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Legal Profession Commons

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2008

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Articles 91 - 120 of 159

Full-Text Articles in Legal Profession

The Elastic Tournament: The Second Transformation Of The Big Law Firm, William D. Henderson, Marc Galanter Jan 2008

The Elastic Tournament: The Second Transformation Of The Big Law Firm, William D. Henderson, Marc Galanter

Articles by Maurer Faculty

In 1991, Galanter and Palay published 'Tournament of Lawyers: The Transformation of the Big Law Firm', which documented the regular and relentless growth of large U.S. law firms. The book advanced several structural and historical factors to explain these patterns, centering on the adoption of the promotion-to-partnership tournament. Systemic changes in the marketplace for corporate legal services in the intervening years suggest the need for an updated account of the modern large law firm. Using 'Tournament of Lawyers' as a starting point, we propose to fill this void in the literature. Marching through a wide array of empirical evidence covering …


The New Journal: A Supplement Not Undertaken Hitherto, Douglas A. Hass Jan 2008

The New Journal: A Supplement Not Undertaken Hitherto, Douglas A. Hass

Indiana Law Journal

No abstract provided.


The Legal Profession: From The Revolution To The Civil War, Alfred S. Konefsky Jan 2008

The Legal Profession: From The Revolution To The Civil War, Alfred S. Konefsky

Contributions to Books

Published as Chapter 3 in The Cambridge History of Law in America, Volume II, The Long Nineteenth Century (1789–1920), Michael Grossberg & Christopher Tomlins, eds.

The American legal profession matured and came to prominence during the century prior to the Civil War. Before the Revolution, across some 150 years, lawyers in different colonies underwent different experiences at different times. By the beginning of the eighteenth century, more lawyers were entering professional life. After the revolution and the defection by the Tory lawyers, the remaining quickly burnished their images in the glow of republican ideals while grasping new market opportunities. For …


Building A Law Firm Library, Joyce Manna Janto Jan 2008

Building A Law Firm Library, Joyce Manna Janto

Law Faculty Publications

Opening a law practice is a daunting task. Renting space, equipping an office, and hiring staff are obvious first steps.But what about assembling a library?


Was It Good For You Too? Conversation Analysis Of Two Interviews, Linda F. Smith Jan 2008

Was It Good For You Too? Conversation Analysis Of Two Interviews, Linda F. Smith

Kentucky Law Journal

No abstract provided.


A Response: Why William Nelson’S Analysis Of The Law Department 1946–1965 Is Wrong, Paul A. Crotty Jan 2008

A Response: Why William Nelson’S Analysis Of The Law Department 1946–1965 Is Wrong, Paul A. Crotty

NYLS Law Review

No abstract provided.


Effects Of Reputation On The Legal Profession, Fred C. Zacharias Jan 2008

Effects Of Reputation On The Legal Profession, Fred C. Zacharias

Washington and Lee Law Review

This Article considers how the reputation of lawyers and signaling between lawyers and clients affects the impact of legal ethics rules. Academics who have written about the relationships between lawyers and clients have not adequately considered the influence of reputational signaling on who clients hire and on lawyers' implementation of discretion. These empirical issues are key to a proper analysis of many professional rules and to the approach bar associations should take to matching lawyers and clients. The Article will focus primarily on lawyers' reputations as a proxy for what clients want, or need, to know about their representatives. Part …


Will The Law Society Of Alberta Celebrate Its Bicentenary?, Harry W. Arthurs Jan 2008

Will The Law Society Of Alberta Celebrate Its Bicentenary?, Harry W. Arthurs

Articles & Book Chapters

External changes - in demography and economy, in the domestic and global organization of power - are transforming the knowledge base of Canada's legal profession, the relations amongst lawyers and between lawyers and their "relevant others, " and indeed the very notion oflegal professionalism. This article explores the implication of these changes for the future of the profession 's governing bodies.


Sim City: Teaching “Thinking Like A Lawyer” In Simulation-Based Clinical Courses, Kris Franklin Jan 2008

Sim City: Teaching “Thinking Like A Lawyer” In Simulation-Based Clinical Courses, Kris Franklin

NYLS Law Review

No abstract provided.


Institutional Reform Litigation, Leonard Koerner Jan 2008

Institutional Reform Litigation, Leonard Koerner

NYLS Law Review

No abstract provided.


Fighting For The City In Context: William Nelson And The Legal History Of New York, William P. Lapiana Jan 2008

Fighting For The City In Context: William Nelson And The Legal History Of New York, William P. Lapiana

NYLS Law Review

No abstract provided.


Matchmaker, Matchmaker, Find Me The Perfect (Decanal) Match, 31 Seattle U. L. Rev. 799 (2008), William B.T. Mock Jan 2008

Matchmaker, Matchmaker, Find Me The Perfect (Decanal) Match, 31 Seattle U. L. Rev. 799 (2008), William B.T. Mock

UIC Law Open Access Faculty Scholarship

No abstract provided.


True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies Jan 2008

True Believers At Law: National Security Agendas, The Regulation Of Lawyers, And The Separation Of Powers, Peter Margulies

Law Faculty Scholarship

Ideological agendas distort the deliberation required for sound legal advice about national security. Elite government lawyers after September 11 advanced a theory at the expense of context, labeling legal constraints as "lawfare" against American interests. The lawfare critics failed to recognize that legal constraints can empower decision makers by reinforcing reputational and other long-term values. They also failed their history test, ignoring the lessons of presidents from Jefferson to Kennedy who rejected a rigid adherence to ideology in the national security realm. By discounting context, the construction of the lawfare paradigm produced dire results, including the torture memos drafted by …


Walking The Path Of The Law: How Law Graduates Navigate Career Choices And Tolerate Jobs That Fail To Meet Expectations, Deborah J. Cantrell, Elizabeth Levy Paluck, Heather Lord, April Smith Jan 2008

Walking The Path Of The Law: How Law Graduates Navigate Career Choices And Tolerate Jobs That Fail To Meet Expectations, Deborah J. Cantrell, Elizabeth Levy Paluck, Heather Lord, April Smith

Cardozo Journal of Equal Rights & Social Justice

The article presents a longitudinal study of Yale Law School graduates from 1970 to 1999, analyzing their career paths, job satisfaction, and gender differences in professional experiences. It highlights the prevalence of career transitions, with many graduates moving from private practice to academia, government, or public interest roles. The study reveals significant gender disparities in job satisfaction and work-life balance, while challenging common assumptions about legal careers, such as the notion that women abandon private practice more frequently than men. The analysis underscores the importance of understanding career dynamics to improve support systems for law graduates.


Encouraging Physician-Attorney Collaboration Through More Explicit Professional Standards, Linda Morton, Howard Taras, Vivian Reznik Jan 2008

Encouraging Physician-Attorney Collaboration Through More Explicit Professional Standards, Linda Morton, Howard Taras, Vivian Reznik

Faculty Scholarship

In this age of multi-layered global problem solving, the skill of working with other disciplines is a necessary tool for any professional. Societal ills can no longer be solved by narrow approaches learned in graduate training but call for interdisciplinary collaboration. Effective collaboration of this nature requires the professions to understand the differences in professional cultures and to bridge the communication gap caused by these differences.

Legal and medical training offer useful, but often conflicting, approaches to problem solving, thus, potentially impeding our abilities to understand and communicate with others regarding a shared issue or problem.

Though each profession has …


In The Public Interest': The Responsibilities And Rights Of Government Lawyers, Allan C. Hutchinson Jan 2008

In The Public Interest': The Responsibilities And Rights Of Government Lawyers, Allan C. Hutchinson

Osgoode Hall Law Journal

While considerable thought and effort have been put into exploring and fixing the ethical rights and professional responsibilities of private Lawyers, little energy has been directed towards defining and defending the role and duties of government lawyers. As a result, the traditional understanding seems to be that government lawyers are to consider themselves as being under the same regimen and restrictions as their private counterparts. After criticizing this default approach, the article offers a fresh evaluation of what is different about the role of government lawyers and develops a more appropriate model for thinking about their professional responsibilities and ethical …


The Public Interest, Professionalism, And Pro Bono Publico, Lorne Sossin Jan 2008

The Public Interest, Professionalism, And Pro Bono Publico, Lorne Sossin

Osgoode Hall Law Journal

There is a clear public interest benefit for lawyers to ensure access to the rule of law, especially on the part of the vulnerable. This article seeks to show that the seemingly simple relationship between the legal profession and the public interest is in fact more complicated than it looks. Pro bono may be viewed from two perspectives-that of the lawyer and that of the client. From the perspective of the lawyer, the important question is whether there is ethical motivation to engage in pro bono. If, however, the perspective of the client is paramount, then meeting the client's needs …


Does Civility Matter?, Alice Woolley Jan 2008

Does Civility Matter?, Alice Woolley

Osgoode Hall Law Journal

Recent discussion of legal ethics in Canada has focused on the importance of "civility" as a fundamental value and goal of ethical conduct. This comment questions that focus. After defining the content of "civility' and reviewing its treatment in these initiatives by both the law societies and the courts, the author suggests that the emphasis on civility is misplaced. Focusing on civility has the undesirable tendency to impede lawyer reporting of misconduct by other lawyers and potentially undermines the effective representation of client interests. It also shifts emphasis away from the ethical values that should be the focus of our …


Walking The Path Of The Law: How Law Graduates Navigate Career Choices And Tolerate Jobs That Fail To Meet Expectations, Deborah J. Cantrell, Elizabeth Levy Paluck, Heather Lord, April Smith Jan 2008

Walking The Path Of The Law: How Law Graduates Navigate Career Choices And Tolerate Jobs That Fail To Meet Expectations, Deborah J. Cantrell, Elizabeth Levy Paluck, Heather Lord, April Smith

Publications

If one talks to law students about the their career expectations, one is likely to hear a common story: when the student graduates, she plans to go into private practice, or possibly take a government job, or even less probably, take a public interest job. The students think their initial choices of legal jobs set them on a career trajectory that is fairly immutable. However, the students' beliefs may not be based on actual information about how lawyers choose their career paths.

This empirical study of 2800 lawyers who graduated from law school between 1970 and 1999 analyzes whether lawyers …


Diversity Matters: Aba Lpm Section Addresses Firm Management's Role, Joan R. M. Bullock Jan 2008

Diversity Matters: Aba Lpm Section Addresses Firm Management's Role, Joan R. M. Bullock

Journal Publications

Law firms must address the individual perceptions of their attorneys with respect to diversity issues so that everyone's contributions to the firm's mission and bottom line are acknowledged and valued.


The Evolving Regulation Of The Legal Profession: The Costs Of Indeterminacy And Certainty, Irma S. Russell Jan 2008

The Evolving Regulation Of The Legal Profession: The Costs Of Indeterminacy And Certainty, Irma S. Russell

Faculty Works

This Article examines the incentive systems of the common law and modern rules of lawyer discipline, which combine to form a dual system of lawyer regulation in this country. The Article considers discontinuities between this dual system of regulation created by the common law, which influenced the 1908 Canons of Professional Ethics, and the current disciplinary rules, presented by the Model Rules of Professional Conduct. While the Model Rules form the basis of lawyer discipline in most states, the approach presented in the Canons continues to have force because the common law applies to lawyers through contract and tort law. …


Pressures Toward Mediocrity In The Representation Of Children, Barbara Glesner Fines Jan 2008

Pressures Toward Mediocrity In The Representation Of Children, Barbara Glesner Fines

Faculty Works

When children are the subject of dependency, adoption or guardianship proceedings, protecting those children requires attention to a variety of interests. Children need a voice: an advisor and an advocate whose judgment is unclouded by conflicting interests. Courts need information that the adult parties to the proceedings may not easily discover or willingly provide. The families and social services agencies need monitors and mediators. The attorney guardian ad litem (GAL) is, in many situations, called upon to meet all these needs. During the past decade, major academic conferences and professional organizations have devoted thousands of hours to developing standards of …


Fundamental Principles And Challenges Of Humanizing Legal Education, Barbara Glesner Fines Jan 2008

Fundamental Principles And Challenges Of Humanizing Legal Education, Barbara Glesner Fines

Faculty Works

No abstract provided.


Franklin D. Roosevelt, Commander In Chief, Elizabeth L. Hillman Jan 2008

Franklin D. Roosevelt, Commander In Chief, Elizabeth L. Hillman

Cardozo Law Review

No abstract provided.


In Re Cardinal Health, Inc. Securities Litigation, Lucas T. Charleston Jan 2008

In Re Cardinal Health, Inc. Securities Litigation, Lucas T. Charleston

NYLS Law Review

No abstract provided.


Introduction, Ross Sandler Jan 2008

Introduction, Ross Sandler

NYLS Law Review

No abstract provided.


Reflections On The New York City Law Department, Edward I. Koch Jan 2008

Reflections On The New York City Law Department, Edward I. Koch

NYLS Law Review

No abstract provided.


Lawyers For Government Have Unique Responsibilities And Opportunities To Influence Public Policy, Frederick A.O. Schwarz Jr. Jan 2008

Lawyers For Government Have Unique Responsibilities And Opportunities To Influence Public Policy, Frederick A.O. Schwarz Jr.

NYLS Law Review

No abstract provided.


Reflections On My Years As Corporation Counsel, Peter L. Zimroth Jan 2008

Reflections On My Years As Corporation Counsel, Peter L. Zimroth

NYLS Law Review

No abstract provided.


The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty Jan 2008

The Giuliani Years: Corporation Counsel 1994–1997, Paul A. Crotty

NYLS Law Review

No abstract provided.