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Volume 35, Issue 2 (Fall 2011), 2011 University of Missouri School of Law

Volume 35, Issue 2 (Fall 2011)

Transcript

No abstract provided.


Nebraska Transcript (University Of Nebraska College Of Law), Volume 44, Number 2, Fall 2011, 2011 University of Nebraska - Lincoln

Nebraska Transcript (University Of Nebraska College Of Law), Volume 44, Number 2, Fall 2011

Nebraska Transcript

Dean’s Message 2
Faculty Update Profile: Marty Gardner 4
Whistleblowing Dilemma 6
Faculty Notes 10
Mediation Turns Twenty 16
Medill Creator of New Book Series 19
Willborn Chair of LSAC 20
Beard Returns to Midwest 23
Moberly Appointed to New Role 25
Sheppard Brings Patent Law Back 26
Around the College Feature: Justice Clarence Thomas 28
Admissions Report 31
Presidential Management Fellows Program 33
LL.M. Report 36
Leiter Spends Semester At Harvard 38
2011 Commencement 42
ACLU President Delivers Lane Lecture 46
Judge Bennett & Implicit Bias 47
College Hosts ABA Regional Conference 48
“Futurama” Producer Visits College 49
Feature: …


Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market, Michele M. DeStefano, John C. Coates, Ashish Nanda, David B. Wilkins 2011 University of Miami School of Law

Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market, Michele M. Destefano, John C. Coates, Ashish Nanda, David B. Wilkins

Articles

How are relationships between corporate clients and law firms evolving? Drawing on interview and survey data from 166 chief legal officers of S&P 500 companies from 2006-2007, we find that-contrary to standard depictions of corporate client-provider relationships-(1) large companies have relationships with ten to twenty preferred providers; (2) these relationships continue to be enduring, and (3) clients focus not only on law firm platforms and lead partners, but also on teams and departments within preferred providers, allocating work to these subunits at rival firms over time and following "star" lawyers, especially if they move as part of a team. The …


The Law School Firm, Bradley T. Borden, Robert J. Rhee 2011 University of Florida Levin College of Law

The Law School Firm, Bradley T. Borden, Robert J. Rhee

UF Law Faculty Publications

This Article introduces the concept of the law school firm. The concept calls for law schools to establish affiliated law firms. The affiliation would provide opportunities for students, faculty, and attorneys to collaborate and share resources to teach, research, write, serve clients, and influence the development of law and policy. Based loosely on the medical school model, the law school firm will help bridge the gap between law schools and the practice of law.


The Path Between Sebastian's Hospitals: Fostering Reconciliation After A Tragedy, Jonathan R. Cohen 2011 University of Florida Levin College of Law

The Path Between Sebastian's Hospitals: Fostering Reconciliation After A Tragedy, Jonathan R. Cohen

UF Law Faculty Publications

On October 8, 2007, Horst and Luisa Ferrero brought their healthy but short, three-year-old son Sebastian to a university hospital for a “routine” test to determine whether he lacked human growth hormone. Two days later, following a tragic string of errors, Sebastian was pronounced brain dead. Approximately two weeks later, the hospital offered a detailed public apology to the parents for Sebastian’s death. Several months after the apology, the parents began working collaboratively with the hospital to improve patient safety at the hospital and to advocate for a new children’s hospital in their community. This paper is a case study …


Learning How To Learn: Carnegie's Third Apprenticeship, Laurie Barron 2011 Roger Williams University School of Law

Learning How To Learn: Carnegie's Third Apprenticeship, Laurie Barron

Law Faculty Scholarship

No abstract provided.


State Attorneys General's Use Of Concurrent Public Enforcement Authority In Federal Consumer Protection Laws, Amy Widman, Prentiss Cox 2011 Northern Illinois University School of Law

State Attorneys General's Use Of Concurrent Public Enforcement Authority In Federal Consumer Protection Laws, Amy Widman, Prentiss Cox

Cardozo Law Review

Recent scholarly and legislative interest in state enforcement of federal law has led to the need for an empirical understanding of how and when these enforcement powers are used. This Article reports on an examination of the use by state attorneys general of sixteen federal consumer protection laws that expressly allow for state enforcement. The data are sorted and analyzed by both single state actions and multistate actions over time, and by the involvement of federal agencies in the state cases. The data reveal a measured use of such powers by state attorneys general and robust state and federal cooperation …


Coming Off The Bench: Legal And Policy Implications Of Proposals To Allow Retired Justices To Sit By Designation On The Supreme Court, Lisa T. McElroy, Michael C. Dorf 2011 Drexel University Earle Mack School of Law

Coming Off The Bench: Legal And Policy Implications Of Proposals To Allow Retired Justices To Sit By Designation On The Supreme Court, Lisa T. Mcelroy, Michael C. Dorf

Cornell Law Faculty Publications

In the fall of 2010, Senator Patrick Leahy introduced a bill that would have overridden a New Deal-era federal statute forbidding retired Justices from serving by designation on the Supreme Court of the United States. The Leahy bill would have authorized the Court to recall willing retired Justices to substitute for recused Justices. This Article uses the Leahy bill as a springboard for considering a number of important constitutional and policy questions, including whether the possibility of 4-4 splits justifies the substitution of a retired Justice for an active one; whether permitting retired Justices to substitute for recused Justices would …


No Paradise To Regain: Comments On Russell G. Pearce And Eli Wald, The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law, Kenneth S. Gallant 2011 University of Arkansas at Little Rock William H. Bowen School of Law

No Paradise To Regain: Comments On Russell G. Pearce And Eli Wald, The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law, Kenneth S. Gallant

University of Arkansas at Little Rock Law Review

No abstract provided.


The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law, Russell G. Pearce, Eli Wald 2011 University of Arkansas Little Rock

The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law, Russell G. Pearce, Eli Wald

University of Arkansas at Little Rock Law Review

No abstract provided.


Up Against The Wall: A Guide To The Effective Screening Of Former Government Attorneys In New York, Shira Mizrahi 2011 Benjamin N. Cardozo School of Law

Up Against The Wall: A Guide To The Effective Screening Of Former Government Attorneys In New York, Shira Mizrahi

Cardozo Public Law, Policy & Ethics Journal

The note examines New York Rule of Professional Conduct 1.11, which governs conflicts of interest for former government attorneys transitioning to private practice. It highlights the rule's strict requirements for screening to prevent conflicts and the "appearance of impropriety" standard, which allows courts to disqualify firms even without evidence of wrongdoing. The analysis critiques the rule's effectiveness, particularly in small firms, and proposes reforms to balance public trust, client interests, and attorneys' career mobility.


A Right To Legal Aid: The Aba Model Access Act In International Perspective, James Maxeiner 2011 University of Baltimore School of Law

A Right To Legal Aid: The Aba Model Access Act In International Perspective, James Maxeiner

All Faculty Scholarship

For over two centuries America has failed to fulfill its revolutionary ideals of bringing equal justice to all. In August 2010 the American Bar Association moved to bring the nation closer to its ideals when it proposed the ABA Model Access Act. The Act would do what the Supreme Court of the United States has refused to do: it would recognize that legal aid in civil litigation is a matter of right and not of charity. The Act is a framework law and leaves many details to be filled in by enacting bodies and by the institutions eventually charged with …


Richard A. Nagareda, "In Memorian" 1963-2010, Chris Guthrie, John C.P. Goldberg, Andrew R. Gould, J. Maria Glover 2011 Vanderbilt University Law School

Richard A. Nagareda, "In Memorian" 1963-2010, Chris Guthrie, John C.P. Goldberg, Andrew R. Gould, J. Maria Glover

Vanderbilt Law Review

A year ago, many of us gathered in Vanderbilt University Law School's Flynn Auditorium to attend a "Celebration of the Life of Professor Richard Nagareda." Frankly, I didn't feel like celebrating, a sentiment I suspect others shared. Richard-scholar, teacher, mentor, colleague, friend, father, husband-had left this earth before any of us were ready to part with him. And yet, as the speakers shared their memories of Richard, the intense grief I had felt since learning of Richard's untimely death began to dissipate. There was then, and there remains now, so much to celebrate about his life. For in his forty-seven …


Robel: Preparing For Seamlessly Global Profession, Lauren K. Robel 2011 Indiana University Maurer School of Law

Robel: Preparing For Seamlessly Global Profession, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.


Amici Curiae Brief Of The Children And Youth Advocacy Clinic In Support Of Appellant. In Re The Dependency Of M.S.R. And T.S.R. V. Luak, No. 85729-6 (Wash. Sept. 16, 2011), Lisa Kelly 2011 University of Washington School of Law

Amici Curiae Brief Of The Children And Youth Advocacy Clinic In Support Of Appellant. In Re The Dependency Of M.S.R. And T.S.R. V. Luak, No. 85729-6 (Wash. Sept. 16, 2011), Lisa Kelly

Court Briefs

Attorneys in Washington have the resources and established standards to effectively represent children and youth in termination of parental rights ("TPR") proceedings. Children who face TPR proceedings need the type of advice and advocacy that only trained lawyers can provide. While parents, social workers, foster parents, therapists, and guardians ad litem may provide substantial support to dependent children, only lawyers can protect their legal rights in complex adversarial proceedings, especially when all of the other parties are represented by counsel. In the context of a confidential relationship with a lawyer, a dependent child can provide critical information and meaningfully participate …


The Aall Annual Meeting: Always A Learning Experience, Pamela C. Brannon 2011 Georgia State University College of Law

The Aall Annual Meeting: Always A Learning Experience, Pamela C. Brannon

Faculty Publications By Year

No abstract provided.


Does Legalzoom Have First Amendment Rights? Some Thoughts About Freedom Of Speech And The Unauthorized Practice Of Law, Catherine J. Lanctot 2011 Villanova University School of Law

Does Legalzoom Have First Amendment Rights? Some Thoughts About Freedom Of Speech And The Unauthorized Practice Of Law, Catherine J. Lanctot

Working Paper Series

At a time of economic dislocation in the legal profession, it is likely that bar regulators will turn their attention to pursuing lay entities that appear to be engaged in the unauthorized practice of law. One prominent target of these efforts is LegalZoom, an online document preparer that has come under increasing pressure from the organized bar for its marketing and sale of basic legal documents. As regulatory pressure against LegalZoom and similar companies continues to mount, it is worth considering whether there may be unanticipated consequences from pursuing these unauthorized practice claims. In several well-known instances, lay people have …


The Future Of Public Interest Law, Scott L. Cummings 2011 University of Arkansas Little Rock

The Future Of Public Interest Law, Scott L. Cummings

University of Arkansas at Little Rock Law Review

No abstract provided.


Bridging The Civil Justice Gap In Arkansas, Jean Turner Carter, Amy Dunn Johnson, Annabelle Imber Tuck 2011 University of Arkansas Little Rock

Bridging The Civil Justice Gap In Arkansas, Jean Turner Carter, Amy Dunn Johnson, Annabelle Imber Tuck

University of Arkansas at Little Rock Law Review

No abstract provided.


Innovative Approaches To Public Service Through Institutionalized Action Research: Reflections From Law And Social Work, Susan R. Jones, Shirley J. Jones 2011 University of Arkansas Little Rock

Innovative Approaches To Public Service Through Institutionalized Action Research: Reflections From Law And Social Work, Susan R. Jones, Shirley J. Jones

University of Arkansas at Little Rock Law Review

No abstract provided.


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