoid the question of who the subject is. Thus, accounts of the subject are rare in legal scholarship, and the problems that such accounts would raise are generally evaded. Of course, …

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Izvestiia As A Mirror Of Russian Legal Reform, Frances H. Foster Nov 1993

Izvestiia As A Mirror Of Russian Legal Reform, Frances H. Foster

Vanderbilt Journal of Transnational Law

In this Article, Professor Foster explores the breakdown of legal authority in post-Soviet Russia by examining the experience of the Russian newspaper Izvestiia. The author recounts the power struggles between the Russian president and the parliament, each seeking to exercise sole control over the destiny of Izvestiia and of post-Soviet Russia. Professor Foster argues that Izvestiia's battle for survival is merely symptomatic of the overall structural, procedural, and attitudinal obstacles to Russian legal reform in the post-Soviet era. The author concludes that the key to successful establishment of a stable, democratic, law-based state is a fundamental reconstitution of Russian legal …

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Theories Of Poetry, Theories Of Law, Lawrence Joseph Oct 1993

Theories Of Poetry, Theories Of Law, Lawrence Joseph

Vanderbilt Law Review

I write poetry." Also, since 1976, when I was admitted to practice before a state bar, I have served as a law clerk for a justice of a state supreme court, practiced, and mostly taught law. About the time that I began law school, while I was writing poems that would appear in my first book, an extraordinary change in jurisprudence began to occur, one which focused on legal language as something more than a medium for conveying singular meaning. This legal theory has become as important as any since legal realism. Because I also have written essays and re- …

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1993 Academy Of Law Alumni Fellows Awards And Law Conference Dinner Invitation Sep 1993

1993 Academy Of Law Alumni Fellows Awards And Law Conference Dinner Invitation

Academy of Law Alumni Fellows

No abstract provided.

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The Bar In America: The Role Of Elitism In A Liberal Democracy, Philip S. Stamatakos Jul 1993

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 …

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Speaking Differences: The Rules And Relationships Of Litigants' Discourses, Naomi R. Cahn May 1992

Speaking Differences: The Rules And Relationships Of Litigants' Discourses, Naomi R. Cahn

Michigan Law Review

A Review of Rules Versus Relationships: The Ethnography of Legal Discourse by John M. Conley and William M. O'Barr

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A Tragic View Of Poverty Law Practice, Paul R. Tremblay Mar 1992

A Tragic View Of Poverty Law Practice, Paul R. Tremblay

University of the District of Columbia Law Review

Poverty lawyers, we are told, can do as much harm as good for their clients. This humbling theme has been a fixture in the literature and research surrounding the role of lawyers for the poor for some time. The theme captures several deep truths about poverty law. It reminds us that lawyers for the poor can, and do, exclude their clients in the work that they do, view the lives of clients through the distorted prism of law training and law practice, and tend to expend their energies on remedies and processes, largely litigation oriented, which are unlikely to lead …

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Translation As A Mode Of Thought, James Boyd White Jan 1992

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 …

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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 Jan 1992

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 …

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Jewish Lawyering In A Multicultural Society: A Midrash On Levinson Colloquy, Russell G. Pearce Jan 1992

Jewish Lawyering In A Multicultural Society: A Midrash On Levinson Colloquy, Russell G. Pearce

Faculty Scholarship

When we acknowledge the contradiction between the project's goal and the reality of group influence, we are led to consider the alternative strategy of creating community. Such a strategy would invite lawyers to begin a community dialogue regarding how each of our group identities, and the responses of others to our identities, interfere with our efforts to realize the goal of equal justice. While significant to the understanding of group dynamics, consideration of Jewish lawyering probably has limited value as a predictor of an individual lawyer's professional conduct. The actual and potential influence of Jewishness on lawyering is quite diverse, …

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