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Journal

1999

Discipline
Institution
Keyword
Publication

Articles 31 - 60 of 69

Full-Text Articles in Legal Profession

The Ethics Of Being A Commentator Iii, Erwin Chemerinsky, Laurie Levenson May 1999

The Ethics Of Being A Commentator Iii, Erwin Chemerinsky, Laurie Levenson

Mercer Law Review

The use of lawyers and law professors as commentators continues to increase. Although reporters have long used experts to explain and evaluate, in the last decade legal commentators have become a fixture in news stories about legal proceedings. A decade ago, when the McMartin Preschool case filled the news in Los Angeles, scarcely a commentator was used. A few years later, when the officers who beat Rodney King were tried in state court, daily legal commentary was absent. In sharp contrast, commentators were used on a regular basis during the federal prosecution of those officers. The subsequent trial of two …

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Reconstructing Atticus Finch? A Response To Professor Lubet, Ann Althouse May 1999

Reconstructing Atticus Finch? A Response To Professor Lubet, Ann Althouse

Michigan Law Review

In one of her childishly obtuse moments, Scout, the narrator of Harper Lee's To Kill a Mockingbird, denies that her father Atticus Finch is any sort of proper example of how a lawyer ought to act when cross-examining a witness. The prosecutor's crossexamination of the accused Tom Robinson has moved her friend Dill to tears: "I couldn't stand . . . [t]hat old Mr. Gilmer doin' him thataway, talking so hateful to him _" Scout, who has taken her friend out of the courtroom, explains: "Dill, that's his job . . . . He's supposed to act that way." Atticus, …

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Foreword, Jeffrey Rosen May 1999

Foreword, Jeffrey Rosen

Michigan Law Review

America now is a society addicted to legalism that has lost its faith in legal argument. The impeachment of Bill Clinton was only the most visible manifestation of this paradox. Both Democrats and Republicans professed a rhetorical commitment to the rule of law while revealing a deep pessimism about the ability of courts, legislatures, or even citizens to transcend their biases and to converge, through deliberation, on impartial and democratically acceptable outcomes. The simplistic Supreme Court decisions that precipitated the impeachment - in particular, Morrison v. Olson,1 upholding the Independent Counsel law, and Jones v. Clinton,2 denying the President temporary …

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Response To Steven Lubet: A Reaction: "Stand Up, Your Father [A Lawyer] Is Passing", Burnele V. Powell May 1999

Response To Steven Lubet: A Reaction: "Stand Up, Your Father [A Lawyer] Is Passing", Burnele V. Powell

Michigan Law Review

Professor Steven Lubet's review examines in the lawyering context the truth of Due de La Rochefoucauld's observation that "[o]ur virtues are mostly but vices in disguise." His question - one going to the very heart of what lawyering is about - asks readers of To Kill a Mockingbird whether they would be equally prepared to accept the fictional Atticus Fmch as the personification of the good lawyer if his black client, defendant Tom Robinson, actually committed the rape of the white woman, Mayella Ewell, for which he was charged. If Robinson was a rapist, how then does one square Atticus's …

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Spring 1999 Apr 1999

Spring 1999

Transcript

No abstract provided.

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Coming Of Age: Recognizing The Importance Of Interdisciplinary Education In Law Practice, Janet Weinstein Apr 1999

Coming Of Age: Recognizing The Importance Of Interdisciplinary Education In Law Practice, Janet Weinstein

Washington Law Review

This Article proposes that lawyers need to be creative problem solvers if they are truly to serve the needs of their clients. The ability to collaborate with professionals from other disciplines is an important aspect of creative problem solving. The Article examines the skills required for creative problem solving and law students' and attorneys' facility with these skills.The Article further discusses the barriers to providing interdisciplinary training in law schools and suggests ways to incorporate such training.

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A Primer On 11 U.S.C. § 328(A) And Its Use In Alternative Billing Methods In Bankruptcy, Robert J. Landry Iii, James R. Higdon Mar 1999

A Primer On 11 U.S.C. § 328(A) And Its Use In Alternative Billing Methods In Bankruptcy, Robert J. Landry Iii, James R. Higdon

Mercer Law Review

Compensation of attorneys and professionals in the bankruptcy field is one of the most written about areas in bankruptcy law. Professionals, both familiar and unfamiliar with the mandates of the Bankruptcy Code and Federal Rules of Bankruptcy Procedure, are having an increasingly difficult time obtaining approval for the envisioned compensation. Problems generally do not arise for debtors' attorneys in the run-of-the-mill Chapter 7 case or Chapter 13 case. Flat fees are charged in most of these cases, and applications to employ debtors' attorneys are not filed. Therefore, retention orders are not entered. However, outside the run-of-the-mill Chapter 7 or 13 …

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Confrontation Confronted, Richard D. Friedman, Margaret A. Berger, Steven R. Shapiro Jan 1999

Confrontation Confronted, Richard D. Friedman, Margaret A. Berger, Steven R. Shapiro

Law Quadrangle (formerly Law Quad Notes)

The following article is an edited version of the amicus curiae brief filed with the Supreme Court of the United States in the October Term, 1998, in the case of Benjamin Lee Lilly v. Commonwealth of Virginia(No.98-5881). "This case raises important questions about the confrontation clause, which has been a vital ingredient of the fair trial right for hundreds of years," Professor Richard Friedman and his co-authors say. "In particular, this case presents the Court with an opportunity to reconsider the relationship between the confrontation clause and the law of hearsay." On June 10 the Court handed down a decision …

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Doing Well & Doing Good: The Careers Of Minority And White Graduates Of The University Of Michigan Law School, 1970 - 1996, David L. Chambers, Richard O. Lempert, Terry K. Adams Jan 1999

Doing Well & Doing Good: The Careers Of Minority And White Graduates Of The University Of Michigan Law School, 1970 - 1996, David L. Chambers, Richard O. Lempert, Terry K. Adams

Law Quadrangle (formerly Law Quad Notes)

In the last few yearsm affirmative action in higher education has faced increasing legal scrutiny, in part because of doubts about the kinds of graduates these programs produce. A few years ago, we and some of our colleagues at Michigan started asking whether we could learn the answers to these questions about the careers of our graduates. The Law School already possessed considerable information about our minority graduates - from the surveys we have conducted each year for over 30 years of our alumni five and 15 years after graduation. But, while the annual survey asks many questions about careers …

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Should Kentucky Impose An Enforceable Duty On Lawyers To Report Other Lawyers' Professional Misconduct?, Parker D. Eastin Jan 1999

Should Kentucky Impose An Enforceable Duty On Lawyers To Report Other Lawyers' Professional Misconduct?, Parker D. Eastin

Kentucky Law Journal

No abstract provided.

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An Argument On The Record For More Federal Judgeships, William M. Richman Jan 1999

An Argument On The Record For More Federal Judgeships, William M. Richman

The Journal of Appellate Practice and Process

A case is made for increasing the number of federal judges. The author uses the loss of judge involvement in decisionmaking to begin his argument. The discussion then addresses the arguments against increasing federal judgeships.

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19 Tips From 19 Years On The Appellate Bench, Patricia M. Wald Jan 1999

19 Tips From 19 Years On The Appellate Bench, Patricia M. Wald

The Journal of Appellate Practice and Process

A former Chief Judge of the United States Court of Appeals for the District of Columbia Circuit provides nineteen pieces of appellate advice to commemorate her nineteen years with the court.

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From Webster To Word-Processing: The Ascendance Of The Appellate Brief, William H. Rehnquist Jan 1999

From Webster To Word-Processing: The Ascendance Of The Appellate Brief, William H. Rehnquist

The Journal of Appellate Practice and Process

Chief Justice William Rehnquist analyzed the evolution of Supreme Court advocacy. The discussion begins with the initial preference for oral arguments and the influence of nineteenth century Supreme Court advocate Daniel Webster. The discussion then turns to the Court’s shift from more attention to oral argument to written briefs.

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In Defense Of Oral Argument, Stanley Mosk Jan 1999

In Defense Of Oral Argument, Stanley Mosk

The Journal of Appellate Practice and Process

Stanley Mosk presents a case against the trend of appellate courts granting oral argument less frequently.

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And Miles To Go Before I Sleep: The Road To Gender Equity In The California Legal Profession, Maryann Jones Jan 1999

And Miles To Go Before I Sleep: The Road To Gender Equity In The California Legal Profession, Maryann Jones

University of San Francisco Law Review

No abstract provided.

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Gender, Risk Taking, And Negotiation Performance, Charles B. Craver, David W. Barnes Jan 1999

Gender, Risk Taking, And Negotiation Performance, Charles B. Craver, David W. Barnes

Michigan Journal of Gender & Law

This Article will evaluate the impact of the confluence of two factors- gender and the availability of a credit/no-credit grading option- on student performance in Professor Craver's Legal Negotiating course at George Washington University. Our empirical assessment will analyze the results achieved on negotiation exercises and on course papers by the 612 male and female law students who took Professor Craver's course over the past eleven years. Do a greater percentage of female students take the Legal Negotiating course on a credit/no-credit basis, when that option is available, than do their male cohorts? Are the woman students who take the …

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The Dichotomy Between Standards And Rules, Mary C. Daly Jan 1999

The Dichotomy Between Standards And Rules, Mary C. Daly

Vanderbilt Journal of Transnational Law

The differences in perception between U.S. and foreign lawyer codes of conduct is more than simply a matter of academic interest or curiosity. It is only a matter of time until the WTO turns its attention to the codes, examining whether and to what extent they create illegitimate regulatory barriers to trade in legal services. As the participants in the Forum on Transnational Legal Practice have come to realize, if the legal profession is to play a meaningful role in cross-border regulation, it must seize the initiative, much as the CCBE did in 1988 with the adoption of the CCBE …

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Lawyering For Social Change: What's A Lawyer To Do?, Kevin R. Johnson Jan 1999

Lawyering For Social Change: What's A Lawyer To Do?, Kevin R. Johnson

Michigan Journal of Race and Law

This article analyzes two questions that are raised by Professor Yamamoto's provocative article. Part I argues that any significant transformation of the social structure of United States society is far more likely to occur through mass political movements than through litigation. Consequently, advocates of social change, especially those trained in law, should not expect too much reform from the courtrooms. They instead should consider how traditional legal action might complement and encourage-not replace-community activism and political involvement. Put simply, an exclusive focus on litigation will not accomplish fully the desired objective. Part II contends that attorneys' ethical duties to their …

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[On The] Road Back In: Community Lawyering In Indigenous Communities, Christine Zuni Cruz Jan 1999

[On The] Road Back In: Community Lawyering In Indigenous Communities, Christine Zuni Cruz

American Indian Law Review

No abstract provided.

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Arthur J. Goldberg's Legacies To American Labor Relations, 32 J. Marshall L. Rev. 667 (1999), Gerald Berendt, Gil Cornfield, Peter Edelman Jan 1999

Arthur J. Goldberg's Legacies To American Labor Relations, 32 J. Marshall L. Rev. 667 (1999), Gerald Berendt, Gil Cornfield, Peter Edelman

UIC Law Review

No abstract provided.

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A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune Jan 1999

A Proposal To Require Lawyers To Disclose Information About Procedural Matters, William H. Fortune

Kentucky Law Journal

No abstract provided.

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Coaching Witnesses, Fred C. Zacharias, Shaun Martin Jan 1999

Coaching Witnesses, Fred C. Zacharias, Shaun Martin

Kentucky Law Journal

No abstract provided.

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Introduction And Dedication, J. Thomas Sullivan Jan 1999

Introduction And Dedication, J. Thomas Sullivan

The Journal of Appellate Practice and Process

The Journal of Appellate Practice and Process, introduction

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Renewed Introspection And The Legal Profession, Eugene R. Gaetke Jan 1999

Renewed Introspection And The Legal Profession, Eugene R. Gaetke

Kentucky Law Journal

No abstract provided.

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Fixing Rule 1.6: The Montreal Formulation Makes It Work, Melissa Bartlett Jan 1999

Fixing Rule 1.6: The Montreal Formulation Makes It Work, Melissa Bartlett

Kentucky Law Journal

No abstract provided.

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Rethinking The Way Law Is Taught: Can We Improve Lawyer Professionalism By Teaching Hired Guns To Aim Better?, W. William Hodges Jan 1999

Rethinking The Way Law Is Taught: Can We Improve Lawyer Professionalism By Teaching Hired Guns To Aim Better?, W. William Hodges

Kentucky Law Journal

No abstract provided.

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Ethics 2000 And Insurance Defense Conflicts Of Interest In Kentucky, Craig Paulus Jan 1999

Ethics 2000 And Insurance Defense Conflicts Of Interest In Kentucky, Craig Paulus

Kentucky Law Journal

No abstract provided.

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The Lawyer's Duty To Disclose Material Facts In Contract Or Settlement Negotiations, Nathan M. Crystal Jan 1999

The Lawyer's Duty To Disclose Material Facts In Contract Or Settlement Negotiations, Nathan M. Crystal

Kentucky Law Journal

No abstract provided.

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The Professional And The Liar, Richard H. Underwood Jan 1999

The Professional And The Liar, Richard H. Underwood

Kentucky Law Journal

No abstract provided.

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Minnesota V. Philip Morris, Inc.: An Important Legal Ethics Message Which Neglects The Public Interest In Product Safety Research, Edward J. Imwinkelried, James R. Mccall Jan 1999

Minnesota V. Philip Morris, Inc.: An Important Legal Ethics Message Which Neglects The Public Interest In Product Safety Research, Edward J. Imwinkelried, James R. Mccall

Kentucky Law Journal

No abstract provided.

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