Legal Profession Commons^™

Laura Chisolm: Colleague, Peer, Friend, Jonathan L. Entin

Faculty Publications

Tribute to Laura Chisolm

Volume 79 (2011-2012)

Tennessee Law Review

No abstract provided.

Crisis Regulation, James E. Moliterno

Scholarly Articles

The article presents information on the regulation of crisis in legal profession. It reflects on the legal profession of the U.S. that has engaged in regulatory reform in response to crisis. It explains that a few changes in the status quo may lead legal profession to react to crisis and discusses it with the help of immigration in the twentieth century, Watergate and globalization. It states that with the wake of the Watergate revelations there is an increase in the crisis in legal profession.

Behind Closed Doors: Irb's And The Making Of Ethical Research, Xiaomeng Zhang

Law Librarian Scholarship

In the late 1700s, English physician Edward Jenner intentionally exposed his infant son to swinepox and an eight-year-old boy to cowpox in order to observe whether they would become immune to related smallpox, a disease. While modern history of human experimentation can be traced back to the eighteenth century, the topic did not engage significant public attention until 1946, when the Nuremberg trials disclosed horrific medical experiments carried out by Nazi scientists. Now, almost all research involving human subjects is subject to prior review and ongoing monitoring by institutional review boards, or IRBs. Behind Closed Doors: IRBs and the Making …

Law Faculty Blogs And Disruptive Innovation, J. Robert Brown Jr.

Sturm College of Law: Faculty Scholarship

The role of blogging in legal academia has been much debated. Some view the discipline as the antithesis of scholarship, a medium that allows faculty to broadcast ignorant or confused opinions. Others have viewed blogging by law faculty more favorably, focusing on the approach as a means of promoting traditional scholarship. While the debate has been ongoing, the matter has largely been resolved by actual practice. In the realm of legal scholarship, faculty law blogs are a disruptive innovation. Disruptive innovation usually connotes the introduction of a new technology that eventually destabilizes an existing market. Often, the technology, when introduced, …

Learning From Clergy Education: Externships Through The Lens Of Formation, Daisy Hurst Floyd, Timothy Floyd, Sarah Gerwig-Moore

Articles

Educating Lawyers, the 2007 Carnegie Foundation study of legal education, challenges law schools to become more intentional about educating students for formation of professional identity. Noting that clergy education has focused more on the formative aspects of professional education than have other professional schools, the study suggests that legal educators could learn a great deal from clergy education about teaching for professional identity formation. Taking that suggestion to heart, the authors undertook an examination of clergy education, with a particular focus on the role of field education in students’ personal and professional formation. This article reports on that examination …

Preserving The Rule Of Law In The 21st Century: The Importance Of Infrastructure And The Need To Create A Global Lawyer Regulatory Umbrella Organization, Laurel S. Terry

Faculty Scholarly Works

No abstract provided.

Miami's Medical-Legal Partnership: Preparing Lawyers And Physicians For Holistic Practice, Jonel Newman

Articles

No abstract provided.

Law As A Profession: Examining The Role Of Accountability, Susan Saab Fortney

Fordham Urban Law Journal

No abstract provided.

First-Year Law Faculty Are Uniquely Poised To Mentor Stellar Students For Elbow Employment With Judges, Laurie A. Lewis

Scholarly Articles

Judicial clerkships are in high demand for new law graduates. In this tight job market, applicants must possess outstanding applications. Applicants must be not only practice-ready, but also clerkship-ready. They must be people-oriented, with superb oral communication skills. They must be outstanding researchers and writers. And they must have a passion for discovering truth and promoting justice.

Students should embark on a clerkship-ready path during their first year of law school. First-year faculty members are uniquely poised to identify students with skills and traits inherent to successful clerks. Such students demonstrate intellectual excellence, superior work habits, and an ability to …

The Training, Appointment, And Supervision Of Islamic Lawyers In The Federal Territories Of Malaysia, Amanda Whiting

Washington International Law Journal

Although much has been written about the place of Islam, as law and as religion, in Malaysia, considerably less attention has been paid to Islamic lawyers (“peguam syarie”). This article undertakes a preliminary examination of a topic that demands closer scrutiny, relying chiefly upon parliamentary acts, state enactments and the rules made pursuant to them, as well as in-depth oral history interviews with Islamic and secular lawyers that were recorded from May through August 2010. It describes the training and practice of Islamic lawyers in one jurisdiction of the federation of Malaysia—the Federal Territories of Kuala Lumpur, Putrajaya …

The Training, Appointment, And Supervision Of Islamic Lawyers In Indonesia, Ratno Lukito

Washington International Law Journal

Lawyers who practice before Islamic courts play a crucial role in framing and presenting the issues for decision and in mediating between the courts that apply Islamic law and the public who have recourse to the state’s official Islamic legal institutions, but research on the professional training and governance of these lawyers is almost entirely lacking at present. This article offers a descriptive overview of the training, work, and professional regulation of Islamic lawyers in contemporary Indonesia. This material is presented in a clear format, structured to highlight key aspects of how these lawyers are trained, accredited, and organized. In …

The Training, Appointment, And Supervision Of Islamic Lawyers In Singapore, Nik Hasyila Bte Nik Ibrahim

Washington International Law Journal

This article provides a snapshot of the administration of Muslim law as practiced in Singapore through the prism of the legal profession. In particular, it provides a brief background on the role of the legal profession in the administration of justice at the Syariah Court of Singapore. While it is beyond the scope of this paper to urge for institutional and legal reform, the paper nonetheless highlights the absence of a dedicated and specialized training program that can aid lawyers to be familiar with Muslim law and jurisprudence and provide better representation to their clients at the Syariah Court.

Plagiarism In Lawyers' Advocacy: Imposing Discipline For Conduct Prejudicial To The Administration Of Justice, Douglas E. Abrams

Faculty Publications

In a recent high-profile prosecution, the federal district court criticized defense counsel for filing a post-trial brief that copied passages from previously published material without attribution. The court followed other recent decisions that, since about 2000, have chastised lawyers for briefs marked by plagiarism. Some lawyers had copied passages from earlier judicial opinions that rest in the public domain, and some lawyers (as in the recent prosecution) had copied passages from private sources that are subject to the copyright laws. In either event, courts have labeled lawyers’ plagiarism “reprehensible,” “intolerable,” “completely unacceptable,” and “unprofessional.”

Professor Kingsfield In Conflict: Rhetorical Constructions Of The U.S. Law Professor Persona(E), Carlo A. Pedrioli

Faculty Scholarship

At least since the 1960s, a “‘two cultures’ phenomenon” has become quite apparent within the legal field in the United States. On one hand, some lawyers, usually those within the university, have been more academically oriented, and, on the other hand, other lawyers, usually those in legal practice or sitting on the bench, have been more pragmatically oriented. Problems arise when these two groups begin to talk differently from each other. In a way, the field of law has developed into at least two different legal professions, and, not surprisingly, scholars and practitioners have experienced tension because of this situation. …

Race To The Finish Line: Legal Education, Jobs, And The Stuff Dreams Are Made Of, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

It is true that the recession of 2008–2009 seriously undermined the job market for both new and experienced lawyers. It is also true that legal education is expensive, and many students pay for it through loans that have to be repaid after graduation. And it is well documented that some law schools misstated employment and other statistics in the tight, competitive job market of recent years. But connecting the dots in this case does not lead to a conclusion that our system of legal education is bankrupt or that law school is not an excellent career choice for many students. …

Whose Ethics? The Benchmark Problem In Legal Ethics Research, Elizabeth Chambliss

Faculty Publications

How should we interpret differences between junior and senior lawyers’ perceptions of ethicality in the workplace? One theory holds that junior lawyers are more reliable informants; that their perceptions are not yet corrupted by self-interest and the demands of practice and therefore will tend to be closer to universal or ordinary morality. This is the predominant theory in the academic literature on large law firms, which tends to portray large law firms as being in perpetual moral decline. To some extent, this corruption narrative informs all critical legal ethics research.

An alternative theory holds that junior lawyers are inexperienced and/or …

Making Good Lawyers, Eli Wald, Russell G. Pearce

Faculty Scholarship

Today, the criticism of law schools has become an industry. Detractors argue that legal education fails to effectively prepare students for the practice of law, that it is too theoretical and detached from the profession, that it dehumanizes and alienates students, too expensive and inapt in helping students develop a sense of professional identity, professional values, and professionalism. In this sea of criticisms it is hard to see the forest from the trees. “There is so much wrong with legal education today,” writes one commentator, “that it is hard to know where to begin.” This article argues that any reform …

A Demanding Boss, Rodger D. Citron

Touro Law Review

No abstract provided.

Getting It Right, Eileen Kaufman

Touro Law Review

No abstract provided.