Legal Profession Commons^™

Professionalizing Moral Deference, Michael Hatfield

NULR Online

As I write this Essay, legal memoranda about torture, once again, are headline news. This Essay considers these memoranda. However, this Essay does not address the legality of torture or the legal limits of interrogation or even if lawyers who provide bad advice on these issues should be punished. Instead, this Essay uses what has come to light about the “torture memoranda” to consider broader issues about the contemporary state of becoming and being an American lawyer. With new memoranda being released, for the sake of convenience, this Essay refers only to the best-known example (at least as things currently …

Externships And New Lawyer Mentoring: The Practicing Lawyer's Role In Educating New Lawyers, James Backman

Brigham Young University Journal of Public Law

Law schools and bar associations have begun successful and sustainable programs to assist law students and new lawyers in making the transition from law school to the first year of legal practice. The key to the universal availability of these proven approaches is the willingness of experienced lawyers to become supervising mentors for law school externship programs and for bar association mentoring programs for new lawyers. The traditional roadblocks to implementation of these programs have disappeared by eliminating the heavy costs involved in traditional law school clinical programs and by adding quality controls to bar association programs to assure that …

Loyalty Testing For Attorneys: When Is It Necessary And Who Should Decide?, Mary Elizabeth Basile

Cardozo Law Review

The concept of loyalty has been manipulated to mean different things with respect to the profession of law depending on the political climate brought about by national crises throughout the history of this country. An attorney's loyalty to his country has referred to more than mere allegiance and support of the laws of the sovereignty in that it has been understood to concern specified beliefs, doctrines, and associations. It has been tested through the imposition of loyalty oaths from the colonial days through the Civil War and Cold War, to the current post-September 11 era in which the government's emphasis …

Vol. 7, No. 03 (May/June 2009)

Indiana Law Update

No abstract provided.

Toward Procedural Optionality: Private Ordering Of Public Adjudication, Robert J. Rhee

UF Law Faculty Publications

Private resolution and public adjudication of disputes are commonly seen as discrete, antipodal processes. There is a generally held understanding of the dispute resolution processes. The essence of private dispute resolution is that the parties can arrange the disputed rights and entitlements per agreement and without judicial intervention. In public adjudication, however, the sovereign mandates the substantive and procedural laws to be applied, many of which cannot be changed by either a party's unilateral decision or both parties' mutual consent. Neither approach allows a party an option to unilaterally alter important aspects of the process, such as the standards of …

Superpoked And Served: Service Of Process Via Social Networking Sites, Andriana L. Shultz

University of Richmond Law Review

No abstract provided.

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

The Clark Memorandum

• Lawyers and the Rule of Law (James D. Gordon III)
• The Truth About Media Subpoenas (RonNell Anderson Jones)
• A Mother's Pace (Gwyn Goodson McNeal)
• Liberty, Civility, and Professionalism (Ming W. Chin)
• Leaders and Learning (Kim B. Clark)

Developing A Comprehensive Approach To Teaching Lawyering Skills: A Response To The Maccrate Report Fifteen Years Later, Scott E. Thompson

Faculty Publications and Presentations

No abstract provided.

Volume 33, Issue 1 (Spring 2009)

Transcript

No abstract provided.

A Close Encounter: People To People International's Legal Research And Library Science Delegation Visits China, Richard Leiter

Marvin and Virginia Schmid Law Library: Faculty Publications

Last October, I had the privilege of leading a delegation of (mostly) law librarians on a 10-day professional visit to Beijing and ghai, China. The goal of the trip was to get acquainted with Chinese legal bibliography and China's legal system. The visit was arranged and facilitated by the People to People International Citizen Ambassadors Program headquartered in Spokane, Washington. (If you haven't heard of the organization, please check out its Web site at jwptpAi.so rsgta.)t ed on the Web site, "The purpose of People to People International is to enhance international understanding and friendship through educational, cultural, and humanitarian …

"Old And Making Hay:" The Results Of The Pro Bono Institute Firm Survey On The Viability Of A "Second Acts" Program To Transition Attorneys To Retirement Through Pro Bono Work, Kenneth G. Dau-Schmidt, Esther F. Lardent, Reena N. Glazer, Kellen Ressmeyer

Cardozo Public Law, Policy & Ethics Journal

The article advocates for "Second Acts" programs to transition senior attorneys into retirement through pro bono work, addressing the aging legal profession's challenges and societal needs for legal representation. These programs offer personal fulfillment for attorneys while benefiting firms by maintaining client continuity, mentoring junior lawyers, and fulfilling pro bono obligations.

Spring 2009

Alumni News

No abstract provided.

The Detainees' Dilemma: The Virtues And Vices Of Advocacy Strategies In The War On Terror, Peter Margulies

Law Faculty Scholarship

No abstract provided.

The Rite Of Rhetoric: Cognitive Framing In Technology Law, Chris Riley

Nevada Law Journal

No abstract provided.

Creating A Journal: Two Perspectives, Coleen M. Barger, Lindsey P. Gustafson

The Journal of Appellate Practice and Process

No abstract provided.

Publishing Raymond Carver's "Original" Stories As "Fair Use", Matthew J. Weldon

Cardozo Public Law, Policy & Ethics Journal

The note examines the legal and ethical implications of editorial influence on authorial rights, particularly in the context of Raymond Carver's works edited by Gordon Lish. It explores the tension between editorial collaboration and copyright law, highlighting the challenges of attributing contributions and protecting authorial intent. The analysis draws on U.S. copyright law, moral rights, and fair use doctrine to evaluate Tess Gallagher's efforts to publish Carver's original stories, raising broader questions about the role of editors and the limits of their creative input.

One Person's Junk, Another Person's Treasures: Dissolving A Small Law Book Collection, Gail F. Zwirner

Law Faculty Publications

Decisions to eliminate a book collection occur for various reasons, including retirement, downsizing a home library, or a sweet deal from an online vendor. Law librarians regularly receive inquiries about the purchase or donation of used law books. Many times these calls originate in a law school’s development office after an attorney school seeks his or her law school’s advice on eliminating a significant career investment. An attorney may turn to a law firm librarian for advice as well.

Vol. 7, No. 02 (March/April 2009)

Indiana Law Update

No abstract provided.

Reproducing Gender On Law School Faculties, Ann C. Mcginley

BYU Law Review

No abstract provided.

Original Sin And Judicial Independence: Providing Accountability For Justices, Paul D. Carrington, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Citizen As Lawyer, Lawyer As Citizen, Mark Tushnet

William & Mary Law Review

No abstract provided.

The Citizen-Lawyer - A Brief Informal History Of A Myth With Some Basis In Reality, Robert W. Gordon

William & Mary Law Review

No abstract provided.

Lawyers As Citizens, Deborah L. Rhode

William & Mary Law Review

No abstract provided.

"Public Service Must Begin At Home": The Lawyer As Civics Teacher In Everyday Practice, Bruce A. Green, Russell G. Pearce

William & Mary Law Review

No abstract provided.

Some Thoughts About Citizen Lawyers, Lawrence M. Friedman

William & Mary Law Review

No abstract provided.

A Golden Age Of Civic Involvement: The Client Centered Disadvantage For Lawyers Acting As Public Officials, James E. Moliterno

William & Mary Law Review

No abstract provided.

The Citizen Lawyer, W. Taylor Reveley Iii

William & Mary Law Review

No abstract provided.

Partners In Law, Meg Butler

Faculty Publications By Year

No abstract provided.

The Life Science Lawyer, Erin Albert

Butler University Books

Health care and life sciences are increasingly complex. There are many global players in life sciences and healthcare-patients, governments, hospitals, managed care companies, pharmaceutical, biotechnology, and medical device companies and pharmacies are only a few. With this increasing complexity comes a higher demand for hybrid professionals who can translate both the science as well as the legal issues surrounding this complicated environment. In the US, there are thousands of life science lawyers--people who have both a scientific/healthcare background and also who have gone on to law school (or in one case, vice versa). This book explores the following through interviews: …

The Pragmatically Virtuous Lawyer?, Robert F. Blomquist

Law Faculty Publications

No abstract provided.