Legal Profession Commons^™

The Trouble With Lawyer Regulation, James E. Moliterno

Scholarly Articles

The American legal profession has been a backward-looking, change-resistant institution. It has failed to adjust to changes in society, technology, and economics, despite individual lawyers' efforts to change their own practices and entrepreneurs' efforts to enter the legal marketplace to serve the needs of middle- and lower-income clients. When change does come, the legal profession is a late- arriver, usually doing no better than catching up to changes around it that have already become well ensconced. This failure robs society of what could be a positive role of the legal profession in times of change, and it deprives the profession …

Just Because You Can Doesn’T Mean You Should: Reconciling Attorney Conduct In The Context Of Defamation With The New Professionalism, Heather M. Kolinsky

Scholarly Articles

The Florida Bar has recently proposed enforceable professionalism standards. While many states have professionalism codes they remain aspirational and unenforceable. Florida’s move toward enforceable professionalism standards is laudable, but raises concerns about how moving a “step above” the floor of the rules of professional conduct will affect advocacy and practice.

This paper examines how a shift to enforceable professionalism standards may impact absolute immunity. The paper suggests that as other states consider similar standards or simply how to better policy professionalism, perhaps it is time to also consider how discipline is imposed with respect to defamatory statements that are otherwise …

Client Science: Advice For Lawyers On Initial Client Interviews, Marjorie Corman Aaron

Faculty Articles and Other Publications

My intent is to offer an informed, wise, practical, and concise guide for initial lawyer-client meetings – meetings that are mostly an interview process for the client and the lawyer. It is written for the Client Science Course website to supplement my book, Client Science: Advice for Lawyers on Counseling Clients Through Bad News and Other Legal Realities (Oxford University Press, 2012), referred to here as Client Science. That book was intentionally focused on particular challenges of client counseling

Lawyers Bring Big Screen Drama To The Courtroom: How Popular Culture's Influence On The Law Has Created The Need For "Professional Witnesses", Katherine Lee Klapsa

Barry Law Review

No abstract provided.

2013 Report On The State Of The Legal Market, Georgetown University Law Center, The Center For The Study Of The Legal Profession

CSLP Papers & Reports

As we enter 2013, the legal market continues in the fifth year of an unprecedented economic downturn that began in the third quarter of 2008. At this point, it is becoming increasingly apparent that the market for legal services in the United States and throughout the world has changed in fundamental ways and that, even as we work our way out of the economic doldrums, the practice of law going forward is likely to be starkly different than in the pre-2008 period. The challenge for lawyers and law firms is to understand the ways in which the legal market has …

Contents

Tennessee Law Review

No abstract provided.

Intellectual Property Law - Copyright Law - Applicability Of "First Sale" Doctrine To Copies Of Copyrighted Works Lawfully Produced Abroad, Mitchell Ashkenaz

Tennessee Law Review

No abstract provided.

Complexity In Property, Meredith M. Render

Tennessee Law Review

This Article illuminates the largely misunderstood relationship between complexity and the regulation of property interests. Specifically, the Article presents the "complexity thesis" -a novel explanatory account of the principle of numerus clausus. The principle of numerus clausus is an ancient common law rule that prohibits the customization of property interests. The complexity thesis holds that the primary function of numerus clausus is to prevent the proliferation of highly idiosyncratic property interests. In so doing, numerus clausus provides a bulkhead against the overwhelming complexity that would ensue if customized property interests were permitted.

For the last fifteen years, numerus clausus has …

Dog Days In The Law Library: Philosophical, Financial, And Administrative Issues Raised By Faculty Summer Grant Programs, Robert M. Jarvis

Faculty Scholarship

Robert Jarvis, Dog Days in the Law Library: Philosophical, Financial, and Administrative Issues Raised by Faculty Summer Grant Programs, 37 Nova Law Review 309 (2013).

Law School: A Few Short And Plain Statements, Erin Albert

Butler University Books

Do you want to go to law school? Better read this book first. With the crush of the economic downturn and tight job market, law school might be the right choice for you...or not. After having a first profession, author Erin Albert decided to attend law school, and graduated in May, 2012. After publishing several books, Dr. Albert wanted to publish a book about what law school is "really like." Here are the Top 10 Reasons Why You Should Read This Book:

10. You can live vicariously through the author's experience instead of putting yourself through the very expensive and …

Medicine And Law As Model Professions: The Heart Of The Matter (And How We Have Missed It), Rob Atkinson

Scholarly Publications

This article has two coordinate goals: to undergird the functionalist understanding of professionalism with classical normative theory and to advance the classical theory of civic virtue with the insights of modern social science. More specifically, this article seeks to connect classical theories about the care of the body and the soul with modern theories of market and government failure. The first step is to distinguish two kinds of professions, caring professions like medicine and public professions like law, by identifying the distinctive virtue of each. The distinctive virtue of the caring professions is single-minded commitment to those in their care, …

Much Ado About Authentication, Richard Leiter

Marvin and Virginia Schmid Law Library: Faculty Publications

Much can be said about how libraries are adapting and new ways that we can continue to adapt to the rise in importance of digital resources and services. But there is a unique challenge that law libraries face that this article will attempt to address: the problem of authenticating digital legal materials. This necessity of authenticating legal materials has been articulated many times. However, there may actually be no need for authentication at all.

The question of authentication is a very important one to answer because law libraries have the responsibility of providing accurate versions of primary legal materials. It …

Volume 80 (2012-2013)

Tennessee Law Review

No abstract provided.

Depositions Of Other Lawyers, Douglas R. Richmond

Tennessee Law Review

No abstract provided.

The Virtues And Vices Of Clarity In Trademark Law, David S. Welkowitz

Tennessee Law Review

No abstract provided.

Aligning Law And Forum: The Home Court Advantage, Verity Winship

Tennessee Law Review

When courts and legislatures choose where to resolve a dispute, they often must consider whether questions of law should be decided in the "home" court. When should, for instance, Delaware state courts decide questions of Delaware state law? The choice between the home forum and others is particularly stark in corporate law, where out-of-state courts must often apply the law of the state of incorporation. Litigation over corporate deals increasingly takes place in multiple, competing jurisdictions, presenting a clear choice between resolution in the home court or out of state. Beyond corporate law, the question arises any time legislatures must …

Los Juristas Académicos De Venezuela: Historia Institucional Y Biografía Colectiva, Rogelio Pérez Perdomo

Faculty Books

Indice:
Capítulo 1. El estudio histórico-social de los juristas académicos: producción intelectual y papel político.
Capítulo 2. La independencia y la construcción inicial del estado (1800-1847).
Capítulo 3. Tiempos de disgregación y autoritarismo (1848-1958).
Capítulo 4. Institucionalización de la investigación y sus límites (1959-2012).
Capítulo 5. Conocimiento, política y revolución. - Apéndice: Mini biografías de los juristas académicos analizados.
Referencias.

Constructing Modern-Day U.S. Legal Education With Rhetoric: Langdell, Ames, And The Scholar Model Of The Law Professor Persona, Carlo A. Pedrioli

Faculty Scholarship

This article explains how lawyers like Christopher Columbus Langdell and James Barr Ames, a disciple of Langdell, employed rhetoric between 1870, when Langdell assumed the deanship at Harvard Law School, and 1920, when law had emerged as a credible academic field in the United States, to construct a persona, that of a scholar, appropriate for the law professor situated within the university. To do so, the article contextualizes the rhetoric with historical background on the law professor and legal education, draws upon rhetorical theory to give an overview of persona theory and persona analysis as a means of conducting the …

Will Law Firms Go Public, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Teaching Professional Identity In Law School, Martin J. Katz

Sturm College of Law: Faculty Scholarship

Law schools are in the business of teaching students legal doctrine. Since the introduction of the case method at Harvard Law School in the late 1800s, law schools regularly have taught students how to find doctrine (research); how to identify doctrine (reading cases and other legal texts); how to understand doctrine (exploring the limits of legal texts, and applying rules from old texts to new facts); and how to critique doctrine (discussing whether a particular rule is a good one, based on the goals the rule might seek to accomplish). In more recent times, law schools’ stakeholders—including clients, firms, judges, …