Legal Profession Commons^™

(Re) Constructing Judicial Ethics In Canada, Richard Devlin Frsc

Articles, Book Chapters, & Popular Press

Any discussion of judicial ethics and accountability -- whether it is at the state, national, or international level-inevitably requires engagement with two key ideals: impartiality and independence. Ideals are important because they can provide a trajectory for human action. But ideals can also be a problem because their generality and abstraction can cause one to prevaricate -- or even pontificate -- when it comes to the immediate and the pragmatic Indeed, there are times when ideals such as impartiality and independence can become false gods insofar as they promise salvation but ultimately, deliver little. Consequently, when one is asked to …

Ivan Rand's Ancient Constitutionalism, Jonathon Penney

Articles, Book Chapters, & Popular Press

Few names loom larger than Ivan Rand’s in the history of Canadian law. If anything, Rand has retained his image as a courageous judge willing to bend the law in creative ways to seek justice and protect the rights of oppressed minorities. But Rand’s legal ideas have not faired as well. Over the years, his theory of “implied rights,” and view of the judicial role, has been criticized as incoherent and indefensible. The central aim of this paper is to challenge these criticisms. I want to offer a solution by reconstructing an overlooked component of his legal thought: a form …

A Wonderful Life, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.

Using Mindfulness Practice To Work With Emotions, Deborah Calloway

Faculty Articles and Papers

No abstract provided.

Portraits Of Resistance: Lawyer Responses To Unjust Proceedings, Alexandra Lahav

Faculty Articles and Papers

This Article considers a question rarely addressed: what is the role of the lawyer in a manifestly unjust procedural regime? Many excellent studies have considered the role of the judge in unjust regimes, but the lawyer’s role has been largely ignored. This Article draws on two case studies: that of lawyers representing civil rights leaders during protests in Birmingham, Alabama in 1963 and that of lawyers representing detainees facing military commission proceedings in Guantánamo Bay, Cuba. These portraits illuminate the role of the lawyer in a procedurally unjust tribunal operating within a larger liberal legal regime such as our own. …

A Tribute To Henry T. King, Michael P. Scharf

Faculty Publications

Henry King is the reason I'm teaching at Case Western Reserve University School of Law. Over the years he became my mentor, friend, and inspiration.

Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover

Richmond Public Interest Law Review

The Health Insurance Portability and Accountability Act of 1996 ("HIPAA ") governs the management of protected health information by covered entities (e.g., health care providers) and their business associates. However, the Health Information Technology for Economic and Clinical Health Act ("HITECH"), contained within the American Recovery and Reinvestment Act of 2009 ("ARRA"), drastically alters the scope of HIPAA regulations with regard to business associates, including law firms that routinely handle the protected health information ("PHI") governed by HIPAA. Under the HITECH Act, the definition of "business associate" is expanded, and these entities are treated as "covered" for purposes of the …

Comments: "Simplification" Is Not Enough: An Analysis Of The Home Office Tax Deduction And The Home Office Simplification Act Of 2009, Lauren Marini

University of Baltimore Law Review

No abstract provided.

Comments: Uncertainty For Practitioners And The Judiciary As Well As The Need For A Minimum Standard Demonstrate That Fiduciary Duties Should Be Incorporated Into Maryland's Llc Act, Michael S. Spencer

University of Baltimore Law Review

No abstract provided.

Taxes And Death: The Rise And Demise Of An American Law Firm, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

Misconduct by lawyers in law firms is often attributed to pressures from increasing competition for legal services. Modern firms do face fierce competitive pressures. We can gain more subtle insights, however, by focusing on the specific markets in which particular firms operate and the ways in which forms of influence in law firms interact with common patterns of behavior in organizations.

This paper, a chapter in the collection Law Firms, Legal Culture, and Legal Practice, draws on this type ofanalytical framework to provide a case study of the experience of Jenkens & Gilchrist, a national law firm that had …

Their Love Is Here To Stay: Why The Supreme Court Cannot Turn Back The Hands Of Time, Marsha B. Freeman

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Penderafan Dokumen Wasiat Islam Di Amanah Raya Berhad : Analisis Menurut Perspektif Islam., Al Azifah Mohd Safie

Student Works (2010-2019)

A document is a source of statement which in nature is dominant and authoritative in order to explain certain facts. Hence filing a Wasiyyaħ is more effective as it acts as a record where it can store and keep long term information due to the fact that a death of a person is uncertain. Therefore, this dissertation will be focusing on the prosess of drafting the document of Muslim’s bequests or known as Wasiyyaħ implemented at Amanah Raya Berhad, a Trustee Corporation in Malaysia. The primary objective of this research is to analyse the standard of drafting Muslim’s Wasiyyaħ in …

Can Compassionate Practice Also Be Good Legal Practice?: Answers From The Lives Of Buddhist Lawyers, Deborah J. Cantrell

Publications

What does it mean to say that one is a "good lawyer" in the United States? The dominant view is that a lawyer is a zealous advocate owing loyalty to, and taking direction from, the client. The lawyer is singularly focused and hyper-rationality is prized. This article challenges that narrative. Using the real lives of a group of lawyers across the United States, this article offers rich and nuanced descriptive data about the possibilities of "good lawyering" through compassion, equanimity, and an expanded notion of honesty. This article contributes importantly to the debate about what it means to be a …

Corporate 'Miranda' Warnings, Peter A. Joy, Kevin C. Mcmunigal

Faculty Publications

Administrative agencies and prosecutors have adopted formal and informal measures to push corporations to establish compliance programs, to disclose wrongdoing voluntarily, and to cooperate with government investigations, creating what some commentators refer to as a culture of cooperation. Key to internal investigations are employee interviews by counsel.

Employees, especially senior employees, may assume that the lawyers representing their organizational employers represent them as well in matters relating to their work. To avoid this misunderstanding, both in-house and outside counsel now use “corporate Miranda warnings” or “Upjohn warnings.” In law enforcement interrogation, the Miranda warning is an antidote to the coercive …

Professor Morris Shanker, Erik M. Jensen

Faculty Publications

Morry Shanker began teaching at the Western Reserve Law School shortly after the creation of the Western Reserve. In fact, had Moses Cleaveland not elbowed his way to the front of the boat in 1796, Professor Shanker would have been the first surveyor to step onto the banks of the Cuyahoga. If that had happened, the house band at Severance Hall might be known today as the Shanker Orchestra.

The Pedagogy Of "Yes We Can": Teaching Reformative Legal Justice In The Age Of Obama, Leroy Pernell

Journal Publications

These brief comments, delivered as part of the 5th Annual Fred Gray Sr. Civil Rights Symposium, Faulkner University, Thomas Goode Jones School of Law October 21, 2009, do not challenge whether law schools and the profession sufficiently make the case for public service and commitment to societal good; admittedly most existing standards and curricula do. Rather, these comments address the opportunity for legal education to tap, and expand on, a heightened psychological and emotional commitment that might be engendered in law students following the election of Barack Obama as President of the United States.

The Anticipation Misconception, Colin P. Marks

Faculty Works

Many commentators and courts have cited to the Supreme Court decision of Hickman v. Taylor as the genesis of the work product doctrine and the requirement that, to be afforded protection, the material in question must be generated “in anticipation of litigation.” The oft quoted policy justification for the protection afforded is that attorneys should be allowed a “zone of privacy” within which to prepare their case for the client. This justification supports limiting protection only to work generated “in anticipation of litigation,” because, presumably, outside of this context there is no need for the “zone of privacy.” However, a …

Missouri's Public Defender Crisis: Shouldering The Burden Alone, Sean O'Brien

Faculty Works

No abstract provided.

A Critical Survey Of The Law, Ethics, And Economics Of Attorney Contingent Fee Arrangements, Adam Shajnfeld

NYLS Law Review

No abstract provided.

Shutting Off The School-To-Prison Pipeline For Status Offenders With Education-Related Disabilities, Joseph B. Tulman, Douglas M. Weck

NYLS Law Review

No abstract provided.