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Articles 61 - 90 of 123
Full-Text Articles in Legal Profession
Is America Over-Lawyered, Shirley M. Hufstedler
Is America Over-Lawyered, Shirley M. Hufstedler
Cleveland State Law Review
Are we over-lawyered? The answer that a lawyer must give is the kind of response that always exasperates laypersons-yes and no. We do have far more lawyers than we can absorb in the existing professional structures, at costs that can be paid by persons who need those services. The unmet need for legal services is very large and growing. Program after program designed to fund legal aid for the poor has been cut or extinguished. Even in a profession that is as crowded as our own, there is always room for the very best, the dedicated and the least selfish.
How To Write And Speak More Effectively As Advocate, Negotiator, Or Counselor -- Suggestions To The Budding Lawyer, Arthur R. Landever
How To Write And Speak More Effectively As Advocate, Negotiator, Or Counselor -- Suggestions To The Budding Lawyer, Arthur R. Landever
Law Faculty Articles and Essays
How best to give you some ideas about legal communication? The traditional approach is to focus narrowly upon a particular type, for example, appellate oral argument. My approach is different. I view communication in its total aspect -- whatever its general nature (e.g. writing or speech), degree of formality (e.g. brief or office negotiation), or audience (e.g. lawyer or layman). My ideas proceed from a fundamental assumption: As a student you can gain insights about the subject, by first studying the broad canvas. As you then reflect upon any particular mode, it can be set against that background. The suggestions …
A New Model For Legal Communication: Sensory Experience And Representational Systems, John L. Barkai
A New Model For Legal Communication: Sensory Experience And Representational Systems, John L. Barkai
Cleveland State Law Review
This article will present a model for improving oral legal communication. The discussion will demonstrate how human beings create sensory-based models of the parts of the world they experience' and how these models affect the communication process. The three principal sensory-based channels of communication will be described, and the article will explain how both knowledge and use of these channels can improve the rapport and informational functions of communication. Emphasis will be placed on the lawyer's ability to recognize the world model of the people with whom he communicates and to adapt his own process of communication to insure that …
Law School Never Stops, Robert L. Clare
Law School Never Stops, Robert L. Clare
Cleveland State Law Review
In the past, law school graduates were molded into lawyers through along period of training. However, the modern legal community - law firms, law staffs of corporations and government agencies, bar associations, continuing legal education institutes and law schools - has begun to implement a whole new philosophy of legal training predicated upon the direct teaching of legal practice skills rather than the experience orientated process.
Chart I - Summary Of Aba Model Rule And State Rules And Statutes, Cleveland State Law Review
Chart I - Summary Of Aba Model Rule And State Rules And Statutes, Cleveland State Law Review
Cleveland State Law Review
No abstract provided.
Approaches And Stumbling Blocks To Integration Of Skills Training And The Traditional Methods Of Teaching Law, W. Noel Keyes
Approaches And Stumbling Blocks To Integration Of Skills Training And The Traditional Methods Of Teaching Law, W. Noel Keyes
Cleveland State Law Review
Having practiced for many years before becoming a law professor, the author felt compelled to look at the problem of how to integrate practical training into traditional methods for teaching law. It was soon evident that the solution could not be found if one took a pejorative attitude, dwelling on negative terminology such as "anti-intellectualism," but only if it was recognized that law study has little meaning without a concurrent study of its practice. This commentary will propose a mode for accomplishing this integration.
The Legacy Of Clinical Education: Theories About Lawyering, Carrie Menkel-Meadow
The Legacy Of Clinical Education: Theories About Lawyering, Carrie Menkel-Meadow
Cleveland State Law Review
This article will examine some of the various schools of thought about what lawyers do. It is offered as a commentary on the beginning of a philosophy or sociology of lawyering that is derived from the clinical movement which will survive long after the pedagogical and political disputes about clinical methodology have been resolved. This is a subjective study which incorporates my own interpretations of the concepts of the various schools of thought. I describe the approaches to or theories about lawyering and their "creators" as I know them, recognizing that some major theories, schools and people may not for …
Why Don't Law Schools Teach Law Students How To Try Law Suits, Edward J. Devitt
Why Don't Law Schools Teach Law Students How To Try Law Suits, Edward J. Devitt
Cleveland State Law Review
As chairman of the Devitt Committee I was exposed to a wide range of views concerning the issue of the quality of trial advocacy in this country's courts. That experience made apparent the seriousness of the problem of inadequate trial advocacy and the necessity for appropriate remedies. The cure for this lies primarily with the law schools. What is needed is a fundamental change in attitude among American law schools. This commentary will establish that these pragmatic views have the support of logic, history and the available hard evidence.
Professional Responsibility Of A Law Teachers, Norman Redlich
Professional Responsibility Of A Law Teachers, Norman Redlich
Cleveland State Law Review
What are the essential ingredients of the proposed code of professional responsibility for the law teacher? First, the law teacher should take seriously the subject of ethics and professional responsibility. Second, law teachers should insist on students adhering to professional standards. Third, the essential quid pro quo for insisting on high professional standards on the part of the student is for the law teacher to demonstrate respect for students and for their time. Law teachers should respond to the views of the students with the courtesy and respect accorded to fellow professionals. Respect for one's faculty colleagues is an important …
Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway
Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway
Cleveland State Law Review
This article will review the parallel patterns of development of clinical education and the sixth amendment, highlighting areas in which the practices of the former either conflict, or contain the potential for conflict with the latter. An analysis will be made of the present legal status of law student representation of indigent criminal defendants, with reference primarily to constitutional and sixth amendment considerations, but also to such related matters as the confidentiality of student-client communications, law student professional responsibility, and the applicability to students of state bar disciplinary rules. Finally, guidelines will be proposed regarding the proper scope of student …
Love, Professional Responsibility, The Rule Of Law, And Clinical Legal Education, Steven H. Leleiko
Love, Professional Responsibility, The Rule Of Law, And Clinical Legal Education, Steven H. Leleiko
Cleveland State Law Review
The primary purpose of this article is to explore the tensions which arise in persons who come to law school because they view the practice of law as an expression of their love and concern for people. In examining the underlying causes of these tensions, six related factors will be looked at: (1) the relationship between the values of traditional legal education and the support or lack of support which these values afford to the affective characteristics of students; (2) the role of one's job as a means of expressing love; (3) the role of job satisfaction in one's life; …
Here's What We Do: Some Notes About Clinical Legal Education, Stephen Wizner, Dennis Curtis
Here's What We Do: Some Notes About Clinical Legal Education, Stephen Wizner, Dennis Curtis
Cleveland State Law Review
For the past decade we have been engaged in developing the Yale Law School clinical program. From time to time academic colleagues, practicing lawyers, and even non-lawyers have asked what we do. Until we were invited to do so, however, we never could bring ourselves to put down on paper some of our thoughts about legal education in general, and clinical legal education in particular, gleaned from years of working in the field. These notes represent a beginning in that direction.
The Contradictions Of Clinical Legal Education, Ralph S. Tyler, Robert S. Catz
The Contradictions Of Clinical Legal Education, Ralph S. Tyler, Robert S. Catz
Cleveland State Law Review
The central thesis of this commentary is that clinical methodology is sound theoretically, as it provides a necessary and vital complement to other modes of legal education, but that the exciting potential of this method will not be realized so long as law school clinical programs rely primarily on "live client" cases to teach their students. Because the live client model is used extensively in clinical programs, this commentary will assess that model of clinical education by seeking to identify the problems associated with maintaining a law office in the law school environment. Particular attention will be given to the …
Clinical Legal Education: The Case Against Separatism, Frank W. Munger
Clinical Legal Education: The Case Against Separatism, Frank W. Munger
Cleveland State Law Review
In this article I attempt to support my conclusion that the future of clinical education lies in its contributions to the classroom, rather than in its function as an independent source of training. This last phase of the clinical movement is the most important, and will constitute the greatest contribution of clinicians to legal education. I will argue that the concerns of clinicians have stimulated the soundest recent thinking about improvements in legal education, and that, therefore, clinics should be used to develop innovations in teaching which can be applied to the traditional classroom. If my arguments are valid, then …
General Thoughts On Admission To Practice In The Federal Courts Of The United States, Robert L. Bogomolny
General Thoughts On Admission To Practice In The Federal Courts Of The United States, Robert L. Bogomolny
Cleveland State Law Review
The need for improvement in the quality of practice of law has resulted in a recent tendency to look to two major areas as sources for this improvement. These sources are relatively obvious but need to be restated. The first involves the quality of legal education, particularly in areas dealing with advocacy and adequate representation of clients. The second area involves qualification for admission to the practice of law. What is needed is a critical evaluation of all of the proposals for reform of the quality of advocacy in the courts. It is possible that some may miss the central …
The Federal Rules Of Evidence And The Quality Of Practice In Federal Courts, Stephen A. Saltzburg
The Federal Rules Of Evidence And The Quality Of Practice In Federal Courts, Stephen A. Saltzburg
Cleveland State Law Review
One point that I shall endeavor to make today is that the Federal Rules of Evidence offer an opportunity for dramatic improvement in federal trial court practice. In the hands of the most experienced practitioner or the novice litigator just weaned from law school, the evidence rules offer a promise of even-handed justice that has heretofore been unavailable. Used properly, the Federal Rules of Evidence hold out a promise that trials might be less costly to litigants in terms of out-of-pocket expenditures, that the societal costs associated with erroneous decisions by trial judges might be reduced, and that federal litigants' …
The Immunity Of Public Defenders Under Section 1983, Ellen Keller
The Immunity Of Public Defenders Under Section 1983, Ellen Keller
Cleveland State Law Review
The Circuit Courts of Appeals that have considered the question of a public defender's liability issue have all held public defenders or court-appointed counsel immune from personal liability for actions taken in the course of representing their clients. This note will examine the ways in which the courts have disposed of these cases, discuss factors that have inclined federal courts to grant immunity to public defenders under section 1983, and weigh the advisability of personal liability for malpractice of those who defend indigent defendants in criminal trials.
Future Roles For Lawyers: Reflections On Crossing The Bar, Thomas Ehrlich
Future Roles For Lawyers: Reflections On Crossing The Bar, Thomas Ehrlich
Cleveland State Law Review
Sometime ago, the New York Times reported that Erwin Griswold -former Dean of the Harvard Law School, former President of the American Bar Foundation, former Solicitor General of the United States, and one of my own mentors and friends -was asked whether all private lawyers should donate some of their time and talents to serving the poor. "Should carpenters build houses free?" he responded. The question was obviously intended as rhetorical, but in view of Mr. Griswold's stature in the legal profession his analogy deserves serious consideration, and his views deserve a serious response. My comments attempt to provide that …
The Unpopularity Of Lawyers In America, Jon R. Waltz
The Unpopularity Of Lawyers In America, Jon R. Waltz
Cleveland State Law Review
What's wrong with us lawyers? Mainly, it is that the worst among us pose for our portrait, so that we are viewed as avaricious and egomaniacal, all flair and no substance, seeking and wielding power without having the strength of character to wield it well. Lost to the public is the portrait of most lawyers, the sorts of lawyers that I hope this University produces. They are quiet people who come to the law, and stay with it, because they know that the law's power lets them help people make the best of a trying world.
The Woman Law Student: The View From The Front Of The Classroom, Jurate Jason, Lizabeth Moody, James Schuerger
The Woman Law Student: The View From The Front Of The Classroom, Jurate Jason, Lizabeth Moody, James Schuerger
Cleveland State Law Review
The primary purpose of this study was to examine law professors' opinions on selected areas of the professor-student relationship with primary focus on the professors' views of and reactions to women law students. A secondary purpose of the study was to stimulate law professors to examine their attitudes and behavior toward women law students.
Book Review, Harvey S. Yasinow
Book Review, Harvey S. Yasinow
Cleveland State Law Review
Reviewing Bernard Asbell, What Lawyers Really Do: Six lawyers Talk About their Life and Work, Peter H. Wyden Inc., 1970
Tardiness Of Attorneys As Contempt Of Court, Thomas L. Esper
Tardiness Of Attorneys As Contempt Of Court, Thomas L. Esper
Cleveland State Law Review
Tardiness of an attorney is a violation of the Cannons of Professional Ethics. A continual disregard of the canons of ethics constitutes misconduct or moral turpitude. Misconduct or moral turpitude are grounds for disbarment. Just as clearly, tardiness of an attorney is punishable as contempt of court. Contempt of court is viewed as a criminal conviction, since the contemner is subject to fines and imprisonment. Contempt of court, if sufficiently repeated, is ground for disbarment.
Trade Association Offering Legal Services - A Possibility For Small Corporations, Robert R. Hussey
Trade Association Offering Legal Services - A Possibility For Small Corporations, Robert R. Hussey
Cleveland State Law Review
Small corporations generally belong to a trade association which allows them to increase their proficiency in and knowledge of their industry. As a possible solution to the problem of increasing legal service requirements this paper investigates the suitability of allowing these trade associations to provide legal services to member corporations.
Labor Union Group Legal Service For Members, Eugene Green
Labor Union Group Legal Service For Members, Eugene Green
Cleveland State Law Review
The right of associations to provide their members with legal services appears to be as broad as the freedom of assembly and discussion protected by the First and Fourteenth Amendments. These freedoms "are not confined to any field of human interest" and are of the same dimension in matters of local or national interest.
Lawyers And Legislatures, John C. Mcdonald, James S. Turner
Lawyers And Legislatures, John C. Mcdonald, James S. Turner
Cleveland State Law Review
Throughout its history, this nation and this state have had to depend in large part on the ability of its lawyers for effective legislative action. At a time when the State legislature is dealing with billions of dollars and millions of lives, it is even more crucial that the organized bar involve itself intimately in the daily legislative activities of Ohio. Lawyers working through the legislature have an important part to play in improving the lives of Ohioans.
The Pompous Professions, Howard L. Oleck
The Pompous Professions, Howard L. Oleck
Cleveland State Law Review
Pomposity seems to be a characteristic of many practitioners of the learned professions. Many lawyers, for their self-estimate, are sure that they are the paladins of justice, and also often are vain of their intellectual prowess beyond all reasonable limits of objective evaluation. But for sheer breath-taking pomposity, few things can equal the lofty self-esteem of many law school teachers and administrators.
Group Law Services In Patent Law, G. Franklin Rothwell
Group Law Services In Patent Law, G. Franklin Rothwell
Cleveland State Law Review
If group legal services are to pervade the field of patent law, and in view of the UMW case and the activities of the unregistered patent practitioners, that I suspect is imminent, the most stringent safeguards should be specifically set forth, including the following: specific approvaland regulation by the Patent Office of the group, its modus operandi,and the patent practitioners participation; and stringent restrictions by the Patent Office of the groups' advertising and promotional activities, both written and outside the group. The Patent Office now has statutory authority to regulate registered practitioners, and some regulation could be accomplished in this …
Pragmatic Approach To Problems Of Group Law Practice, Herschel Kriger
Pragmatic Approach To Problems Of Group Law Practice, Herschel Kriger
Cleveland State Law Review
United Mine Workers of America, District 12 v. Illinois State Bar Association, is one of the latest in a line of holdings which have demonstrated that areas heretofore considered by the Bar as sacrosanct unto itself or the state courts are not immune from re-evaluation. That decision, rendered on December 5, 1967, was not unexpected in the light of the pronouncements of the Supreme Court in NAACP v. Button, and Railroad Trainmen v. Virginia Bar Association, and the process is likely to continue.
Emily Post Goes To Court, Vincent S. Dalsimer
Emily Post Goes To Court, Vincent S. Dalsimer
Cleveland State Law Review
After a few years of observing attorneys from the other side, rather than the other end, of the counsel table, I have concluded that courtroom etiquette is the most rapidly declining of all of the social or professional graces. Perhaps this is because the fine points of the art are essentially trivia. Perhaps, on the other hand, the laudable modern trend away from the rigidity of procedure and the pre-trial sanctity of the opposing side's theory of the lawsuit has been carried to the point of dropping the facade of courtesy along with the penetration of the shield of the …
Book Review, Carl D. Hamilton
Book Review, Carl D. Hamilton
Cleveland State Law Review
Reviewing Martin Mayer, Emory Buckner, Harper & Row, 1968