Legal Profession Commons^™

From Rome To The Restatement: S.P. Scott, Fred Blume, Clyde Pharr, And Roman Law In Early Twentieth Century America, Timothy G. Kearley

Timothy G. Kearley

Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.

Foreword: Kratovil Symposium Issue Of The John Marshall Law Review, 38 J. Marshall L. Rev. 1 (2004), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.

Memorial: Nancy P. Johnson (1949-2014), Kristina L. Niedringhaus

Kristina L Niedringhaus

No abstract provided.

From Criminal Law To Urban Law And Policy: A Tribute To Professor Feridun Yenisey, Ryan Rowberry, Julian Juergensmeyer

Julian C. Juergensmeyer

No abstract provided.

Dear Sir/Madam: The Lost Art Of Letter Writing, 19 Perspectives: Teaching Legal Res. & Writing 62 (2010), Maureen Collins

Maureen B. Collins

No abstract provided.

Foreword - A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 207 (1992), Michael P. Seng

Michael P. Seng

No abstract provided.

Foreword, 31 J. Marshall L. Rev. 299 (1998), Celeste M. Hammond

Celeste M. Hammond

No abstract provided.

Foreword, 37 J. Marshall L. Rev. 317 (2004), Samuel R. Olken

Samuel R. Olken

No abstract provided.

Legal Aid 1900 To 1930: What Happened To Law Reform?, Mark Spiegel

Mark Spiegel

Law And The Argumentative Theory, 90 Or. L. Rev. 837 (2012), Timothy P. O'Neill

Timothy P. O'Neill

Like many law professors, I have coached my share of moot court teams. As you probably know, in most competitions students either choose or are assigned one side of the case to brief. But for the oral argument segment of the competition, students must argue both sides of the case, “on-brief” and “off-brief,” often in alternate rounds. At the end of a competition, with their heads still swimming with arguments and counterarguments, students will sometimes ask, “OK, so can you tell us which is the correct side?” I always say, “Of course I can. . . . The correct side …

Redefining Professionalism, Rebecca Roiphe

Rebecca Roiphe

REdefining PRofessionalism

Abstract

Rebecca Roiphe*

Most scholars condemn professionalism as self-serving, anti-competitive rhetoric. This Article argues that professionalism can be a positive and productive way of thinking about lawyers’ work. While it is undoubtedly true that the Bar has used the ideology of the professional role to support self-interested and bigoted causes, professionalism has also served as an important way of developing and marshalling group identity to promote useful ends. The critics of professionalism tend to view it as an ideology, according to which professionals, unlike businessmen, are concerned not with their own financial gain but with the good …

Encouraging Physician-Attorney Collaboration Through More Explicit Professional Standards, Linda Morton Jd, Howard Taras Md, Vivian Reznik Md, Mph

Linda H Morton

In this age of multi-layered global problem solving, the skill of working with other disciplines is a necessary tool for any professional. Societal ills can no longer be solved by narrow approaches learned in graduate training but call for interdisciplinary collaboration. Effective collaboration of this nature requires the professions to understand the differences in professional cultures and to bridge the communication gap caused by these differences. Legal and medical training offer useful, but often conflicting, approaches to problem solving, thus, potentially impeding our abilities to understand and communicate with others regarding a shared issue or problem. Though each profession has …

The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno

James E. Moliterno

No abstract provided.

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

Annelise Riles

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 …

Professor Frank R. Kennedy, Jack F. Williams

Jack F. Williams

No abstract provided.

Professionalism For The 21st Century: Independence In Context, Rebecca Roiphe

Rebecca Roiphe

Most scholars condemn professionalism as self-serving, anti-competitive rhetoric. This Article argues that professionalism can be a positive and productive way of thinking about lawyers’ work. While it is undoubtedly true that the Bar has used the ideology of the professional role to support self-interested and bigoted causes, professionalism has also served as an important way of developing and marshalling group identity to promote useful ends. The critics of professionalism tend to view it as an ideology, according to which professionals, unlike businessmen, are concerned not with their own financial gain but with the good of their clients and the community …

Language Acculturation Processes And Resistance To In"Doctrine"Ation In The Legal Skills Curriculum And Beyond: A Commentary On Mertz's Critical Anthropology Of The Socratic, Doctrinal Classroom, 34 J. Marshall L. Rev. 131 (2000), Brook K. Baker

Brook K. Baker

No abstract provided.

Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page

Cathren Page

Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403 by Cathren Koehlert-Page Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional. In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend Jimmy’s …

Lawyering In The Lion's Mouth: The Story Of S.D. Redmond And Pruitt V. State, Mary Ellen Maatman

Mary Ellen Maatman

Lawyering in the Lion’s Mouth: The Story of S.D. Redmond and Pruitt v. State unearths a forgotten case with facts worthy of a William Faulkner novel. Set in rural Mississippi, the case involved alleged interracial adultery and infanticide. Luella Williamson, a white woman who killed her baby, told authorities that an African American man named Ervin Pruitt was the child’s father, and claimed he told her to kill the child for fear he would be lynched. She pled guilty to murder and was sentenced to life imprisonment. Her alleged lover, who denied both the relationship and any involvement in the …

The First Thing We Do, Jorge R. Roig

Jorge R Roig

Closing Argument, James H. Seckinger

James H. Seckinger

No abstract provided.

Presenting Expert Testimony, James H. Seckinger

James H. Seckinger

No abstract provided.

A Golden-Age Of Civil Involvement: The Client-Centered Disadvantage For Lawyers As Law Makers, James E. Moliterno

James E. Moliterno

None available.

The Anniversaries Of The Right To Counsel And Thecreation Of The Public Defender’S Office,, Robert Sanger

Robert M. Sanger

There has been much celebration this year of the 50th Anniversary of the Gideon decision1 rendered by the United States Supreme Court in March of 1963. Gideon guaranteed that indigent persons accused of crime would be entitled to representation. It has been said for some time now, that the full promise of Gideon has never been realized. Nevertheless, the right to counsel in criminal cases is an important constitutional right.

2013 also marks the 120th Anniversary of the first public proposal of a public defender system which was introduced in Chicago in 1893. It also marks the 99th anniversary of …

Bringing Light To The Halls Of Shadow, Richard J. Peltz-Steele

Richard J. Peltz-Steele

Appellate judges operate in the shadows. Though they don’t see it that way. “We are judged by what we write,” said U.S. Supreme Court Justice Anthony Kennedy. True too, court proceedings and records are presumptively open to the public. The West Wing of the White House is certainly not so vulnerable to public scrutiny, and the backrooms of legislative chambers are famously smoke-filled. Yet the parts of court activity that we see and hear seem only to whet our appetite for the rest of the process. In this Preface, the author introduces the subject of the journalist and the court, …

The United States Constitution And Its History Through The Barristers And Political, Allen E. Shoenberger

Allen E Shoenberger

No abstract provided.

The "Reason Giving" Lawyer: An Ethical, Practical, And Pedagogical Perspective, Donald J. Kochan

Donald J. Kochan

Whether as a matter of duty or utility, lawyers give reasons for their actions all the time. In the various venues in which legal skills must be employed, reason giving is required in some, expected in others, desired in many, and useful in most. This Essay underscores the pervasiveness of reason giving in the practice of law and the consequent necessity of lawyers developing a skill at giving reasons. This Essay examines reason giving as an innate human characteristic related directly to our need for answers and our constant yearning to understand the answer to the question “why.” It briefly …

"Thinking" In A Deweyan Perspective: The Law School Exam As A Case Study For Thinking In Lawyering, Donald J. Kochan

Donald J. Kochan

As creatures of thought, we are thinking all the time, but that does not necessarily mean that we are thinking well. Answering the law school exam, like solving any problem, requires that the student exercise thinking in an effective and productive manner. This Article provides some guidance in that pursuit. Using John Dewey’s suspended conclusion concept for effective thinking as an organizing theme, this Article presents one basic set of lessons for thinking through issues that arise regarding the approach to a law school exam. This means that the lessons contained here help exercise thought while taking the exam — …

The Tenuous Case For Conscience, Steven D. Smith

Steven D. Smith

If there is any single theme that has provided the foundation of modern liberalism and has infused our more specific constitutional commitments to freedom of religion and freedom of speech, that theme is probably “freedom of conscience.” But some observers also perceive a progressive cheapening of conscience– even a sort of degradation. Such criticisms suggest the need for a contemporary rethinking of conscience. When we reverently invoke “conscience,” do we have any idea what we are talking about? Or are we just exploiting a venerable theme for rhetorical purposes without any clear sense of what “conscience” is or why it …