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Articles 1 - 30 of 63
Full-Text Articles in Legal Profession
Vol. 4, No. 01 (December 2005)
They're Playing A Tango, John W. Reed
They're Playing A Tango, John W. Reed
Other Publications
An address at the State Bar of Michigan Annual Meeting Luncheon, September 22, 2005.
The Professionalism Crisis: How Bar Examiners Can Make A Difference, Clark D. Cunningham
The Professionalism Crisis: How Bar Examiners Can Make A Difference, Clark D. Cunningham
Faculty Publications By Year
No abstract provided.
The Billable Hours Derby: Empirical Data On The Problems And Pressure Points, Susan Saab Fortney
The Billable Hours Derby: Empirical Data On The Problems And Pressure Points, Susan Saab Fortney
Faculty Scholarship
This article considers the consequences of law firm use of the hourly billing method and the recent increase in billable hour requirements. Part I of this article describes the rationale and methodology of an empirical study conducted in 2005 that explored attorney work-life issues and employer efforts to assist attorneys in dealing with work-life conflicts. Part II summarizes select study findings related to billable hours requirements and pressure. Part III concludes by considering what forces and players will change the current course of conduct in which law firm leaders treat increases in billable hours expectations as a necessary evil.
Vol. 3, No. 09 (October/November 2005)
Advancing Public Interest Practitioner Research Skills In Legal Education, Randy J. Diamond
Advancing Public Interest Practitioner Research Skills In Legal Education, Randy J. Diamond
Faculty Publications
The information revolution has dramatically altered the legal research landscape, expanding the bounds of legal authority. Practitioner research requires more than traditional legal research. It also encompasses factual investigation, non-legal information, interdisciplinary and audience research. Many new lawyers are ill-prepared to research novel and unusual situations, to cope with unwritten laws and local customs, and to meet shifting authority expectations.
Politically Motivated Bar Discipline, James E. Moliterno
Politically Motivated Bar Discipline, James E. Moliterno
Faculty Publications
Bar discipline and admission denial have a century~long history of misuse in times of national crisis and upheaval. The terror war is such a time, and the threat of bar discipline has once again become an overreaction to justifiable fear and turmoil. Political misuse of bar machinery is characterized by its setting in the midst of turmoil, by its target, and by its lack of merit. The current instance of politically motivated bar discipline bears the marks of its historical antecedents.
Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.
Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Vol. 3, No. 08 (September 2005)
Transnational Legal Practice Developments, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Carole Silver, Clifford J. Hendel, Jonathan Goldsmith, Masahiro Shimojo
Transnational Legal Practice Developments, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Carole Silver, Clifford J. Hendel, Jonathan Goldsmith, Masahiro Shimojo
Faculty Scholarly Works
No abstract provided.
Legal Scholarship As Resistance To 'Science', Steven D. Smith
Legal Scholarship As Resistance To 'Science', Steven D. Smith
University of San Diego Public Law and Legal Theory Research Paper Series
Why do law professors continue to produce scholarship even after achieving tenure? This essay, presented as part of a AALS panel discussing “Why We Write?”, considers some common and less common responses, and suggests that for at least a few professors, legal scholarship can serve as a way of resisting the overbearing dominance of the “scientific” worldview evident in so much modern thought in favor of a perspective more attentive to the value of persons.
Law Firm General Counsel As Sherpa: Challenges Facing The In-Firm Lawyer's Lawyer, Susan Saab Fortney
Law Firm General Counsel As Sherpa: Challenges Facing The In-Firm Lawyer's Lawyer, Susan Saab Fortney
Faculty Scholarship
This article addresses the increasing trend in law firms appointing general counsel. Part I of this article provides an overview of the frequency of law firms employing the services of general counsel and the different roles general counsel may assume in law firms. Part II outlines the duties of general counsel in advising the firm on matters related to firm structure. Part III observes that general counsel may play an important role in helping law firms choose the most appropriate method to compensate its lawyers to achieve the desired results. Part IV stresses the importance of the preventative measures general …
Interview With Timothy J. Carson, David Spiegel, Timothy J. Carson, Legal Oral History Project, University Of Pennsylvania Carey Law School
Interview With Timothy J. Carson, David Spiegel, Timothy J. Carson, Legal Oral History Project, University Of Pennsylvania Carey Law School
Legal Oral History Project
For transcript, click the Download button above. For video index, click the link below.
TImothy J. Carson (W '70) has practiced in Philadelphia for forty years in the field of public sector law, especially public finance. He is currently a partner at Dilworth Paxson LLP. He is an elected Fellow of the American College of Bond Counsel.
Recalling The Legal Services Corporation’S Critical First Steps, Roger C. Cramton
Recalling The Legal Services Corporation’S Critical First Steps, Roger C. Cramton
Cornell Law Faculty Publications
No abstract provided.
An Experiment In Integrating Critical Theory And Clinical Education, Margaret E. Johnson
An Experiment In Integrating Critical Theory And Clinical Education, Margaret E. Johnson
All Faculty Scholarship
Critical theory is important in live-client clinical teaching as a means to achieve the pedagogical goals of clinical education. Feminist legal theory, critical race theory, and poverty law theory serve as useful frameworks to enable students to deconstruct assumptions they, persons within institutions, and broader society make about the students' clients and their lives. Critical theory highlights the importance of looking for both the "obvious and non-obvious relationships of domination." Thus, critical theory informs students of the presence and importance of alternative voices that challenge the dominant discourse. When student attorneys ignore or are unaware of such voices, other voices …
A Theory Of Access To Justice, Robert Rubinson
A Theory Of Access To Justice, Robert Rubinson
All Faculty Scholarship
This Article draws upon three observations: 1) the vast majority of disputes involve low-income litigants; 2) the vast majority of public and private resources of dispute resolution are allocated to disputes involving wealthy individuals and organizations; 3) any principled moral or ethical analysis demonstrates that the stakes are much higher in disputes involving low-income disputants than in disputes involving affluent individuals or organizations. Thus, the legal matters that attract a minute percentage of dispute resolution resources implicate issues of food and shelter, life and death. The Article describes a methodology - called "Resources of Dispute Resolution" or "RDR" - for …
Lawyers In Cyberspace: The Impact Of Legal Listservs On The Professional Development And Ethical Decisionmaking Of Lawyers, Leslie Levin
Lawyers In Cyberspace: The Impact Of Legal Listservs On The Professional Development And Ethical Decisionmaking Of Lawyers, Leslie Levin
Faculty Articles and Papers
This article explores the impact of trial lawyers= associations on the professional identities of its members, their professional development, their understanding of practice norms, and their ethical decision making. It does so by looking at the New York State Trial Lawyers= Association (ANYSTLA@), and more specifically, the conversations that occur on its listserv. When these conversations are viewed in the context of the history and current operations of NYSTLA, it is possible to see how such listservs powerfully promote shared professional values and views within NYSTLA=s membership. The listserv extends the advice networks of trial lawyers far beyond the small …
Advancing With A Clear Vision, Lauren K. Robel
Advancing With A Clear Vision, Lauren K. Robel
Lauren Robel (2002 Acting; 2003-2011)
No abstract provided.
"In A Case, In A Book, They Will Not Take A Second Look!" Critical Reading In The Legal Writing Classroom, Debra Curtis, Judith Karp
"In A Case, In A Book, They Will Not Take A Second Look!" Critical Reading In The Legal Writing Classroom, Debra Curtis, Judith Karp
Faculty Scholarship
This article is based on a presentation that was first assembled for the Southeastern Regional Legal Writing Conference in September 2003. The theme of that conference was "The Basics and Beyond: Building Solid Skills on Flawed Foundations." As legal writing professions with nine years of teaching experience between us, we immediately honed in on "reading" as a core lawyering skill--though it is the one that seemed most flawed in the first-year legal writing class. We determined that case analysis, statute analysis, synthesis, and application were not possible unless students critically read the material with which they were working. Many students …
Licensing And Discipline Of Fiscal Professionals In The State Of Florida: Attorneys, Certified Public Accountants, And Real Estate Professionals, Debra Curtis
Faculty Scholarship
The purpose of this article is to compare the regulation of several professions within the state of Florida. In Florida, attorneys are self-regulated through the Florida Bar. As a branch of the Supreme Court of Florida, The Florida Bar serves as the licensing agency of attorneys within the state. Two other professions--real estate professionals and certified public accountants--in which the public also places fiscal trust and responsibility, are regulated through a different agency, the Department of Business and Professional Regulation. This article seeks to examine and explain the different methods of licensing and regulation between these professional groups and looks …
The Politics Of Misconduct: Rethinking How We Regulate Lawyer-Politicians, 57 Rutgers L. Rev. 839 (2005), Kevin Hopkins
The Politics Of Misconduct: Rethinking How We Regulate Lawyer-Politicians, 57 Rutgers L. Rev. 839 (2005), Kevin Hopkins
UIC Law Open Access Faculty Scholarship
No abstract provided.
Cyberbullies On Campus, 37 U. Tol. L. Rev. 51 (2005), Darby Dickerson
Cyberbullies On Campus, 37 U. Tol. L. Rev. 51 (2005), Darby Dickerson
UIC Law Open Access Faculty Scholarship
My goals in this article are to introduce the law school community to the problem of cyberbullies, and to alert deans, administrators, and professors to the risks associated with this form of bullying-so that the problem can be acknowledged and addressed, and so that we may all learn and work in as safe an environment as possible.
The New Prosecution, Kay L. Levine
The New Prosecution, Kay L. Levine
Faculty Articles
This Article proceeds as follows. Part I introduces the Statutory Rape Vertical Prosecution Program that took shape in California in the mid-1990s. In addition to explaining how this program emerged and its central features, I highlight the aspects of the SRVPP that distinguish California statutory rape prosecutors from the traditional image of the local prosecutor in the United States. Part II offers some background on the new prosecution and the problem-oriented approach to criminal justice, explaining how this model differs from the traditional crime-based or case-based method of criminal justice work. In Part III, I use empirical data derived from …