Legal Profession Commons^™

Back To The Future In Law Schools, William L. Reynolds

Maryland Law Review

No abstract provided.

Challenging The Academy To A Dual (Perspective): The Need To Embrace Lawyering For Personal Legal Services, William Hornsby

Maryland Law Review

No abstract provided.

The Symposium On The Profession And The Academy: Concluding Thoughts, Michael Millemann

Maryland Law Review

No abstract provided.

Legislating After Janice M.: The Constitutionality Of Recognizing De Facto Parenthood In Maryland, Rachel Simmonsen

Maryland Law Review

No abstract provided.

Email Etiquette, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Market For Public Interest Law Services, Scott Cummings

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Trust And The Global Law Firm, Robert K. Vischer

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Confidentiality Explained: The Dialogue Approach To Discussing Confidentiality With Clients, Elisia M. Klinka, Russell G. Pearce

Faculty Scholarship

Many lawyers lie to their clients by saying, “Everything you tell me is confidential” despite the existence of some rules that require lawyers to disclose client confidences and others that permit lawyers to disclose confidences to protect themselves or collect fees. In an effort to encourage clients to speak honestly, a number of commentators urge lawyers to provide either a general or specific notice of the exceptions to confidentiality. This Article offers a different approach. It seeks to promote an honest and open dialogue between lawyer and client that will create a relationship of mutual trust and will make it …

The Illusory Right To Counsel, Eve Brensike Primus

Articles

Imagine a woman wrongly accused of murdering her fiance. She is arrested and charged with first-degree murder. If convicted, she faces a mandatory sentence of life without the possibility of parole. Her family scrapes together enough money to hire two attorneys to represent her at trial. There is no physical evidence connecting her to the murder, but the prosecution builds its case on circumstantial inferences. Her trial attorneys admit that they were so cocky and confident that she would be acquitted that they did not bother to investigate her case or file a single pre-trial motion. Rather, they waived the …

Legal Reasoning And Scientific Reasoning, Phoebe C. Ellsworth

Articles

In my presentation for the 2010 Meador Lectures on Rationality, I chose to compare legal reasoning and scientific reasoning. Both law and science pride themselves on the rationality of their intellectual methods and believe that those methods are designed to analyze questions and reach the correct conclusions by means of reason, free from cognitive or emotional biases. Of course, both law and science often fall short of this ideal at all levels, from the decisions about individual legal cases or scientific studies to the acceptance of general theories. In many ways, the biases that mislead legal and scientific thinkers are …

Abolishing State Trademark Registrations, Lee Ann W. Lockridge

Cardozo Arts & Entertainment Law Journal

No abstract provided.

From Archetypes To Architects: Re-Envisioning The Role Morality Of Trial Level Judges, Richard Devlin Frsc

Articles, Book Chapters, & Popular Press

In this article, I build upon the concepts of role-differentiated behaviour and role morality to reflect upon the privileges and responsibilities of being a trial judge. In particular, I will suggest there are at least two (potentially competing) professional archetypes for judicial role morality, which at this point I will tentatively describe as the mechanics and the innovators. Both of these archetypes agree that the governing principles should be integrity, honesty, independence, impartiality, fairness, et cetera, but they differ in their understanding of how best to put these ideals into effect in the real world. In due course, I will …

Happiness In Business Or Law, Peter H. Huang

Publications

This article provides a short introduction to recent happiness research and its applications to business or law that is organized as follows. Section I briefly considers: (1) troubling and not so troubling reservations about happiness research, and (2) how money and happiness are related. Section II concisely surveys two sets of applications of happiness research to business, namely: (1) workplace well-being and meaning, and (2) marketing. Section III succinctly reviews two categories of happiness research implications for law: (1) business regulation, and (2) law student and lawyer happiness.

Toward The Study Of The Legislated Constitution, Robin West

Georgetown Law Faculty Publications and Other Works

Law schools, both innovative and traditional, cutting edge and hidebound, demand and therefore teach tolerance, civil respect for those whose views and dreams differ from our own, a commitment to the equal dignity of all persons, an awareness of the individuality of each of us, and the challenges that those differences and that equality pose to the generalizing impulse in law. Likewise, law schools, virtually everywhere, convey or should convey a sensitivity to bare or naked human vulnerability, mortality, weakness, and need, and therefore a sense in students of the moral need of all of us for law’s protection, as …

Meaningful Legal Representation For Children And Youth In Washington's Child Welfare System: Standards Of Practice, Voluntary Training, And Caseload Limits In Response To Hb 2735, Lisa Kelly

Books

Introduction, pages 1-2

Executive Summary, pages 3-4

Child Recommendation Practice Standards, pages 5-14

Voluntary Training Recommendations, page 15

Supporting Documentation

• Appendix A, HB 2735, Tab A
• Appendix B, Children's Representation Sub-Workgroup Membership List, Tab B
• Appendix C, American Bar Association Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases, Tab C

From Both Sides Now: The Job Talk’S Role In Matching Candidates With Law Schools, Anne Enquist, Paula Lustbader, John B. Mitchell

Faculty Articles

In the heavily competitive law school teaching job market, the so-called “job talk” has assumed increasing importance in the ultimate hiring decision. Nevertheless, there is little published information to assist a law school faculty in structuring or evaluating the job talk and a similar paucity of information for candidates to guide them in creating and preparing for the presentation of their talk. This article is intended to fill that void. The article guides the preparation of faculty and candidates for both the job talk itself and for the crucial Q&A period that follows the talk. The article represents the authors’ …

Teaching Transactional Skills And Law In An International Context, Deborah Burand, Kojo Yelpaala, Peter Linzer

Other Publications

Today, we are going to be discussing how we think about transactional skills in an international context. It doesn't surprise me that this is a smaller group. This is a subspecialty, but let me just do a very quick survey of you. How many of you now in this room are teaching an international course? And what are you doing?

Surviving (And Thriving) In The First Year Of Trial Practice, Maureen A. Howard

Articles

The substance and procedure of trial practice may vary across different law firms and agencies, but there are certain challenges that all first-year trial lawyers face when starting out. No matter how brilliant and capable a newly minted attorney may be, there are some lessons more indelibly learned on the job than in law school; while these lessons are undoubtedly valuable, they can be painful and embarrassing. Although reading about the possible pitfalls of the first year of trial practice is not as educational as walking through the fire oneself, I have collected over the years a few tips and …

Overcoming Under-Compensation And Under-Deterrence In Intentional Tort Cases: Are Statutory Multiple Damages The Best Remedy?, Stephen J. Shapiro

All Faculty Scholarship

This Article advocates that states' statutes make greater and more systematic use of multiple damages by extending them to a much broader range of intentional, wrongful conduct. Part II of this Article will explain why extra-compensatory relief is called for when tortious conduct is intentional or malicious. Part III will compare punitive damages, attorney fees, and treble or other multiple damages as possible sources of additional relief. Part IV will focus on multiple damages. The Article will examine the range of existing state statutes and discuss why and how those statutes might be extended to a broader range of wrongful …

The American "Rule": Assuring The Lion His Share, James Maxeiner

All Faculty Scholarship

Court costs in American civil procedure are allocated to the loser (“loser pays”) as elsewhere in the world. When American civil procedure took shape in the 1840s, American lawyers thought that losing parties ought to indemnify winning parties against all expenses of lawsuits. Yet today, attorneys’ fees – the lion’s share of expenses in the words of the General Report – are not allocated this way. By practice – and not by legal rule – attorneys’ fees fall on the parties that incur them. Those fees are not set by statute or court decision, but by agreement between parties and …