Legal Profession Commons^™

A Restatement Of Contracts, Cree-L Kofford

Vol. 2: Service & Integrity

This address was given at the J. Reuben Clark Law Society Conference at Georgetown University in Washington, D.C., on February 17, 2006.

The Essence Of Lawyering In An Atmosphere Of Faith, Kevin J. Worthen

Vol. 2: Service & Integrity

This address was given to entering law students at BYU Law School on August 18, 2004.

Peacemaking: Our Essential Work In The Last Days, Chieko N. Okazaki

Vol. 2: Service & Integrity

This address was given at the J. Reuben Clark Law Society Conference at Pepperdine University in Malibu, California, on February 16, 2007.

Packing Your Briefcase, Deanell Reece Tacha

Vol. 2: Service & Integrity

This J. Reuben Clark Law School convocation address was given at the Provo Tabernacle on April 27, 2007.

And With All Thy Mind, John W. Welch

Vol. 2: Service & Integrity

This devotional address was given to the BYU student body on September 30, 2003.

Lawyers And The Rule Of Law, James D. Gordon Iii

Vol. 2: Service & Integrity

This address was given to entering law students at BYU Law School on August 20, 2008.

How Do We Practice Our Religion While We Practice?, Thomas B. Griffith

Vol. 2: Service & Integrity

This address was given to the Salt Lake Chapter of the J. Reuben Clark Law Society at the Joseph Smith Memorial Building in Salt Lake City on November 19, 2003.

Conflict Of Interest And Disqualification In The Federal Courts: Suggestions For Reform, Arthur D. Hellman

Testimony

Although federal judges do not run for election, over the last three decades the process of nomination and confirmation has become politicized to a disturbing degree. There is a real danger that the judges will come to be perceived not as dispassionate servants of the law but as political actors who pursue political or ideological agendas. One consequence of these developments is likely to be increased scrutiny of judges’ responses to motions to recuse. Here as in other aspects of the operations of the judiciary, “just trust us” is no longer sufficient.

Two provisions of Title 28 of the United …

Characteristics Of A Mature Legal Writing Program, E. Joan Blum

E. Joan Blum

As a legal writing programs matures, a culture of collaboration can foster innovation and excellence more effectively than a director-led program.

Characteristics Of A Mature Legal Writing Program, Elisabeth Keller

Elisabeth Keller

As a legal writing program matures, a culture of collaboration can foster innovation and excellence more effectively than a director-led program.

Penalizing Poverty: Making Criminal Defendants Pay For Their Court-Appointed Counsel Through Recoupment And Contribution, Helen A. Anderson

University of Michigan Journal of Law Reform

Over thirty years ago the United States Supreme Court upheld an Oregon statute that allowed sentencing courts, with a number of important procedural safeguards, to impose on indigent criminal defendants the obligation to repay the cost of their court appointed attorneys. The practice of ordering recoupment or contribution (application fees or co-pays) of public defender attorney's fees is widespread, although collection rates are unsurprisingly low. Developments since the Court's decision in Fuller v. Oregon show that not only is recoupment not cost-effective, but it too easily becomes an aspect of punishment, rather than legitimate cost recovery. In a number of …

Case Study On An Investigation Of Information Security Management Among Law Firms, Sameera Mubarak, Elena Sitnikova

Australian Information Security Management Conference

The integrity of lawyers trust accounts as come under scrutiny in the last few years. There have been many incidents of trust account fraud reported internationally, including a case in Australia, where an employee of a law firm stole $4,500,000 from the trust funds of forty-two clients. Our study involved interviewing principles of ten law companies to find out solicitors’ attitudes to computer security and the possibility of breaches of their trust accounts. An overall finding highlights that law firms were not current with technology to combat computer crime, and inadequate access control was a major concern in safeguarding account …

Commercial Speech, "Irrational" Clients, And The Persistence Of Bans On Subjective Lawyer Advertising, Nat Stern

BYU Law Review

No abstract provided.

Partnership Derivative Suits: Jennings V. Kay Jennings Ltd. P'Ship, Patricia Collins Mccullagh

University of Richmond Law Review

No abstract provided.

Clark Memorandum: Fall 2009, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Latter-day Saint Lawyers and the Public Square (Elder Quentin L. Cook)
• Originalist Roots of Substantive Due Process (Frederick Mark Gedicks)
• The Triumph of the Atonement (Elder Earl C. Tingey)
• The Heart of Lawyering (Kristin B. Gerdy)

Justice Frankfurter, Books, And The Law, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.

Volume 33, Issue 2 (Fall 2009)

Transcript

No abstract provided.

A Look Backwards: An Open Letter To The Arkansas Bar, Phillip Carroll

University of Arkansas at Little Rock Law Review

No abstract provided.

Taking Empirical Research Seriously, Susan Saab Fortney

Faculty Scholarship

This essay considers how empirical research on the legal profession can bridge the divide between theory, social science, and the ethical practice of law. After providing background information on the growing field of empirical legal research, Part I of this essay focuses on developments in empirical legal research on lawyering. Part II discusses how collaboration with practitioners and other stakeholders can help researchers address challenges related to accessing data. Once data are obtained, Part III suggests how dissemination and sharing of research can link the academy and practicing lawyers. The conclusion urges a collaborative course of action for legal ethics …

The Advocate

The Advocate

No abstract provided.

Law School Officially 'Maurer', Peter Stevenson

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.

The Salience Of Gender In The Choice Of Law Careers In The Public Interest, Cynthia Fuchs Epstein, Hella Winston

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.

Maybe Mom And Dad Were Right: Musings On The Economic Downturn, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This issue of the Journal takes a look at the legal profession as it confronts the most serious economic downturn since the Great Depression, but the focus is not on what went wrong, or why. The articles in this issue examine how lawyers and law firms can survive, and thrive again when the economy improves.

Putting Best Practices Into Practice: Implementing Change One Step At A Time, Lisa Radtke Bliss

Faculty Publications By Year

No abstract provided.

Deference To Clients And Obedience To Law: The Ethics Of The Torture Lawyers (A Response To Professor Hatfield), W. Bradley Wendel

NULR Online

In the early months of the Obama administration, we are learning a great deal more about the previous administration’s program of using “enhanced interrogation techniques” on alleged al-Qaeda detainees. On April 16, 2009, the new administration released to the public several memos, prepared by lawyers at the Office of Legal Counsel (“OLC”) in the administration of George W. Bush, dealing with certain legal aspects of whether detainees in U.S. custody could lawfully be subjected to torture. I and many others have criticized the quality of legal reasoning in previously disclosed memos, and it is now conventional wisdom that something went …

Overview Of Key Defenses In A Section 11 Claim Against An Auditor

Maureen Van Neste

No abstract provided.

Assessing Substance Abuse And Mental Health Among Lawyers, Susan Grover, Mark R. Voss

Popular Media

No abstract provided.

Private Practice And Cause Lawyering: A Practical And Ethical Guide, Bettina E. Brownstein

University of Arkansas at Little Rock Law Review

No abstract provided.

The Bursting Of The Pedigree Bubble, William D. Henderson

Articles by Maurer Faculty

No abstract provided.

Professionalizing Moral Engagement (A Response To Michael Hatfield), Robert K. Vischer

NULR Online

In Professionalizing Moral Deference, Michael Hatfield argues that the way we form lawyers “begins with moral desensitization,” a technique that teaches future lawyers “to override [their] moral intuition.” In making his case, Hatfield offers the infamous torture memos as Exhibit A, but they may not be the best vehicle for proving his thesis. As the work of John Yoo shows, some of the most scandalously deficient legal advice may stem (at least in part) from the lawyer’s inability or unwillingness to override his moral intuition. There is no reason to believe, however, that Yoo’s moral intuition would have led …