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2013

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Full-Text Articles in Legal Profession

Iu Maurer Selects California Scholar As Dean Dec 2013

Iu Maurer Selects California Scholar As Dean

Austen Parrish (2014-2022)

No abstract provided.


Austen Parrish Named Dean Of Iu Maurer School Of Law Dec 2013

Austen Parrish Named Dean Of Iu Maurer School Of Law

Austen Parrish (2014-2022)

No abstract provided.


Vol. 45, No. 12 (December 2, 2013) Dec 2013

Vol. 45, No. 12 (December 2, 2013)

Indiana Law Annotated

No abstract provided.


The True Value Of A Law Degree, Or, Why Did Thurgood Marshall Go To Law School?, R. Lawrence Dessem, Gregory M. Stein Dec 2013

The True Value Of A Law Degree, Or, Why Did Thurgood Marshall Go To Law School?, R. Lawrence Dessem, Gregory M. Stein

Faculty Publications

There has been vigorous debate in recent months over whether a law degree is a worthwhile investment. Much of this discussion has focused on whether the economic costs of obtaining a degree pay off over a lawyer’s career. This conversation has largely overlooked the many non-economic benefits of a law degree. In this essay, we seek to re-introduce several non-economic factors back into this important dialogue. We suggest that prospective law school applicants would be wise to consider these non-economic factors in addition to economic ones.


Legal Ethics, Patrick Emery Longan Dec 2013

Legal Ethics, Patrick Emery Longan

Mercer Law Review

This Article covers the period from June 1, 2012 through May 31, 2013. During this period, the Georgia Supreme Court decided a number of lawyer-discipline cases and other matters related to licensure. The supreme court and the Georgia Court of Appeals decided cases involving legal malpractice, ineffective assistance of counsel, judicial ethics, and several miscellaneous matters. The supreme court also approved one significant Formal Advisory Opinion and one set of changes to the Georgia Rules of Professional Conduct.


Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto Dec 2013

Solving Your Ethical Conundrums: Researching The Rules Of Professional Conduct, Joyce Manna Janto

Law Faculty Publications

Ms. Janto provides a practical guide to researching issues of attorney professional responsibilities using both print and online resources, emphasizing Virginia rules and decisions.


A Hybrid Methodology For Seeking Attorney's Fees In The Eastern District Of Virginia's Rocket Docket, Timothy D. Patterson Dec 2013

A Hybrid Methodology For Seeking Attorney's Fees In The Eastern District Of Virginia's Rocket Docket, Timothy D. Patterson

Law Student Publications

As the costs of litigation continue to increase, in large part due to overly broad discovery, the skirmishes in motions to compel are taking on new importance as part of the strategy. Attorneys in large law firms are even developing a subpractice area known as “discovery counsel,” particularly with the explosion of e-discovery over electronically stored information. It is for another article to discuss whether discovery should become so large or complex that practitioners can specialize in it. Thus, it will not come as a surprise to anyone that parallel to this issue is the much sought after, but often …


Beyond Bing: The Arthur Rule Lives On As The Touchstone For The New York State Right To Counsel, Adrienne Levy Dec 2013

Beyond Bing: The Arthur Rule Lives On As The Touchstone For The New York State Right To Counsel, Adrienne Levy

Cardozo Law Review

No abstract provided.


In Search Of Core Values, W. Bradley Wendel Dec 2013

In Search Of Core Values, W. Bradley Wendel

Cornell Law Faculty Publications

A consensus appears to have emerged among American lawyers that globalization and information technology are transforming the practice of law in fundamental ways. In particular, non-lawyers are increasingly involved in what has traditionally been defined as the practice of law. Scholars such as Richard Susskind, in the United Kingdom, and Thomas Morgan, in the United States, have hypothesized that lawyers may be going the way of wheelwrights, cordwainers or mercers (traders in fine cloths and silks), and that one day in the not-so-distant future we will consider the profession of lawyer as something to be studied historically, wonder why lawyers …


Can Lawyers Be Luddites? Adjusting To The Modification Of The Aba Model Rules Of Professional Conduct Regarding Technology, Darla Jackson Dec 2013

Can Lawyers Be Luddites? Adjusting To The Modification Of The Aba Model Rules Of Professional Conduct Regarding Technology, Darla Jackson

Other Faculty Publications

No abstract provided.


Reanalyzing Cost-Benefit Analysis: Toward A Framework Of Function(S) And Form(S), Robert B. Ahdieh Dec 2013

Reanalyzing Cost-Benefit Analysis: Toward A Framework Of Function(S) And Form(S), Robert B. Ahdieh

Faculty Scholarship

The analysis herein arises from the collision course between the sweeping reforms mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and a single sentence of the U.S. Code, adopted nearly fifteen years earlier and largely forgotten ever since. Few were likely thinking of Section 106 of the National Securities Market Improvement Act when the Dodd-Frank Act was enacted on July 21, 2010. As applied by the D.C. Circuit less than a year later in Business Roundtable v. SEC, however, that provision’s peculiar requirement of cost-benefit analysis could prove the new legislation’s undoing.

To help navigate …


Vol. 45, No. 11 (November 18, 2013) Nov 2013

Vol. 45, No. 11 (November 18, 2013)

Indiana Law Annotated

No abstract provided.


Vol. 45, No. 10 (November 11, 2013) Nov 2013

Vol. 45, No. 10 (November 11, 2013)

Indiana Law Annotated

No abstract provided.


Academic Freedom And Professorial Speech In The Post-Garcetti World, Oren R. Griffin Nov 2013

Academic Freedom And Professorial Speech In The Post-Garcetti World, Oren R. Griffin

Seattle University Law Review

Academic freedom, a coveted feature of higher education, is the concept that faculty should be free to perform their essential functions as professors and scholars without the threat of retaliation or undue administrative influence. The central mission of an academic institution, teach-ing and research, is well served by academic freedom that allows the faculty to conduct its work in the absence of censorship or coercion. In support of this proposition, courts have long held that academic freedom is a special concern of the First Amendment, granting professors and faculty members cherished protections regarding academic speech. In Garcetti v. Ceballos, the …


Vol. 45, No. 09 (November 4, 2013) Nov 2013

Vol. 45, No. 09 (November 4, 2013)

Indiana Law Annotated

No abstract provided.


Nebraska Transcript (University Of Nebraska College Of Law), Volume 46, Number 2, Fall 2013 Nov 2013

Nebraska Transcript (University Of Nebraska College Of Law), Volume 46, Number 2, Fall 2013

Nebraska Transcript

Dean’s Message, pg. 2

Faculty Updates

Profile: Richard Duncan, pg. 4

Profile: Glenda Pierce Retires, pg. 6

Faculty Notes, pg. 10

Schmidt Granted Tenure, pg. 20

Hurwitz Uses Computer Science Training, pg. 22

Sullivan Joins Civil Clinic Faculty, pg. 24

Feature:

College Opens Doors to New Clinical Experience, pg. 26

Around the College

Admissions: Introducing the Class of 2016, pg. 30

Poser Tours Air Force Base, pg. 33

CSO: Behind the Statistics, pg. 34

Levick’s Perry Fuller Program Lecture, pg. 38

Cline Williams Jurist in Residence:

Hon. Randall Rader, pg. 40

Pound Lecture Delivered by Levinson, pg. 42

Student Accolades, …


Setting Attorneys' Fees In Securities Class Actions: An Empirical As, Lynn A. Baker, Michael A. Perino, Charles Silver Nov 2013

Setting Attorneys' Fees In Securities Class Actions: An Empirical As, Lynn A. Baker, Michael A. Perino, Charles Silver

Vanderbilt Law Review

n 1995, Congress overrode President Bill Clinton's veto and enacted the Private Securities Litigation Reform Act ("PSLRA"), a key purpose of which was to put securities class actions under the control of institutional investors with large financial stakes in the outcome of the litigation.' The theory behind this policy, set out in a famous article by Professors Elliot Weiss and John Beckerman, was simple: self-interest should encourage investors with large stakes to run class actions in ways that maximize recoveries for all investors. These investors should naturally want to hire good lawyers, incentivize them properly, monitor their actions, and reject …


Bill Suter: General, Ambassador, Tulanian, David D. Meyer Nov 2013

Bill Suter: General, Ambassador, Tulanian, David D. Meyer

Faculty Scholarship

No abstract provided.


Educating Main Street Lawyers, Luz E. Herrera Nov 2013

Educating Main Street Lawyers, Luz E. Herrera

Faculty Scholarship

Discussion about the value of a law degree has focused on the financial success of lawyers. Both defenders and critics of the existing legal education model largely ignore the implications that the cost of legal education and high lawyer fees have on access to justice. While a lawyer’s ability to make a decent living must be addressed when determining the value of a legal education, we fail to take into account the fact that there are millions of individuals in the U.S. who cannot find a lawyer to represent them when they need one. For advocates who believe that our …


Iu Maurer Close To Naming New Dean, Marilyn Odendahl Oct 2013

Iu Maurer Close To Naming New Dean, Marilyn Odendahl

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.


Vol. 45, No. 08 (October 28, 2013) Oct 2013

Vol. 45, No. 08 (October 28, 2013)

Indiana Law Annotated

No abstract provided.


The Ethics Of Lobbying Under The District Of Columbia Rules Of Professional Conduct, Michael S. Frisch Oct 2013

The Ethics Of Lobbying Under The District Of Columbia Rules Of Professional Conduct, Michael S. Frisch

Georgetown Law Faculty Publications and Other Works

The District of Columbia is the epicenter of lobbying in the United States. With the presence of the Congress, the Executive Branch and its various Departments and independent agencies, few industries, trade associations or large businesses lack a Washington-based government relations arm. Law firms and lawyers fill in the gaps for those entities that lack a Washington presence or supplement in-house staffing with additional expertise and contacts.

Under these circumstances, it should come as no surprise that the bar authorities in the District of Columbia have examined the issue of lawyers and lobbying and implemented rules that differ from the …


Vol. 45, No. 07 (October 21, 2013) Oct 2013

Vol. 45, No. 07 (October 21, 2013)

Indiana Law Annotated

No abstract provided.


Dean's Desk: Third Year Offers Students Opportunity To Define, Hone Skills, Hannah L. Buxbaum Oct 2013

Dean's Desk: Third Year Offers Students Opportunity To Define, Hone Skills, Hannah L. Buxbaum

Hannah Buxbaum (2011-2013 Interim)

No abstract provided.


Vol. 45, No. 06 (October 7, 2013) Oct 2013

Vol. 45, No. 06 (October 7, 2013)

Indiana Law Annotated

No abstract provided.


Volume 37, Issue 2 (Fall 2013) Oct 2013

Volume 37, Issue 2 (Fall 2013)

Transcript

No abstract provided.


Taking Rules Seriously: The Rise Of Lawyer Rules As Substantive Law And The Public Policy Exception In Contract Law, Benjamin P. Cooper Oct 2013

Taking Rules Seriously: The Rise Of Lawyer Rules As Substantive Law And The Public Policy Exception In Contract Law, Benjamin P. Cooper

Cardozo Law Review

Are the Rules of Professional Conduct "law?" In disciplinary proceedings, there is no question that they are, but their impact beyond the disciplinary realm remains a matter of controversy. As the Restatement of the Law Governing Lawyers aptly states: "The legal effect of officially adopted lawyer codes is fundamental and diverse." Scholars have examined the non-disciplinary impact of the professional rules in a variety of areas, but this Article examines a largely unexplored question: the enforceability of certain agreements (e.g. lawyers splitting fees with nonlawyers) that are prohibited by the professional rules. If lawyers enter into these prohibited agreements, they …


Something Bad In Your Briefs, Richard H. Underwood Oct 2013

Something Bad In Your Briefs, Richard H. Underwood

Law Faculty Scholarly Articles

In a profession heavily driven by writing, plagiarism is an ethical issue that plagues the legal community. The legal profession generally views plagiarism as unethical, but often sends mixed messages by condemning it in some settings, but not others. In this short Commentary, Professor Underwood discusses the ethical implications of plagiarism in legal writing.


Thoughtful Practitioners And An Engaged Legal Community: The Impact Of The Teaching Of Procedure On The Legal Profession And On Civil Justice Reform, Janet Walker, Andrew Higgins, Thomas D. Rowe Jr., Carla Crifò Oct 2013

Thoughtful Practitioners And An Engaged Legal Community: The Impact Of The Teaching Of Procedure On The Legal Profession And On Civil Justice Reform, Janet Walker, Andrew Higgins, Thomas D. Rowe Jr., Carla Crifò

Osgoode Hall Law Journal

What difference does the teaching of civil procedure as an academic subject make to the practice of law, to the professional community in which lawyers practice, and to civil justice reform? In this article, proceduralists from Canada, England and Wales, the United States and Australia analyze the broader implications of teaching civil procedure as an integral feature of an academic legal education rather than as a part of vocational training. They consider ways in which the approach taken to the teaching of procedure in their legal system has influenced the evolution of the profession during a decade of increased public …


E-Discovery 2.0, Lumen N. Mulligan, Joyce Isaacs Oct 2013

E-Discovery 2.0, Lumen N. Mulligan, Joyce Isaacs

Faculty Works

No abstract provided.