Legal Profession Commons^™

The Unfulfilled Promise Of The Constitution In Executive Hands, Cornelia T.L. Pillard

Michigan Law Review

Many leading constitutional scholars now argue for greater reliance on the political branches to supplement or even supplant judicial enforcement of the Constitution. Responding to our national preoccupation with the judiciary as the mechanism of constitutional enforcement, these scholars stress that the executive and legislature, too, bear responsibility to think about the Constitution for themselves and to take steps to fulfill the Constitution's promise. Joining a debate that goes back at least as far as Marbury v. Madison, current scholars seek to reawaken the political branches to their constitutional potential, and urge the Supreme Court to leave the other …

Women Lawyers, Their Status, Influence, And Retention In The Legal Profession, Paula A. Patton

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Shadow Of Professor Kingsfield: Contemporary Dilemmas Facing Women Law Professors, Martha Chamallas

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Some Dumb Girl Syndrome: Challenging And Subverting Destructive Stereotypes Of Female Attorneys, Ann Bartow

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Foreword To Symposium 2004: Attrition Of Women From The Legal Profession, Brooke D. Rodgers-Miller

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

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

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Advancing With A Clear Vision, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

"In A Case, In A Book, They Will Not Take A Second Look!" Critical Reading In The Legal Writing Classroom, Debra Curtis, Judith Karp

Faculty Scholarship

This article is based on a presentation that was first assembled for the Southeastern Regional Legal Writing Conference in September 2003. The theme of that conference was "The Basics and Beyond: Building Solid Skills on Flawed Foundations." As legal writing professions with nine years of teaching experience between us, we immediately honed in on "reading" as a core lawyering skill--though it is the one that seemed most flawed in the first-year legal writing class. We determined that case analysis, statute analysis, synthesis, and application were not possible unless students critically read the material with which they were working. Many students …

Licensing And Discipline Of Fiscal Professionals In The State Of Florida: Attorneys, Certified Public Accountants, And Real Estate Professionals, Debra Curtis

Faculty Scholarship

The purpose of this article is to compare the regulation of several professions within the state of Florida. In Florida, attorneys are self-regulated through the Florida Bar. As a branch of the Supreme Court of Florida, The Florida Bar serves as the licensing agency of attorneys within the state. Two other professions--real estate professionals and certified public accountants--in which the public also places fiscal trust and responsibility, are regulated through a different agency, the Department of Business and Professional Regulation. This article seeks to examine and explain the different methods of licensing and regulation between these professional groups and looks …

Volume 72

Tennessee Law Review

No abstract provided.

Federal Court Special Masters: A Vital Resource In The Era Of Complex Litigation, Mark A. Fellows, Roger S. Haydock

William Mitchell Law Review

This article is dedicated to all those who have served as special masters in federal court. After serving as a judicial master, it is easy to believe in the importance of the role in our grand system of justice. After reading this article, we hope it will be clear how vital masters are to everyone receiving fair, just, and expedient civil justice.

In A Dark Wood: Dante As A Spiritual Guide For Lawyers, Joseph Allegretti

St. Thomas Law Review

In this paper, I propose to focus on three stages in the Divine Comedy that represent three stages of the spiritual journey. First, being lost. The poem opens with Dante lost in a dark wood, corresponding to the spiritual situation of many lawyers today. Recall the title of Dean Kronman's book: The Lost Lawyer. Second, taking the journey. Dante moves from the dark wood through hell and purgatory on his journey of self-discovery. The lessons he learns can help anyone setting out on the spiritual journey. Third, arriving home. Dante ends his poem with a vision of what it means …

English As A Second Language - Or Why Lawyers Can't Write, H P. Southerland

St. Thomas Law Review

For more than thirty years I've spent a lot of time reading bad writing. By bad writing, I mean writing that fails of its essential purpose-so flawed in concept or execution that it can hardly inform, much less persuade. The writing is the sort that lawyers are routinely expected to produce: briefs, judicial opinions, essays dealing with law-related subjects, and the like. What I see, for the most part, is the writing of second- and third-year law students, the vast majority of whom graduate and enter upon a lifetime career as lawyers.' They take with them for tomorrow the writing …

The Vanishing Trial: Land Mine On The Mediation Landscape Or Opportunity For Evolution: Ruminations On The Future Of Mediation Practice, Kimberlee K. Kovach

Cardozo Journal of Conflict Resolution

Several decades ago, mediation developed as an alternative to the use of courts for resolving disputes. Over the years, the use of mediation to resolve lawsuits has greatly increased. The reasons for this evolution are numerous, and the primary underlying impetus for the use of mediation has, in many cases, impacted just how the process is conducted. For example, some view mediation as a process which provides individuals or groups engaged in a dispute or conflict with a collaborative and flexible process for dispute resolution. This view of the process also encourages party participation and empowerment, which often allows relationships …

Rules Of Or Substantive Law: Who Controls An Individual's Right To Choose A Lawyer In Today's Corporate Environment, 38 J. Marshall L. Rev. 1265 (2005), Joan Colson

UIC Law Review

No abstract provided.

Optrex And The Attorney-Client Privilege: Implications And Potential Significance, 39 J. Marshall L. Rev. 1 (2005), Sandra Liss Friedman, Helena D. Sullivan

UIC Law Review

No abstract provided.

An Importer's Election: Whether To Invoke Attorney Advice In Defense Or To Preserve Privilege, 39 J. Marshall L. Rev. 17 (2005), Patricia M. Mccarthy

UIC Law Review

No abstract provided.

What Does Optrex Mean For The Customs Bar?, 39 J. Marshall L. Rev. 23 (2005), John B. Pellegrini

UIC Law Review

No abstract provided.

Adjudicating International Trade Cases At The U.S. Commerce Department: Endless Remand Or Balanced Resolve?, 39 J. Marshall L. Rev. 59 (2005), Elizabeth C. Seastrum, Matthew D. Walden

UIC Law Review

No abstract provided.

Expanding Attorney Liability To Third Party Adversaries For Negligence, Jody M. Offutt

West Virginia Law Review

No abstract provided.

Expand Your Online Research Abilities, Laura K. Justiss

Law Library Staff & Faculty Works

As a summer clerk or full-time associate at a law firm (or as a solo practitioner), you are likely to encounter research projects for which neither Lexis nor Westlaw is a good option. Perhaps the material isn't available on these databases at all. Or, your firm may have a limited subscription that excludes the information you need. You also may find that some content on Lexis or Westlaw costs more than your firm or client is willing to pay. In these circumstances, it's important to know that the two most prominent databases used by lawyers are not the only ones …

The Politics Of Misconduct: Rethinking How We Regulate Lawyer-Politicians, 57 Rutgers L. Rev. 839 (2005), Kevin Hopkins

UIC Law Open Access Faculty Scholarship

No abstract provided.

Events

Law Quadrangle (formerly Law Quad Notes)

No abstract provided.

The Death Of The Living Will, Carl E. Schneider, Angela Fagerlin

Law Quadrangle (formerly Law Quad Notes)

Enough. The living will has failed, and it is time to say so.

We should have known it would fail: A notable but neglected psychological literature always provided arresting reasons to expect the policy of living wills to misfire. Given their alluring potential, perhaps they were worth trying. But a crescendoing empirical literature and persistent clinical disappointments reveal that the rewards of the campaign to promote living wills do not justify its costs.

U.S. Legal Ethics: The Coming Of Age Of Global And Comparative Perspectives, Laurel Terry

Faculty Scholarly Works

This Article reviews the influence of comparative law during the past 100 years and then divides the last 100 years into three distinct comparative legal ethics eras. The first era consists of the time period between 1904 and 1973, during which there was both domestic and comparative legal ethics scholarship, although a relatively small amount compared to later years. The second time period, which dates from 1974, when legal ethics became a required course, to 1997, represents the coming of age of domestic legal ethics scholarship. This time period also included a significant amount of legal ethics scholarship employing a …

Non-Adversarial Case Resolution, Donald N. Duquette

Book Chapters

Professionals who work with children and parents have become increasingly dissatisfied with the customary reliance on the traditional adversarial system in resolving family-related disputes, including cases involving children's protection, placement, and permanent care. The power struggle in contested cases and hearings relating to child welfare may foster hostility among the parties and dissipate money, energy, and attention that could otherwise be used to solve problems cooperatively. Parties may become polarized, open communication may be discouraged, and there may be little investment in information sharing and joint problem solving. Children may suffer when adversarial tensions escalate and ameliorative services are delayed.

Representing Children And Youth, Donald N. Duquette, Marvin Ventrell

Book Chapters

Quality legal representation of all parties is essential to a high-functioning dependency court process. Quality legal representation of children in particular is essential in obtaining good outcomes for children. An adversarial court process that depends on competing independent advocacy to provide information will not produce good outcomes for litigants who lack competent advocates. Dependency court decisions are as good as the information on which the decisions are based. In order to promote the welfare of children in dependency court, therefore, children must be provided with competent independent legal representation.

Fitting The Forum To The Fuss With Sticky Defaults: Failure In The Market For Dispute Resolution Services?, Maurits Barendrecht, Berend R. De Vries

Cardozo Journal of Conflict Resolution

"Fitting the forum to the fuss" - i.e., finding the optimal way to deal with every dispute - is an appealing slogan of proponents of alternative dispute resolution ("ADR"). The phrase also summarizes the contract one would expect rational disputants to make once they are embroiled in a conflict they cannot resolve together. Disputants can "buy" dispute resolution services, such as various forms of court intervention, mediation, or arbitration. Agreeing to a contract to buy such services together with an opponent, however, is likely to be difficult. These difficulties are assessed in this article. The barriers to dispute resolution are …

The Myth Of The Gladiator And Law Students' Negotiation Styles, Melissa L. Nelken

Cardozo Journal of Conflict Resolution

"Shark." "Hired gun." The popular view is that lawyers are, by and large, cut-throat competitors who take the ethical obligation of zealous advocacy on behalf of their clients to the extreme, heedless of the cost to others or to society as a whole. The adversarial system (with its winners and losers), law school teaching, and the portrayal of lawyers in popular media, all feed this stereotype. The focus on litigation promotes misperceptions about what most lawyers actually do. Lawyers make deals and resolve virtually all litigated matters short of trial, often through negotiation. Studies of lawyers' behavior in negotiation over …

Cyberbullies On Campus, 37 U. Tol. L. Rev. 51 (2005), Darby Dickerson

UIC Law Open Access Faculty Scholarship

My goals in this article are to introduce the law school community to the problem of cyberbullies, and to alert deans, administrators, and professors to the risks associated with this form of bullying-so that the problem can be acknowledged and addressed, and so that we may all learn and work in as safe an environment as possible.