Legal Profession Commons^™

A Uniform Fee-Setting System For Calculating Court-Awarded Attorneys’ Fees: Combining Ex Ante Rates With A Multifactor Lodestar Method And A Performance-Based Mathematical Model, Matthew D. Klaiber

Maryland Law Review

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 39, Number 1, Fall/Winter 2005–2006

Nebraska Transcript

Table of Contents

2 Five New Faculty Members Bring Variety of Experiences

Career Transitions: Tasha Everman Replaces Notre-Dame-Bound Carla DeVelder as Career Services Director

College Has New Look

McHenry Landscapes Show "This is Nebraska's Law School"

Limerick Summer Program Gives Students Opportunity to Study Comparative Law in Ireland

Harris: "Why Plessy v. Fergusion Is Still Good Law"

Congratulations, Class of 2005!

Rosales Leaves Law College With Mission To Help Others

Family Tradition Ceremony

Seeking Justice: Prof. Alicia Henderson's Tenure Lecture

Alumni Council Awards Honor Distinguished Achievements

Class of 1955 50-Year Reunion Features Camaraderie, Memories

Kratz: White Collar Crime Specialist Founds …

For Such A Time As This, John W. Reed

Other Publications

This essay is based on a talk at the annual meeting of the International Society of Barristers at Scottsdale, Arizona on March 17, 2006.

A Legal Career For All Seasons: Remembering St. Thomas More’S Vocation, Veryl Victoria Miles

Scholarly Articles

The vast majority of the work taking place in most law schools is the preparation of law students for the practice of law; namely, to teach legal theory and doctrine, legal analysis, writing, and advocacy. In sum, the goal of most law schools is to teach the many different skills required in law practice and the professional rules of legal ethics. What appears to be lacking in the preparation of future lawyers are lessons on how to incorporate this vast amount of specialized learning and skill in ways that will be harmonious with the personal, moral, and ethical values that …

Uk Law Notes, 2006, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.

Matchmaker, Matchmaker Make Me A Match: An Insider's Guide To The Faculty Hiring Process, Debra R. Cohen

Journal Articles

This essay analogizes the process of finding a law faculty position to internet dating. Along the way it provides insights into the law faculty hiring process. These insights are based on over a decade of attendance at the "meat market" in various capacities, speaking with hundreds of interviewers and mentoring hundreds of candidates.

Teaching Legal Research And Writing With Actual Legal Work: Extending Clinical Education Into The First Year, 12 Clinical L. Rev. 441 (2006), Steven D. Schwinn, Michael Millemann

UIC Law Open Access Faculty Scholarship

In this article, the co-authors argue that legal research and writing (LRW) teachers should use actual legal work to generate assignments. They recommend that clinical and LRW teachers work together to design, co-teach, and evaluate such courses.

They describe two experimental courses they developed together and co-taught to support and clarify their arguments. They contend that actual legal work motivates students to learn the basic skills of research, analysis and writing, and thus helps to accomplish the primary goals of LRW courses. It also helps students to explore new dimensions of basic skills, including those related to the development and …

From Sec Enforcement Attorney To Commissioner, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Lawyers And Learning: A Metacognitive Approach To Legal Education, 13 Widener L. Rev. 33 (2006), Anthony Niedwiecki

UIC Law Open Access Faculty Scholarship

No abstract provided.

A Tragedy Of The Common: The Common Interest Rule, Its Common Misuses, And An Uncommon Solution, Nicole Garsombke

Georgia Law Review

Almost every state allows some form of the common interest rule, which protects communications and documents exchanged between attorney, client, and certain third parties from waiver of the attorney-client privilege. This Note is a critique of two important exceptions to privilege waiver, the common interest and coclient rules, and discusses the rationales and justifications for the exceptions, scenarios to which the exceptions apply, and other confusing elements of courts' applications and interpretations.An examination of the common interest and coclient rules in Georgia is provided to give a particular case study of the development and use of these two exceptions. Finally, …

The Story Of Upjohn Co. V. United States: One Man's Journey To Extend Lawyer-Client Confidentiality, And The Social Forces That Affected It, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The attorney-client privilege protects information a client provides an attorney in confidence for the purpose of securing legal advice. But suppose the client is not a person but a corporation and can only speak through its agents and employees. What then are the contours of the privilege? If the corporation's attorney asks an employee for information relating to pending litigation or other legal matters, is the conversation privileged? Some courts said that no communications to a corporate attorney were privileged unless they came from members of the corporate control group, loosely those people who had authority to direct the attorney's …

Expecting Too Much And Too Little Of Lawyers, Eugene R. Gaetke

Law Faculty Scholarly Articles

The regulation of lawyers' behavior remains a controversial topic. Over the past hundred years, the organized bar has engaged in a number of efforts to generate rules governing lawyers' conduct. Still, prominent lawyers and jurists, the public media, and legal scholars perceive an ongoing decline in the profession's ethics.

Bar leaders tend to respond to the problem by calling for greater "professionalism" among practicing lawyers. Drawing on professional images from earlier times, they urge lawyers to look beyond the rules and to be more virtuous, selfless, independent of clients, and dedicated to justice.

A number of commentators go further. These …

A Persistent Critique: Constructing Clients’ Stories, Carolyn Grose

Faculty Scholarship

Drawing on narrative, post-colonial, clinical and other critical theory, this article explores the role and necessity of critical reflection by lawyers in the construction of clients' stories in representation. In particular, the piece is framed by the experiences of transgender clients and their student attorneys. The piece begins by examining the "problem of representation" - the challenge of seeing and hearing clients' stories, particularly when those stories do not fit in to our understanding of how the world works. It moves on to describe first the "official stories" that govern how the legal system treats transgender people and second how …

A Crack In The Shield? Malpractice Coverage At Risk, Daniel S. Kleinberger

Faculty Scholarship

A recent, unreported opinion of the Minnesota Court of Appeals has opened up a major hole in the liability shield of professional firms. Continental Casualty Co. v Duckson-Carlson, LLC, misapplies the doctrine of equitable estoppel, misinterprets the Minnesota Professional Firms Act, ignores the fundamental distinction between an entity and its owners, and sub silentio turns the law of third party beneficiaries on its head. From a practical perspective, the decision should trouble every lawyer, doctor, accountant, and other "319B" professional in the state and, moreover, has serious implications for individuals covered by D&O insurance

From Sec Enforcement Attorney To Commissioner, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Every Name Has A Place, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Emancipation Through Secularization: French Feminist Views Of Muslim Women’S Condition In Interwar Algeria, Sara L. Kimble

School of Continuing and Professional Studies Faculty and Staff Works

Cet article examine la condition des musulmanes algériennes telle que vue par des féministes françaises entre les deux guerres mondiales. Une série de colloques nationaux et internationaux dans la région méditerranéenne analysa les limitations imposées sur les filles et les femmes musulmanes par la tradition patriarcale et s'adressa au gouvernement pour demander des réformes. Cet article démontre que ces féministes françaises approuvaient la « mission civilisatrice » de la France et conseillaient des mesures visant la modernisation, « le progrès » et la laïcité en Algérie. Alors que ces féministes orientalistes critiquaient le Code Civil de 1804 comme une source …

A Price Theory Of Legal Bargaining: An Inquiry Into The Selection Of Settlement And Litigation Under Uncertainty, Robert J. Rhee

UF Law Faculty Publications

Conventional wisdom says that economic surplus is created when the cost of litigation is foregone in favor of settlement, a theory flowing from the Coase Theorem. The cost-benefit analysis weighs settlement against the expected value of litigation net of transaction cost. This calculus yields the normative proposition that settlement is a superior form of dispute resolution and so most trials are considered errors. While simple in concept, the prevailing economic model is flawed. This article is a theoretical inquiry into the selection criteria of settlement and trial. It applies principles of financial economics to construct a pricing theory of legal …

Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver

Articles by Maurer Faculty

This article analyses the role of U.S. law schools in educating foreign lawyers and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at 35 U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the article considers the responses of U.S. law schools to new competition from foreign …

Revisiting "The Need For Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers?, H. Timothy Lovelace Jr.

Articles by Maurer Faculty

No abstract provided.

Indiana Law In Evolution, Yvonne Cripps

Articles by Maurer Faculty

No abstract provided.

Do Attorneys Do Their Clients Justice? An Empirical Study Of Lawyers' Effects On Tax Court Litigation Outcomes, Leandra Lederman, Warren B. Hrung

Articles by Maurer Faculty

Do attorneys really add value or can unrepresented parties achieve equivalent results? This fundamental question ordinarily is difficult to answer empirically. An equally important question both for attorneys and the justice system is whether attorneys prolong disputes or instead facilitate expeditious resolution of cases.

Fortunately, there is a federal court that provides an excellent laboratory in which to test and answer these questions. In the United States Tax Court (Tax Court), where most federal tax cases are litigated, the government always is represented by Internal Revenue Service attorneys but a large portion of the taxpayer litigants proceed pro se. In …

The Rationality Of Law Students' Career Choices, Aaron Haas

Richmond Public Interest Law Review

Two of the major problems confronting the legal profession today are increasing rates of job dissatisfaction and the persistent problem of encouraging lawyers to work in public interest settings. These two problems are actually connected in an important way. Researchers have found that lawyers earning the highest salaries, typically in large law firms, are also the most dissatisfied with their profession, while lawyers working for government agencies, public interest organizations, and educational institutions are among the most satisfied. In other words, encouraging more law students to enter public service law could address both the problem of unhappiness in the profession …

Comments: The Use Of Screens To Cure Imputed Conflicts Of Interest: Why The American Bar Association's And Most State Bar Associations' Failure To Allow Screening Undermines The Integrity Of The Legal Profession, Erin A. Cohn

University of Baltimore Law Review

You are a young associate, fresh out of law school, hired by a large law firm that deals with anything from medical malpractice to construction contracts. After working at the firm for several years you decide to change firms. You interview with a number of firms, but after describing the variety of cases that you have worked on over the years, the firms admit that they do not want to risk hiring you and possibly having to turn down future litigation if a conflict of interest arises. The firms explain that any conflict you may have with a potential client …

Screed Or Scholarship: The Days Of Whine And Roses, Jeffrey M. Lipshaw

Suffolk University Law School Faculty Works

This is a review of, The Destruction of Young Lawyers: Beyond One L. by Douglas Litowitz (Akron: University of Akron Press, 2006).

While the book may be a credible (if tiresome) account of Mr. Litowitz's own unhappiness as a law student and large firm new associate, and evidence of the fact there are unhappy lawyers in the world, it overpromotes itself on two counts. Although it is written by a law professor and published by a university press, and makes broad and universal claims about evils in the legal profession, it is largely a slapdash pastiche of hyperbole and anecdote. …

Courtroom Applications Of Virtual Environments, Immersive Virtual Environments, And Collaborative Virtual Environments., Jeremy Bailenson, Jim Blascovich, Andrew Beall, Beth Simone Noveck

Articles & Chapters

This article examines the possibilities and implications of employing virtual environments (VEs), immersive virtual environments (IVEs), and collaborative virtual environments (CVEs) in the courtroom. We argue that the immersive and interactive reality created by these tools adds significant value as a simulation of experience to enhance courtroom practice. The obvious boundaries between real and virtual enhance the attractiveness of these tools as technologies of rhetorical persuasion that can be used to demonstrate subjective perspective, strengthen or impeach the credibility of witnesses, and provide the trier of fact with a better understanding of each side's perception of the facts at issue. …

Police Prosecution In Rhode Island: The Unauthorized Practice Of Law, Andrew Horwitz, John R. Grasso

Law Faculty Scholarship

Every day in Rhode Island, police officers are practicing law without a license in both the District Court and the Traffic Tribunal. They do so with the full stamp of approval of the judges before whom they appear, despite the fact that the unauthorized practice of law is a crime in Rhode Island, as it is in every other state in the country. While one can certainly speculate about reasons why this practice has developed, there is nothing in any published decision of the Supreme Court of Rhode Island or in any state statute that appears to permit or justify …

On Nourishing The Curriculum With A Transnational-Law Lagniappe (From The Association Of American Law Schools' Workshop On Integrating Transnational Legal Perspectives Into The First-Year Curriculum, Annual Meeting, Torts Panel, January 2006), Anita Bernstein

Faculty Scholarship

No abstract provided.

Confronting Conventional Thinking: The Heuristics Problem In Feminist Legal Theory, Nancy Levit

Faculty Works

The thesis of The Heuristics Problem is that the societal problems about which identity theorists are most concerned often spring from and are reinforced by thinking riddled with heuristic errors. This article first investigates the ways heuristic errors influence popular perceptions of feminist issues. Feminists and critical race theorists have explored the cognitive bias of stereotyping, but have not examined the ways probabilistic errors can have gendered consequences. Second, The Heuristics Problem traces some of the ways cognitive errors have influenced the development of laws relating to gender issues. It explores instances in judicial decisions in which courts commit heuristic …

Do Reverse Payment Settlements Violate The Antitrust Laws, Christopher M. Holman

Faculty Works

The term "reverse payment" has been used as shorthand to characterize a variety of diverse agreements between patent owners and alleged infringers that involve a transfer of consideration from the patent owner to the alleged infringer. Reverse payment settlements are particularly associated with drug patent challenges mounted by generic drug companies under the Hatch-Waxman Act. Many, including the Federal Trade Commission, would characterize these agreements as antitrust violations. However, courts have generally declined to find these agreements in violation of the antitrust laws based solely on the presence of a reverse payment.

This article begins in Section II with an …