Legal Profession Commons^™

Mediation Ethics: A Camp Courthouse Colloquy, United States Court Of Appeals For The Second Circuit, Robert Katzmann, Kathleen M. Scanlon, John Feerick

Cardozo Journal of Conflict Resolution

On January 18, 2017, the United States Court of Appeals for the Second Circuit held its first Court Appeals Mediation Program "Courthouse Colloquy." The subject of the colloquy was mediation and ethics. What follows is a transcript of the discussions.

Preparing For The Law Library Of The Future: Required Reading, Shannon M. Roddy

Newsletters & Other Publications

Law Library Lights, vol. 60, issue 3

Introductions, Melanie B. Leslie

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Accountability In Corporate Governance In China And The Impact Of Guanxi As A Double-Edged Sword, Andrew Keay, Jingchen Zhao

Brooklyn Journal of Corporate, Financial & Commercial Law

Accountability is an essential aspect of corporate governance and it has been argued that the “wenze” system of accountability in China comes very close to the accountability systems developed in Anglo-American corporate governance. This Article examines the role of cultural factors, namely guanxi and its derivatives, in corporate governance in China to determine what effect, if any, these cultural factors have on the operation and development of the “wenze” system in large listed companies. The Article specifically considers whether the cultural elements affect accountability, and if so, how and to what extent. It also explores whether these cultural factors are …

Promoting Dignity And Preventing Shame And Humiliation By Improving The Quality And Education Of Attorneys In Sexually Violent Predator (Svp) Civil Commitment Cases, Heather Ellis Cucolo, Michael L. Perlin

Articles & Chapters

In Strickland vs. Washington, the Supreme Court acknowledged that the role of counsel is critical to the ability of the adversarial system to best insure that just results are produced. Yet, the Court did not elaborately define the Sixth Amendment constitutional right to counsel and lower courts, have set the bar shockingly low.

In this article we examine the quality of attorneys who litigate Sexually Violent Predator Act (SVPA) cases, and conclude that a failure to apply a higher standard of adequate counsel – beyond what was set out in Strickland – results in humiliation, shame and lack of dignity …

Reimagining Legal Education: Incorporating Live-Client Work Into The First-Year Curriculum, Nancy Vettorello, Beth Hirschfelder Wilensky

Articles

Since 2015, Legal Practice faculty have partnered with local legal services organizations and the law school’s own clinics to provide our 1L students with client interaction, under the close supervision of experienced attorneys. So far, our students have worked with the Michigan Immigrant Rights Center, Legal Services of South Central Michigan, and the school’s Unemployment Law Clinic.

Afterword - Agape And Reframing, James Boyd White

Other Publications

In a provocative essay, philosopher Jeffrie Murphy asks: 'what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?'. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book aims to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as …

The Advent Of Lawyers In Japanese Government, Daniel H. Foote

Articles

Until 2003, Japanese lawyers were prohibited by law from entering full-time employment in governmental bodies. That year, in line with recommendations by the Justice System Reform Council, the Lawyers Act was amended to permit lawyers to undertake such employment. Incorporating information and insights from interviews with former government lawyers and other concerned parties, this article examines the rise in the hiring of government lawyers and its impact. The article considers factors that have contributed to the increase, examines the roles played by these lawyers, considers prospects for the future, and discusses implications for government, the legal profession, clients, and legal …

Jury Simulation Goals, Jonathan J. Koehler, John B. Meixner Jr.

Scholarly Works

What are the goals that researchers who conduct jury simulations have or should have? Drawing on Pennington and Hastie (1981), we identify three primary goals: (1) develop theory, (2) describe how juries perform, and (3) improve the jury process. Where basic theory matters most, studies should be designed in ways that stress internal validity. Where describing the behaviors of real juries or persuading policy makers about changes that should be made, studies should focus on external and ecological validity as well. We urge researchers who are interested in describing jury behavior and improving the jury process to conduct ecologically valid …

Book Review. Glass Half Full: The Decline And Rebirth Of The Legal Profession By Benjamin H. Barton, William D. Henderson

Articles by Maurer Faculty

No abstract provided.

Reconstructing Professionalism, Dana A. Remus

Georgia Law Review

Amidst widespread calls of crisis in the American legal
profession, scholars, commentators and bar leaders are
proposing that we rely on market logic to address the
problems and challenges of contemporary lawyering.
Proposed reforms seek to unbundle, commoditize, and
automate as many legal services as possible; to allow non-
lawyers to capitalize law firms and litigation; and to
permit services providers with limited or no legal training
to perform a wide range of legal tasks. In much the same
way that policymakers in the 1980s and 1990s came to
accept market-based deregulatory reforms to industries
across the country, today's ethics …

"G" Is More Than "Pc" For Georgia: Why Prospective Adoption Of Aba Model Rule 8.4(G) Is A Viable Measure To Combat Discrimination And Harassment, Katie M. Wroten

Georgia Law Review

In August 2016, the American Bar Association
passed Model Rule 8.4(g) into its Model Rules of
Professional Conduct. The rule declares it misconduct
for a lawyer to harass or discriminate based on race,
sex, religion, national origin, ethnicity, disability, age,
sexual orientation, gender identity, marital status or
socioeconomic status. The scope of the rule extends to
lawyers' conduct outside of the courtroom, including
conduct related to the practice of law. The rule aims to
eliminate bias in the profession and justice system.
The Supreme Court of Georgia has yet to adopt any
version of Model Rule 8.4(g) in its comment …

The Organization Of Prosecutorial Discretion, William H. Simon

Faculty Scholarship

Contemporary understanding of prosecutorial discretion is influenced by anachronistic conceptions of judgment and organization. These conceptions have lost ground dramatically in professions like medicine, teaching, and social work. Yet, they remain prominent to a unique degree in law. They are embedded both in the general professional culture and in legal doctrine. Innovative prosecutorial practices have emerged in recent decades, but their progress has been inhibited by attachment to these older conceptions.

The older conceptions understand professional judgment as a substantially tacit and ineffable decision by a single professional grounded in a relatively static and comprehensive discipline. The associated model of …

The Case For A Uniform Cut Score, Joan W. Howarth

Scholarly Works

To our detriment, attorneys have become accustomed to state-by-state disparities in the cut score for our national, multiple choice licensing test, the Multistate Bar Exam (MBE). MBE cut scores range from 129 in Wisconsin to 145 in Delaware. The states with the most licensed attorneys, New York and California, use MBE cut scores of 133 and 144, respectively, which land on different sides of the national MBE score bell curve bulge. No one pretends that these disparities are justified because practicing law as a new lawyer is more difficult in California than in New York. The MBE cut score is …

Talent Systems For Law Firms, William D. Henderson

Articles by Maurer Faculty

irtually every large US law firm owes its rise and success to a talent system it adopted several decades ago. These talent systems were effective because they created highly skilled business lawyers in a way that aligned the interests of partners, associates, and clients. The most prominent example is the Cravath System, though other business lawyers throughout the US were making similar discoveries at roughly the same time. The tremendous forward momentum of these first-generation talent systems has created the problem of ahistorical partners — owners who collect the late-stage benefits of a talent system approach without understanding its original …

Efficiency Engines: How Managed Services Are Building Systems For Corporate Legal Work, William D. Henderson

Articles by Maurer Faculty

No abstract provided.

Law As Instrumentality, Jeremiah A. Ho

All Faculty Scholarship

Our conceptions of law affect how we objectify the law and ultimately how we study it. Despite a century’s worth of theoretical progress in American law—from legal realism to critical legal studies movements and postmodernism—the formalist conception of “law as science,” as promulgated by Christopher Langdell at Harvard Law School in the late-nineteenth century, still influences methodologies in American legal education. Subsequent movements of legal thought, however, have revealed that the law is neither scientific nor “objective” in the way the Langdellian formalists once envisioned. After all, the Langdellian scientific objectivity of law itself reflected the dominant class, gender, power, …

Technology And Data As Lawyers’ Allies: From Data To Insights, Zi Qian Chang, Edmund Koh, Jerrold Soh, Bu Fan

Research Collection Yong Pung How School Of Law

A lawyer’s tools of the trade were his law books. In those days, a firm’s library was very manageable. There were few commentaries and the text of the law – cases and legislation – were self-contained. Local case law that was reported took up only a volume each year in the Malayan Law Journal. Older firms may have had the early Kyshe’s law reports. Statutes were contained in four volumes – DK Walters, who had written the definitive commentary on Municipal Ordinances, was published in one volume. Roland Braddell’s ‘The Law of the Straits Settlements’ was another volume. For a …

Trending @ Rwu Law: Dean Yelnosky's Post: Jobs Data 12-22-2016, Michael Yelnosky

Law School Blogs

No abstract provided.

Newsroom: 'Champions For Justice' Honored 12-19-2016, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.