Legal Profession Commons^™

The Transformation Of An Academic Discipline: Law Professors In The Past And Future (Or Toy Story Too), Stephen M. Feldman

Journal of Legal Education

No abstract provided.

Schooling Expectations, James Boyd White

Journal of Legal Education

No abstract provided.

Book Review Of English Lawyers Between Market And State: The Politics Of Professionalism, Harry Arthurs

Journal of Legal Education

No abstract provided.

The Economics Of Limited Liability: An Empirical Study Of New York Law Firms, Scott Baker, Kimberly D. Krawiec

ExpressO

Since the rapid rise in organizational forms for business associations, academics and practitioners have sought to explain the choice of form rationale. Each form contains its own set of default rules that inevitably get factored into this decision, including the extent to which each individual firm owner will be held personally liable for the collective debts and obligations of the firm. The significance of the differences in these default rules continues to be debated. Many commentators have advanced theories, most notably those based on unlimited liability, profit-sharing, and illiquidity, asserting that the partnership form provides efficiency benefits that outweigh any …

Vol. 3, No. 01 (December 2004)

Indiana Law Update

No abstract provided.

Legal Ethics, Roy M. Sobelson

Mercer Law Review

The biggest news in Georgia legal ethics this year actually made it into the general press when the Georgia Supreme Court approved a bar committee opinion confirming that real estate closings remained the exclusive province of licensed Georgia lawyers. With the Justice Department, the Federal Trade Commission, and consumer advocates all weighing in with contrary opinions, the court held firm against the inevitable, continuing criticism and cries of protectionism. Combined with the current debates over both multidisciplinary and multijurisdictional practices, it looks like the profession will continue to engage in heated debate in Georgia, if not worldwide, well into the …

The System Of Syllogism, Richard Dien Winfield

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

The Prosecution Of Cybergripers Under The Lanham Act, Blossom Lefcourt

Cardozo Public Law, Policy & Ethics Journal

The note explores the legal implications of cybergripping under the Lanham Act, emphasizing the need to balance trademark protection with free speech. It critiques the inconsistent application of the commercial-noncommercial distinction in determining the legality of unauthorized trademark use and advocates for adopting the Central Hudson test to reconcile these competing interests.

The More Things Change The More They Stay The Same: Mr. Tutt And The Distrust Of Lawyers In The Early Twentieth Century, Molly A. Guptill

Cardozo Public Law, Policy & Ethics Journal

The note explores the intersection of public perception, legal ethics, and professional identity in the twentieth century, focusing on how Arthur Train's fictional character, Ephraim Tutt, influenced both the public's idealized view of lawyers and the legal profession's response to declining prestige. Train's portrayal of Tutt, a nostalgic archetype of the nineteenth-century country lawyer, highlighted the tension between the profession's modernization and the public's longing for a bygone era of ethical integrity. This duality spurred discussions on legal reform and the evolution of ethical standards, as the profession sought to bridge the gap between myth and reality.

Vol. 2, No. 09 (November 2004)

Indiana Law Update

No abstract provided.

On What A "Private Attorney General" Is--And Why It Matters, William B. Rubenstein

Vanderbilt Law Review

May 17, 2004 marked the fiftieth anniversary of the Supreme Court's decision in Brown v. Board of Education.' This precise day also marked the sixty-first anniversary of the Supreme Court's first use of the phrase "private attorney general." For about three decades after this initial 1943 appearance, the private attorney general concept surfaced only occasionally in the legal literature. Starting in the 1970s, however, its presence became quite regular, and that regularity has escalated steadily to the present: on average, during the past fifteen years, every single workday, somewhere in the United States, some judge has written a legal opinion …

Clark Memorandum: Fall 2004, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum

• On the Shoulders of Giants (Elder Boyd K. Packer)
• How Do We Practice Our Religion While We Practice? (Thomas B. Griffith)
• In His Own Words (Monte Stewart)
• The Essence of Lawyering in an Atmosphere of Faith (Kevin J Worthen)

Professional Responsibility, James M. Mccauley

University of Richmond Law Review

No abstract provided.

A Cloak For The Bare: In Support Of Allowing Prospective Malpractice Liability Waivers In Certain Pro Bono Cases, Steve Berenson

ExpressO

No abstract provided.

From The Dean, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Volume 28, Issue 2 (Fall 2004)

Transcript

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 37, Number 1, Winter 2004

Nebraska Transcript

3 Law College Celebrates Newly Remodeled Building

5 Governors Room Dedication Honors

5 Remarkable Alums

7 New Library Seminar Room Honors Alum Bar Presidents 8 Graduation 2003

10 Class of 2003

12 Honor Class Reunion

14 Family Traditions Ceremony

16 Former President of CBS Leaves Law College $3.4 Million

17 Eye-Opening Panel Discussion Honors Black History Month

19 Pre-Law Summer Institute Introduces Students to the Law

25 Remembering Henry Grether

27 Remembering Norm Thorson

32 Alumni Council Awards Honor Distinguished Achievements

Nebraska Transcript (University Of Nebraska College Of Law), Volume 38, Number 1, Fall/Winter 2004–2005

Nebraska Transcript

U.S. Champs: Law College's Client Counseling Team of Kevin Corlew and Adam

Pavelka Compete in International Competition in Scotland

Upset Victory: 'Cinderella' Moot Court Team Looks Back Fondly at Law College's 1953 National Championship

Schmoker Courtyard Dedicated with Jazz, Flowers, Festivities

Students Begin Legal Careers With Professionalism Orientation

College of Law Hosts Conference On Water Law, Policy & Science

Which Way to True Justice? Appropriate Dispute Resolution & 'Adversarial Legalism'

Supreme Court Correspondent Explains Its 'Monumental Shift'

Graduation Honors

Graduation 2004

Family Tradition Ceremony

U.S. Supreme Court Cites Kirst In Confrontation Clause Case

Journey from Public Defender to Law Librarian …

Fall 2004

Bill of Particulars

No abstract provided.

My First Appellate Argument: It Can Only Get Better, Jon O. Newman

The Journal of Appellate Practice and Process

No abstract provided.

Chicken Little Lives: The Anticipated And Actual Effect Of Sarbanes-Oxley On Corporate Lawyers' Conduct, Susan Saab Fortney

Faculty Scholarship

This article addresses the controversy surrounding the Sarbanes-Oxley Act of 2002, which was seen by many lawyers as threatening the relationship between lawyers and their corporate clients. Part I of this article introduces the topic by providing a brief history of the increased government regulation and enforcement actions that forced lawyers to reexamine their role in representing their clients, beginning with the case of SEC v. National Student Marketing Corp. Part II reviews the organized bar's reaction to Sarbanes-Oxley. Part III focuses on law firms' response to the legislation. Part IV considers the views of individual corporate and securities lawyers …

I Do Know How She Does It (But Sometimes I Wish I Didn't), Rebecca White

Scholarly Works

I care deeply about the issue of women's attrition from the legal profession. Admittedly, I have not written any scholarly work on this exact topic. When I learned who the other symposium guests were and how much extensive work they have done on this subject, I was left to wonder what I could contribute to our discussion. I have not conducted any empirical studies; I do not have any new and brilliant insight. What I do have, is experience. I have performed ‘the juggling act’ that simultaneous full-time lawyering and mothering requires. I have worked part-time in a large law …

The "Corporate Watch Dogs" That Can't Bark: How The New Aba Ethics Rules Protect Corporate Fraud, Monroe H. Freedman

University of the District of Columbia Law Review

No abstract provided.

An Ethos Of Lying, Paul Butler

University of the District of Columbia Law Review

No abstract provided.

Understanding Lawyers' Ethics: Zealous Advocacy In A Time Of Uncertainty, Katherine S. Broderick

University of the District of Columbia Law Review

Can or should a lawyer representing an alleged terrorist ethically allow the government to tape her conversations with her client as a prerequisite to the representation? Can a public defender live up to the promise of Gideon v. Wainright1 when he is carrying 100 serious felony cases? Should a lawyer who divulges a client confidence to bring down a corrupt judge be sanctioned? What ethical obligations obtain for the lawyer representing the CEO of a thriving start-up when the CEO admits that by over-reporting profits he believes that he has turned the company around? These questions, some of the toughest …

Broken Trust And Divided Loyalties: The Paradox Of Confidentiality In Corporate Representation, Laurie A. Morin

University of the District of Columbia Law Review

Should a lawyer protect her client's confidences when she knows that client is about to perpetrate a fraud that will cause substantial financial harm to third parties? For decades, the response of the organized bar has been a resounding "yes." 1 Until August 2003, the American Bar Association's (ABA's) Model Rules of Professional Conduct (Model Rules) provided that a lawyer owes her client a duty of loyalty to preserve the client's confidences, even if that client is about to commit a criminal fraud.2 The recent wave of corporate scandals that led to record-breaking bankruptcies and investor losses prompted the ABA …

Wrongful Convictions: It Is Time To Take Prosecution Discipline Seriously, Ellen Yaroshefsky

University of the District of Columbia Law Review

Ron Williamson, who came within five days of execution, and Dennis Fritz, who served twelve years of a life sentence, were released from prison in 1999. They were innocent men, wrongfully convicted of the rape and murder of Debra Carter. Arrested five years after her murder and tried separately, the cases against them rested on testimony of a jailhouse informant, a jail trainee, and unreliable hair evidence. Fortunately, there was DNA evidence in the case, and scientific testing exonerated Fritz and Williamson. The evidence instead implicated Glen Gore, the person who should have been the prime suspect. Many of these …

The Ethics Of The Adversary System, Greg S. Sergienko

ExpressO

This article considers many commonly advanced criticisms of the adversary system. It provides an analytic framework that includes the likely results of changed ethical rules and that distinguishes and analyzes separately two different possible goals of the system, seeking the truth and promoting justice. The article is also unusual in the range of supporting materials that it synthesizes, which includes contributions from economic theory, psychological studies, philosophy, and traditional legal ethics.

The article concludes that changes in ethical codes meant to increase lawyers' duty to promote the truth will have a perverse result, decreasing the accuracy of litigation. This will …

The Tenuous Case For Conscience, Steven D. Smith

University of San Diego Public Law and Legal Theory Research Paper Series

If there is any single theme that has provided the foundation of modern liberalism and has infused our more specific constitutional commitments to freedom of religion and freedom of speech, that theme is probably “freedom of conscience.” But some observers also perceive a progressive cheapening of conscience– even a sort of degradation. Such criticisms suggest the need for a contemporary rethinking of conscience. When we reverently invoke “conscience,” do we have any idea what we are talking about? Or are we just exploiting a venerable theme for rhetorical purposes without any clear sense of what “conscience” is or why it …

The Hollowness Of The Harm Principle, Steven D. Smith

University of San Diego Public Law and Legal Theory Research Paper Series

Among the various instruments in the toolbox of liberalism, the so-called “harm principle,” presented as the central thesis of John Stuart Mill’s classic On Liberty, has been one of the most popular. The harm principle has been widely embraced and invoked in both academic and popular debate about a variety of issues ranging from obscenity to drug regulation to abortion to same-sex marriage, and its influence is discernible in legal arguments and judicial opinions as well. Despite the principle’s apparent irresistibility, this essay argues that the principle is hollow. It is an empty vessel, alluring but without any inherent legal …