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Articles 1 - 30 of 135
Full-Text Articles in Legal Profession
Reimagining The Path Forward: Preparing And Promoting The Next Generation Of Arbitrators Through Innovative Mentorship, Disclosure, And Transparency, Homer C. La Rue
Reimagining The Path Forward: Preparing And Promoting The Next Generation Of Arbitrators Through Innovative Mentorship, Disclosure, And Transparency, Homer C. La Rue
Pepperdine Dispute Resolution Law Journal
The article addresses a pivotal moment for the labor-management arbitration profession. As demographic changes and the growing complexity of labor relations coincide with a decline in the number of qualified arbitration professionals, Professor La Rue emphasizes the critical role senior arbitrators play as mentors and gatekeepers for the next generation. The piece explores mentorship models, including the traditional “Legacy Method” and initiatives designed to expand opportunities for underrepresented groups, such as the Ray Corollary Initiative. The article also offers actionable recommendations to advance disclosure and transparency, including: (1) reducing barriers to entry for new arbitrators; (2) establishing a formal mentorship …
Hiding Elephants In Mouseholes: Judicial (Mis)Application Of The Federal Arbitration Act To Attorney-Client Arbitration Agreements, Gregory L. Smith
Hiding Elephants In Mouseholes: Judicial (Mis)Application Of The Federal Arbitration Act To Attorney-Client Arbitration Agreements, Gregory L. Smith
Pepperdine Dispute Resolution Law Journal
This article criticizes cases and commentary that assume, without argument, that the Federal Arbitration Act (FAA) and its decidedly pro-arbitration jurisprudence apply to determine the enforceability of private attorney-client arbitration agreements, thus preempting state bar rules governing disclosures that lawyers must otherwise provide to clients when proposing private, binding arbitration in place of bar-sponsored arbitration regimes. The author argues that applying the FAA and its jurisprudence to attorney-client arbitration agreements raises significant constitutional issues regarding the states’ recognized authority to regulate the legal profession—an issue that courts and commentators have simply ignored.
Civility And Inter-Cultural Dialogue: Negotiating Respect In The Law School Classroom And Beyond, Chris Chambers Goodman
Civility And Inter-Cultural Dialogue: Negotiating Respect In The Law School Classroom And Beyond, Chris Chambers Goodman
Pepperdine Dispute Resolution Law Journal
Increasing polarization magnifies the importance of inter-cultural dialogue, which can be fruitful if the participants treat one another with civility. Civility manifests in various forms, and this Comment will focus on civility through the lens of Stephen L. Carter’s lauded book Civility: Manners, Morals, and the Etiquette of Democracy, applying lessons at the micro-level in the law school classroom. Part II explores various aspects of civility and the rules governing civility. Then, Part III focuses on civility in the legal profession and California’s new Continuing Learning Education (CLE) requirement. Next, Part IV briefly addresses views of civility from faith perspectives. …
Pandemic As Panacea: The Positive Long-Term Impact Of Forced Innovation In The Legal Industry, J. Mark Phillips
Pandemic As Panacea: The Positive Long-Term Impact Of Forced Innovation In The Legal Industry, J. Mark Phillips
The Journal of Business, Entrepreneurship & the Law
Despite the untold disruption the COVID-19 pandemic continues to inflict upon the legal industry, several positive outcomes may ultimately emerge. These unexpected gains may not only improve the practice of law but also address long-standing weaknesses in the industry. In this article, I utilize Roger’s Innovation Diffusion model to shed preliminary light on the unprecedented phenomenon of forced, comprehensive, and immediate adoption of new technology throughout the legal industry. While doing so, I highlight the way this sudden adoption will likely change perceptions regarding perennial areas of tension, such as mental health and work-life balance. Finally, I argue that the …
Bob Cochran On Law And Lawyering: A Catholic Perspective, Stephen M. Bainbridge
Bob Cochran On Law And Lawyering: A Catholic Perspective, Stephen M. Bainbridge
Pepperdine Law Review
This Essay is a contribution to a festschrift honoring Pepperdine law professor Robert Cochran. In addition to his many other professional accomplishments, Professor Cochran is a leading figure in the study of Law and Christianity. One strain of Law and Christianity scholarship focuses on normative critiques of substantive legal issues based on Christian theology. In other words, it seeks to make the civil law more moral; i.e., to conform Man’s Law to God’s Law. A second strain seeks to help lawyers deal with the difficulties inherent in being a Christian and a lawyer. As Cochran has put it, one might …
The Communitarian Work And Vision(S) Of Robert Cochran (And Thomas Shaffer), Richard W. Garnett
The Communitarian Work And Vision(S) Of Robert Cochran (And Thomas Shaffer), Richard W. Garnett
Pepperdine Law Review
Professor Robert Cochran’s work and thought were powerfully shaped by those of his friend, mentor, and teacher, the late Professor Thomas Shaffer, a towering figure in the religious lawyering movement. A leading theme in Shaffer’s writing, one that has continued through and been developed in Cochran’s, is “community.” This Essay explores and unpacks this theme and highlights several ways that the idea of “community” functions in their vision of the lawyer’s role and vocation.
Leveraging Legal Analytics And Spend Data As A Law Firm Self-Governance Tool, Nancy B. Rapoport, Joseph R. Tiano Jr.
Leveraging Legal Analytics And Spend Data As A Law Firm Self-Governance Tool, Nancy B. Rapoport, Joseph R. Tiano Jr.
The Journal of Business, Entrepreneurship & the Law
Our essay has five parts: (i) a discussion of how external forces are reshaping the economics of today’s legal industry; (ii) examples of the types of decisions that tend to drive up the cost of bills in contravention of ethical duties; (iii) a discussion of possible reasons for those decisions (including a short discussion of social science explanations); (iv) a description of how attorneys can use data analytics tools to self-govern how they staff, deliver and bill for their legal services; and (v) recommendations for how both clients and law firms can benefit from proactively managing, on the front end, …
Mapping Legalzoom's Disruptive Innovation, Matthew T. Ciulla
Mapping Legalzoom's Disruptive Innovation, Matthew T. Ciulla
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Rise Of Artificial Intelligence In The Legal Field: Where We Are And Where We Are Going, Sergio David Becerra
The Rise Of Artificial Intelligence In The Legal Field: Where We Are And Where We Are Going, Sergio David Becerra
The Journal of Business, Entrepreneurship & the Law
The twenty-first century has brought significant technological advancement that permeates all aspects of our lives. The legal field, though slow in the adaption of this technology, is beginning to pick up the pace. Artificial Intelligence (AI) technology is used now to perform legal work once completed solely by legal practitioners. This Comment outlines what AI is and reviews the current use of AI in the legal field. It also identifies AI products and developments that are in place. Finally, it argues that lawyers will always be needed in the practice of law, despite the continued growth of AI.
The Multi-Purpose Attorney: The Interpreting Attorney-Mediator, Catherine Gramajo
The Multi-Purpose Attorney: The Interpreting Attorney-Mediator, Catherine Gramajo
Pepperdine Dispute Resolution Law Journal
The attorney-mediator may be a beneficial hybrid, but what happens when another layer is added to the attorney's functions? Specifically, what happens when the attorney takes on the role of both mediator and interpreter? Part I will provide a brief overview of the increasing role of attorneys as mediators, as well as an overview of the guidelines for mediators and interpreters. Part II examines the importance of language and culture in mediation, particularly focusing on the vital function of the interpreter in the United States. Given the variety of languages spoken in the United States, interpreters are becoming an essential …
Legal Design Lawyering: Rebooting Legal Business Model With Design Thinking, Vronique Fraser, Jean-Frangois Roberge
Legal Design Lawyering: Rebooting Legal Business Model With Design Thinking, Vronique Fraser, Jean-Frangois Roberge
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski
Do Lawyers Matter? The Effect Of Legal Representation In Civil Disputes, Emily S. Taylor Poppe, Jeffrey J. Rachlinski
Pepperdine Law Review
With declining law school enrollments, rising rates of pro se litigation, increasing competition from international lawyers and other professionals, and disparaging assessments from the Supreme Court, the legal profession is under increasing attack. Recent research suggesting that legal representation does not benefit clients has further fueled an existential anxiety in the profession. Are lawyers needed and do they matter? In this Article, we review the existing empirical research on the effect of legal representation on civil dispute outcomes. Although the pattern of results has complexities, across a wide range of substantive areas of law (housing, governmental benefits, family law, employment …
The Zombie Lawyer Apocalypse, Peter H. Huang, Corie Rosen Felder
The Zombie Lawyer Apocalypse, Peter H. Huang, Corie Rosen Felder
Pepperdine Law Review
This article uses a popular cultural framework to address the near-epidemic levels of depression, decision-making errors, and professional dissatisfaction that studies document are prevalent among many law students and lawyers today. Zombies present an apt metaphor for understanding and contextualizing the ills now common in the American legal and legal education systems. To explore that metaphor and its import, this article will first establish the contours of the zombie literature and will apply that literature to the existing state of legal education and legal practice — ultimately describing a state that we believe can only be termed “the Zombie Lawyer …
The Case For Forgiveness In Legal Disputes, Eileen Barker
The Case For Forgiveness In Legal Disputes, Eileen Barker
Pepperdine Dispute Resolution Law Journal
The article offers information on the education and understanding of forgiveness, which assists lawyers and mediators in supporting their clients in the area of forgiveness. It discusses two types of forgiveness relevant to legal disputes including bilateral forgiveness and unilateral forgiveness, and briefs common misconceptions about forgiveness. It analyzes that the essence of forgiveness is the giving up of resentment, anger, and hatred.
Apology, Forgiveness, Reconciliation & Therapeutic Jurisprudence, Susan Daicoff
Apology, Forgiveness, Reconciliation & Therapeutic Jurisprudence, Susan Daicoff
Pepperdine Dispute Resolution Law Journal
The article offers information on the definition of the apology, forgiveness, and reconciliation processes. It discusses the relationship between these concepts and explains the benefits of practical use of apology, forgiveness, and reconciliation in the law. It informs that these concepts provide an effective healing to dispute or conflicts between individuals, groups, or institutions.
Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner
Government Code 800: Reimbursement Of Counsel Fees, Gayle Posner
Pepperdine Law Review
No abstract provided.
New Challenges To Investor's Counsel: Legal Risk Analysis And The Work-Out Perspective In Ldc Investment, Allen P.K. Keesee
New Challenges To Investor's Counsel: Legal Risk Analysis And The Work-Out Perspective In Ldc Investment, Allen P.K. Keesee
Pepperdine Law Review
No abstract provided.
In Memoriam: Milton Brent Oldham, David J. Agatstein
In Memoriam: Milton Brent Oldham, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Iowa Unemployment Appeals Telephone Hearing Process, Bruce Graham
The Iowa Unemployment Appeals Telephone Hearing Process, Bruce Graham
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Management Of Federal Agency Adjudication, Jeffrey S. Lubbers
Management Of Federal Agency Adjudication, Jeffrey S. Lubbers
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Nine Secrets For Living With Judges , J.P. Vero
Nine Secrets For Living With Judges , J.P. Vero
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Evidence For Administrative Law Judges, Christine Mckenna Moore
Evidence For Administrative Law Judges, Christine Mckenna Moore
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein
Administrative Law Judges Under Fire: Association Of Administrative Law Judges, Inc. V. Heckler, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Erosion Of Judicial Immunity, David J. Agatstein
The Erosion Of Judicial Immunity, David J. Agatstein
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Report On The National Conference Of Administrative Law Judges (Aba), Paul Wyler
Report On The National Conference Of Administrative Law Judges (Aba), Paul Wyler
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Law In Minnesota, William Brown
Administrative Law In Minnesota, William Brown
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
What Makes A Good Judge?, Jane W. Nelson
What Makes A Good Judge?, Jane W. Nelson
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Art Of Legal Writing, Thomas E. Spahn
The Art Of Legal Writing, Thomas E. Spahn
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake
Public Access To Physician And Attorney Disciplinary Proceedings, Michael Spake
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Peer Review Process In Administrative Adjudication, Robert Robinson Gales
The Peer Review Process In Administrative Adjudication, Robert Robinson Gales
Journal of the National Association of Administrative Law Judiciary
No abstract provided.