Legal Profession Commons^™

Evidence? Or Emotional Fuel?, Robert E. Precht

Law Quadrangle (formerly Law Quad Notes)

The following excerpt is from Defending Mohammad: Justice on Trial (Cornell University Press, 2003), by Robert E. Precht, and appears here with permission of Cornell University Press. The excerpt is from Chapter 8, "Relevance and Prejudice." The book is based on the author's experience as public defender for Mohammad Salameh, the lead suspect in the 1993 bombing of the World Trade Center.

Judicial And Law Review Citation Frequencies For Articles Published In Different 'Tiers' Of Law Journals: An Empirical Analysis, Gregory S. Crespi

Faculty Journal Articles and Book Chapters

An empirical study of the judicial and law journal citation frequencies for a large and comprehensive sample of 550 articles that were published from 1996 through 1998 in fifteen selected law journals resulted in several findings. First, these articles averaged only 0.4 judicial citations and 14.5 law journal citations through May 30, 2003. Second, both courts and scholars cite articles that are published in the three most prestigious law journals at much higher rates than they cite articles that appear in either mid-level or lower-tier law journals. Third, courts virtually ignore altogether legal scholarshipthat appears in lower-tier law journals. Finally, …

Remembering Pine Gate, 38 J. Marshall L. Rev. 5 (2004), Douglas G. Baird

UIC Law Review

No abstract provided.

Origins Of Animal Law: Three Perspectives, Richard J. Katz, Michael C. Blumm, Holly Anne Gibbons

Animal Law Review

No abstract provided.

Relations Between Lawyer And Client In Damages: Model, Typical, Or Dysfunctional?, Rodney J. Uphoff

Faculty Publications

This essay begins, therefore, by briefly examining the question of what constitutes good lawyering. The essay acknowledges the difficulty of defining precisely what is good lawyering. In fact, scholars, judges, and lawyers often disagree markedly when they characterize lawyer behavior using the term. Not surprising, then, even though academic commentators routinely trumpet the importance of establishing a meaningful attorney-client relationship as an important aspect of good lawyering, not all in the legal profession embrace that view.8Indeed, the debate about the importance of a good lawyer-client relationship largely reflects contrasting attitudes within the legal profession about the client's role in the …

Gollum, Meet Sméagol: A Schizophrenic Rumination On Mediator Values Beyond Self-Determination And Neutrality, James R. Coben

Cardozo Journal of Conflict Resolution

Let me begin by declaring my biases. First, I am a dissatisfied consumer of mediation services, having represented both employment discrimination and family law clients in mediations. The mediators' rapid retreat to caucus, their tendency to incorrectly evaluate my clients' cases, and their strong push for particular settlement structures while simultaneously proclaiming process neutrality, all too frequently have left me (and my clients) disappointed and disillusioned. Second, I am a chronicler of "mediation car wrecks" - a voyeur, if you will, of those times when mediations go so badly that the parties end up disputing about them in court. Third, …

Know Justice, Know Peace: Further Reflections On Justice, Equality And Impartiality In Settlement Oriented And Transformative Mediations, Isabelle R. Gunning

Cardozo Journal of Conflict Resolution

In the conversation (or debate) on mediator responsibilities and justice, this Article argues that as mediators we should have a concern for the justness of the outcome of the mediations in which we serve. I have high hopes and expectations for mediation as one important aspect of what I see as a larger and increasingly essential project of peacemaking. But last summer, when I was teaching a basic mediation training course, and I asked my students if they understood themselves to be "peacemakers," they were almost uniformly resistant to the notion. They saw peacemakers as almost "spineless," certainly "wishy-washy," and …

Staff Matter(S), 36 U. Tol. L. Rev. 47 (2004), Darby Dickerson

UIC Law Open Access Faculty Scholarship

No abstract provided.

Religious Lawyering In A Liberal Democracy: A Challenge And An Invitation William A. Brahms Lecture On Law & Religion, Russell G. Pearce

Faculty Scholarship

At a time when many believe that law is no longer a noble profession, many lawyers see no reason to devote time and energy to promoting the public good. Religious lawyering may offer a powerful antidote: a robust framework for lawyers to integrate into their professional lives their most deeply rooted values, perspectives and critiques, and persuasive reasons to improve the quality of justice and work for the common good. At its best, religious lawyering echoes Martin Luther King's advice to the street sweeper. How wonderful it would be, indeed, if we practiced law so well that the host of …

Deans And Stories, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Professor Howard Gardner's superb book Leading Minds is a study of leadership that, while prominent in the discipline of education, has received relatively little attention in the legal literature. Leading Minds thoughtfully argues that effective story-telling is critical to effective leadership. In this essay, the author explores in a very preliminary way the relationship between Gardner's thesis and what deans do or should do in order to lead their law schools and, more broadly, the different constituencies they represent.

In his group of 11 leaders, Gardner includes an academic leader--Robert Maynard Hutchins, who was dean of Yale Law School and …

The Law's Hard Choice: Self-Inflicted Injustice Or Lawyer-Inflicted Indignity, Christopher Johnson

Kentucky Law Journal

No abstract provided.

Uk Law Notes, 2004, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Byron White: The Practicing Lawyer, Robert H. Harry

University of Colorado Law Review

No abstract provided.

Unsung Hero: The Life Of A Foot Soldier For Justice, Valerie M. Jensen

William Mitchell Law Review

Review of Frederick L. McGhee: A Life on the Color Line, 1861-1912. By Paul D. Nelson. Minnesota Historical Society Press, 2002. 234 pages. $29.95

Foreword, Helen Meyer

William Mitchell Law Review

The William Mitchell Law Review has decided once again to dedicate one issue of this annual volume to Recent Decisions of the Minnesota Supreme Court. This issue reviews some of the court’s more important decisions from the 2003-04 term. If tradition is honored, the articles and notes you find in these pages will be thorough, well-written, and thoughtful in their analysis of each decision. This annual review is a tradition that gives our legal community a wonderful opportunity to publicly comment on the work of the court. This public testing of the court’s work is a healthy part of the …

The Law Professor As Legal Commentator, Amy Gajda

Faculty Scholarship

No abstract provided.

Ethical World Of Solo And Small Law Firm Practitioners, The, Leslie Levin

Faculty Articles and Papers

No abstract provided.

Vol. 2, No. 02 (January 2004)

Indiana Law Update

No abstract provided.

Celebrating A Diamond Anniversary: Pennsylvania Bar Association Quarterly Volumes 1-74 (1929-2003): A History, Joel Fishman

Law Faculty Publications

In celebrating the seventy-fifth year anniversary of the Pennsylvania Bar Association Quarterly, a description and some commentary upon this leading periodical of the state bar association deserve attention.¹ The Quarterly’s publication history is fairly straightforward. The first issue was published in June 1929. In the first ten years, issues were numbered from one to forty until June 1939 and so for bibliographical purposes, volumes are not included in the citations.2 Beginning in 1939-40, the volume number (11 ) was added. In the first four years the Quarterly was published in June, September, December, and March and changed to …

Civility In Litigation: How Can The Profession Promote And Enforce Good Behavior?, Aviva A. Orenstein, Torrence Lewis

Articles by Maurer Faculty

This essay emanates from a talk that was given to the Defense Trial Counsel of Indiana at its annual meeting’s luncheon. The good thing about talking about civility, particularly at lunch, is that no one dare heckle or throw food. Beyond the obvious constraints against rude behavior inherent in the medium, we sense a genuine openness to the topic. Defense counsel, in particular, feel besieged by what they perceive to be uncivil behavior, and welcome affirmation about the nature of the problem and some suggestions for solutions. More generally, one can argue that the lack of civility in legal culture …

Better Writing, Better Thinking: Using Legal Writing Pedagogy In The "Casebook" Classroom (Without Grading Papers), Mary Beth Beazley

Scholarly Works

In this Article, Professor Beazley proposes that a Legal Writing revolution is the next revolution in legal education, and that the revolution is not just coming, it has begun. She offers first steps for law school faculty to take in furtherance of this revolution. Professor Beazley argues that the pioneers of this new revolution are Legal Writing faculty. Section I of this Article examines some ways that the law school culture that segregates Legal Writing faculty has both promoted their opportunities to develop innovative pedagogies and inhibited their ability to share those pedagogies with other faculty. Section II explains certain …

Standards Of Evidence In Administrative Proceedings, William H. Kuenhle

NYLS Law Review

No abstract provided.

The "C" Word: Collegiality Real Or Imaginary, And Should It Matter In A Tenure Process, Leonard Pertnoy

Faculty Articles

For over two thousand years, since the times of Jesus Christ, society has valued collegiality as one of its pillars in advancing human relationship: "Now I plead with you, brethren, by the name of our Lord Jesus Christ, that you all speak the same thing, and that there be no divisions among you, but that you be perfectly joined together in the same and in the same judgment." Collegiality is "cooperative interaction among colleagues. Put another way, collegiality results when two or more individuals who are willing to engage in a common enterprise (the "cooperative" component), actually engage or participate …

The Lsat, Law School Exams And Meritocracy: The Surprising And Undertheorized Role Of Test-Taking Speed, William D. Henderson

Articles by Maurer Faculty

Within the field of psychometrics, it is widely acknowledged that test-taking speed and reasoning ability are separate abilities with little or no correlation to each other. The LSAT is a univariate test designed to measure reasoning ability; test-taking speed is assumed to be an ancillary variable with a negligible effect on candidate scores. This Article explores the possibility that test-taking speed is variable common to both the LSAT and actual law school exams. This commonality is important because it may serve to increase the predictive validity of the LSAT. The author obtained data from a national and a regional law …

On International And Interdisciplinary Legal Ethics Scholarship, W. Bradley Wendel

Cornell Law Faculty Publications

"Legal Ethics is an international and interdisciplinary journal dedicated to the field of legal ethics." The mission statement of this journal poses three concise challenges for scholars in this discipline: To define the domain of legal ethics, to study it from a perspective that is valid across jurisdictional boundaries, and to incorporate the insights of related disciplines. As befits an emerging and exciting field, lawyers and university faculty throughout the English- speaking common-law world have begun to engage with all three of these problems. The book reviews section of Legal Ethics has highlighted the publication of many of the …

Sec Enforcement Of Attorney Up-The-Ladder Reporting Rules: An Analysis Of Institutional Contraints, Norms, And Biases, Michael A. Perino

Faculty Publications

In their paper and in their earlier comments to the SEC on the proposed attorney reporting rules, Professors Cramton, Cohen and Koniak do an excellent job recounting the genesis of the attorney reporting requirements in the Sarbanes-Oxley Act, describing the SEC's proposed and final rules and critiquing the rule's triggering mechanism and now apparently shelved noisy withdrawal requirement. Their case study of the recent Spiegel, Inc. independent examiner's report is a particularly useful vehicle for examining the practical implications of the SEC's policy and drafting choices. Although I was a member of a committee that submitted comments opposed to noisy …

Book Review Of Gender On Trial: Sexual Stereotypes And Work/Life Balance In The Legal Workplace, Nicole Buonocore Porter

Faculty Publications

Holly English's book, Gender on Trial: Sexual Stereotypes and Work/Life Balance in the Legal Workplace, offers a very interesting, albeit mostly anecdotal, look at the many real or perceived sexual stereotypes in the legal workplace. Her book is the result of interviews with 180 lawyers (fifty of them men) over a two-year period in all regions of the country. Her main purpose of the book was to "explore the fact that persistent gender stereotypes present a continuing obstacle that obstructs the availability of broad opinions and choices for men and women lawyers." Through eight substantive chapters, she seeks to explore …

Preface, Symposium: Criminal Defense In The Age Of Terrorism, Tanina Rostain, Donald Zeigler

Articles & Chapters

No abstract provided.

"Bonded & Insured?": The Future Of Mandatory Insurance Coverage And Disclosure Rules For Kentucky Attorneys, Nicholas A. Marsh

Kentucky Law Journal

No abstract provided.

Statutory Assistance For Attorneys Providing Pro Bono Services, Christine Rollins

All Faculty Scholarship

Missouri attorneys now have the statutory assistance they need to take a more active role in assisting the low-income and under-represented members of our communities.