Ode To Judge Leon D. Lazer,
2012
Touro Law Center
States Side Story: Career Paths Of International Ll.M. Students, Or "I Like To Be In America",
2012
Indiana University Maurer School of Law
States Side Story: Career Paths Of International Ll.M. Students, Or "I Like To Be In America", Carole Silver
Articles by Maurer Faculty
This Article draws on an empirical study of the careers of international law graduates who earned an LL.M. in the United States, and considers the role of a U.S. LL.M. as a path for building a legal career in the United States. It identifies the institutional, political, and economic forces that present challenges to graduates who attempt to stay in the United States. While U.S. law schools prize the international diversity of their graduate students, this study reveals that the U.S. legal profession is most accessible to international students from English-speaking common law countries, whose language and background allow them …
The Pedigree Problem: Are Law School Ties Choking The Profession?,
2012
Indiana University Maurer School of Law
The Pedigree Problem: Are Law School Ties Choking The Profession?, William D. Henderson, Rachel M. Zahorsky
Articles by Maurer Faculty
No abstract provided.
Child Representation In America: Progress Report From The National Quality Improvement Center,
2012
University of Michigan Law School
Child Representation In America: Progress Report From The National Quality Improvement Center, Donald N. Duquette, Julian Darwall
Articles
Few dispute that children in the child welfare system need effective representation. In October 2009, the U.S. Children's Bureau named the University of Michigan Law School the National Quality Improvement Center on the Representation of Children in the Child Welfare System (QIC-ChildRep). The QIC-ChildRep is a five-year, multimillion dollar project, charged with gathering, developing, and communicating knowledge on child representation. In addition, the QIC-ChildRep is tasked with promoting a consensus on the role of the child's legal representative and providing one of the first random assignment experimental design research projects on the legal representation of children.
The Paradox And Promise Of Restorative Attorney Discipline,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Paradox And Promise Of Restorative Attorney Discipline, Jennifer Gerarda Brown, Liana G.T. Wolf
Nevada Law Journal
No abstract provided.
Restorative Lawyer Discipline In Australia,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Restorative Lawyer Discipline In Australia, Linda Haller
Nevada Law Journal
No abstract provided.
Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
The Promise Of Client-Centered Professional Norms,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Promise Of Client-Centered Professional Norms, Katherine R. Kruse
Nevada Law Journal
No abstract provided.
Child Welfare Cases Involving Mental Illness: Reflections On The Role And Responsibilities Of The Lawyer-Guardian Ad Litem,
2012
University of Michigan Law School
Child Welfare Cases Involving Mental Illness: Reflections On The Role And Responsibilities Of The Lawyer-Guardian Ad Litem, Frank E. Vandervort
Articles
Child welfare cases involving mental illness suffered either by a child or his parent can be among the most difficult and perplexing that a child’s lawyerguardian ad litem (L-GAL) will handle. They may present daunting problems of accessing necessary and appropriate services as well as questions about whether and when such mental health problems can be resolved or how best to manage them. They also require the L-GAL to carefully consider crucially important questions—rarely with all the information one would like to have and too often with information that comes late in the case, is fragmented or glaringly incomplete. This …
Where Is The "Quality Movement" In Law Practice?,
2012
Columbia Law School
Where Is The "Quality Movement" In Law Practice?, William H. Simon
Faculty Scholarship
The "Quality Movement" that originated in industrial production and has since influenced the professions prescribes standardized work, root cause analysis of errors, peer review, and performance measurement. While these reforms have transformed medicine and some other professions, their influence has lagged in the legal profession. This Essay reviews the limited progress of the reforms in law and assesses the cultural, institutional, and doctrinal obstacles they face.
There Is No Summer In The Courtroom,
2012
University of Washington School of Law
There Is No Summer In The Courtroom, Maureen A. Howard
Articles
Pacific Northwesterners frequently lament summer’s delayed arrival to our verdant corner of the country, and this year is no exception. June was unseasonably cool and wet, and the first official weekend of summer brought grey skies, chilly breezes, and sheets of rain. It is no surprise, then, that each year, as August approaches and summer seems to have truly arrived, locals eagerly search their closets for rarely-used warm-weather attire. Lawyers are not immune from the lure to celebrate summer’s overdue arrival by breaking out tank tops, flip-flops, sunglasses, and shorts. Nonetheless, a trial lawyer needs to remember that although summer …
A History Of Professionalism: Julius Henry Cohen And The Professions As A Route To Citizenship,
2012
New York Law School
A History Of Professionalism: Julius Henry Cohen And The Professions As A Route To Citizenship, Rebecca Roiphe
Articles & Chapters
This paper revives the notion that professionalism and the legal profession can serve as a mechanism for immigrants and those who are not born into wealth or privilege to achieve status. I draw on the example of Cohen, a Jewish lawyer who achieved a great deal of success within the profession in the early 20th Century, to argue that the rhetoric surrounding the professions allows immigrants and others to use professional success to find their way to full inclusion and citizenship. While acknowledging the merits of the critiques of the professions as rent-seeking cartels, I argue that professionalism is an …
The Flood Of U.S. Lawyers: Natural Fluctuation Or Professional Climate Change?,
2012
Fordham University School of Law
The Flood Of U.S. Lawyers: Natural Fluctuation Or Professional Climate Change?, Bruce A. Green
Faculty Scholarship
This paper considers how US courts, which regulate the US legal profession, should respond to the perceived excess of lawyers (i.e. to the lack of adequate employment opportunities for lawyers). It begins by summarizing the courts’ regulatory role. It then situates the contemporary flood-of-lawyers problem in the unavailability of well-paid legal work, not in the absence of a need for lawyers’ services: many people need lawyers, but they cannot afford them. Next, the paper explores whether the problem is simply a product of natural economic fluctuation which will be solved naturally, particularly if potential law school applicants become better informed, …
Conflicts As Inner Trials: Transitions For Clients, Ideas For Lawyers,
2012
University of Florida, Levin College of Law
Conflicts As Inner Trials: Transitions For Clients, Ideas For Lawyers, Jonathan R. Cohen
Cardozo Journal of Conflict Resolution
As times of transition, conflicts often produce significant inner trials for parties. This paper categorizes some of the more common inner trials parties in conflict face (e.g., coping with loss, strong emotions, uncertainty, etc.) and suggests that, as liminal times in people's lives, some conflicts may also hold within them important opportunities for learning, growth and self-definition. This paper also offers some ideas for how lawyers might best assist clients during such transitions.
Do Not Go Gentle: Using Emeritus Pro Bono
Attorneys To Achieve The Promise Of Justice,
2012
University of Arkansas at Little Rock William H. Bowen School of Law
Do Not Go Gentle: Using Emeritus Pro Bono Attorneys To Achieve The Promise Of Justice, Kelly S. Terry
Law Faculty Scholarship
No abstract provided.
Prosecutors And Professional Regulation,
2012
Fordham University School of Law
Prosecutors And Professional Regulation, Bruce A. Green
Faculty Scholarship
Prosecutors often express mistrust of professional regulators, their rules and their processes. This may have been more understandable twenty years ago, when prosecutors perceived that the organized bar had been captured by defense lawyers seeking to use professional regulation as a means of imposing limits on criminal investigative authority that the law did not otherwise recognize. Although that criticism no longer has much basis in reality, it has persisted in the rhetoric prosecutors employ in advocacy regarding their professional conduct. This article explores prosecutors’ public attitude toward professional regulation, beginning with a brief account of their responses two decades ago, …
The Virtue Of Low Barriers To Becoming A Lawyer: Promoting Liberal And Democratic Values [With Sinna Nasseri],
2012
Fordham University School of Law
The Virtue Of Low Barriers To Becoming A Lawyer: Promoting Liberal And Democratic Values [With Sinna Nasseri], Russell G. Pearce, Sinna Nasseri
Faculty Scholarship
This article offers a new perspective on how to determine whether barriers to practicing law are appropriate. It identifies a connection between those barriers and the role of legal services providers (‘lawyers’) in permitting individuals to obtain their basic political and economic rights in a liberal democracy. Democratic values require making legal services as equally available as possible to all citizens, while liberal values dictate that each individual has access in order to enforce human rights, compete in a market economy, and engage in a legal system grounded in the rule of law. Liberal and democratic values therefore require the …
Learning From The Unique And Common Challenges: Clinical Legal Education In Jordan,
2012
Yarmouk University
Learning From The Unique And Common Challenges: Clinical Legal Education In Jordan, Nisreen Mahasneh, Kimberly A. Thomas
Articles
Legal education worldwide is undergoing scrutiny for its failure to graduate students who have the problem-solving abilities, skills, and professional values necessary for the legal profession.1 Additionally, law schools at universities in the Middle East have found themselves in an unsettled environment, where greater demands for practical education are exacerbated by several factors such as high levels of youth unemployment. More specifically, in Jordan there is a pressing need for universities to respond to this criticism and to accommodate new or different methods of legal education. Clinical legal education is one such method.3 We use the term "clinical legal education" …
Building Resilience In Foster Children: The Role Of The Child's Advocate,
2012
University of Michigan Law School
Building Resilience In Foster Children: The Role Of The Child's Advocate, Frank E. Vandervort, James Henry, Mark A. Sloane
Articles
This Article provides an introduction to, and brief overview of trauma, its impact upon foster children, and steps children's advocates" can take to lessen or ameliorate the impact of trauma upon their clients. This Article begins in Part 11 by defining relevant terms. Part III addresses the prevalence of trauma among children entering the child welfare system. Part IV considers the neurodevelopmental (i.e., the developing brain) impact of trauma on children and will explore how that trauma may manifest emotionally and behaviorally. With this foundation in place, Part V discusses the need for a comprehensive trauma assessment including a thorough …
The Evolution Of The Common Law And Efficiency,
2012
Texas A & M University Law School
The Evolution Of The Common Law And Efficiency, Nuno Garoupa, Carlos Liguerre
Faculty Scholarship
The efficiency of the common law hypothesis has generated a large bulk of literature in the last decades. The main argument is that there is an implicit economic logic to the common law; the doctrines in common law provide a coherent and consistent system of incentives which induce efficient behavior.
We start by observing that if the common law is overall evolutionarily efficient, we are left with no explanation for the important doctrinal differences across common law jurisdictions. The observation is more striking if we keep in mind that presumably the de jure initial condition was the same, namely English …
