Legal Profession Commons^™

The Report Of The Third Circuit Task Force On Federal Rule Of Civil Procedure 11: An Update, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel

Publications

No abstract provided.

Lawyers As Officers Of The Court, Eugene R. Gaetke

Law Faculty Scholarly Articles

Lawyers like to refer to themselves as officers of the court. Careful analysis of the role of the lawyer within the adversarial legal system reveals the characterization to be vacuous and unduly self-laudatory. It confuses lawyers and misleads the public. The profession, therefore, should either stop using the officer of the court characterization or give meaning to it. This Article proposes certain modifications of the existing rules of professional responsibility that would bring lawyers' actual obligations more in line with those suggested by the label of officer of the court.

The Inside Counsel Movement, Professional Judgment And Organizational Representation, Robert Eli Rosen

Articles

No abstract provided.

Lawyers As Officers Of The Court, Eugene R. Gaetke

Vanderbilt Law Review

In its public assertions, the legal profession promotes a different model: lawyers are officers of the court in the conduct of their professional, and even their personal," affairs. The organized bar has expressly emphasized this obligation in each of its major codifications of the ethical obligations of the profession, including the American Bar Association's most recent effort, the 1983 Model Rules of Professional Conduct.

Lawyers like to refer to themselves as officers of the court. Careful analysis of the role of the lawyer within the adversarial legal system reveals the characterization to be vacuous and unduly self-laudatory. It confuses lawyers …

Lawyers' Lives, Clients' Lives: Can Women Liberate The Profession, Lynn Hecht Schafran

Villanova Law Review

No abstract provided.

The Lawyer’S Professional Independence: Memories, Aspirations, And Realities, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Hold The Corks: A Comment On Paul Carrington's "Substance" And "Procedure" In The Rules Enabling Act, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Note: Insuring Rule 11 Sanctions, Cary Coglianese

All Faculty Scholarship

No abstract provided.

After Professional Virtue, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

The Lawyer's Duty To Keep Clients Informed: Establishing A Standard Of Care In Professional Liability Actions, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This Article will explore the problem of the attorney's duty to provide clients with adequate information to make informed decisions. It will discuss situations in which such a duty is appropriate, and suggest that a cause of action for informed consent must be limited to those fact patterns where courts have established the right of the client to make the decision. The analysis rejects establishment of a broad right of the client to control all aspects of the representation. The Article will first review the history of the development of professional liability law with particular emphasis on the medical profession, …

Autopsy Of A Murder: Using Simulation To Teach First Year Criminal Law, Stacy Caplow

Faculty Scholarship

No abstract provided.

Lessons From A Writing Audit, Tom Goldstein, Jethro K. Lieberman

Articles & Chapters

No abstract provided.

1989 Touro College School Of Law Yearbook, Touro College School Of Law, Touro College Jacob D. Fuchsberg Law Center

Yearbooks and Newsletters

1989 Touro College School of Law Yearbook. This was the first year the name "Jacob D. Fuchsberg Law Center" was featured on the yearbook cover. Established in 1980 with the inception of the Law School, on April 13, 1986 the Touro College Law Center was named for one of the Law School's Board members, The Honorable Jacob D. Fuchsberg, Associate Judge of the New York Court of Appeals from 1975 to 1983. The Fuchsberg Law Center was first mentioned in the 1987 yearbook. The name would be retained when the Law School moved to its present location in Central Islip …

The University And The Aims Of Professional Education, Terrance Sandalow

Book Chapters

The graduate schools of elite American universities, Daniel Bell wrote not many years ago (though before "elite" had become a term of opprobrium), stand at the center of their parent institutions, a position from which they dominate not only American higher education but, increasingly, the intellectual life of the nation. Michigan was, of course, high on Bell's list of elite universities, and it is, therefore, fitting that we mark the fiftieth anniversary of the establishment of its graduate school as an occasion worthy of celebration.

What Can A Lawyer Learn From Literature?, James Boyd White

Reviews

Judge Posner's recent book, Law and Literature: A Misunderstood Relation, has already attracted considerable attention and it is likely to attract even more. The author is a well-known judge, famous for his work in law and economics; in this book he takes the bold step of entering a field very different from that in which he established his reputation; and the book itself both reflects a wide range of reading and contains an enormous number of bibliographical references, all in support of its claim, made in the preface, to be the "first to attempt a general survey and evaluation …

Confidentiality Under The Pennsylvania Attorney-Client Privilege Statutes And The New Pennsylvania Rules Of Professional Conduct, Leonard Packel

Villanova Law Review

No abstract provided.

Warrior Bards, Kevin Mccarthy, Michael E. Tigar

Faculty Scholarship

No abstract provided.

That's Just The Way It Is: Langille On Law, Allan C. Hutchinson

Articles & Book Chapters

This article is a defence of the sceptical critique of the legitimacy of law and adjudication. It is a direct reply to the arguments of Professor Brian Langille, whose article "Revolution Without Foundation: The Grammar of Scepticism and Law" appeared in Volume 33 of this Journal. In that article, Langille defended the viability of law, legal discourse and legal critique primarily by attacking the claim that scepticism based on the "indeterminacy of language" can be grounded in the philosophy of Ludwig Wittgenstein. Professor Hutchinson concentrates his spirited response on the indeterminacy of language. He contends that law fails to meet …

Nonlawyers In The Business Of Law: Does The One Who Has The Gold Really Make The Rules?, Thomas R. Andrews

Articles

For at least sixty years nonlawyers have been prohibited from offering their nonlegal talents in a business combination with lawyers practicing law. Moreover, when the ABA's new model rules were adopted in 1983, the ABA considered carefully but rejected a proposal that would have lifted the traditional ban on nonlawyer ownership of a law business. Nonetheless, the point of each article was that the relevant restrictions in the ethical rules are on their way out.

Commentators have given considerable attention to the unauthorized practice of law by nonlawyers, and to the offering of legal services by nonprofit institutions. The focus …

Should A Christian Lawyer Serve The Guilty?, Thomas L. Shaffer

Journal Articles

People who teach or practice law are in some ways like public executioners or the Air Force officers who watch over the buttons that will send nuclear missiles into action: Other people, ordinary people, want to know what we do to overcome what seem to ordinary people to be moral obstacles to doing what we do.

What ordinary people say to lawyers, and what my students say when they first come to law school, when they are still more ordinary people than they are law students, is this: How can lawyers lend their skills and talents to the representation of …

Character And Community: Rispetto As A Virtue In The Tradition Of Italian-American Lawyers, Thomas L. Shaffer, Mary M. Shaffer

Journal Articles

Our project is to contemplate a discrete piece of applied ethics in the American legal profession, a piece of what one might call Italian-American legal ethics. We propose to describe a moral value for which we will use the Italian word rispetto. Our understanding of rispetto is that it is a virtue, a good habit, through which the person learns, practices, teaches, and remembers his place within the family. We will argue here that the practice of this virtue will allow a modern lawyer to be in and of his or her civic and professional community without loss of dignity …