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Articles 271 - 300 of 309

Full-Text Articles in Legal Profession

Paternalism, James W. Nickel Apr 1985

Paternalism, James W. Nickel

Articles

No abstract provided.


On The Social Significance Of Large Law Firm Practice, Robert A. Kagan, Robert E. Rosen Jan 1985

On The Social Significance Of Large Law Firm Practice, Robert A. Kagan, Robert E. Rosen

Articles

No abstract provided.


Preparation Of The Multistate Bar Examination: One Drafting Committee's Perspective, John W. Reed Jan 1985

Preparation Of The Multistate Bar Examination: One Drafting Committee's Perspective, John W. Reed

Articles

One who wants to know how the Multistate Bar Examination is created should begin by learning how the drafting committees work. My assignment is to describe the work of one of those committees: the Evidence Committee. Though there are differences among the six committees, they mostly are ones of style, and to learn how to operate in the evidence group is to understand the process generally.


The Quest For Silence: Faulkner's Lawyer In A Comparative Setting, Richard H. Weisberg Apr 1984

The Quest For Silence: Faulkner's Lawyer In A Comparative Setting, Richard H. Weisberg

Articles

The article explores William Faulkner's portrayal of Gavin Stevens, a fictional lawyer, highlighting his evolution as a character and his unique place within the tradition of literary lawyer figures. The analysis focuses on Gavin's development in The Town, where he learns the value of silence and observation, distinguishing him from other lawyers in literature who often remain static in their personal growth. The article situates Gavin within a broader literary context, comparing him to characters from works by authors like Dickens and Twain, and argues for his significance as a complex and sympathetic character.


The Moral Responsibility Of Law Schools, Terrance Sandalow Jan 1984

The Moral Responsibility Of Law Schools, Terrance Sandalow

Articles

The subject I have been asked to address, the moral responsibility of-law schools, is perplexing, less because answers to the implicit question are uncertain than because the meaning of the question is unclear. Our ideas about moral responsibility have been formed in reference to individuals. They presuppose the existence of distinctively human characteristics such as understanding and will. What, then, can be meant by the moral responsibility of "law schools," institutions that, just because they are not human, necessarily lack these capacities?


Litigation Abuse And The Law Schools, John W. Reed Jan 1983

Litigation Abuse And The Law Schools, John W. Reed

Articles

At the Ninth Circuit Judicial Conference in July, 1983, one session was devoted to a discussion of "Excessive Discovery: A Symptom of Litigation Abuse." (Without knowing, I would guess that a similar title appeared on just about every judicial conference program this year-and last year, and the one before that.) Frank Rothman, President of MGM/United Artists, addressed the subject from the point of view of a corporate client, and his remarks are printed in this issue, beginning at page 342. Judges and trial lawyers expressed their views. And I was asked to comment on the extent to which the law …


The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White Jan 1983

The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White

Articles

My subject today is "legal literacy," but to put it that way requires immediate clarification, for that phrase has a wide range of possible meanings with many of which we shall have nothing to do. At one end of its spectrum of significance, for example, "legal literacy" means full competence in legal discourse, both as reader and as writer. This kind of literacy is the object of a professional education, and it requires not only a period of formal schooling but years of practice as well. Indeed, as is also the case with other real languages, the ideal of perfect …


The Ethics Of Argument: Plato's Gorgias And The Modern Lawyer, James Boyd White Jan 1983

The Ethics Of Argument: Plato's Gorgias And The Modern Lawyer, James Boyd White

Articles

In what follows I shall analyze Plato's text and do my best to suggest a response to it. But I should say at the outset that for the modern lawyer and law teacher this is not merely an academic exercise, for we in fact are rhetoricians very much as Plato defines them. What is at stake for us in reading this dialogue is what it means to have devoted ourselves to the set of social and intellectual practices that define the profession of law. We have a special relation to this text, for we can in the full Platonic sense …


Justice, Bureaucracy, And Legal Method, Jospeh Vining Dec 1981

Justice, Bureaucracy, And Legal Method, Jospeh Vining

Articles

In the real world justice denied is not justice. Talking from the beginning about access to justice, rather than simply justice, emphasizes in a salutary way this commonplace of citizen and client. Justice that is inaccessible, delayed, refused does not just sit there glowing like a grail, which those separated from it may contemplate and yearn for. It is only in imagining that justice is available to someone, and in imagining what it would be like to be that someone, that one can see the thing as justice at all. To put it in economic terms, justice is not a …


In The Halls Of Ivy: Legal Robots, Lester Brickman Jan 1976

In The Halls Of Ivy: Legal Robots, Lester Brickman

Articles

The article argues that law schools must move beyond traditional theoretical education to incorporate clinical training, emphasizing the development of practical skills like client counseling and emotional competence. It highlights the gap between intellectual learning and real-world client interactions, advocating for a more holistic approach to legal education.


Women In The Law, James J. White Jan 1967

Women In The Law, James J. White

Articles

IN 1869 Belle A. Mansfield, reputedly the first female lawyer admitted to practice in the United States, was admitted to the state bar of Iowa. Others soon followed her and this dribble of women entering the legal profession has grown to a persistent and continuous trickle in the twentieth century, but it shows no signs of becoming a flood. At last count approximately 7,000 out of America's 300,000 listed lawyers were women. Since the practice of law-even in the most masculine and aggressive Perry Mason style-does not require a strong back, large muscles, or any of the other peculiarly male …


Ann Arbor And Legal Aid, James J. White Jan 1967

Ann Arbor And Legal Aid, James J. White

Articles

Since the leasing of its office in August 1965, the Washtenaw County Legal Aid Society has been open nearly 50 hours per week and has been staffed exclusively by second and third-year law students from the University of Michigan Law School. The bulk of the practice has been in family law--divorce, support, custody--but there have been a substantial number of creditor-debtor cases, a handful of misdemeanor defense cases, and a large batch of miscellaneous cases.


The Law School Of The University Of Michigan: 1859 - 1959, Elizabeth Gaspar Brown Aug 1959

The Law School Of The University Of Michigan: 1859 - 1959, Elizabeth Gaspar Brown

Articles

On October 3, 1959, the law school of the University of Michigan will have completed a hundred years of functioning existence. A century earlier, on October 3, 1859, James Valentine Campbell delivered an address On the Study of the Law at the Presbyterian Church in Ann Arbor, officially opening the law department.


Legal Education: Past, Present, Future, E. Blythe Stason Aug 1959

Legal Education: Past, Present, Future, E. Blythe Stason

Articles

For this Law School Centennial issue of the Journal, I am undertaking to offer, first, a retrospective view of legal education of the past generation, and, second, a speculative preview of the years that lie ahead. This is a task of no slight challenge, for legal education is a truly complex activity in a rapidly changing world. To present an evaluation of the past as well as a prediction for the future within the compass of a short article necessarily involves both brevity and careful selection of the features of the subject to be examined. Moreover, since I am principally …


Symbolic Logic: A Razor-Edged Tool For Drafting And Interpreting Legal Documents, Layman E. Allen Jan 1957

Symbolic Logic: A Razor-Edged Tool For Drafting And Interpreting Legal Documents, Layman E. Allen

Articles

A large amount of the litigation based on written instruments-whether statute, contract, will, conveyance or regulation-can be traced to the draftsman's failure to convey his meaning clearly. Frequently, of course, certain items may purposely be left ambiguous, but often the question in issue is due to an inadvertent ambiguity that could have been avoided had the draftsman clearly expressed what he intended to say. In this Article it is suggested that a new approach to drafting, using certain elementary notions of symbolic logic, can go a long way towards eliminating such inadvertent ambiguity. This new approach makes available to draftsmen …


The Courts And Early Bar Of Washington Territory, Arthur S. Beardsley, Donald A. Mcdonald Jan 1942

The Courts And Early Bar Of Washington Territory, Arthur S. Beardsley, Donald A. Mcdonald

Articles

Territorial justice in Washington had its roots in the judicial system of Oregon Territory, where the need for the administration of law and order was the motivating force which initiated the formation of civil authority The administration of justice, like the civil authority, must expand as the population grows and as the territorial area becomes larger and better organized. Strong men are always needed in the administration of justice; but in the frontier settlement where law and order are often flouted with impunity, even stronger men are needed if the courts are to command the respect which is their due. …


The Reform Of Civil Procedure, Edson R. Sunderland Jul 1923

The Reform Of Civil Procedure, Edson R. Sunderland

Articles

Professor Sunderland addresses the pernicious involvement of legislators in legal reform, contrary to the English model. This duty should be left to those who know the Law better than any: "The courts constitute the judicial department of the state, and the judges who preside and the lawyers who practice in them are the selected group of trained men charged with the responsibility for administering the law."


Change In Entrance Requirements To State University Law School, Henry M. Bates Feb 1923

Change In Entrance Requirements To State University Law School, Henry M. Bates

Articles

“A very important step forward in legal education was taken on January 25th, 1924, when the Regents of the University of Michigan adopted the unanimous recommendation of the law faculty for the raising of entrance requirements to the Law School, as follows ….”


An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland Jan 1923

An Inquiry Concerning The Functions Of Procedure In Legal Education, Edson R. Sunderland

Articles

Procedure has always been the bete noire of the law school teacher. No other subject has developed such divergent opinions or such endless debates. None recurs with such periodic frequency and in no field of legal pedagogy has discussion seemed so barren of results. Three different general sessions of the Association of American Law Schools during the last ten years have been devoted largely or wholly to the subject of teaching procedure, and yet no substantial progress seems to have been made toward a standardized scheme of treatment. Individual teachers and schools have their individual views and policies, and they …


Judicial Statesmen, John B. Waite Jan 1922

Judicial Statesmen, John B. Waite

Articles

KNOWLEDGE of the Common Law "doth no way conduce to the making of a statesman. It is a confined and topicall kind of Learning calculated only for the Meridian of WestministerHall, and reacheth no further than Dover. Transplant a Common Lawyer to Calice, and his head is no more usefull there than a Sun-dyal in a grave." So an anonymous individual placarded England, some three hundred years ago, in protest against the election of lawyers to Parliament. It is unquestionably true, today, that knowledge of the common law-in its customary connotation of precedent--does not in and of itself make a …


Legal Education And Admission To The Bar, Henry M. Bates Jan 1922

Legal Education And Admission To The Bar, Henry M. Bates

Articles

From Conclusions: "We cannot close this report with some general remarks concerning standards of admission to the bar. An examination of the Proceedings of the American and the various state bar associations during the last few years will show a constant expression of dissatisfaction with the comparatively low standards for admission which prevail ..."


Reinstatement Of Disbarred Attorney, Edson R. Sunderland Jan 1922

Reinstatement Of Disbarred Attorney, Edson R. Sunderland

Articles

The petitioner asked to be reinstated. The court, excepting Justice Fellows, who concurred in the result but expressed no opinion, said they would be glad to reinstate him but for the fact that he was a non-resident, which in their opinion made him ineligible, but they gave their endorsement of his good character by vacating the order of disbarment. The questions which occur are these: 1. Did the court have the power to vacate its order of disbarment after the time for opening, amending or vacating judgments had passed? 2. Did the vacation of the order of disbarment operate ipso …


Attorney's Lien For Services - Set-Off Of Judgments, Edson R. Sunderland Jan 1920

Attorney's Lien For Services - Set-Off Of Judgments, Edson R. Sunderland

Articles

Anglo-Saxon judges, as members of the legal profession, have shown an admirable freedom from professional bias and class selfishness in dealing with questions involving the rights and privileges of members of their profession. With every opportunity offered for treating lawyers as a favored class, they have been able to maintain a detached and objective attitude toward them. Indeed, the courts seem to have preferred to be charged with excessive severity in dealing with their brethren of the bar rather than give the slightest ground for suspicion that they were capitalizing their power in the interest of the legal fraternity.


Privileged Communication Between Attorney And Client-Question Of Whether The Relation Exists Left To Jury-Party Allowed To Assign Error On Ruling Violating The Privilege, Victor H. Lane Jan 1920

Privileged Communication Between Attorney And Client-Question Of Whether The Relation Exists Left To Jury-Party Allowed To Assign Error On Ruling Violating The Privilege, Victor H. Lane

Articles

This procedure was justified in the opinion in State v. Snook (Court of Errors and "Appeals of N. J., 1920), 109 Atl. 289. Snook was on trial for manslaughter charged as having been committed by the reckless driving of an automobile. After the act, Mimmick, one of the persons in the automobile, and afterward a witness for the defense, went to an attorney and had some conversation with him, the substance of which, as testified to by the attorney, was a recital by M. of what had occurred and an inquiry by him of the attorney as to what he …


Admission To The Bar, Edwin C. Goddard Feb 1918

Admission To The Bar, Edwin C. Goddard

Articles

This article is written in the belief that the hour is here when some changes in admissions to the bar should be urged and urged again, when some things often thought and discussed in certain assemblies should be openly and frankly talked over with the profession at large.


Legal Education, Henry M. Bates Nov 1917

Legal Education, Henry M. Bates

Articles

Bates describes the growth of law schools and the changing nature of legal education: "The outstanding fact in legal education in this country during the past twenty-five years is the shift from the law office to the law school as the avenue of approach to the bar.... This increase in the number of institutions teaching law and in the number of students preparing for the bar in this way makes on the whole for improvement, but the ointment is not without its flies..."


What Is The Outlook For The Lawyer?, Henry M. Bates Jan 1916

What Is The Outlook For The Lawyer?, Henry M. Bates

Articles

This is a question which is being asked with frequency and painful anxiety all over the country by young men expecting to go to the bar and by many who have only recently been admitted. To the veterna practitioner at the bar it may seem presumptuous that devoting his entire time and energy to law school work should undertake any sort of answer to the question thus propounded. Nevertheless, I venture to say the opportunities for studying and estimating the conditions and factors which must be taken into account in reaching and answer are in some respects quite good for …


A Four Year Course In Law, Henry M. Bates Jan 1915

A Four Year Course In Law, Henry M. Bates

Articles

In the February, 1914, number of The Alumnus, devoted in part to the Michigan Law School, some account was given of the large number of new courses which had been added recently to the curriculum. The courses commented upon in that discussion, besides one advanced course in procedure, deal mainly with what may be called extra-legal or at least extra-professional subjects, such as the History of English Law, the Philosophy of Law and advanced courses in Roman Law and Jurisprudence. Prior to this period of expansion in the law curriculum many other additions had been made to the list of …


Should Applicants For Admission To The Bar Be Required To Take A Law School Course?, Henry M. Bates Jan 1915

Should Applicants For Admission To The Bar Be Required To Take A Law School Course?, Henry M. Bates

Articles

If the requirements for admission to the bar had been advanced in any thing like equal degree with the progress made in law schools, there would be unqualified reasons for rejoicing in the prospect. Unfortunately, however, this is far from the case, though some notable advances even in this respect have been made. It is remarkable and unfortunate that in America and in Great Britain, whose system of law is undoubtedly the most difficult of all systems in the world to master, we require no institutional or school training of the men who are to fill the important functions of …


Defects In Our Legal System, Henry M. Bates Jan 1914

Defects In Our Legal System, Henry M. Bates

Articles

That the practice of law and the administration of justice are under a fire of popular distrust and criticism of extraordinary intensity requires no proof. A fact of which there is evidence in numerous contemporary books, in almost every magazine, in the daily papers, in the remarks, or the questions, or it may be in the sneers, of one's friends, requires no further demonstration. The only questions of importance to be answered are to what extent this criticism and this distrust are well founded, what are the remedies for such defects as exist, and how and by whom should they …