Legal Profession Commons^™

The Mdp Challenge In The Context Of Globalization, Carole Silver, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Is There An Implicit Theology In The Practice Of Ordinary Law?, Joseph Vining

Articles

We should have a text to help us-lawyers and theologians almost always do. Consider this from Wordsworth, and ask whether it goes too far if Wordsworth were thought to be speaking to the practicing lawyer: Here you stand, Adore, and worship, when you know it not; Pious beyond the intention of your thought; Devout above the meaning of your will. -Yes, you have felt, and may not cease to feel. The estate of Man would be indeed forlorn If false conclusions of the reasoning Power Made the Eye blind, and closed the passages Through which the Ear converses with the …

Legal Knowledge, James Boyd White

Articles

What do we know when we know the law? I asked a rabbi I know how he would answer that question with respect to Jewish law. Does someone know the law when he can repeat the rules that tell him what to do? Or when he can engage in the activity of reading them, sepa­rately or in conjunction with each other, and applying them sensibly to new circumstances? Is even that enough? My friend said it was not: he must know who he is in relation to the law, both as an individual and as a member of a people; …

Lawyer Conduct In The "Tobacco Wars", Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

"When Smoke Gets In Your Eyes": Myth And Reality About The Synthesis Of Private Counsel And Public Client, John C. Coffee Jr.

Faculty Scholarship

A recurring fallacy in any debate over legal ethics or public policy is to assume that the particular problem under examination is unique and unprecedented. Expand one's field of vision, and precedents and analogs quickly turn up. This rule applies with special force to the debate over retention by state attorneys general of private counsel to represent them on a contingent fee basis in the recent litigation against the tobacco industry. Because this litigation produced a highly successful outcome, while most private litigation against the tobacco industry has not, some are led to the conclusion that this combination of private …

Lawyers And The Practice Of Workplace Equity, Susan Sturm

Faculty Scholarship

Lawyers involved in the pursuit of workplace equity are difficult to pigeon-hole. Of course, the practice of many employment lawyers conforms to conventional understandings of lawyers' roles. These lawyers litigate cases on behalf of management or employees, advise clients about their legal rights and obligations, and define their mission as avoiding liability or winning battles in court.But innovators have crafted interesting and dynamic roles that transcend the traditional paradigm. These innovators connect law, as it is traditionally understood, to the resolution of the underlying problems that create and maintain workplace inequity. Civil rights lawyers working in both public and private …

Constructing The Practices Of Accountability And Professionalism: A Comment On In The Interests Of Justice, Susan Sturm

Faculty Scholarship

In the Interests of Justice: Reforming the Legal Profession lives up to its ambitious title. Deborah Rhode comprehensively surveys the structural problems confronting the legal profession, from its subscription to the "sporting theory of justice" to its preoccupation with profit. The book also lays bare the failure of legal education and the professional regulatory system to confront the roots of these structural problems.

I must confess that reading the book felt like a whirlwind tour of the legal profession's inevitable problems. In part, this perception grew out of the sheer range of economic, institutional, and structural factors contributing to the …

What's Special About Meditation? Contemplative Practice For American Lawyers, William S. Blatt

Articles

No abstract provided.

Maccrate's Missed Opportunity: The Maccrate Report's Failure To Advance Professional Values Symposium, Russell G. Pearce

Faculty Scholarship

The 1992 Report of the Task Force on Law Schools and the Profession: Narrowing the Gap (the "Task Force"), Legal Education Professional Development - An Educational Continuum, popularly known as the MacCrate Report (the "Report"), was the most ambitious effort to reform legal education in the past generation. Some commentators have described the Report as "the greatest proposed paradigm shift in legal education since Langdell envisioned legal education as the pursuit of legal science through the case method in the late 19th century.” Although the Report sought to promote education in both lawyering skills and values, its major influence has …

Lawyers, Non-Lawyers And Mediation: Rethinking The Professional Monopoly From A Problem-Solving Perspective , Jacqueline Nolan-Haley

Faculty Scholarship

Mediation is a big business today that is practiced by lawyers and non-lawyers, and is closely related to the business of law. Lawyers have a long-standing monopoly on the law business and do not look favorably on sharing their power with nonlawyers. This phenomenon is odd because it occurs at the same time that the legal profession is beginning to embrace a new ethic of problem-solving that honors the values of collaboration and power-sharing among professionals in multiple disciplines. Lawyers protect their professional monopoly through the unauthorized practice of law ("UPL") doctrine that limits the practice of law to licensed …

The Hidden Costs Of Lawyer Mobility: Of Law Firms, Law Schools, And The Education Of Lawyers, Robert W. Hillman

Kentucky Law Journal

Randall Park Lecture delivered at the University of Kentucky College of Law, May 7, 2002.

How Theology Might Learn From Law (Symposium: The Theology Of The Practice Of Law), James Boyd White

Articles

I want to start today with an account of the way lawyers think and speak, and then ask whether it might be useful for the theologically minded to take these practices and procedures seriously as a ground of comparison from which to look at their own. In doing this I shall look at the practice of law with an emphasis not on its social effects or ethical difficulties but on the nature of the activity itself, viewed from the inside, asking in particular what kind of knowledge it requires and creates in its practitioner. What does the lawyer learn from …

Can Paralegals Replace Corporate Lawyers?, Porcher L. Taylor Iii

School of Professional and Continuing Studies Faculty Publications

I predict that by 2010, expense will force many of the nation's largest law firm radically to alter the lawyer-paralegal ratio. Hundreds of corporate clients intent on controlling high legal fees will drive this change. Consequently, we may see a new kind of law firm gain popularity: firms with more paralegals than lawyers. Even today, the law of paralegal economics sing a soothing tune to corporate America.

Empathy, Spring, And Fervorino, Susan Bennett

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Extending The Revisionist Project, Lewis Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Challenging A Tradition Of Exclusion: The History Of An Unheard Story At Harvard Law School, Luz E. Herrera

Faculty Scholarship

In a series of lectures at Harvard University, Professors Lani Guinier and Gerald Torres posited that people of color are the "miner's canary" in American society. Guinier and Torres argue that pursuing color blindness policies is dangerous because it ignores racial differences that affect every aspect of our society. According to Guinier and Torres, like the miner's canary that uses a call of distress to warn the miner of the hazardous atmosphere in the mine, the critiques people of color offer our institutions are warning signals to alert us to the presence of more systemic problems. Instead of relegating the …

Ethics Counsel's Role In Combating The "Ostrich" Tendency, Susan Saab Fortney

Faculty Scholarship

This article focuses on ethics problems related to hourly billing by analyzing the results of a survey of 1000 randomly selected associates in Texas firms who (1) had been licensed for ten or fewer years as of June 1999, and (2) worked in private law firms with more than ten attorneys (the Associate Survey). This article addresses the need for firm managers to clarify how and what their attorneys should bill. The article reports the results from the Associate Survey relating to billing guidance and ethics systems. From the empirical data, the article identifies a need for supervising attorneys to …

An Empirical Study Of Associate Satisfaction, Law Firm Culture, And The Effects Of Billable Hour Requirements - Part Two, Susan Saab Fortney

Faculty Scholarship

This article considers billing practices, the effects of hourly billing pressure, and firm culture as reflected in a survey of associates in Texas law firms. Part I of this article reports the empirical information from the survey. This information includes insight into the toll an increase in billable hour requirements has taken on legal practitioners and the consequent affect on the legal field. Part II discusses what the data means and how it might be used to improve the outlook for attracting and retaining good associates.

The Irony Of Lawyers' Justice In America, Thomas L. Shaffer

Journal Articles

Our pastor recently finished a pretty good sermon, on the Parable of the Good Samaritan, with a story of his own about a dangerous curve on the highway into town.

The Parable of the Dangerous Curve brought to my mind Deborah Rhode's thorough, thoughtful assessment of American lawyers in the twenty-first century, and Dean Kronman's eulogy for the lost lawyer. The good Samaritans who sought to straighten the dangerous road spoke of roadwork as Deborah Rhode speaks of what legislatures, judges, and bar associations should do about lawyers. Maybe they thought modern speed and paving had made it dangerous—yearning, as …

A Tribute To Paul Szasz, John J. Barceló Iii, David Wippman

Cornell Law Faculty Publications

No abstract provided.

Toward A History Of The Legalization Of American Legal Ethics -- Ii The Modern Era, Charles W. Wolfram

Cornell Law Faculty Publications

The Professional Responsibilities Of The Public Official's Lawyer: A Case Study From The Clinton Era, William H. Simon

Faculty Scholarship

No one has sought more persistently to focus our attention on the relation of professional duty and personal integrity than Thomas Shaffer. Shaffer's work is the most powerful defense of integrity in the legal ethics literature, and it offers the most useful set of strategies for vindicating integrity in law practice. This Essay was conceived in the spirit of Shaffer's distinctive preoccupations and commitments, and it is a pleasure to present it in an issue dedicated to him.

Book Review Of Harold Hyman's Craftsmanship And Character: A History Of The Vinson And Elkins Law Firm Of Houston, 1917-1997, William P. Lapiana

Other Publications

No abstract provided.

Negotiations Goes To War, Charles J. Dunlap Jr., Paula B. Mccarron

Faculty Scholarship

No abstract provided.

Can Saints Negotiate? A Brief Introduction To The Problems Of Perfect Ethics In Bargaining, Scott R. Peppet

Publications

No abstract provided.

Beyond Interpretation, Pierre Schlag

Publications

No abstract provided.