Legal Profession Commons^™

Empirically Evaluating Claims About Investment Treaty Arbitration, Susan Franck

Scholarly Articles in Law Reviews & Journals

With the blossoming of empirical legal scholarship, there is an increased appreciation for the insights it offers issues of international importance. One area that can benefit from such inquiry is the resolution of disputes from investment treaties, which affects international relations, implicates international legality of domestic government conduct, and puts millions of taxpayer dollars at risk. While suggesting there has been a "litigation explosion", commentators make untested assertions about investment treaty disputes. Little empirical work transparently explores this area, however. As the first research that explains its methodology and results, this article is a modest attempt to evaluate claims about …

Women Of Distinction Honored (Photograph)

Lauren Robel (2002 Acting; 2003-2011)

The Girl Scouts of Tulip Trace Council, Inc. 2007 Women of Distinction Awards Dinner held on Friday, Nov. 16. Pictured from front left are Mary Krupinski (Honoree), Lauren Robel (Honoree), Anna Weigand (Honoree), Janet Skillman (Honoree), Jenny Morgan (Honoree), Alisa Wright (Honoree). In the back row from the left are Pam Freeman (Honoree), Ann Shea (WTIU producer-mistress of ceremonies), Deborah O'Brien (Girl Scouts of Tulip Trace Council CEO), Regina Moore (Bloomington city clerk and event co-chair), Sue Wanzer (Girl Scouts of Tulip Trace Council Board president).

Vol. 5, No. 06 (November/December 2007)

Indiana Law Update

No abstract provided.

Clark Memorandum: Fall 2007, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Packing Your Briefcase (Deanell Reece Tacha)
• Religiously Affiliated Law Schools (Kevin J Worthen)
• Peacemaking (Chieko N. Okazaki)
• Telling Our Stories of Jesus (Tessa Meyer Santiago)

Has A New Day Dawned For Indigent Defense In Virginia?, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.

The Antigone Dilemma: When The Paths Of Law And Morality Diverge, J. C. Oleson

Cardozo Law Review

No abstract provided.

Securities Class Action Abuse: Protecting Small Plaintiffs' Big Money, Russell Kamerman

Cardozo Law Review

No abstract provided.

The Price Of Misdemeanor Representation, Erica J. Hashimoto

William & Mary Law Review

Nobody disputes either the reality of excessive caseloads in indigent defense systems or their negative effects. More than forty years after Gideon v. Wainwright, however, few seem willing to accept that additional resources will not magically appear to solve the problem. Rather, concerned observers demand more funds while state and local legislators resist those entreaties in the face of political resistance and pressures to balance government budgets. Recognizing that indigent defense systems must operate in a world of limited resources, states should reduce the number of cases streaming into those systems by significantly curtailing the appointment of counsel in low-level …

Volume 31, Issue 2 (Fall 2007)

Transcript

No abstract provided.

Lawyer Deception To Uncover Wrongdoing, Lloyd B. Snyder

Law Faculty Articles and Essays

A Colorado district attorney used deception to get a man who had murdered three people and was threatening to kill again to surrender himself to the police. Following this, the Colorado Attorney Regulation Counsel charged the attorney with violating Rules 8.4(c) and 4.3 of the Colorado Rules of Professional Conduct. This article discusses the Rule 8.4(c) charge. Colorado and Ohio have identical provisions in their Codes of Professional Conduct on dishonesty and violations of professional conduct rules.

The Development Of Federal Professional Responsibility Rules: The Effect Of Institutional Choice On Rule Outcomes, Jason Mehta

Cardozo Public Law, Policy & Ethics Journal

The article examines the critical issue of institutional choice in drafting professional responsibility rules for attorneys, focusing on the implications of the Sarbanes-Oxley Act of 2002. It argues that understanding which institution—Congress, administrative agencies, federal courts, or self-regulatory bodies like the ABA—should draft these rules is essential for effective reforms. The analysis evaluates the strengths and weaknesses of each institution, emphasizing factors such as authority, expertise, and susceptibility to external influence. The article ultimately advocates for delegation to institutions with greater institutional competence, depending on the context, to ensure balanced and effective rulemaking.

Vol. 1, No. 2 (Fall 2007)

Indiana Law

No abstract provided.

Fall 2007

Alumni News

No abstract provided.

Why Practice Management?, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

Today, lawyers must regard the practice of law as a business, inasmuch as they earn their livelihood from the practice of law. The marketplace for legal services is a competitive one; not only has the size of the profession more than quadrupled in the past 50 years, but other professions and businesses have also begun to perform services traditionally restricted to lawyers. For example, accounting firms have encroached on tax litigation, banks in the trusts and estates area, and financial planners in estate planning. In a series of cases, the United States Supreme Court has made it clear that lawyers …

The Gender Trap: Flexible Work In Corporate Legal Practice, Margaret Thornton, Joanne Bagust

Osgoode Hall Law Journal

Despite the fact that women comprise well over 50 per cent of law graduates in many parts of the world, women lawyers continue to be clustered disproportionately in the lower echelons of the profession. This paper considers the role of flexible work as a gender equity strategy and is illuminated by interviews with lawyers in elite corporate firms in Australia. It is argued that far from being a panacea, flexible work is being invoked to confine women to subordinate roles and to restrict access to partnerships. Not only is there a residual suspicion of the feminine in positions of authority …

Kidsvoice: A Multidisciplinary Approach To Child Advocacy, Scott Hollander, Jonathan Budd

University of Michigan Journal of Law Reform

There is growing recognition that effective child advocacy requires a broad range of knowledge that often goes well beyond the legal needs of the child. This Essay details the multidisciplinary approach to child advocacy that KidsVoice, a Pittsburgh legal services organization representing almost 5000 dependent children each year, has implemented to better develop uniquely tailored recommendations regarding which placement and services might create better possibilities of success for each child and family.

More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb

Cardozo Law Review

No abstract provided.

The Advocate Vol. 12 No. 2

The Advocate

No abstract provided.

Vol. 5, No. 05 (September/October 2007)

Indiana Law Update

No abstract provided.

A Frank & Honest Talk: Aall’S Diversity Symposium Takes On Hard Questions Of Creating And Maintaining Diversity In The Legal Community, Lauren M. Collins

Law Faculty Articles and Essays

"Getting a Rise Out of Diversity: Celebrating the Challenge" took on hard questions of diversity, while keeping the spirit of New Orleans alive through celebration. With speakers who work to maintain diversity in legal practice and education every day, participants engaged in a lively discussion of what diversity actually is and how to create and sustain it.

Convocation On The Face Of The Profession: Judicial Institute On Professionalism In The Law, Stephen J. Friedman

Pace Law Review

No abstract provided.

Class Actions And The Poor, Henry Rose

The University of New Hampshire Law Review

[Excerpt] “Imagine that you are a legal aid lawyer in America whose services are funded by the Federal Legal Services Corporation (LSC). You interview a prospective client and learn that she was recently laid off from her job; she applied for and was denied Unemployment Insurance (UI) benefits by the state; and she is in a desperate financial situation. You accept the client’s case to determine whether she has a legal basis to challenge the denial of her UI claim. You research your client’s problem and form the opinion that the denial of her UI claim was based on a …

Reflections Of A Community Lawyer, Luz E. Herrera

Faculty Scholarship

In May 2002, I opened a law office in one of the most underserved communities in Los Angeles County. Many questioned the sanity of such a career path when evaluating my financial stability and the personal toll that such a career path can exact. Given that I graduated from some of the best universities in the country, my friends, family, and strangers were even more perplexed at my choice. I cannot say that my decision to build a law practice in Compton, California, has been easy. However, time and time again, I found myself rejecting more secure and prestigious job …

Vol. 5, No. 04 (July/August 2007)

Indiana Law Update

No abstract provided.

A How To Guide For Incorporating Global And Comparative Perspectives Into The Required Professional Responsibility Course, Laurel S. Terry

Faculty Scholarly Works

This article was written for an AALS symposium on "Teaching Legal Ethics" and discusses how to incorporate global and comparative perspectives into the required Professional Responsibility course. The scope of the paper is much broader, however. The first half of the paper explains why global and comparative perspectives are relevant to contemporary law practice. This section explains why global perspectives are relevants to clients and lawyers and explains why lawyer regulators now use a more global approach to regulation than previously. The second half illustrates how one can introduce global and comparative perspectives into a professional responsibility course without taking …

Moral Judgment And Professional Legitimation, W. Bradley Wendel

Cornell Law Faculty Publications

In this essay I would like to consider the nature of the role of lawyers from the point of view of both jurisprudence and the sociology of professions. From this perspective it is apparent that the judgment characteristic of lawyers' expertise is not primarily the exercise of ethical discretion. Rather, it is the application of legal norms, which may incorporate moral principles by reference, but which are analytically distinct from morality. The task of legal education, and specifically of legal ethics education, might include training lawyers to be better at making moral judgments. In fact, there has been a fairly …

School Is In Session For Summer Associates, Joyce Manna Janto

Law Faculty Publications

Law students who are starting summer associate positions often need a “reality check.”

Whether these aspiring lawyers are moving from the casual summer employment of their college days, or switching professional fields, they will have to understand and adapt to the culture of a law firm.

New summer associates need to understand the mores of their own firm and the locale’s legal culture, and master practical matters such as the firm’s billing system. Legal research that is “more or less accurate” is not accurate enough, and may be too costly, for a law firm’s clients.

Against Acting 'Humanely', Michael Goldberg

Mercer Law Review

Who could possibly be against acting 'humanely'?

I, for one, am willing to be charged with such an offense, for the charge is too broad. What precisely does it mean to act 'humanely'? Name some cases of exemplary individuals acting 'humanely' to give some kind of context for the charge; furnish some case histories that depict specific human beings who stand as virtual metaphors of 'humanity at its best.' I maintain such narratives as these are indispensable if our talk of acting 'humanely' is to have any real content. They provide the various contexts within which we can see what …

The Centrality Of Metaphor In Legal Analysis And Communication: An Introduction, David T. Ritchie

Mercer Law Review

Law, as a domain of human enterprise, is fundamentally discursive in nature. As such, understanding the elements of legal discourse, both analytical and communicative, is vital to understanding the nature of the enterprise. Metaphorical reasoning, and the communication of that reasoning, is one such element. Perhaps metaphor is one among many elements of legal discourse. In this view, metaphor theory would take its place alongside logic, narrative theory, rhetoric, and so on.

Vol. 5, No. 03 (May/June 2007)

Indiana Law Update

No abstract provided.