Legal Profession Commons^™

Mind, Metaphor, Law, Mark L. Johnson

Mercer Law Review

Change, as John Dewey observed, is a basic fact of human experience. We are temporal creatures, and the situations we find ourselves in, the situations that make up the fabric of our lives, are always evolving and developing. The omnipresence of change throughout all human experience thus creates a fundamental problem for law, namely, how can law preserve its integrity over time, while managing to address the newly emerging circumstances that continually arise throughout our history? If, following one extreme, we think of law as fixed, static, and univocal in its content, then law runs the risk of losing its …

Re-Embodying Law, Steven L. Winter

Mercer Law Review

It was fun to watch the audience of mostly first-year students during Mark Johnson's presentation. Seven weeks into their first semester of law school, this was clearly the most fun they had had so far. And it was easy to see why: law school takes place "from the neck up," so to speak. It is so relentlessly about reason abstracted from the ordinary interests, passions, and other embodied considerations of everyday (not to mention college) life. This deracination of law is ritualized metaphorically in the black robes that enshroud our judges' bodies as if to say, "See, it is all …

Question And Answer Period Of Symposium Participants

Mercer Law Review

No abstract provided.

Surfing The Next Wave Of Outsourcing: The Ethics Of Sending Domestic Legal Work To Foreign Countries Under New York City Opinion 2006-3, Keith Woffinden

BYU Law Review

No abstract provided.

Outsourcing And The Globalizing Legal Profession, Jayanth K. Krishnan

William & Mary Law Review

The issue of outsourcing jobs abroad stirs great emotion among Americans. Economic free-traders fiercely defend outsourcing as a positive for the U.S. economy, while critics contend that corporate desire for low wages, alone, drives this practice. In this study Professor Krishnan focuses on a specific type of outsourcing, one which has received scant scholarly attention to date-legal outsourcing. Indeed, because the work is often paralegal in nature, many see the outsourcing of legal jobs overseas as no different from other types of outsourcing. But by using case studies of both the United States and India, the latter of which is …

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

The Clark Memorandum

• Learning from Our Conflicts (Gerald R. Williams)
• Aligning Our Ethical Compass (Deborah L. Rhode)
• Balancing Family, Church, and Profession (Annette W. Jarvis, Brent J. Belnap, Keith K. Hilbig, Marcus B. Nash, Steven E. Snow)
• The House that Rex Built (Dee v. Benson)

Volume 31, Issue 1 (Spring 2007)

Transcript

No abstract provided.

The Ethical Mine Field: Corporate Internal Investigations And Individual Assertions Of The Attorney-Client Privilege, Lawton P. Cummings

West Virginia Law Review

No abstract provided.

Nebraska Transcript (University Of Nebraska College Of Law), Volume 40, Number 1, Spring 2007

Nebraska Transcript

Transcript, 'Dean Grether's Child; Designed to Keep Alumni Informed

Nebraska TRANSCRIPT: Looking Back Over 40 Years of Chronicling Law College's Distinguished History

lL: David Clausing, Class of 2008, Traverses Peaks & Cliffs of Law School's First Year; It's Like 'Juggling Fire'

Justice Ginsburg: 'Independent Judiciary Essential to Rule of Law'

Judge Tacha Reflects on Changes, Challenges Impacting Federal Courts

Pound Lecturer, Waldron, Addresses Trade-Offs Between Liberty, Security

The Great Commoner: Symposium Contemplates Controversial Modern Legacy of Nebraska Lawyer William Jennings Bryan

Congratulations Class of 2006!

Family Tradition Ceremony: Seven Graduates, Family Members Honored

Law Student Mabrey Works in India To …

Judging Magic: Can You See The Sleight Of Hand?, Rebecca Johnson

Michigan Law Review

Cultural critic bell hooks says, "Movies make magic. They change things. They take the real and make it into something else right before our very eyes." Movies do not, of course, have an exclusive hold on this ability to change one thing into something else. Law, too, possesses this power. Certainly, one must acknowledge some significant differences in the "magic" of filmic and legal texts. For the most part, as willing consumers of cultural products, we "choose" to subject ourselves to the magic of film. We sit in a darkened theater and let ourselves be taken away to a different …

Judging Judges And Dispute Resolution Processes, John M. Lande

Faculty Publications

This article critiques Professor Chris Guthrie's lead symposium article entitled, "Misjudging." Guthrie's article makes two major arguments. The first is a descriptive, empirical argument that judges are prone to error because of three types of "blinders" and that people underestimate the amount of such judicial error. The second argument is prescriptive, recommending that, because of these judicial blinders, disputants should consider using non-judicial dispute resolution processes generally, and particularly facilitative mediation and arbitration.This article critiques both arguments. It notes that, although Guthrie presents evidence that judges do make the kinds of errors that he describes, his article does not address …

Vol. 1, No. 1 (Spring 2007)

Indiana Law

No abstract provided.

Spring 2007

Alumni News

No abstract provided.

Tending The Bar: The "Good Character" Requirement For Law Society Admission, Alice Woolley

Dalhousie Law Journal

Every Canadian law society requires thatapplicants for bar admission be of "good character" The author assesses the administration of this requirement and its statedpurposes ofensuring ethical conductby lawyers, protecting the public and maintaining the profession's reputation. In particular, the premise underlying the use of the good character requirement to fulfill those purposes - that character is the "well-spring of professional conduct in lawyers" - is subjected to critical examination through the theoretical principles of Artistotelian virtue ethics and the empirical evidence of social psychology. The primary thesis of this paper is that as currently justified, administered and applied the good …

Experience Matters: The Rise Of A Supreme Court Bar And Its Effect On Certiorari, Joseph W. Swanson

The Journal of Appellate Practice and Process

No abstract provided.

Challenges And Guidance For Lawyering In A Global Society, Susan Saab Fortney

Faculty Scholarship

This foreword provides an overview of some key aspects of law practice that have changed over the last thirty years. Advancements in technology that allow communication and interaction across borders have facilitated lawyers in globalizing their practice locality. Consequently, new issues regarding comparative ethics have arisen. This foreword suggests that ethics rules have not kept pace with the changing landscape of law practice and uses current standards for advanced waivers, rules relating to contracts with represented and unrepresented persons, and the proper use of ethics rules in civil litigation to illustrate this point. This foreword raises concern over the erosion …

Capital Defense Lawyers: The Good, The Bad, And The Ugly, Sean D. O'Brien

Michigan Law Review

Professor Welsh S. White's book Litigating in the Shadow of Death: Defense Attorneys in Capital Cases collects the compelling stories of "a new band of dedicated lawyers" that has "vigorously represented capital defendants, seeking to prevent their executions" (p.3). Sadly, Professor White passed away on New Year's Eve, 2005, days before the release of his final work. To the well-deserved accolades of Professor White that were recently published in the Ohio State Journal of Criminal Law, I can only add a poignant comment in a student blog that captures his excellence as a scholar and educator: "I wanted to …

Young Associates In Trouble, William D. Henderson, David Zaring

Michigan Law Review

Large law firms have reputations as being tough places to work, and the larger the firm, the tougher the firm. Yet, notwithstanding the grueling hours and the shrinking prospects of partnership, these firms perennially attract a large proportion of the nation's top law school graduates. These young lawyers could go anywhere but choose to work at large firms. Why do they do so if law firms are as inhospitable as their reputations suggest? Two recent novels about the lives of young associates in large, prestigious law firms suggest that such a rational calculation misapprehends the costs. Law professor Kermit Roosevelt's …

The Bureaucratic Court, Benjamin C. Mizer

Michigan Law Review

In August 2006, the New York Times caused a stir by reporting that the number of female law clerks at the United States Supreme Court has fallen sharply in the first full Term in which Justice Sandra Day O'Connor is no longer on the bench. In an era in which nearly fifty percent of all law school graduates are women, the Times reported, less than twenty percent of the clerks in the Court's 2006 Term - seven of thirty-seven - are women. In interviews, Justices Souter and Breyer viewed the sharp drop in the number of female clerks as an …

Forming The Human Person: Can The Seminary Model Save The Legal Profession?, Stephen M. Siptroth

Brigham Young University Education and Law Journal

No abstract provided.

Vol. 5, No. 02 (March/April 2007)

Indiana Law Update

No abstract provided.

Lawyers And Prophetic Justice, Timothy Floyd

Mercer Law Review

The statue of Lady Justice, a blindfold over her eyes, holding scales in one hand and a sword in the other, is our traditional visual image of justice. The scales convey the idea of neutrality and the weighing of competing interests; they emphasize rationality and the application of neutral principles in decision making. The blindfold emphasizes equality before the law, that the law is dispassionate and objective, and that decision making is untainted by bias. The statue also implies the stability and permanence of the justice system.

In my experience with lawyers, justice is not a regular topic in our …

A Lawyer's Lament: Law Schools And The "Profession" Of Law, Wayne S. Hyatt

Vanderbilt Law Review

Back in the mid-eighties, I offered a first year, second semester "un-elective" called American Legal Theory and American Legal Education. It scrunched together two history courses I had taught irregularly before. I liked the way the two topics fit together and still do, but with so many recalcitrant law students enrolled in it, the course was an unmitigated disaster. As is always the case with such attempts at offering perspective, amidst the shambles I had acquired at least a few devoted students. At the end of the last class one of them came up to the front to ask a …

Client Confidentiality, Professional Privilege And Online Communication: Potential Implications Of The Barton Decision, Kelcey Nichols

Washington Journal of Law, Technology & Arts

In a recent case of first impression, Barton v. U.S. District Court for the Central District of California, the U.S. Court of Appeals for the Ninth Circuit held that an online communication involving an online intake form filled out by prospective clients gave rise to an attorney-client relationship governed by the duty of confidentiality and subject to attorney-client-privilege. The Ninth Circuit’s multi-factored analysis suggests a modified framework for evaluating when the duty of confidentiality and attorney-client relationship can be formed through online communications. This Article discusses Barton’s implications for attorneys and law firms that communicate with clients and …

Surfing Past The Pall Of Orthodoxy: Why The First Amendment Virtually Guarantees Online Law School Graduates Will Breach The Aba Accreditation Barrier, Nicholas C. Dranias

ExpressO

The impact of the constitutional dilemma created by the ABA’s aversion to Internet schooling is widespread. Currently, 18 states and 2 U.S. territories restrict bar exam eligibility to graduates of ABA-accredited law schools. Additionally, 29 states and 1 U.S. territory restrict admission to practice on motion to graduates of ABA-accredited law schools.

Although numerous lawsuits have been filed in ultimately failed efforts to strike down bar admission rules that restrict eligibility to graduates of ABA-accredited law schools, none has challenged the ABA-accreditation requirement based on the First Amendment’s prohibition on media discrimination. This Article makes that case.

Despite accelerating technological …

2007-08 Marked By Historic Gifts, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Historic $35 Million Gift Supports Student Scholarships

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

The Power And Promise Of Transformative Philanthropy, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

Scholarship And Teaching After 175 Years, Gordon A. Christenson

Faculty Articles and Other Publications

A quarter century ago, I presided at the 150th anniversary celebration of the founding of the Cincinnati Law School. Newly appointed Justice Sandra Day O'Connor came to dedicate the radically refurbished Taft Hall in the spring of 1983 and to say good things about our long history. This year we begin to celebrate the College's 175th anniversary. For its dedicatory issue, the editor-in-chief of the Law Review, Matthew Singer, invited me to write an introduction as well as to reflect on those twenty-five years and the challenges and opportunities I see ahead for us. Especially as an emeritus dean and …

Mining The Web For Law Related Jobs In Intellectual Property In The United States, Jon R. Cavicchi

Law Faculty Scholarship

Intellectual property law has remained the hottest practice group for over a decade; it is one of the fastest-growing and most exciting fields today. The trend was clearly recognized as early as 1995 in an article Lesley Ellen Harris. 2 As far back as 1997, according to The National Law Journal, IP has been reported to be the most highly compensated segment of the legal profession for both trial and non-trial attorneys. 3 This article examines the process of finding IP jobs on the web.