Legal Profession Commons^™

Kentucky Lawyer, 1998-1999, University Of Kentucky College Of Law

Annual Magazines

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Mpre Reconsidered, The, Leslie Levin

Faculty Articles and Papers

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Learning From The Unpleasant Truths Of Interfaith Conversations: William Stringfellow's Lessons For The Jewish Lawyer, Russell G. Pearce

Faculty Scholarship

As the religious lawyering movement expands, so too will the opportunities for interfaith conversations about lawyering. At the level of superficial pleasantries, these conversations will probably add warm feelings of camraderie but little else. When they advance to deeper levels of intellectual and emotional connection, they offer the potential for developing close friendships, learning significant new insights, and discovering hurtful differences. Only by risking the pain of such conversations can we gain the full benefit of interfaith conversation for enriching our "zest for spiritual living." This essay will employ the writings of William Stringfellow, a Christian lawyer and theologian, to …

Signed, Sealed, Delivered ... Disbarred - Notarial Misconduct By Attorneys, 31 J. Marshall L. Rev. 1085 (1998), Christopher B. Young

UIC Law Review

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Hard Cases From Easy Cases Grow: In Defense Of The Fact-And Law-Intensive Administrative Law Case, 32 J. Marshall L. Rev. 87 (1998-1999), James C. May

UIC Law Review

No abstract provided.

Independent, Professional Judgment: The Essence Of Freedom, Bennett H. Brummer

St. Thomas Law Review

This Article will address the concept of professionalism from a criminal defense attorney's perspective and, more specifically, from the perspective of a public defender. The public defender mission is based on our ideals of freedom and equal justice under law. I have spent twenty-five years as a participant in, and observer of, our judicial system. Whether in government or professional circles, public defenders are often outsiders. We are often treated as the illegitimate children at the family reunion. It is from that perspective that I hope to be of some service to you.

Rule 412 Laid Bare: A Procedural Rule That Cannot Adequately Protect Sexual Harassment Plaintiffs From Embarrassing Exposure, Andrea A. Curcio

Faculty Publications By Year

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Hearing Voices: Why The Academy Needs Clinical Scholarship, Clark D. Cunningham

Faculty Publications By Year

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Program - Honors Luncheon For Johnnie B. Rawlinson - National Organization Of Black Law Enforcement Executives Southern Nevada Chapter, Las Vegas Chapter Of The National Bar Association

Johnnie B. Rawlinson

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Practicing Criminal Law: A Jewish Law Analysis Of Being A Prosecutor Or Defense Attorney, Michael J. Broyde

Faculty Articles

Our secular society cycles as to whether it glorifies defense attor­neys or prosecutors. Sometimes, we adore defense attorneys­ -- they are the lawyers who ensure that innocents are not punished, "L.A. Law" is the show to watch, and the attorneys to imitate. Other times, we revere prosecutors -- they are the lawyers who punish evil­doers, "Law and Order" is the show to watch, and the attorneys to imitate. Jewish tradition recognizes the inherent ethical difficulties with the conduct of both types of attorneys.

Jewish law recognizes that the societal imposition of the criminal justice system on citizens, who otherwise function …

A Lawyer's Guide: How To Avoid Pitfalls When Dealing With Alien Clients, Kelly Kaiser

Kentucky Law Journal

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Kentucky Law Survey: Professional Responsibility, William H. Fortune

Law Faculty Scholarly Articles

This article is a survey of recent Kentucky ethics cases and Kentucky Bar Association ethics opinions. The cases and opinions selected are those of general application but special interest.

Lawyering In The State Of Nature: Instinct And Automaticity In Legal Problem Solving , Ian Weinstein

Faculty Scholarship

This article explains why lawyers do not think or talk like other people, how they got this way, and why this is both a good thing and a bad thing. I have watched hundreds of law students leave their old ways of thinking and talking behind and begin to sound like lawyers. One marker of the progress from lay person to lawyer is the emergence of the ability to tell a coherent fact and law story about a new legal problem. I have sometimes celebrated this professional progress and sometimes lamented the loss of common sense, but my lawyerly analysis …

The Relevance Of Religion To A Lawyer's Work: Legal Ethics, Leslie C. Griffin

Scholarly Works

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Taking The Cop Out Of Copping A Plea: Eradicating Police Prosecution Of Criminal Cases, Andrew Horwitz

Law Faculty Scholarship

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What We're Not Telling Law Students - And Lawyers - That They Really Need To Know: Some Thoughts-In-Action Toward Revitalizing The Profession From Its Roots, Lawrence S. Krieger

Journal of Law and Health

Part I of this article sets forth a generally encouraging set of propositions about student and attorney life that I have found to be true. If they are, law students and lawyers need to hear them repeatedly. They collectively represent an approach to life and law which, to the extent it is internalized, can increase life satisfaction, raise standards of professional behavior, and relieve many of the kinds of distress that law students and lawyers are prone to experience. Some students seem to bring much of this information with them to law school years and after, do not lose sight …

Publicity In High Profile Criminal Cases, H. Patrick Furman

Publications

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United States V. Mcveigh: Defending The Most Hated Man In America, Stephen Jones, Jennifer Gideon

Oklahoma Law Review

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The Legal Profession And Its Future: Recapturing The Ideal Of The Statesman-Lawyer, Timothy J. Sullivan

University of Richmond Law Review

My subject is our profession and its future-a future measured not by the condition of its bottom line, but by the state of its soul. And my message is one of profound concern.

Introductory Note: Symposium On Lawyering And Personal Values – Responding To The Problems Of Ethical Schizophrenia, Samuel J. Levine

Scholarly Works

In recent years, legal practitioners and scholars alike have identified a growing crisis in the legal profession. Increasingly, lawyers feel dissatisfied with the roles they are expected to play and the conduct demanded of them. In particular, many lawyers see a widening gap between their personal values and those employed in legal practice. In response to the dichotomy between personal and professional values, some lawyers attempt to develop a corresponding dichotomy in their personalities, separating the “professional self” from the “personal self.” Such a response, however, may lead to a kind of “ethical schizophrenia,” a condition in which an individual …

Informed Consent In Mediation: A Guiding Principle For Truly Educated Decisionmaking , Jacqueline Nolan-Haley

Faculty Scholarship

Informed consent has a central role to play in mediation. Without it, mediation's promises of autonomy and self-determination are empty. This Article has given the theoretical and policy justifications for a reform of mediation practice that honors the principle of informed consent. I have argued for a contextualized approach that takes into account mediation's location, the voluntariness of the parties' consent, and their representational status. This kind of analysis will lead to a more informed practice of mediation decisionmaking than exists currently and provide a perspective that can more prudently guide a mediator's conduct. The proposed approach promotes greater fairness …

Independent Counsel And Vigorous Investigation And Prosecution, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This essay draws on the examples of Watergate and Iran-Contra to offer a new perspective on Independent Counsel and their ability to investigate and prosecute high-level wrongdoing. The current consensus is that an Independent Counsel, appointed by judges of the special court pursuant to the Ethics in Government Act, will invariably investigate and prosecute crimes more vigorously than a Special Prosecutor appointed by the President or the Attorney General. Watergate and Iran-Contra suggest, however, that there are institutional and political factors that make analysis of the comparative tendencies of the two types of prosecutors more complex and dependent on circumstance. …

Attorney-Client Privilege: The Eroding Concept Of Confidentiality Should Be Abolished, Paul Rice

Scholarly Articles in Law Reviews & Journals

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Professing Professionals: Christian Pilots On The River Of Law, Daniel O. Conkle

Articles by Maurer Faculty

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We Could Pass A Law...What Might Happen If Contingent Legal Fees Were Banned, Samuel R. Gross

Articles

This is an exercise in fantasy. My task is to imagine what would happen if we simply abolished the institution of the contingent fee by statute. I cannot justify that task on grounds of urgency. Contingent fees are not about to be abolished, and they probably.are not going to be seriously restricted. My hope is that the exercise will be amusing in itself, and that in the process we might learn something about contingent fees as we now use them.

The Role Of Clinical Programs In Legal Education, Suellyn Scarnecchia

Articles

In clinic, students get a glance at the lawyer they will be someday. They gain confidence that, indeed, they will be a "good" lawyer. They understand the context in which their classroom learning will be applied. In short, they are able to integrate their law school experience.

The Art Of The Fact: An Afternoon Colloquy In A Tentative Key, Jethro K. Lieberman

Books

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The Gift Of Language, Joseph Vining

Articles

Style and substance cross-are genetically related as we now might want to say. Each draws on and is implied by the other. One point at which they cross is our sense of the nature of human language, what language is and can be, what it is not and can never be. The language of law is part of human language. Law is a distinctive form of thought, but it lives in human language. "Rule" might be thought synonymous with "law," but for all its talk of rules, the practice of law does not begin with a descriptive statement, or a …

Gender Bias In The American Bar Association Journal: Impact On The Legal Profession, Marilyn Berger, Kari A. Robinson

Faculty Articles

The ABA Journal presents women in the legal system in a similar fashion to the presentation of women in the journals of other professions. Women are portrayed in traditional sex roles, they are pictured passively and they are often shown negatively as victims. In the volumes the authors studied, they found that the numbers of images of attorneys, judges and professors were not proportionate to the number of men and women in the legal profession. Moreover, the ABA Journal predominantly displayed women as dependent on their male counterparts. The authors also found instances where the ABA Journal portrayed women as …

[Review Of] Mark Perlmutter, Why Lawyers (And The Rest Of Us) Lie & Engage In Other Repugnant Behavior, Sherman L. Cohn

Georgetown Law Faculty Publications and Other Works

This book speaks to the individual lawyer about his or her own practice. It is a self-confession by a leading trial lawyer of his own defalcations: of his own lies, of his own standing by as a more senior member of his law firm deliberately destroyed evidence, of his own giving a convincing argument to a court on a motion when all that he really wanted to do was delay. The stories are intriguing and captivating.