Legal Profession Commons^™

Protecting The Rights Of Foster Children: Suing Under § 1983 To Enforce Federal Child Welfare Law, Sara J. Klein

Cardozo Law Review

No abstract provided.

Introduction: Failure Of The Word: The Rise Of Law And Literature, Arthur J. Jacobson, Gary Minda

Cardozo Law Review

No abstract provided.

Reflections, Gary Minda

Cardozo Law Review

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 …

Volume 29, Issue 1 (Spring 2005)

Transcript

No abstract provided.

Ethical Standards Of Japanese Lawyers: Translation Of The Ethics Codes For Six Categories Of Legal Service Providers, Kyoko Ishida

Washington International Law Journal

Today, Japanese attorneys and so-called "quasi-lawyers" (jun hōritsuka) face significant regulatory reforms to the legal services they provide. The justice system reform (shihō seido kaikaku) significantly expanded the scope of practice for quasi-lawyers in order to meet the country's growing need for legal assistance. Also, in November 2004 attorneys established new ethical standards which also apply to registered foreign business attorneys for the preparation of upcoming increase of population of attorneys. In contrast to the United States, where attorneys provide legal services almost exclusively, there are several licensed legal service providers other than attorneys (bengoshi …

Diversity: Denied, Deferred Or Preferred, Carl G. Cooper

West Virginia Law Review

No abstract provided.

Who Is The Corporation's Lawyer, Ethan S. Burger

West Virginia Law Review

No abstract provided.

Vol. 3, No. 03 (April 2005)

Indiana Law Update

No abstract provided.

Sarbanes-Oxley Act, Section 307 - The Price Of Accountability: How Will Section 307 Affect The Role Of The Corporate Attorney, Sara B. Smith

West Virginia Law Review

No abstract provided.

Opening Remarks: Advocating For Change, Kurt Mundorff

Cardozo Public Law, Policy & Ethics Journal

The article critiques the Child Abuse Prevention and Treatment Act (CAPTA) for focusing narrowly on parental responsibility while neglecting broader societal factors like poverty and racism. It highlights the challenges in predicting child abuse and the negative outcomes of foster care, arguing that the system's approach is flawed and in need of reform.

Recalling The Legal Services Corporation’S Critical First Steps, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

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.

The Paper Tiger Of Gideon V. Wainwright And The Evisceration Of The Right To Appointment Of Legal Counsel For Indigent Defendants, Amanda Myra Hornung

Cardozo Public Law, Policy & Ethics Journal

The note examines the disparity between the Sixth Amendment's promise of counsel for indigent defendants and the realities of its implementation, arguing that while landmark cases like Gideon v. Wainwright established the right to appointed counsel in state criminal proceedings, significant gaps remain in ensuring effective representation. The analysis highlights systemic issues such as inadequate funding, excessive caseloads, and limited access to resources, which undermine the fairness of criminal trials. The note advocates for increased funding, reduced caseloads, and clearer standards for effective assistance of counsel to fulfill the constitutional guarantee of equal justice.

The Unwitting Attorney, The Desperate Client, And The Perpetuation Of The New York Power Play: A Proposal To Ban Voluntary Assignments Of Legal Malpractice Claims Via New York General Obligations Law Section 13-101, Rosalie S. Walters

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

The Advocate

The Advocate

No abstract provided.

Reports Of Batson's Death Have Been Greatly Exaggerated: How The Batson Doctrine Enforces A Normative Framework Of Legal Ethics, Laura I. Appleman

ExpressO

In this article, I aim to explain how the Batson procedure enforces a normative framework of legal ethics, a theory which I hope will be of use to both criminal law professors and scholars of legal ethics. Despite many recent prudential attacks against the Batson procedure and the peremptory challenge, I contend that Batson has a largely unarticulated ethical component, one that invokes a lawyer’s professional responsibility. Accordingly, using legal ethics as a lens through which to interpret Batson sheds new light on the doctrine. Batson’s ethical imperative affects the norms of the legal profession itself. By fostering a non-discrimination …

Book Review, Oscar G. Chase

Journal of Legal Education

No abstract provided.

Book Review, Michael Boudin

Journal of Legal Education

No abstract provided.

Book Review, Jay M. Feinman

Journal of Legal Education

No abstract provided.

The Ethics Of Cause Lawyering: An Examination Of Criminal Defense Lawyers As Cause Lawyers, Margareth Etienne

ExpressO

Criminal defense attorneys are often motivated by an intricate set of moral and ideological principles that belie their reputations as amoral (if not immoral) “hired guns” who would do anything to get their guilty clients off. Using empirical data from interviews with forty criminal defense attorneys I explore the motivations that inform their decisions to enter the field of criminal defense and the values that influence the manner in which they do their jobs. I conclude that many criminal defense attorneys are in fact cause lawyers who are committed to individual clients but also the “cause” of legal reform in …

Price, Path & Pride: Third-Party Closing Opinion Practice Among U.S. Lawyers (A Preliminary Investigation), Jonathan C. Lipson

ExpressO

This article presents the first in-depth exploration of third-party closing opinions, a common but curious – and potentially troubling -- feature of U.S. business law practice. Third-party closing opinions are letters delivered at the closing of most large transactions by the attorney for one party (e.g., the borrower) to the other party (e.g., the lender) offering limited assurance that the transaction will have legal force and effect.

Hundreds, if not thousands, of legal opinions are delivered every week. Yet, lawyers often complain that they create needless risk and cost, and produce little benefit. Closing opinions thus pose a basic question: …

Vol. 3, No. 02 (March 2005)

Indiana Law Update

No abstract provided.

Walled Gardens, Dan Hunter

Washington and Lee Law Review

The most significant recent development in scholarly publishing is the open-access movement, which seeks to provide free online access to scholarly literature. Though this movement is well developed in scientific and medical disciplines, American law reviews are almost completely unaware of the possibilities of open-access publishing models. This Essay explains how open-access publishing works, why it is important, and makes the case for its widespread adoption by law reviews. It also reports on a survey of law review publication policies conducted in 2004. This survey shows, inter alia, that few law reviews have embraced the opportunities of open-access publishing, and …

Cool Data On A Hot Issue: Empirical Evidence That A Law School Bar Support Program Enhances Bar Performance, Linda Jellum, Emmeline Paulette Reeves

Nevada Law Journal

No abstract provided.

Is The Contingent Legal Fee Tax Controversy Over?, Richard Mason

Nevada Law Journal

No abstract provided.

Observations On The Status And Impact Of The Judicial Confirmation Process, Edith H. Jones

University of Richmond Law Review

No abstract provided.

Organizational Misconduct: Beyond The Principal-Agent Model, Kimberly D. Krawiec

ExpressO

This article demonstrates that, at least since the adoption of the Organizational Sentencing Guidelines in 1991, the United States legal regime has been moving away from a system of strict vicarious liability toward a system of duty-based organizational liability. Under this system, organizational liability for agent misconduct is dependant on whether or not the organization has exercised due care to avoid the harm in question, rather than under traditional agency principles of respondeat superior. Courts and agencies typically evaluate the level of care exercised by the organization by inquiring whether the organization had in place internal compliance structures ostensibly designed …