Legal Profession Commons^™

Editorial – Both Sides Now, Stephen Calkins, Marek Martyniszyn

Law Faculty Research Publications

No abstract provided.

Bypassing Civil Gideon: A Legislative Proposal To Address The Rising Costs And Unmet Legal Needs Of Unrepresented Immigrants, Erin B. Corcoran

West Virginia Law Review

No abstract provided.

Discovery About Discovery: Sampling Practice And The Resolution Of Discovery Disputes In An Age Of Ever-Increasing Information, Charles Yablon, Nick Landsman-Roos

Cardozo Law Review

This Article provides the first extended academic consideration of a new practice adopted by an increasing number of courts to resolve e-discovery disputes - the sampling of a small portion of the information sought in backup or other relatively inaccessible files. We provide a comprehensive overview and statistical analysis of contemporary sampling techniques, identifying issues where sampling practice is inconsistent or where additional guidance appears to be required. Our aim is to provide a coherent theoretical approach to the use of sampling, suggesting "best practices" for many unresolved issues, and locating sampling practice within broader contemporary debates about discovery.

For Law Review Citations, Are All Citators Created Equal? A Comparison Of Four Citators, Pamela C. Brannon

Faculty Publications By Year

No abstract provided.

Dynamic Fiduciary Duties, Andrew S. Gold

Cardozo Law Review

This Article assesses a fundamental puzzle concerning directors' fiduciary duties. While courts have gradually refined the content of fiduciary duties, they have yet to determine which parties are the beneficiaries of these duties. In the standard Delaware pronouncement, directors owe their duties to "the corporation and its shareholders." Since the interests of the corporation and its shareholders will diverge in various settings, this is at best an indeterminate legal doctrine. The puzzle is that this indeterminacy remains an ongoing feature of the law, rather than a temporary area of uncertainty. Why don't the courts pick just the shareholders, or just …

A Power And A Duty: Prosecutorial Discretion And Obligation In United States Sentencing Guideline § 3e1.1(B), Laura Waters

Cardozo Law Review

No abstract provided.

The Right To Waive Competent Counsel: Extending The Faretta Waiver, Augustine Gerard Yee

Pepperdine Law Review

No abstract provided.

The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings, Paul Boland

Pepperdine Law Review

No abstract provided.

Clicking Away Confidentiality: Workplace Waiver Of Attorney-Client Privilege, Adam C. Losey

Florida Law Review

In workplace waiver cases, a schism is quietly developing. Some courts are discreetly (and perhaps inadvertently) abandoning the traditionally accepted narrow interpretation of attorney-client privilege in favor of a broad protective approach on public policy grounds. Others continue to adhere to traditional doctrine. A clash between these two schools of thought may be inevitable. The universal application of a rebuttable presumption that an employee has waived attorney-client privilege could avert a direct collision between these two schools of thought and establish a semblance of predictability in workplace waiver cases.

Part II points out the growing and unspoken abandonment of traditional …

Damned If You Do, Doomed If You Don't: Patenting Legal Methods And Its Effect On Lawyers' Professional Responsibilities, Stephanie L. Varela

Florida Law Review

This Note argues patent protection should not extend to legal methods because of the professional responsibilities lawyers owe to the profession and to clients. Part II explains why legal methods merit discussion today. To appreciate the effects legal method patents could have on the legal profession, Part II then presents an overview of pertinent patent law and explains how legal methods are likely eligible for patent protection. Part III raises the question whether legal methods should receive patent protection in light of social and economic considerations. Part IV addresses implications for a lawyer’s professional obligations if courts extend patent protection …

The Perspective Of A Junior Circuit Judge On Judicial Modesty, William H. Pryor Jr.

Florida Law Review

My topic today is judicial modesty, which some critics of the federal judiciary might say is an oxymoron. After all, these critics, in recent years, have dubbed it “the imperial judiciary,” “the most dangerous branch,” and “our judicial oligarchy.” Modesty is not a typical charge against the federal courts. After I provide an overview of judicial modesty based on what the Chief Justice and Judge Posner have said about it, I will address two aspects of my work that provide opportunities to display judicial modesty. First, I will address an aspect of the adjudicative work of the courts of appeals: …

Constitutional Advocacy Explains Constitutional Outcomes, Stephen A. Higginson

Florida Law Review

This Article seeks to show that scholars, especially constitutional scholars, must pay more attention to the ways advocates frame their controversies at the "capital of the world." If the Anti-federalists' prophecy was that an overly complex constitution would accrete power around its ambiguities, then the perpetual refinement of the Constitution by lawyers in controversy—from article to section to sentence to clause to phrase to word—has given the best protection against inflexibility. This thesis is timely because lawyering is more accessible with the Court's recent decision to post oral arguments "on the same day an argument is heard by the Court." …

Reining In Abuses Of Executive Power Through Substantive Due Process, Rosalie Berger Levinson

Florida Law Review

Although substantive due process is one of the most confusing and controversial areas of constitutional law, it is well established that the Due Process Clause includes a substantive component that “bars certain arbitrary wrongful government actions ‘regardless of the fairness of the procedures used to implement them.’” The Court has recognized substantive due process limitations on law-enforcement personnel, public-school officials, government employers, and those who render decisions that affect our property rights. Government officials who act with intent to harm or with deliberate indifference to our rights have been found to engage in conduct that “shocks the judicial conscience” contrary …

Milking The New Sacred Cow: The Supreme Court Limits The Peremptory Challenge On Racial Grounds In Powers V. Ohio And Edmonson V. Leesville Concrete Co., Bradley R. Kirk

Pepperdine Law Review

No abstract provided.

California Practicum: A Guide To Coordination Of Civil Actions In California, Darren L. Brooks

Pepperdine Law Review

No abstract provided.

When Will Black Women Lawyers Slay The Two-Headed Dragon: Racism And Gender Bias, Wilma Williams Pinder

Pepperdine Law Review

No abstract provided.

Dedicatory Address: The Art Of A Jury Trial, Louis Nizer

Pepperdine Law Review

No abstract provided.

Introduction To Dedicatory Address, Gerald F. Phillips

Pepperdine Law Review

No abstract provided.

Contingency Enhancements In Attorney Fee Cases: City Of Burlington V. Dague, The End Of Merit Systems Protection Board's Struggle To Understand And Apply Delaware Valley Ii , Cameron P. Quinn, Katharine A. Klos

Pepperdine Law Review

No abstract provided.

The Student-Friendly Model: Creating Cost-Effective Externship Programs, James H. Bachman, Jana B. Eliason

Touro Law Review

No abstract provided.

A Heretical View Of Teaching: A Contrarian Looks At Teaching, The Carnegie Report, And Best Practices, Gary Shaw

Touro Law Review

No abstract provided.

Practicing On Purpose: Promoting Personal Wellness And Professional Values In Legal Education, Gretchen Duhaime

Touro Law Review

No abstract provided.

The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers

Touro Law Review

No abstract provided.

The Effect Of Location In The Courtroom On Jury Perception Of Lawyer Performance, Jeffrey S. Wolfe

Pepperdine Law Review

No abstract provided.

Choice Of A Profession, John T. Noonan Jr.

Pepperdine Law Review

No abstract provided.

"Your Honor What I Meant To State Was . . .": A Comparative Analysis Of The Judicial And Evidentiary Admission Doctrines As Applied To Counsel Statements In Pleadings, Open Court, And Memoranda Of Law, Ediberto Roman

Pepperdine Law Review

No abstract provided.

Ideologies Of Professionalism And The Politics Of Self-Regulation In The California State Bar, William T. Gallagher

Pepperdine Law Review

No abstract provided.

Vol. 43, No. 10 (November 5, 2012)

Indiana Law Annotated

No abstract provided.

The Honorable Morris Sheppard Arnold, U.S. Courts Library 8th Circuit

Morris Arnold (1985)

No abstract provided.

Clark Memorandum: Fall 2012, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Education Multipliers (Mehrsa Baradaran)
• Integrity and the Practice of Law (William A. Tilleman)
• He Answered Discreetly (Elder L. Whitney Clayton)
• On Becoming a Good Apple (Thomas B. Griffith)