Legal Profession Commons^™

Misinterpreted Justice: Problems With The Use Of Islamic Legal Experts In U.S. Trial Courts, Peter W. Beauchamp

NYLS Law Review

No abstract provided.

Why Can't We Be Friends - A Judicial Clerk's Guide To Social Networking, Kate Crowley

Richmond Journal of Law and the Public Interest

Synopsis: With the growing popularity of social media, there is an everincreasing chance that attorneys will commit an ethics violation or other lapse of discretion online. This article provides an overview of social networking and provides guidance for how judicial clerks and all attorneys can keep themselves in line when going online.

Legal Reasoning And Scientific Reasoning, Phoebe C. Ellsworth

Articles

In my presentation for the 2010 Meador Lectures on Rationality, I chose to compare legal reasoning and scientific reasoning. Both law and science pride themselves on the rationality of their intellectual methods and believe that those methods are designed to analyze questions and reach the correct conclusions by means of reason, free from cognitive or emotional biases. Of course, both law and science often fall short of this ideal at all levels, from the decisions about individual legal cases or scientific studies to the acceptance of general theories. In many ways, the biases that mislead legal and scientific thinkers are …

Three Generations Of U.S. Lawyers: Generalists, Specialists, Project Managers, William D. Henderson

Articles by Maurer Faculty

A simple framework for understanding the U.S. legal profession is a gradual progression through three generations of lawyers: the generalist, the specialist, and the project manager. The transition from one generation to the next is driven by the familiar story of supply and demand. The generalist era (colonial period to the end of World War II) gave way to the specialist era (post-War to early 2000s) because of a shortage of sophisticated business lawyers capable of serving the needs of large, growing, and increasingly regulated industrial and financial clients. Over a period of several decades, leading local practitioners with business …

The Illusory Right To Counsel, Eve Brensike Primus

Articles

Imagine a woman wrongly accused of murdering her fiance. She is arrested and charged with first-degree murder. If convicted, she faces a mandatory sentence of life without the possibility of parole. Her family scrapes together enough money to hire two attorneys to represent her at trial. There is no physical evidence connecting her to the murder, but the prosecution builds its case on circumstantial inferences. Her trial attorneys admit that they were so cocky and confident that she would be acquitted that they did not bother to investigate her case or file a single pre-trial motion. Rather, they waived the …

Specialty Bars As A Site Of Professionalism: The Immigration Bar Example, Leslie Levin

Faculty Articles and Papers

As the practice of law has become increasingly specialized, specialty bar associations have become more important to the work lives of many lawyers and their understanding of professional norms. This article looks at the role of a single specialty bar association - the American Immigration Lawyers Association (AILA) - in the construction of its members’ norms and values. The article draws on semi-structured interviews with 71 immigration lawyers in the New York City metropolitan area to identify the ways in which specialty bars foster lawyers’ understanding of professional norms - both formally and informally - through education, information sharing, mentoring, …

What Happened In Iowa?, David Pozen

Faculty Scholarship

Reply to Nicole Mansker & Neal Devins, Do Judicial Elections Facilitate Popular Constitutionalism; Can They?, 111 Colum. L. Rev. Sidebar 27 (2011).

November 2, 2010 is the latest milestone in the evolution of state judicial elections from sleepy, sterile affairs into meaningful political contests. Following an aggressive ouster campaign, voters in Iowa removed three supreme court justices, including the chief justice, who had joined an opinion finding a right to same-sex marriage under the state constitution. Supporters of the campaign rallied around the mantra, “It’s we the people, not we the courts.” Voter turnout surged to unprecedented levels; the national …

Surviving (And Thriving) In The First Year Of Trial Practice, Maureen A. Howard

Articles

The substance and procedure of trial practice may vary across different law firms and agencies, but there are certain challenges that all first-year trial lawyers face when starting out. No matter how brilliant and capable a newly minted attorney may be, there are some lessons more indelibly learned on the job than in law school; while these lessons are undoubtedly valuable, they can be painful and embarrassing. Although reading about the possible pitfalls of the first year of trial practice is not as educational as walking through the fire oneself, I have collected over the years a few tips and …

No Paradise To Regain: Comments On Russell G. Pearce And Eli Wald, The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law, Kenneth S. Gallant

Law Faculty Scholarship

This piece responds to Russell G. Pearce and Eli Wald, The Obligation of Lawyers to Heal Civic Culture: Confronting the Ordeal of Incivility in the Practice of Law (presented at the 2011 Altheimer Symposium, UALR Bowen School of Law). It agrees with their view that arguments from "relational self-interest" (viewing self interest as necessarily connected to the interests of others) can address issues of incivility in the American politics and the practice of law in ways that other arguments cannot.

It disagrees with them on a few specific points:

1. The so-called Ordeal of Incivility in American politics, culture and …

Some Thoughts On The State Of Women Lawyers And Why Title Vii Has Not Worked For Them, Theresa M. Beiner

Law Faculty Scholarship

This essay discusses why women lawyers have not been as successful in large firms in spite of graduating from law school in large numbers over the last twenty years. It begins by giving a snapshot of the state of women lawyers, including women lawyers of color. It includes stories and studies of women’s struggles at these firms. It also describes why Title VII has not worked to solve the problems associated with being a successful woman in a law firm. Finally, it suggests some potential solutions that may help women be more successful in these environments.

Confidentiality Explained: The Dialogue Approach To Discussing Confidentiality With Clients, Elisia M. Klinka, Russell G. Pearce

Faculty Scholarship

Many lawyers lie to their clients by saying, “Everything you tell me is confidential” despite the existence of some rules that require lawyers to disclose client confidences and others that permit lawyers to disclose confidences to protect themselves or collect fees. In an effort to encourage clients to speak honestly, a number of commentators urge lawyers to provide either a general or specific notice of the exceptions to confidentiality. This Article offers a different approach. It seeks to promote an honest and open dialogue between lawyer and client that will create a relationship of mutual trust and will make it …

Email Etiquette, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Abolishing State Trademark Registrations, Lee Ann W. Lockridge

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Happiness In Business Or Law, Peter H. Huang

Publications

This article provides a short introduction to recent happiness research and its applications to business or law that is organized as follows. Section I briefly considers: (1) troubling and not so troubling reservations about happiness research, and (2) how money and happiness are related. Section II concisely surveys two sets of applications of happiness research to business, namely: (1) workplace well-being and meaning, and (2) marketing. Section III succinctly reviews two categories of happiness research implications for law: (1) business regulation, and (2) law student and lawyer happiness.

Toward The Study Of The Legislated Constitution, Robin West

Georgetown Law Faculty Publications and Other Works

Law schools, both innovative and traditional, cutting edge and hidebound, demand and therefore teach tolerance, civil respect for those whose views and dreams differ from our own, a commitment to the equal dignity of all persons, an awareness of the individuality of each of us, and the challenges that those differences and that equality pose to the generalizing impulse in law. Likewise, law schools, virtually everywhere, convey or should convey a sensitivity to bare or naked human vulnerability, mortality, weakness, and need, and therefore a sense in students of the moral need of all of us for law’s protection, as …

The Challenges Of Developing Cross-Cultural Legal Ethics Education, Professional Development, And Guidance For The Legal Professions, Philip Genty

Faculty Scholarship

The broad goal of this paper is to describe the need, and provide a framework, for engaging in cross-cultural conversations among lawyers, law teachers, and others, who are using legal ethics as a vehicle for improving the legal professions and the delivery of legal services. All legal cultures struggle with the question of how to educate students and lawyers to be ethical professionals and how to regulate the legal profession effectively. The purpose of the cross-cultural conversations discussed in this paper would be to develop principles of legal ethics education, professional development, and regulation of the legal professions that can …

Organizational Representation And The Frontiers Of Gatekeeping, William H. Simon

Faculty Scholarship

I spend more than half of my Professional Responsibility (“PR”) survey course discussing issues distinctive to organizational clients. I do so in part to take into account the realities of practice. If we can generalize from John Heinz and Edward Laumann’s Chicago study, about sixty-five percent of lawyering time is devoted to organizational clients. Yet, the PR issues involved in representing organizational clients occupy a comparatively small portion of legal doctrine, casebooks, and scholarship.

Another reason I emphasize organizational clients is that recent developments in this sphere, especially in securities and tax, have great general interest.

From Both Sides Now: The Job Talk’S Role In Matching Candidates With Law Schools, Anne Enquist, Paula Lustbader, John B. Mitchell

Faculty Articles

In the heavily competitive law school teaching job market, the so-called “job talk” has assumed increasing importance in the ultimate hiring decision. Nevertheless, there is little published information to assist a law school faculty in structuring or evaluating the job talk and a similar paucity of information for candidates to guide them in creating and preparing for the presentation of their talk. This article is intended to fill that void. The article guides the preparation of faculty and candidates for both the job talk itself and for the crucial Q&A period that follows the talk. The article represents the authors’ …

Rollen Und Rollenverständnisse Im Transnationalen Privatrecht [Roles And Role Perceptions In Transnational Private Law], Ralf Michaels

Faculty Scholarship

Downloadable Document is in German

Summary

1. The private lawyer’s role is inseparably connected with the paradigms and doctrines of private law. This is so because the role played by private lawyers constitutes a large part of their understanding of the discipline. At the same time, the shared understanding of the discipline has necessary consequences for the roles played by lawyers in it.

2. Roles and role perceptions in private law are contingent upon space and time. The most important factor affecting private lawyers today is the growing detachment of private law from the state, through globalization, Europeanization, and privatization …

From Archetypes To Architects: Re-Envisioning The Role Morality Of Trial Level Judges, Richard Devlin Frsc

Articles, Book Chapters, & Popular Press

In this article, I build upon the concepts of role-differentiated behaviour and role morality to reflect upon the privileges and responsibilities of being a trial judge. In particular, I will suggest there are at least two (potentially competing) professional archetypes for judicial role morality, which at this point I will tentatively describe as the mechanics and the innovators. Both of these archetypes agree that the governing principles should be integrity, honesty, independence, impartiality, fairness, et cetera, but they differ in their understanding of how best to put these ideals into effect in the real world. In due course, I will …

Overcoming Under-Compensation And Under-Deterrence In Intentional Tort Cases: Are Statutory Multiple Damages The Best Remedy?, Stephen J. Shapiro

All Faculty Scholarship

This Article advocates that states' statutes make greater and more systematic use of multiple damages by extending them to a much broader range of intentional, wrongful conduct. Part II of this Article will explain why extra-compensatory relief is called for when tortious conduct is intentional or malicious. Part III will compare punitive damages, attorney fees, and treble or other multiple damages as possible sources of additional relief. Part IV will focus on multiple damages. The Article will examine the range of existing state statutes and discuss why and how those statutes might be extended to a broader range of wrongful …

The American "Rule": Assuring The Lion His Share, James Maxeiner

All Faculty Scholarship

Court costs in American civil procedure are allocated to the loser (“loser pays”) as elsewhere in the world. When American civil procedure took shape in the 1840s, American lawyers thought that losing parties ought to indemnify winning parties against all expenses of lawsuits. Yet today, attorneys’ fees – the lion’s share of expenses in the words of the General Report – are not allocated this way. By practice – and not by legal rule – attorneys’ fees fall on the parties that incur them. Those fees are not set by statute or court decision, but by agreement between parties and …

Crisis In The Legal Profession: Don’T Mourn, Organize!, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The North Carolina Association Of Women Attorneys: Creating Camaraderie, Nurturing Leaders, And Protecting The Rights Of Women, Carolyn Mcallaster, Jennifer Brobst

Faculty Scholarship

No abstract provided.