Legal Profession Commons^™

Transnational Legal Practice [In 2006-07], Laurel Terry, Carole Silver, Ellyn Rosen, Carol A. Needham, Robert E. Lutz, Peter D. Ehrenhaft

Faculty Scholarly Works

This article reviews developments in transnational legal practice during 2006 and 2007, including international developments, U.S. developments and regional developments in Australia and Europe. The primary focus of the international developments section is the WTO's General Agreement on Trade in Services (GATS). This article discusses GATS Track 1 Activities related to legal services, including the Legal Services Collective Requests and issues related to GATS Track 2 and the potential development of GATS disciplines. This section also surveys GATS-related initiatives of the American Bar Association and the International Bar Association and U.S. implementation of foreign lawyer multi-jurisdictional practice rules. In other …

Drawing The Ethical Line: Controversial Cases, Zealous Advocacy, And The Public Good: Foreword, Lonnie T. Brown

Scholarly Works

Are lawyers handling controversial matters justified in being myopically fixated upon achieving their client's or the state's objectives, whatever the costs? Or is there a point at which the interests of the system or perhaps even the public must take precedence, requiring that unbridled zeal and loyalty take a backseat? Such fascinating questions were skillfully examined during the 10th Annual Legal Ethics and Professionalism Symposium, "Drawing the Ethical Line: Controversial Cases, Zealous Advocacy, and the Public Good." The published remarks and the articles that follow provide a glimpse into the difficult ethical line-drawing that was engaged in by a distinguished …

What Interests Are Served When Academic Law Library Directors Are Tenured Law Faculty? An Analysis And Proposal, Spencer L. Simons

Journal of Legal Education

No abstract provided.

Book Review Of Juris Types: Learning Law Through Self-Understanding, Richard E. Redding

Journal of Legal Education

No abstract provided.

Personal Management Skills: Getting The Most Out Of Every Day, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

What are the personal management skills that lawyers need to possess (or develop, as the case may be), here is a short list: organization, time management, financial management, facility with technology, people skills, an ability to communicate, personal marketing skills and career skills. Although future columns will add flesh to the bones of these personal management skills, a skeletal overview may help to understand what this article is talking about.

To Mine Or Not To Mine: Recent Developments In The Legal Ethics Debate Regarding Metadata, Boris Reznikov

Washington Journal of Law, Technology & Arts

The American Bar Association recently decided that attorneys are not violating the Model Rules of Professional Conduct by reviewing opposing parties’ electronic documents for metadata. The stance taken by the American Bar Association contradicts views from ethics committees in other jurisdictions that have determined that lawyers who examine metadata are acting unethically. This Article summarizes the American Bar Association’s decision, as well as the other opinions on metadata, to help practicing attorneys understand the proper ethical considerations they must make when determining whether to look into an electronic document’s metadata.

In Memoriaum: Val Nolan Jr., Jd'49

Val Nolan Jr. (1976 Acting; 1980 Acting)

No abstract provided.

Vol. 6, No. 02 (May/June 2008)

Indiana Law Update

No abstract provided.

What's In A Name? A Gen Xer And Gen Yer Explore What It Means To Be Members Of Their Generations In The Workplace, Lauren M. Collins, Elizabeth A. Yates

Law Faculty Articles and Essays

In the NextGen Librarian's Survival Guide by Rachel Singer Gordon, the author cites several reasons this time is different than times before in librarianship. Those that are most relevant to law librarianship include:

• Flattening workplace hierarchies and participative management increase the input of newer librarians in workplace decision making

• New technologies require changing skills that affect attitudes toward the integration of those technologies into our daily work

• Outside pressures, such as the prevalence of the Internet, impose a need for librarians to continually prove our relevance and improve relations with younger patrons

• The much talked about …

Clark Memorandum: Spring 2008, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• On Being Ethical Lawyers (Sandra Day O'Connor)
• On the Wings of My Fathers (Larry Echo Hawk)
• The Relevance of Religious Freedom (Michael K. Young)
• A Walk by Faith (Elder Bruce C. Hafen)

Guiding Litigation: Applying Law To Facts In Germany, James Maxeiner

All Faculty Scholarship

"Judges should apply the law, not make it." That plea appears perennially in American politics. American legal scholars belittle it as a "simple-minded demand" that is "silly and misleading. It is not; it is what the public rightly expects from law. H.L.A. Hart, reminded U.S. jurists that "conventional legal thought in all countries conceives as the standard judicial function: the impartial application of determinant existing rules in the settlement of disputes."

This essay discusses the German method of judicial applying of law to facts. called, in German, the "Relationstechnik," that is, in English, literally "relationship technique." This essay shows how …

Volume 32, Issue 1 (Spring 2008)

Transcript

No abstract provided.

Spring 2008

Alumni News

No abstract provided.

Nolan, Val Jr.

Val Nolan Jr. (1976 Acting; 1980 Acting)

No abstract provided.

Answering Now What? How To Find And Interview For Your First Law Library Job, Nathan A. Preuss, Katherine Marsh

Scholarly Works

No abstract provided.

Student Stories, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

An Appreciation Of Marc Galanter's Scholarship, John M. Lande

Faculty Publications

This brief essay highlights three of Marc Galanter's works to illustrate qualities that seem especially worth emulating. Galanter's classic article, Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change, focuses on how the legal system actually operates in daily life and challenges a conventional wisdom that simply providing have-nots with more lawyers would substantially reduce inequality. The article is particularly relevant to the dispute resolution field, focusing on the vast majority of legally-oriented behavior that occurs outside of court. It distinguishes truly private dispute resolution (such as self-help, withdrawal from relationships, and intra-group processes) from settlement …

Failed Lawyers And The Sources Of Satire, Charles M. Yablon

Articles

Most of those reading this Essay have ample reason to appreciate the benefits of a good legal education. There is pride in becoming a member of an ancient and learned profession, intellectual challenge in wrestling with complex questions of equity, power and social justice, and satisfaction in the sense of superiority you feel towards your loser friends who did not get into a decent law school.

Memo To Lawyers: How Not To Retire And Teach, Jeffrey M. Lipshaw

North Carolina Central Law Review

No abstract provided.

Law, Biology Professor Val Nolan Dies

Val Nolan Jr. (1976 Acting; 1980 Acting)

No abstract provided.

The Paradox Of Legal Expertise: A Study Of Experts And Novices Reading The Law, Leah M. Christensen

Brigham Young University Education and Law Journal

No abstract provided.

Vol. 6, No. 01 (March/April 2008)

Indiana Law Update

No abstract provided.

Securitization And Its Discontents: The Dynamics Of Financial Product Development, Kenneth C. Kettering

Cardozo Law Review

This paper takes as its point of departure the financing technique referred to as "securitization," a close cousin of secured lending that has grown to enormous size since its origin more than two decades ago. The paper pursues two themes. One is a critique of the legal foundations of securitization, which includes a perspective on aspects of fraudulent transfer law that are well established historically but have been neglected in recent decades. The other is exploration of the implications of this product growing so vast despite its dubious legal foundations. In that regard, the paper explores two points of legal …

Legal Education In North Carolina: A Report For Potential Students, Lawmakers, And The Public, William D. Henderson, Andrew P. Morriss

Articles by Maurer Faculty

No abstract provided.

Red Light, Green Light: Assessing The Stop And Go In The Advancement Of Women In The Legal And Business Sectors, Megan Erb

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

The purpose of this note is to identify the problems professional women have in building a career while caring for a family, and to provide the basis for creating a solution. Part I of this note addresses the various types of problems that force women out of the workplace, as well as the difficulties women have in reentering the job market. Part II of this note compares the alternative work schedules offered in the legal and business communities. Part III focuses on the success the business firms have had, with the help of business schools, in finding a practical solution …

More Than Just Law School: Global Perspectives On The Place Of The Practical In Legal Education, James Maxeiner

All Faculty Scholarship

Foreign experiences remind us that legal education is not just law school. They inform us that we should seek for ways not just to integrate theoretical and practical teaching, but to assure that our students or our graduates get real experience with practice. The assumption that law schools are the exclusive place for preparation for the profession of law is bad for students, bad for bar, bad for law schools, bad for the legal system and bad for society. We should look to see what we can do best and should encourage other institutions to do what they can do …

In Memoriam: Val Nolan, Jr., 1920-2008, Ken Yasukawa

Val Nolan Jr. (1976 Acting; 1980 Acting)

No abstract provided.

Pro Bono Publico: The Growing Need For Expert Aid, Hannah J. Wiseman

Scholarly Publications

No abstract provided.

Volume 75

Tennessee Law Review

No abstract provided.

The Future Regulation Of The Legal Profession: The Impact Of Treating The Legal Profession As Service Providers, Laurel Terry

Faculty Scholarly Works

In the past fifty years, one has heard debates about whether law is a business, a profession, or both, what these terms mean and whether it matters. Regardless of what one thinks about these debates, there is a new paradigm that must be added to the mix, which is the paradigm of lawyers as "service providers." In the "service providers" paradigm, the legal profession is not viewed as a separate, unique profession entitled to its own individual regulations, but is included in a broader group of "service providers," all of whom can be regulated together. This new paradigm represents a …