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Legal Profession Commons™

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2006

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Institution
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Articles 91 - 120 of 215

Full-Text Articles in Legal Profession

Recognizing The Expertise Of Children And Families, Ann M. Haralmbie Mar 2006

Recognizing The Expertise Of Children And Families, Ann M. Haralmbie

Nevada Law Journal

No abstract provided.

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Asymmetrical Attitudes And Participatory Justice, Michael Giudice Mar 2006

Asymmetrical Attitudes And Participatory Justice, Michael Giudice

Cardozo Public Law, Policy & Ethics Journal

The article explores the asymmetry in attitudes toward law between legal officials and citizens, arguing that this disconnect leads to deficiencies in moral justice. It suggests that participatory justice practices, inspired by Aboriginal legal traditions, can bridge this gap by emphasizing context-sensitive, individualized approaches to dispute resolution.

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The Myths Of Thane Rosenbaum, Daniel J. Kornstein Mar 2006

The Myths Of Thane Rosenbaum, Daniel J. Kornstein

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

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Filing A Heartfelt Appeal Against The Legal System, Adam Liptak Mar 2006

Filing A Heartfelt Appeal Against The Legal System, Adam Liptak

Cardozo Public Law, Policy & Ethics Journal

The article critiques the legal system's overemphasis on monetary compensation in civil cases and punishment in criminal ones, arguing that it neglects the dignity and emotional needs of participants. The author, Thane Rosenbaum, advocates for a more empathetic approach, proposing a "jurisprudence of healing" that prioritizes storytelling, apologies, and acknowledgment of responsibility over legal formalities. While his suggestions are deemed impractical, they highlight the system's shortcomings in addressing human emotions and moral accountability.

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Essay For The In-Print Symposium On The Myth Of Moral Justice, Stuart A. Scheingold Mar 2006

Essay For The In-Print Symposium On The Myth Of Moral Justice, Stuart A. Scheingold

Cardozo Public Law, Policy & Ethics Journal

Stuart Scheingold responds to Thane Rosenbaum's The Myth of Moral Justice, agreeing with the aspiration to infuse law with moral imagination but critiquing Rosenbaum's oversight of existing moral energy within the legal profession, particularly through cause lawyering. Scheingold argues that Rosenbaum's approach is overly simplistic, failing to account for institutional obstacles and the contested nature of moral discourse, which can lead to conflict rather than harmony. He emphasizes that while moral advocacy, as seen in cause lawyering, can drive positive change, it also faces significant challenges and backlash.

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On Morality And The Law: Truth, Justice And The American Way, Daniel M. Abuhoff Mar 2006

On Morality And The Law: Truth, Justice And The American Way, Daniel M. Abuhoff

Cardozo Public Law, Policy & Ethics Journal

The article argues that the legal system should not be based on morality but rather on rules designed to protect individual freedoms and ensure fairness. It critiques Thane Rosenbaum's view that the legal system should prioritize morality, asserting that such an approach could lead to the imposition of a single moral code, undermining diversity and leading to potential inconsistencies and biases.

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The Myth Of Moral Justice In-Print Symposium: A Brief Response, Kenneth R. Feinberg Mar 2006

The Myth Of Moral Justice In-Print Symposium: A Brief Response, Kenneth R. Feinberg

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

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Vol. 4, No. 03 (March/April 2006) Mar 2006

Vol. 4, No. 03 (March/April 2006)

Indiana Law Update

No abstract provided.

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Children's Voice And Justice: Lawyering For Children In The Twenty-First Century, Annette R. Appell Mar 2006

Children's Voice And Justice: Lawyering For Children In The Twenty-First Century, Annette R. Appell

Nevada Law Journal

No abstract provided.

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A Response To The Recommendations Of The Unlv Conference: Another Look At The Attorney/Guardian Ad Litem Model, Robert F. Harris Mar 2006

A Response To The Recommendations Of The Unlv Conference: Another Look At The Attorney/Guardian Ad Litem Model, Robert F. Harris

Nevada Law Journal

No abstract provided.

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Report Of The Working Group On The Best Interests Of The Child And The Role Of The Attorney, Working Group On The Best Interests Of The Child And The Role Of The Attorney Mar 2006

Report Of The Working Group On The Best Interests Of The Child And The Role Of The Attorney, Working Group On The Best Interests Of The Child And The Role Of The Attorney

Nevada Law Journal

No abstract provided.

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How Children's Lawyers Serve State Interests, Martin Guggenheim Mar 2006

How Children's Lawyers Serve State Interests, Martin Guggenheim

Nevada Law Journal

No abstract provided.

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It Takes A Lawyer To Raise A Child?: Allocating Responsibilities Among Parents, Children, And Lawyers In Delinquency Cases, Kristin Henning Mar 2006

It Takes A Lawyer To Raise A Child?: Allocating Responsibilities Among Parents, Children, And Lawyers In Delinquency Cases, Kristin Henning

Nevada Law Journal

No abstract provided.

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Two Distinct Roles/Bright Line Test, Donald N. Duquette Mar 2006

Two Distinct Roles/Bright Line Test, Donald N. Duquette

Nevada Law Journal

No abstract provided.

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Standing In Babylon, Looking Toward Zion, Katherine R. Kruse Mar 2006

Standing In Babylon, Looking Toward Zion, Katherine R. Kruse

Nevada Law Journal

No abstract provided.

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Buzz In The Brain And Humility In The Heart: Doing It All, Without Doing Too Much, On Behalf Of Children, Erik Pitchal Mar 2006

Buzz In The Brain And Humility In The Heart: Doing It All, Without Doing Too Much, On Behalf Of Children, Erik Pitchal

Nevada Law Journal

No abstract provided.

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Simon Says Take Three Steps Backwards: The National Conference Of Commissioners On Uniform State Laws Recommendations On Child Representation, Jane M. Spinak Mar 2006

Simon Says Take Three Steps Backwards: The National Conference Of Commissioners On Uniform State Laws Recommendations On Child Representation, Jane M. Spinak

Nevada Law Journal

No abstract provided.

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In Search Of A Child's Future, Shari F. Shink Mar 2006

In Search Of A Child's Future, Shari F. Shink

Nevada Law Journal

No abstract provided.

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Recommendations Of The 1995 Fordham Conference On Ethical Issues In The Legal Representation Of Children, Fordham Conference On Ethical Issues In The Legal Representation Of Children Mar 2006

Recommendations Of The 1995 Fordham Conference On Ethical Issues In The Legal Representation Of Children, Fordham Conference On Ethical Issues In The Legal Representation Of Children

Nevada Law Journal

No abstract provided.

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Representing Children With Disabilities: Legal And Ethical Considerations, Kim Brooks Tandy, Teresa Heffernan Mar 2006

Representing Children With Disabilities: Legal And Ethical Considerations, Kim Brooks Tandy, Teresa Heffernan

Nevada Law Journal

No abstract provided.

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Michigan's First Woman Lawyer: Sarah Killgore Wertman, Margaret A. Leary Mar 2006

Michigan's First Woman Lawyer: Sarah Killgore Wertman, Margaret A. Leary

Articles

Sarah Killgore Wertman was the first woman in the country to both graduate from law school and be admitted to the bar. Thus, she was Michigan's first woman lawyer in two senses: She was the first woman to graduate from the University of Michigan Law School, and the first woman admitted to the Michigan bar. Others preceded her in entering law school, graduating from law school, or being admitted to the bar, but she was the first to accomplish all three. Her story illustrates much about the early days of women in legal education and the practice of law, a …

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An Alternative To The Contingent Fee? An Assessment Of The Incentive Effects Of The English Conditional Fee Arrangement, Peter Melamed Mar 2006

An Alternative To The Contingent Fee? An Assessment Of The Incentive Effects Of The English Conditional Fee Arrangement, Peter Melamed

Cardozo Law Review

No abstract provided.

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Langdell Upside-Down: The Anticlassical Jurisprudence Of Anticodification, Lewis A. Grossman Feb 2006

Langdell Upside-Down: The Anticlassical Jurisprudence Of Anticodification, Lewis A. Grossman

ExpressO

At the end of the nineteenth century, the American legal community engaged in an impassioned debate about whether the substantive common law should be codified. The American codifiers, like their civil law counterparts in Europe, sought to make the law largely “judge proof” by reducing the function of courts to the nondiscretionary application of clearly stated statutory principles and rules. By contrast, codification opponents, led by James Coolidge Carter, fought to preserve the centrality of courts in the American legal system. In light of the influential scholarship portraying Gilded Age law as dominated by Langdellian “classical legal thought,” one might …

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Attorneys As Gatekeepers: Sec Actions Against Lawyers In The Age Of Sarbanes-Oxley, Lewis D. Lowenfels, Alan R. Bromberg, Michael J. Sullivan Feb 2006

Attorneys As Gatekeepers: Sec Actions Against Lawyers In The Age Of Sarbanes-Oxley, Lewis D. Lowenfels, Alan R. Bromberg, Michael J. Sullivan

ExpressO

Following the enactment of the Sarbanes-Oxley Act on July 30, 2002, the Securities and Exchange Commission has substantially increased the number of actions it has initiated against lawyers. And a substantial number of these recent SEC actions against counsel to public companies (both internal and external) have highlighted the SEC’s resolve to hold lawyers accountable for not performing adequately their SEC-conceived role as “gatekeepers” to prevent fraud and other violations of the federal securities laws. This “gatekeeper” concept has been and is being implemented through SEC actions addressing a wide variety of alleged transgressions in a wide diversity of factual …

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Law In The Digital Age: How Visual Communication Technologies Are Transforming The Practice, Theory, And Teaching Of Law, Richard K. Sherwin, Neal Feigenson, Christina Spiesel Feb 2006

Law In The Digital Age: How Visual Communication Technologies Are Transforming The Practice, Theory, And Teaching Of Law, Richard K. Sherwin, Neal Feigenson, Christina Spiesel

ExpressO

Law today has entered the digital age. The way law is practiced – how truth and justice are represented and assessed – is increasingly dependent on what appears on electronic screens in courtrooms, law offices, government agencies, and elsewhere. Practicing lawyers know this and are rapidly adapting to the new era of digital visual rhetoric. Legal theory and education, however, have yet to catch up. This article is the first systematic effort to theorize law's transformation by new visual and multimedia technologies and to set out the changes in legal pedagogy that are needed to prepare law students for practice …

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When The Inquisitorial And Adversary Systems Collide: Teaching Trial Advocacy To Latin American Lawyers, Leonard L. Cavise Feb 2006

When The Inquisitorial And Adversary Systems Collide: Teaching Trial Advocacy To Latin American Lawyers, Leonard L. Cavise

ExpressO

"When the Inquisitorial and Adversary Systems Collide: Teaching Trial Advocacy to Latin American Lawyers" The first part of the article reviews the principal differences in the two systems as it affects trial procedure. The article then reviews those aspects of accusatorial trial proceedings that caused the greatest degree of discomfort to the foreign lawyers. Finally, the article attempts to posit a few recommendations that should help not only to ease the transition process but also to anticipate the next level of procedural and substantive obstacles.

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Legal Doubletalk And The Concern With Positional Conflicts: A “Foolish Consistency”?, Helen A. Anderson Feb 2006

Legal Doubletalk And The Concern With Positional Conflicts: A “Foolish Consistency”?, Helen A. Anderson

ExpressO

This article explores the question whether lawyers should be able to argue both sides of a legal issue is unrelated cases. Today the ABA and many state bar associations caution against so-called “positional conflicts,” analyzing them as potential conflicts of interest under a multi-factor test. This relatively recent concern misses the real potential for harm: it is precisely when a lawyer decides not to make a contradictory argument for one client in order not to offend or harm another client that an ethical problem is likely to be present. A positional conflict is therefore evidence that any pressure to modify …

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Law Reviews And Academic Debate, Erik M. Jensen Feb 2006

Law Reviews And Academic Debate, Erik M. Jensen

Faculty Publications

These essays were part of a mini-symposium, “Of Correspondence and Commentary,” published by the Connecticut Law Review. At the time, a number of prominent law reviews had begun to publish “correspondence,” shorter pieces generally commenting on work published in the reviews. Whatever they were called, however, these pieces looked an awful lot like articles, complete with footnotes, titles with colons, and other law-review-type stuff. The author used the creation of correspondence sections to ruminate on the nature of legal scholarship, as published in student-edited law reviews, and in particular to wonder whether authors were using correspondence sections as backdoor ways …

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Law As Rationalization: Getting Beyond Reason To Business Ethics, Jeffrey Marc Lipshaw Feb 2006

Law As Rationalization: Getting Beyond Reason To Business Ethics, Jeffrey Marc Lipshaw

ExpressO

Embedded in the way we use the law is the tendency of human reason to justification, in the words of one philosopher, “the thirst for rationality that creates lies.” I contend that this tendency is exacerbated by the conflation of what is knowable as a matter of science, and that which we might believe is normative. I rely on Kant’s critique of theoretical and practical reason to assess claims to objectivity in social science approaches to law, and to suggest it is not surprising that the operation of theoretical and practical reason would tend to the conflation of the descriptive …

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Legal Market Liberalization In South Korea: Preparations For Change, Hyung Tae Kim Feb 2006

Legal Market Liberalization In South Korea: Preparations For Change, Hyung Tae Kim

Washington International Law Journal

South Korea’s World Trade Organization membership requires the “Land of the Morning Calm” to liberalize its legal market. South Korea submitted its proposal for liberalization in the spring of 2003 and planned to begin opening its legal market in 2005. However, disagreements between South Korea and other World Trade Organization members over the scope of liberalization have led to a one-year negotiation period extension, pushing back the planned market opening to early 2007. The Korean Bar Association has strongly opposed liberalization, claiming that liberalization will lead to the foreign domination of South Korea’s legal market. On the other hand, most …

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