Legal Profession Commons^™

Reason And Authority In Legal Ethics, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Regulation Of Lawyers Without The Code, The Rules, Or The Restatement: Or, What Do Honor And Shame Have To Do With Civil Discovery Practice?, W. Bradley Wendel

Cornell Law Faculty Publications

One of the most striking things to notice when "looking back" on the regulation of the legal profession is the relative absence of enforceable legal sanctions for unethical behavior by lawyers. Before the promulgation in 1970 of the ABA's Model Code of Professional Responsibility, regulation of the legal profession was largely a matter of a fraternal body taking care of its own, and occasionally expelling miscreants. Now, of course, there is a complex body of law, enforced by courts and regulatory authorities with overlapping jurisdiction, that governs a substantial amount of the day-to-day activities of lawyers.

The hypothesis I explore …

Our Love-Hate Relationship With Heroic Lawyers, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Ethics 2000 And Conflicts Of Interest: The More Things Change . . . ., Charles W. Wolfram

Cornell Law Faculty Publications

Comparative Multi-Disciplinary Practice Of Law: Paths Taken And Not Taken, Charles W. Wolfram

Cornell Law Faculty Publications

It is always an interesting journey to return to one's roots, and many of the most important of my personal and professional roots are here in Cleveland, including my birth and the first twenty years of life. Subsequent wanderings have taken me far from here, but always to return. We consider here another set of journeys and pathways that are institutional, not personal. The paths traversed are both national and international, and they will take us on journeys that are far from completed. They concern the ways in which various contemporary legal cultures have so far approached the subject of …

“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Furthering Justice By Improving The Adversary System And Making Lawyers More Accountable, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Teaching Ethics In An Atmosphere Of Skepticism And Relativism, W. Bradley Wendel

Cornell Law Faculty Publications

I would like to do several things in this essay. First, I am interested in the sources of students' wariness about moral reasoning and claims about objectivity and truth in ethics. Sometimes I feel like a teacher of geography who must confront a deeply entrenched belief that the earth is flat. The earth is not flat, nor is ethics just a matter of opinion, but one wonders why students persist in thinking the opposite. Teaching effectively requires an understanding of where students are coming from. Accordingly, the opening section of this essay is structured around a series of hypotheses to …

Expanding State Jurisdiction To Regulate Out-Of-State Lawyers, Charles W. Wolfram

Cornell Law Faculty Publications

A Tribute To Paul Szasz, John J. Barceló Iii, David Wippman

Cornell Law Faculty Publications

No abstract provided.

Toward A History Of The Legalization Of American Legal Ethics -- Ii The Modern Era, Charles W. Wolfram

Cornell Law Faculty Publications

Lawyer Conduct In The "Tobacco Wars", Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Megafirms, Randall S. Thomas, Stewart J. Schwab, Robert G. Hansen

Cornell Law Faculty Publications

This Article documents and explains the amazing growth of the largest firms in law, accounting, and investment banking. Scholars to date have used various supply-side theories to explain this growth, and have generally examined only one industry at a time. This Article emphasizes a demand-side explanation of firm growth and shows how the explanation is similar for firms in all "project" industries. Legal regulation also plays an important role in determining industry structure. Among the areas covered in this Article are the growth of Multidisciplinary Practice firms (MDPs). MDP growth can best be understood by looking more broadly at the …

Nonlegal Regulation Of The Legal Profession: Social Norms In Professional Communities, W. Bradley Wendel

Cornell Law Faculty Publications

What should be done about lawyers who persist in violating ethical norms that are not embodied in positive disciplinary rules? That question has been a recurrent theme in recent legal ethics scholarship. One response has been to propose, experiment, amend, tinker, draft, comment, and redraft, in an attempt to codify the standard of conduct observed to be flouted widely by the practicing bar. Bar associations and courts are seemingly engaged in a never-ending process of promulgating new codes of professional conduct or rules of procedure under which lawyers may be sanctioned for such conduct as bringing frivolous lawsuits, abusing the …

Lawyer Crimes: Beyond The Law?, Charles W. Wolfram

Cornell Law Faculty Publications

The Duty Of Confidentiality, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Morality, Motivation, And The Professionalism Movement, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Toward A History Of The Legalization Of American Legal Ethics -- I. Origins, Charles W. Wolfram

Cornell Law Faculty Publications

The Ideology Of Judging And The First Amendment In Judicial Election Campaigns, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

The Aba And Mdps: Context, History, And Process, Charles W. Wolfram

Cornell Law Faculty Publications

Inbreeding In Law School Hiring: Assessing The Performance Of Faculty Hired From Within, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

This study compares the scholarly impact of inbred entry-level law school faculty members with the scholarly impact of noninbred entry-level law school faculty members. The sample includes 32 law schools and approximately 700 entry-level faculty members. By our measure of performance, scholarly impact as measured by citation frequency, inbred entry-level law school faculty members do not perform as well as noninbred entry-level faculty members.

Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Closing One Gap But Opening Another?: A Response To Dean Perritt And Comments On The Internet, Law Schools, And Legal Education, Michael Heise

Cornell Law Faculty Publications

No abstract provided.

Professional Secrecy And Its Exceptions: Spaulding V. Zimmerman Revisited, Roger C. Cramton, Lori P. Knowles

Cornell Law Faculty Publications

No abstract provided.

Ranking And Explaining The Scholarly Impact Of Law Schools, Theodore Eisenberg, Martin T. Wells

Cornell Law Faculty Publications

This article measures 32 law schools' academic reputations by citations to their faculties' works. Yale, Chicago, Harvard, and Stanford rank alone at the top. Seven or eight schools compose the next group. We also explore the relation between scholarly impact and entry-level or lateral hire status, gender, minority status, subjects taught, and years in teaching. Lateral hires systematically outperform entry-level hires. We find no substantial evidence of male-female differences. We find some evidence of lower citations for minority females, but this difference is largely attributable to those in teaching fewer than 8 years. For faculty members in teaching more than …

Bismarck's Sausages And The Ali's Resatements, Charles W. Wolfram

Cornell Law Faculty Publications

The Boiling Pot Of Lawyer Conflicts In Bankruptcy, Charles W. Wolfram

Cornell Law Faculty Publications

I take up here only two modest pieces of the current puzzle of lawyer conflicts of interest in bankruptcy practice. One involves the decision of the American Law Institute (hereinafter "ALI") to sidestep the entire field in the course of drafting its Restatement of the Law Governing Lawyers (hereinafter "Restatement"). The other involves the decision of the National Bankruptcy Review Commission (hereinafter "NBRC") to refuse to recommend that Congress do anything at all major to disturb existing law in the same realm. Either the law of lawyer conflicts in bankruptcy has been blessed in its present state by two prestigious …

Inherent Powers In The Crucible Of Lawyer Self-Protection: Reflections On The Llp Campaign, Charles W. Wolfram

Cornell Law Faculty Publications

Batson Ethics For Prosecutors And Trial Court Judges, Sheri Lynn Johnson

Cornell Law Faculty Publications

No abstract provided.

Former-Client Conflicts, Charles W. Wolfram

Cornell Law Faculty Publications