Appellate Law,
2010
Sykes, Bourdon, Ahern & Levy, Virginia Beach, Virginia
Appellate Law, L. Steven Emmert
University of Richmond Law Review
No abstract provided.
Volume 34, Issue 2 (Fall 2010),
2010
University of Missouri School of Law
I Fought The Law And The Law Lost: The Case For Congressional Oversight Over Systemic Department Of Justice Discovery Abuse In Criminal Cases,
2010
American University Washington College of Law
I Fought The Law And The Law Lost: The Case For Congressional Oversight Over Systemic Department Of Justice Discovery Abuse In Criminal Cases, Christopher R. Smith
Cardozo Public Law, Policy & Ethics Journal
The article argues that congressional oversight of DOJ discovery abuse is necessary to address systemic issues in prosecutorial misconduct and ensure justice. It contends that such oversight aligns with legislative goals, checks executive overreach, and avoids conflicts of interest inherent in other oversight mechanisms. While acknowledging potential separation of powers concerns and executive privilege claims, the analysis emphasizes that these should not preclude Congress from fulfilling its constitutional role in monitoring DOJ practices.
Advocacy In The Court Of Public Opinion, Installment Two: How Far Should Corporate Attorneys Go,
2010
University of Miami School of Law
Advocacy In The Court Of Public Opinion, Installment Two: How Far Should Corporate Attorneys Go, Michele M. Destefano
Articles
Today, legal controversies are tried in the court of public opinion as much as in any court of law. Corporate lawyers' traditional tendency, however, has been to attempt to isolate legal activities from public relations activities. Accordingly, when providing legal advice, they have viewed media considerations as separate. Historically corporate counsels' typical media strategy often consisted of no more than, "no comment." Given today's saturated media culture, this is no longer a viable strategy. Indeed, it appears that some corporate lawyers are adapting to the new media environment and attempting to help their clients manage the public relations impact of …
How Lawyers (Come To) See The World: A Narrative Theory Of Legal Pedagogy,
2010
Texas A&M University School of Law
How Lawyers (Come To) See The World: A Narrative Theory Of Legal Pedagogy, Randy D. Gordon
Faculty Scholarship
Even if one believes that law is not an autonomous discipline, few would dispute that it is a conservative institution and that its members are trained via a pedagogical method quite different from that of other professions. A central aspect of this training is the case method and — thus — the specialized narrative form that appellate opinions take. This essay examines the case method and suggests ways to crack it open — without discarding it — and thereby achieve one of the goals set forth in the Carnegie Report: namely, to supplement the analytical, rule-based mode of reasoning inherent …
The Knowledge Guild: The Legal Profession In An Age Of Technological Change,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Knowledge Guild: The Legal Profession In An Age Of Technological Change, Paul F. Kirgis
Nevada Law Journal
No abstract provided.
Broadening Access To Justice In Nevada By Defining The Practice Of Law,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Broadening Access To Justice In Nevada By Defining The Practice Of Law, Karlee M. Phelps
Nevada Law Journal
No abstract provided.
A Tale Of Prosecutorial Indiscretion: Ramsey Clark And The Selective Non-Prosecution Of Stokely Carmichael,
2010
University of Georgia
A Tale Of Prosecutorial Indiscretion: Ramsey Clark And The Selective Non-Prosecution Of Stokely Carmichael, Lonnie T. Brown
Scholarly Works
During the height of the Vietnam War and one of the most volatile periods of the civil rights movement, then-Attorney General Ramsey Clark controversially resisted intense political pressure to prosecute Black Power originator and antiwar activist Stokely Carmichael. Taken in isolation, this decision may seem courageous and praiseworthy, but when considered against the backdrop of Clark’s contemporaneous prosecution of an all-white group of similarly situated anti-draft leaders (the so-called Boston Five), his exercise of prosecutorial discretion becomes suspect. Specifically, the Boston Five were prosecuted in 1968 for conspiracy to aid and abet draft evasion, a charge for which the evidence …
"We're Not Running A Charity Here": Rethinking Public Interest Lawyers' Relationships With Bottom-Line-Driven Pro Bono Programs,
2010
Temple University Beasley School of Law
"We're Not Running A Charity Here": Rethinking Public Interest Lawyers' Relationships With Bottom-Line-Driven Pro Bono Programs, Leonore F. Carpenter
Buffalo Public Interest Law Journal
No abstract provided.
September/October 2010 Newsletter,
2010
Maurer School of Law: Indiana University
Making Stuff Up,
2010
University of Kentucky College of Law
Making Stuff Up, Richard H. Underwood
Law Faculty Scholarly Articles
Beginning with an article in this Journal almost thirty years ago, Professor Underwood continues to research and write about legal ethics and litigation. In this Commentary, he offers a witty look at several cases where, in his opinion, the judge allowed improper arguments to the jury.
The Class Of 2009: Recession Or Restructuring?,
2010
Indiana University Maurer School of Law
The Class Of 2009: Recession Or Restructuring?, William D. Henderson
Articles by Maurer Faculty
No abstract provided.
Thinking About Technology – 2010: The Year Of The Ipad?,
2010
University of Oklahoma College of Law
Thinking About Technology – 2010: The Year Of The Ipad?, Darla Jackson
Other Faculty Publications
In April 2010 Apple released the iPad. Other technology producers have announced upcoming releases of tablet computers. This article discusses how the iPad may serve the needs of the legal community and potentially affect law libraries.
The Hydra,
2010
University of Michigan Law School
The Hydra, Carl E. Schneider
Articles
Almost nobody favors long consent forms for prospective research subjects. Almost everybody thinks they interfere with informed consent's purpose-good decisions. Nevertheless, almost everybody believes consent forms have long been getting longer. Years ago, Paul Appelbaum lamented the "tendency to cram ever more information into consent forms." Weeks ago, Ilene Albala and her colleagues (one of them Appelbaum) reported in IRE: Ethics & Human Research that the length of one institutional review board's forms "increased roughly linearly by an average of 1.5 pages per decade. In the 1970s, the average consent form was less than one page long and often only …
To Opine Or Not To Opine, That Is The Question: A Discussion Of A Patent Agent's Representation Of Others Before The United States Patent And Trademark Office In Light Of Revised Rules Of Patent Ethics And Professionalism,
2010
Benjamin N. Cardozo School of Law
To Opine Or Not To Opine, That Is The Question: A Discussion Of A Patent Agent's Representation Of Others Before The United States Patent And Trademark Office In Light Of Revised Rules Of Patent Ethics And Professionalism, Nathan D. Renov
Cardozo Public Law, Policy & Ethics Journal
No abstract provided.
Raising The Bar: Standards-Based Training, Supervision, And Evaluation,
2010
New York Law School
Raising The Bar: Standards-Based Training, Supervision, And Evaluation, Adele Bernhard
Articles & Chapters
In this short Article, I sketch the methodology my colleagues and I at Pace Law School use to incorporate practice standards into our clinical teaching and reflect on how a standards-based teaching paradigm could be adapted to the training, supervision, and evaluation of public defenders. Then, I briefly consider how standards and standards-based teaching assist in the administration of assigned counsel plans and in the evaluation of the performance of public defender organizations. Although this Article does not cover any of these topics in depth, my goal is to introduce the reader to a standards-based approach to teaching and suggest …
My Conference Experience: Boulder & Aall, 2010,
2010
Georgia State University College of Law
My Conference Experience: Boulder & Aall, 2010, Meg Butler
Faculty Publications By Year
No abstract provided.
Beyond Training Prosecutors About Their Disclosure Obligations: Can Prosecutors' Offices Learn From Their Lawyers' Mistakes?,
2010
Fordham University School of Law
Beyond Training Prosecutors About Their Disclosure Obligations: Can Prosecutors' Offices Learn From Their Lawyers' Mistakes?, Bruce A. Green
Cardozo Law Review
Prosecutors, criminal defense lawyers, judges, and legal academics from around the country recently met at the Benjamin N. Cardozo School of Law in New York to discuss prosecutors' compliance with their disclosure obligations. The overarching question was how prosecutors' offices could do a better job. To assist representatives of the legal profession in approaching this question from new directions, the Symposium organizers invited speakers from outside the legal profession to talk about the causes of error and methods used to reduce error in other contexts. One of the themes was that, outside the practice of law, individuals and institutions learn …
Organizational Guidelines For The Prosecutor's Office,
2010
NYU School of Law
Organizational Guidelines For The Prosecutor's Office, Rachel E. Barkow
Cardozo Law Review
No abstract provided.
Attorney Fees And Expenses In Class Action Settlements: 1993–2008,
2010
Cornell Law School
Attorney Fees And Expenses In Class Action Settlements: 1993–2008, Theodore Eisenberg, Geoffrey P. Miller
Cornell Law Faculty Publications
We report on a comprehensive database of 18 years of available opinions (1993–2008, inclusive) on settlements in class action and shareholder derivative cases in state and federal courts. An earlier study, covering 1993–2002, revealed a remarkable relationship between attorney fees and class recovery size: regardless of the methodology for calculating fees ostensibly employed by the courts, the class recovery size was the overwhelmingly important determinant of the fee. The present study, which nearly doubles the number of cases in the database, confirms that relationship. Fees display the same relationship to class recoveries in both data sets and neither fees nor …
