Legal Profession Commons^™

Rethinking Professional Fees In Chapter 11 Cases, Nancy B. Rapoport

Journal of Business & Technology Law

No abstract provided.

Lrw Program Design: A Manifesto For The Future, Eric Easton

All Faculty Scholarship

All of us have, at one time or another, had occasion to consider, or reconsider, our program model. The trigger may have been a new dean; the prospect of a sabbatical inspection; a budget crisis or financial windfall; a faculty champion or saboteur; some-thing we learned at a Legal Writing Institute (LWI) or Association of Legal Writing Directors conference; or merely the cycle of bureaucratic reorganization. Those reconsiderations have led to a great diversity of Legal Research and Writing (LRW) program models: two-, three-, four-, and all-semester programs; adjunct-, contract-, and tenure-track staffing; and directors, co-directors, and no directors. Reconsiderations …

Mapping The World: Facts And Meaning In Adjudication And Mediation, Robert Rubinson

All Faculty Scholarship

This Article explores what is and what is not in adjudication and mediation, thus illuminating the profound differences between these two processes. The Article does this work in four parts. First, it offers an analysis of cognitive mapmaking and its inevitability in constructing meaning. It then explores how adjudication defines meaning in a particular way. This Article then conducts a comparable analysis of mediation. Finally, it focuses on the bridging function attorneys play between the worlds of mediation and adjudication.

Becoming A Law Professor: A Candidate's Guide, Brannon P. Denning, Marcia L. Mccormick, Jeffrey M. Lipshaw

All Faculty Scholarship

This is the Table of Contents and the Introduction to a forthcoming book from the American Bar Association. The authors provide detailed advice and resources for aspiring law professors, including a description of the categories of law faculty (and what they do), possible paths to careers in the legal academy, and "how to" guides for filling out the AALS's Faculty Appointments Register, interviewing at the Faculty Recruitment Conference (the "meat market"), issues for non-traditional candidates, dealing with callbacks and job offers, and getting ready for the first semester on the job.

Rise Of Political Populism And The Trouble With The Legal Profession In China, Dongsheng Zang

Articles

This essay looks into recent efforts by the ruling party in China to tighten control of the judiciary, the lawyers and prosecutors under the slogan of "harmonious society" in the last couple of years. This reversed the direction of judicial reform under the leadership of Xiao Yang, during his tenure as President of the Supreme People's Court before 2008. The trouble with the legal profession in China, the essay asserts, is not only that it loses its professional autonomy thus its ability to act as a sociopolitical force that is independent from the ruling political party; but also, by virtue …

Keeping Up With Legal Technology: Five Easy Places, Jennifer L. Behrens

Faculty Scholarship

No abstract provided.

Giving Unconscionability More Muscle: Attorney's Fees As A Remedy For Contractual Overreaching, Stephen E. Friedman

Georgia Law Review

This Article seeks to broaden the conversation about unconscionability. While most of the discussion has focused on the appropriate standard for determining unconscionability, this Article focuses on the appropriate remedy to be imposed when unconscionability is found. The current remedy for unconscionability is nonenforcement or limited enforcement of unconscionable contracts or contract terms. This remedy is inadequate and seriously undermines unconscionability's effectiveness as a tool for policing against contractual overreaching. The Article proposes that courts be given discretion to award attorney's fees to consumers who successfully establish the unconscionability of a standard form contract. Such a remedy would enable unconscionability …

Lawyers, Guns & Public Monies: The U.S. Treasury, World War One, And The Administration Of The Modern Fiscal State, Ajay K. Mehrotra

Articles by Maurer Faculty

The First World War was a pivotal event for American political and economic development, particularly in the realm of public finance. For it was during the war years that the federal government ended its traditional reliance on regressive import duties and excise taxes as principal sources of revenue and began a modern era of fiscal governance, one based primarily on the direct and progressive taxation of personal and corporate income. Like other aspects of war mobilization, this fiscal revolution required an enormous infusion of national administrative resources. Nowhere was this more evident than within the corridors of the U.S. Treasury …

The Accidental Clinician And The Experienced Director: A Conversation On The Value Of Externships, Marjorie A. Silver, Mary Jo Eyster

Scholarly Works

In the summer of 2010, Mary Jo Eyster and Marjorie Silver conversed, via email, about the ways in which externship programs add unique value to the student’s education, separate and apart from their cost-effectiveness as compared to the in-house clinic. The result is this paper, a dialogue between a stand-up teacher who chose to teach the externship seminar and a seasoned clinician.

Mary Jo and Marjorie agree that the well-designed, well-executed program should drive the design, teaching and administration of externships and their accompanying seminars. They share the goals that each of them privilege in the programs they have designed, …

The Psychology Of Good Character, Alice Woolley, Jocelyn Stacey

All Faculty Publications

This paper explores the significance of the changing nature of the good character requirement for law society admission in Canada. It posits that good character has shifted from a philosophical concept into a psychological concept, with evidence of past bad acts claimed to be relevant for whether an applicant represents a future risk to the public. This shifting conception of character has, however, been only partial, and the decision-making processes of Canadian law societies have not kept pace with it. Instead, the decision-making process defines character generally and generically, with only occasional emphasis on character as a relevant predictor of …

What We Don't Know Can Hurt Us: The Need For Empirical Research In Regulating Lawyers And Legal Services In The Global Economy, Carole Silver

Articles by Maurer Faculty

No abstract provided.

Special Introduction: October 2010, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

Applying Jewish Legal Theory In The Context Of American Law And Legal Scholarship: A Methodological Analysis, Samuel J. Levine

Scholarly Works

No abstract provided.

Transnational Legal Practice 2009, Carole Silver, Laurel S. Terry, Ellyn S. Rosen

Articles by Maurer Faculty

This article identifies some of the most important U.S. and international developments in transnational legal practice and provides citations for further research. The article begins by briefly reviewing the impact of the recession on legal services. The second section focuses on international developments. It identifies some of the ongoing efforts to implement the 2007 U.K. Legal Services Act, including the issuance of the influential Hunt and Smedley reports. It also provides information about law reform initiatives in France, Scotland and Korea. This section of the article also provides information about Canadian and Australian developments regarding admission of foreign applicants and …