Legal Profession Commons^™

What's The Difference? Comparing The Advocacy Preferences Of State And Federal Appellate Judges, David Lewis

The Journal of Appellate Practice and Process

No abstract provided.

Vol. 3, No. 09 (October/November 2005)

Indiana Law Update

No abstract provided.

Volume 29, Issue 2 (Fall 2005)

Transcript

No abstract provided.

Politically Motivated Bar Discipline, James E. Moliterno

Faculty Publications

Bar discipline and admission denial have a century~long history of misuse in times of national crisis and upheaval. The terror war is such a time, and the threat of bar discipline has once again become an overreaction to justifiable fear and turmoil. Political misuse of bar machinery is characterized by its setting in the midst of turmoil, by its target, and by its lack of merit. The current instance of politically motivated bar discipline bears the marks of its historical antecedents.

Advancing Public Interest Practitioner Research Skills In Legal Education, Randy J. Diamond

Faculty Publications

The information revolution has dramatically altered the legal research landscape, expanding the bounds of legal authority. Practitioner research requires more than traditional legal research. It also encompasses factual investigation, non-legal information, interdisciplinary and audience research. Many new lawyers are ill-prepared to research novel and unusual situations, to cope with unwritten laws and local customs, and to meet shifting authority expectations.

Law's Ambition And The Reconstruction Of Role Morality In Canada, David M. Tanovich

Dalhousie Law Journal

There is a growing disconnect and alienation between lawyers and the legal profession in Canada. One cause, which is the focus ofthe article, is philosophical in nature. There appears to be a disconnect between the role lawyers want to pursue (i.e., a facilitator of justice) and the role that they perceive the profession demands they play (i.e., a hired gun). The article argues that this perception is a mistaken one. Over the last fifteen years, we have been engaged in a process of role morality reconstruction. Under this reconstructed institutional role, an ethic of client-centred zealous advocacy has slowly begun …

Imputed Conflicts Of Interest In International Law Practice, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.

Cooperation Or Conflict: Leadership And Accountability In A Confusing And Perilous World, Evangeline Sarda

Evangeline Sarda

No abstract provided.

Organizational Form As Status And Signal, Kimberly D. Krawiec

ExpressO

In this Article, the author analyzes the reactions of 147 New York City law firms to the 1994 enactment of the New York Limited Liability Partnership statute, which provided New York law firm partners with the first convenient mechanism to limit their personal liability for partnership debts. Using both quantitative and qualitative evidence, she evaluates whether the behavior of New York law firms supports the signaling theory of organizational form—that is, the theory that firms use the partnership form to signal to the marketplace that they provide high quality legal services, due to either superior monitoring or to profit sharing. …

Lawyers And Learning: A Metacognitive Approach To Legal Education, Anthony S. Niedwiecki

ExpressO

The article discusses how the current methods of teaching law students hinder their ability to transfer the knowledge and skills learned in law school to the practice of law. I propose integrating learning theory into the law school curriculum, with a specific focus on teaching metacognitive skills. Generally, metacognition refers to having both an awareness of and control over one’s learning and thinking. Professors can help the students gain an awareness of their learning by focusing the students on which learning preferences and experiences they bring to law school and how they can match them to the skills required of …

Collaboration And Modeling: Reconsidering "Non-Directive" Orthodoxy In Clinical Legal Education, Harriet N. Katz

ExpressO

Clinical legal education scholarship has primarily emphasized “nondirective” supervision of law students by lawyer supervisors, although some scholars have contended that other supervision methods may be helpful for some students and a few have contended that the method of supervision was not critical to student learning. Externship supervision provides examples of a varied repertoire of supervision methods that may be applicable to on-campus clinics as well, depending on the educational goals of the clinic. Student views of the teaching value of supervision they experienced in externship at the author’s law school support the view that collaboration and modeling, as well …

Who Are The Good Guys? The Legacy Of Watergate And The Tangled Webs We Weave, Jeffrey A. Breinholt

ExpressO

This article examines the astounding revelation that Deep Throat, the anonymous source that brought down the Nixon Presidency, was Mark Felt, the man who ran the FBI during the Watergate Scandal. Was Mark Felt a hero or a villain? Thanks to the recent publication of Bob Woodward’s The Secret Man in combination with historical case law, we now have more historical evidence about what motivated Felt and how he reacted to his own legal misfortunes. This article examines this record and shows that categorizing Felt along the hero/villain continuum is not an easy task, but argues that this type of …

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

The Lawyer As A Portfolio Manager: How Does The Fee System Influence On The Lawyer's Decision Of Handling Legal Claim?, Christian At, Nathalie Chappe

ExpressO

We use the portfolio theory to analyze the lawyer's decision regarding the type of case the lawyer will handle. We offer some insights into the widespread idea that contingency lawyers are providing a risk sharing service. We demonstrate that a contingent fee lawyer diversifies his portfolio. We show that reputation induces more, but not fully, concentration, since a lawyer with greater reputation or expertise selects more risky cases. The size of the law firm has the same result.

Vol. 3, No. 08 (September 2005)

Indiana Law Update

No abstract provided.

Private Practice, Public Profession: Convictions, Commitments, And The Availability Of Counsel, Barry Sullivan

West Virginia Law Review

I would like to start by stating a proposition that may strike you as either simple-minded or self-evident, but, more likely, will simply seem strange because of the way in which I state it. My proposition is this: In a democratic society, the legal profession, its rights and privileges, exist to serve public purposes. The legal profession serves two principal public purposes: to provide representation to those who lack the specialized training to represent themselves, that is, non-lawyers, and to promote justice in society. One might object that representing clients is not a public purpose, but that, I would suggest, …

Counter-Majoritarian Power And Judges' Political Speech, Michael R. Dimino

ExpressO

Canons of ethics restrict judicial campaigning and prohibit sitting judges from engaging in political activity. Only recently, in Republican Party v. White, 536 U.S. 765 (2002), has the Supreme Court addressed the constitutionality of these restrictions, concluding that judicial candidates must be allowed some opportunity to discuss legal and political issues in their campaigns. But White left many questions unanswered about the permissible scope of restrictions on judges’ political activity.

This Article suggests that those questions will be answered not by applying principles of free speech, but by analyzing the opportunities the restrictions provide for independent judicial policy-making. Restrictions on …

E-Discovery—Can The Producing Party Expect Cost-Shifting?: The New Trend And What Can Be Done To Reduce Production Costs, Mafé Rajul

Washington Journal of Law, Technology & Arts

Now that computers and the Internet have radically changed the way businesses create and transmit information, questions about discovery rules in litigation continue to arise, such as which party should pay for producing electronic discovery. The courts are now considering cost shifting when the cost of production is unduly burdensome on the producing party by applying a seven-factor test. However, cost shifting is not always considered or granted, which is why it is important to have electronic documents relevant to anticipated litigation accessible in order to minimize the cost of producing electronic discovery. This Article will examine how courts are …

Vol. 3, No. 07 (August 2005)

Indiana Law Update

No abstract provided.

Leon Wallace Profile

Leon Wallace (1951-1952 Acting; 1952-1966)

No abstract provided.

Vol. 3, No. 06 (July 2005)

Indiana Law Update

No abstract provided.

Transnational Legal Practice Developments, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Carole Silver, Clifford J. Hendel, Jonathan Goldsmith, Masahiro Shimojo

Faculty Scholarly Works

No abstract provided.

Legal Scholarship As Resistance To 'Science', Steven D. Smith

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

Why do law professors continue to produce scholarship even after achieving tenure? This essay, presented as part of a AALS panel discussing “Why We Write?”, considers some common and less common responses, and suggests that for at least a few professors, legal scholarship can serve as a way of resisting the overbearing dominance of the “scientific” worldview evident in so much modern thought in favor of a perspective more attentive to the value of persons.

Vol. 3, No. 05 (June 2005)

Indiana Law Update

No abstract provided.

Vol. 3, No. 04 (May 2005)

Indiana Law Update

No abstract provided.

Law Firm General Counsel As Sherpa: Challenges Facing The In-Firm Lawyer's Lawyer, Susan Saab Fortney

Faculty Scholarship

This article addresses the increasing trend in law firms appointing general counsel. Part I of this article provides an overview of the frequency of law firms employing the services of general counsel and the different roles general counsel may assume in law firms. Part II outlines the duties of general counsel in advising the firm on matters related to firm structure. Part III observes that general counsel may play an important role in helping law firms choose the most appropriate method to compensate its lawyers to achieve the desired results. Part IV stresses the importance of the preventative measures general …

Clark Memorandum: Spring 2005, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• The Beginning and the End of a Lawyer (Elder Dallin H. Oaks)
• Jehovah's Code of Civil Justice (John W. Welch)
• Worlds of Joseph Smith
• Happy Anniversary

The Legal Employment Market: Determinants Of Elite Firm Placement, And How Law Schools Stack Up, Anthony M. Ciolli

ExpressO

Data collected on 15,293 law firm associates from 1295 employers who graduated from law school between 2001 and 2003 were used to develop a “total quality score” for every ABA-accredited law school, both nationally and for nine geographic regions. Quantitative methods were then used to identify factors that help explain the variation in a law school’s national career placement success at elite law firms. The findings revealed that while a law school’s academic reputation is the single biggest predictor of placement, several other factors were also highly significant. Differences in grading system, class rank disclosure policies, and the number of …

Interview With Timothy J. Carson, David Spiegel, Timothy J. Carson, Legal Oral History Project, University Of Pennsylvania Carey Law School

Legal Oral History Project

For transcript, click the Download button above. For video index, click the link below.

TImothy J. Carson (W '70) has practiced in Philadelphia for forty years in the field of public sector law, especially public finance. He is currently a partner at Dilworth Paxson LLP. He is an elected Fellow of the American College of Bond Counsel.

A Judicial Secretary's Many Roles: Working With An Appellate Judge And Clerks, Stephen L. Wasby

The Journal of Appellate Practice and Process

No abstract provided.