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2011

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Articles 61 - 90 of 174

Full-Text Articles in Legal Profession

A New Breath Of Life For Private Rule 10b-5(B) Litigation After Stoneridge: Sec V. Tambone And Implied Statements By Collateral Actors, David R. Allen May 2011

A New Breath Of Life For Private Rule 10b-5(B) Litigation After Stoneridge: Sec V. Tambone And Implied Statements By Collateral Actors, David R. Allen

Cardozo Law Review

No abstract provided.


Clark Memorandum: Spring 2011, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School Apr 2011

Clark Memorandum: Spring 2011, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum


Race Bias And The Importance Of Consciousness For Criminal Defense Attorneys, Andrea D. Lyon Apr 2011

Race Bias And The Importance Of Consciousness For Criminal Defense Attorneys, Andrea D. Lyon

Seattle University Law Review

This Article will begin with a discussion of race bias and will examine who in the criminal justice system has such biases. These concepts will provide a backdrop to the next Part, where I will turn to an analysis about the need for criminal defense lawyers to be conscious of race bias. I focus on two specific circumstances in which awareness of one’s own racial bias is imperative: interacting with clients and voir dire. But first, we must come to an understanding about the nature of race bias itself.


The John E. Schiller Chair In Legal Ethics Inaugural Lecture April 20, 2011 Program Apr 2011

The John E. Schiller Chair In Legal Ethics Inaugural Lecture April 20, 2011 Program

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.


Organizational Culture In Wisconsin Large Law Firms, Susan Balzer Spoerk Apr 2011

Organizational Culture In Wisconsin Large Law Firms, Susan Balzer Spoerk

Professional Projects

Culture can be defined as the collective programming of the mind which distinguishes one group or category of people from another. Organizational culture is an idea in the field of organizational studies and management which describes the psychology, attitudes, experiences, beliefs and values (personal and cultural values) of an organization. There are many studies on Organizational Culture applied to corporations. There are very few studies of Organizational Culture applied to law firms. This is a study of Organizational Culture in Wisconsin Large Law Firms. This study does not attempt to define specific cultural knowledge of large Wisconsin law firms but …


Volume 35, Issue 1 (Spring 2011) Apr 2011

Volume 35, Issue 1 (Spring 2011)

Transcript

No abstract provided.


Nebraska Transcript (University Of Nebraska College Of Law), Volume 44, Number 1, Spring 2011 Apr 2011

Nebraska Transcript (University Of Nebraska College Of Law), Volume 44, Number 1, Spring 2011

Nebraska Transcript

Dean’s Message 2
Faculty Update Profile: Alan Frank 4
Mexico’s Criminal Justice Transformation 6
Faculty Notes 8
Network Neutrality 14
Lepard Leads Human Rights Project 16
Blankley’s Passion for ADR 17
Burkstrand-Reid’s Trust to Teach 18
Feature: Dean Susan Poser 19
Around the College Brummond’s New Role 22
Kluver Leads Admissions Efforts 23
Our Future in the Big Ten: Admissions 24
Job Market’s Impact on CSO 26
Evolution of Technology 28
Student Accolades 32
2010 Family Traditions Ceremony 34
Hitler’s Court 36
Recent Facility Renovations 37
Our Alumni Eilers: A Global Career 38
Nearhood Admissions Office 39
Winter Scholarship 40 …


Spring 2011 Magazine Apr 2011

Spring 2011 Magazine

Ergo

No abstract provided.


The Tax Man's Ethics: Four Of The Hardest Ethical Questions For An Irs Lawyer, Michelle M. Kwon Apr 2011

The Tax Man's Ethics: Four Of The Hardest Ethical Questions For An Irs Lawyer, Michelle M. Kwon

Cardozo Public Law, Policy & Ethics Journal

The article explores the ethical framework governing IRS Office of Chief Counsel lawyers, comparing the traditional approach of client advocacy with the public interest approach. It argues that the Office has adopted self-imposed duties to the public, beyond the Model Rules, to ensure impartial and fair tax law application. These duties align with the IRS's mission and do not conflict with its primary role of representing the agency. The analysis examines four hypothetical scenarios to assess the effectiveness of these duties and their implications for legal ethics.


Why Can't We Be Friends - A Judicial Clerk's Guide To Social Networking, Kate Crowley Apr 2011

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

Richmond Public Interest Law Review

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.


A Comparative Legal And Economic Approach To Third-Party Litigation Funding, Marco De Morpurgo Apr 2011

A Comparative Legal And Economic Approach To Third-Party Litigation Funding, Marco De Morpurgo

Cardozo Journal of International and Comparative Law

This article represents the first attempt to apply a comparative legal and economic approach to the study of third-party litigation funding (TPLF) - one of the most innovative trends in civil litigation financing today. TPLF consists of the practice where a third party offers financial support to a claimant in order to cover his litigation expenses, in return for a share of damages if the claim is successful. The third party receives no compensation if the claimant loses the suit. While such practice has been rapidly developing in the common law world (Australia, United States, and United Kingdom), in the …


18th Annual Joseph L. Rauh, Jr. Lecture, Eric H. Holder Jr. Mar 2011

18th Annual Joseph L. Rauh, Jr. Lecture, Eric H. Holder Jr.

University of the District of Columbia Law Review

No abstract provided.


Yes We Can, Pass The Bar. University Of The District Of Columbia, David A. Clarke School Of Law Bar Passage Initiatives And Bar Pass Rates - From The Titanic To The Queen Mary!, Derek Alphran, Tanya Washington, Vincent Eagan Phd. Mar 2011

Yes We Can, Pass The Bar. University Of The District Of Columbia, David A. Clarke School Of Law Bar Passage Initiatives And Bar Pass Rates - From The Titanic To The Queen Mary!, Derek Alphran, Tanya Washington, Vincent Eagan Phd.

University of the District of Columbia Law Review

Bar passage rates began to fall at the University of the District of Columbia, David A. Clarke School of Law (UDC-DCSL) in the late 1990s as the District and the School of Law dealt with many changes related to uncertain funding and staffing. As a result, in 1998, the Law School created the Bar Passage Task Force (BPTF) to study the issue, prepare a plan of action to put bar passage on an upward path, and to implement that plan. In 2003, at the time of UDC-DCSL's application for full accreditation with the American Bar Association (ABA), the Law School's …


"Screening” New York’S New Rules—Laterals Remain Conflicted Out, Fallyn B. Reichert Mar 2011

"Screening” New York’S New Rules—Laterals Remain Conflicted Out, Fallyn B. Reichert

Pace Law Review

No abstract provided.


Helping Lawyers Help Clients, John M. Lande Mar 2011

Helping Lawyers Help Clients, John M. Lande

Faculty Publications

Counseling clients about dispute resolution options is easier said than done. This article suggests a strategy to help lawyers counsel clients in choosing dispute resolution options. Perhaps the most promising approach involves using dispute systems design (DSD) procedures to establish better ways of training lawyers to counsel clients.


Dean's Column: Kay Kindred, A Nevada "First", Rachel J. Anderson Mar 2011

Dean's Column: Kay Kindred, A Nevada "First", Rachel J. Anderson

Scholarly Works

This article documents selected aspects of the life of Professor Kay Kindred, the first female African-American law professor at the William S. Boyd School of Law at the University of Nevada, Las Vegas.


How And Why Do Lawyers Misbehave? Lawyers, Discipline, And Collegial Control, Lynn M. Mather Feb 2011

How And Why Do Lawyers Misbehave? Lawyers, Discipline, And Collegial Control, Lynn M. Mather

Contributions to Books

Published as Chapter 6 in The Paradox of Professionalism: Lawyers and the Possibility of Justice, Scott L. Cummings, ed.

A fundamental principle of professional labor is that the members of a specialized occupation, as professionals, enjoy autonomy. In sociologist Elliot Freidson's words, professionals “control their own work.” The practitioners themselves decide what constitutes acceptable or appropriate behavior. Professions establish rules and systems of self-regulation to teach and enforce the expected standards of conduct on their members. One way, then, to assess legal professionalism is to ask how well lawyers regulate themselves. The extensive literature on lawyer regulation paints a negative …


February/March 2011 Newsletter Feb 2011

February/March 2011 Newsletter

Ergo

No abstract provided.


Three Concepts Of Roles, W. Bradley Wendel Feb 2011

Three Concepts Of Roles, W. Bradley Wendel

San Diego Law Review

There is something distinctive about the law, legal reasoning, and the role of lawyers. That distinctiveness is captured by the idea that normative reasoning by citizens in communities is necessarily aimed at discovering what rights and obligations everyone ought to have, consistent with the interests of other citizens. It is implausible to believe that ordinary moral reasoning is well-suited to working out a scheme of public entitlements that is suited to regulating the interactions among citizens who disagree about what their entitlements ought to be. The law has authority to the extent it enables people to do better than they …


Anatomy Of An Aggregate Settlement: The Triumph Of Temptation Over Ethics, Lester Brickman Feb 2011

Anatomy Of An Aggregate Settlement: The Triumph Of Temptation Over Ethics, Lester Brickman

Articles

In an aggregate settlement, usually of a mass tort claim, a defendant agrees to pay a specific dollar amount to be divided up by the lawyer among her multiple clients which may number in the hundreds and even thousands. Each client, therefore, is in competition with all of the lawyer’s other clients suing the same defendant for a share of the fixed sum. Rule 1.8(g) of the ABA Rules of Professional Conduct requires that each client give their informed consent to their allocation. To facilitate the settlement and the often quite substantial contingency fees to be earned, lawyers may mislead …


Dean Lauren Robel Named President-Elect Of American Association Of Law Schools Jan 2011

Dean Lauren Robel Named President-Elect Of American Association Of Law Schools

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.


Maurer Dean Chosen President-Elect Of National Law School Association Jan 2011

Maurer Dean Chosen President-Elect Of National Law School Association

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.


An Old-Fashioned View Of The Nature Of Law, James Boyd White Jan 2011

An Old-Fashioned View Of The Nature Of Law, James Boyd White

Articles

The law is a not an abstract system or scheme of rules, as we often speak of it, but an inherently unstable structure of thought and expression. It is built upon a distinct set of dynamic and dialogic tensions, which include: tensions between ordinary language and legal language; between legal language and the specialized discourses of other fields; between language itself and the mute world that lies beneath it; between opposing lawyers; between conflicting but justifiable ways of giving meaning to the rules and principles of law; between substantive and procedural lines of thought; between law and justice; between the …


Judicial Opinion Writing: An Annotated Bibliography, Ruth C. Vance Jan 2011

Judicial Opinion Writing: An Annotated Bibliography, Ruth C. Vance

Law Faculty Publications

No abstract provided.


Clinical Professors' Professional Responsibility: Preparing Law Students To Embrace Pro Bono, Douglas L. Colbert Jan 2011

Clinical Professors' Professional Responsibility: Preparing Law Students To Embrace Pro Bono, Douglas L. Colbert

Faculty Scholarship

This article begins by examining the current crisis in the U.S. legal system where approximately three out of four low- and middle-income litigants are denied access to counsel's representation when faced with the loss of essential rights - -a home, child custody, liberty and deportation - - and where most lawyers decline to fulfill their ethical responsibility of pro bono service to those who cannot afford private counsel. The article traces the evolving ethical standards of a lawyer's professional responsibility that today views every attorney as a public citizen having a special responsibility to the quality of justice.

The author …


The New Rules For Law Schools, Barbara S. Gontrum Jan 2011

The New Rules For Law Schools, Barbara S. Gontrum

Faculty Scholarship

No abstract provided.


Modeling The American Lawyer Ethics System, James E. Moliterno Jan 2011

Modeling The American Lawyer Ethics System, James E. Moliterno

Scholarly Articles

None available.


Seven Principles: Increasing Access To Law School Among Students Of Color, Catherine E. Smith Jan 2011

Seven Principles: Increasing Access To Law School Among Students Of Color, Catherine E. Smith

Scholarly Articles

In Fall 2010, I became one of the first tenured professors in the nation to hold a deanship dedicated exclusively to diversity in a school of law. As the Associate Dean of Institutional Diversity and Inclusiveness at the University of Denver's Sturm College of Law ("SCOL"), I am charged with strengthening access to the legal academy, particularly among, but not limited to, students and faculty of color. This Essay describes the evolution of my role and the seven principles that currently guide student pipeline and recruitment efforts at the SCOL. These principles help the SCOL focus those efforts, work strategically, …


The Most Ethical Of People, The Least Ethical Of People: Proposing Self-Determination Theory To Measure Professional Character Formation, Lawrence S. Krieger Jan 2011

The Most Ethical Of People, The Least Ethical Of People: Proposing Self-Determination Theory To Measure Professional Character Formation, Lawrence S. Krieger

Scholarly Publications

No abstract provided.


Volume 78 (2010-2011) Jan 2011

Volume 78 (2010-2011)

Tennessee Law Review

No abstract provided.