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Articles 31 - 60 of 83
Full-Text Articles in Legal Profession
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
Needed: The Social-Scientific Lawyer, Kent M. Weeks
Needed: The Social-Scientific Lawyer, Kent M. Weeks
Cleveland State Law Review
Once confined to academic journals and considered irrelevant to American law, the empirical findings of the behavioral sciences are now the lawyer's tools. The Supreme Court not only accepts empirical data of the social scientists in briefs, but implicitly seeks such data in order to enable the court to make decisions.
Opinions Of Counsel: Responsibilities And Liabilities, Gaspare A. Corso Jr.
Opinions Of Counsel: Responsibilities And Liabilities, Gaspare A. Corso Jr.
Cleveland State Law Review
I have surveyed the views of lawyers and laymen in an effort to ascertain: what lawyers intend their opinion letters to be, what clients expect when they request opinion letters, and what is expected by various governmental agencies from lawyers representing clients before such agencies.
Fair And Reasonable Attorney Fees, Jack Griesmar
Fair And Reasonable Attorney Fees, Jack Griesmar
Cleveland State Law Review
The beginning of each attorney and client relationship places the attorney in a position of having to determine the worth of his service for the particular work required of him, in order that he may do the "job" for this particular client. The attorney has invested a great deal of time and expense in developing his skills in the area of the law. He is given the right to charge for the service which he can render by the state or states in which he is licensed to practice his trade. The question then presents itself: What is a fair …
Processing A Workmen's Compensation Case In Ohio, James L. Young
Processing A Workmen's Compensation Case In Ohio, James L. Young
Cleveland State Law Review
The Workmen's Compensation system, which has been a part of Ohio law since May 31, 1911, represents a sharp departure in concept from the earlier methods of redressing work injuries. Under Workmen's,Compensation, neither the negligence of the employer nor that of, the employee plays any part in the determination of the employee's entitlement to the stated benefits. It is the fact of injury sustained in the course of and arising out of employment which is critical.
The Law, The Lawyers, And The Writers, L. Neille Shoemaker
The Law, The Lawyers, And The Writers, L. Neille Shoemaker
Cleveland State Law Review
The great writers have one thing in common-they castigate the human race, including themselves, the frailties of mankind, and his noble institutions. Law and the lawyers have suffered at the hands of the writers. The doctors have suffered even more. Most rulers, if they lived long enough, have been the subject of satire, caricatures, exposure, or castigation. The church and churchmen have also suffered. The principal subject matter of satire over the centuries has been the Church. ... Because of this general emphasis on soiled humanity, the legal profession need not feel alone as it finds itself the subject matter …
A Case For Computers In Law Practice, Donald J. Elardo
A Case For Computers In Law Practice, Donald J. Elardo
Cleveland State Law Review
There is no profession which has more to gain from dramatic new technological developments for the automation of information than the legal profession.
Book Review, Mort L. Kaplan
Book Review, Mort L. Kaplan
Cleveland State Law Review
Reviewing Albert Averbach and Charles Price, eds., The Verdicts Were Just: Eight Famous Attorneys Present Their Most Memorable Cases, Lawyers Co-operative Publishing Co., 1966
A Revolution In The Law Practice, F. William Mccalpin
A Revolution In The Law Practice, F. William Mccalpin
Cleveland State Law Review
When I was a boy, there was a popular abbreviated saying, "Comes the revolution," with the usually unsaid, but well understood additive, "Things will be different around here." My suggestion in this writing is that we may well be on the verge of a revolution in the practice of law, and that things may indeed "be different around here" in the practice.
Legal Ethics And The Poverty Program, Kenneth D. Korosec
Legal Ethics And The Poverty Program, Kenneth D. Korosec
Cleveland State Law Review
This paper has attempted to reconcile the neighborhood legal services plan with the existing Canons of Professional Ethics.The prime argument is that the plan provides benefits to society, and that the Canons were designed to prevent evils far different from the questions presented by the project. This is the fundamental issue: whether the canons are merely bent, or, in reality, broken. In either event, the canons should not prevent justice for those too poor to pay for a lawyer. The"redeeming social interest" spoken of by the Court in obscenity cases and the "overriding social importance" talked about in social legislation …
A Neighborhood Law Office: The New Haven Project, Charles D. Gill
A Neighborhood Law Office: The New Haven Project, Charles D. Gill
Cleveland State Law Review
The first new step taken by the New Haven community was the establishment of free legal services for the poor in offices located within poverty stricken neighborhoods. The offices serve all persons residing within a particular geographic area who meet a financial eligibility standard. Our services are available in both civil and criminal matters. The only type of cases specifically excluded are personal injury plaintiff suits, where there is the possibility of a contingent fee arrangement.