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Fee-Shifting Statutes And Compensation For Risk, Maureen Carroll 2020 University of Michigan 81818app手机版下载

Fee-Shifting Statutes And Compensation For Risk, Maureen Carroll

Indiana Law Journal

A law firm that enters into a contingency arrangement provides the client with more than just its attorneys’ labor. It also provides a form of financing, because the firm will be paid (if at all) only after the litigation ends; and insurance, because if the litigation results in a low recovery (or no recovery at all), the firm will absorb the direct and indirect costs of the litigation. Courts and markets routinely pay for these types of risk-bearing services through a range of mechanisms, including state feeshifting statutes, contingent percentage fees, common-fund awards, alternative fee arrangements, and third-party litigation funding ...


How To Fix Legal Scholarmush, Adam Kolber 2020 Brooklyn Law School 81818app手机版下载

How To Fix Legal Scholarmush, Adam Kolber

Indiana Law Journal

Legal scholars often fail to distinguish descriptive claims about what the law is from normative claims about what it ought to be. The distinction couldn’t be more important, yet scholars frequently mix it up, leading them to mistake legal authority for moral authority, treat current law as a justification for itself, and generally use rhetorical strategies more appropriate for legal practice than scholarship. As a result, scholars sometimes talk past each other, generating not scholarship but “scholarmush.”

In recent years, legal scholarship has been criticized as too theoretical. When it comes to normative scholarship, however, the criticism is off ...


How To Fix Legal Scholarmush, Adam J. Kolber 2020 Brooklyn Law School 81818app手机版下载

How To Fix Legal Scholarmush, Adam J. Kolber

Faculty Scholarship

81818app手机版下载No abstract provided.


Vol. 59, No. 04 (September 14, 2020), 2020 Maurer School of Law: Indiana University 81818app手机版下载

Vol. 59, No. 04 (September 14, 2020)

Indiana Law Annotated

No abstract provided.


Beyond Microagression: Overlapping Identities In Simulated Legal Practice, Peggy Cooper Davis, Danielle Davenport, Brence Pernell 2020 Villanova University Charles Widger School of Law

Beyond Microagression: Overlapping Identities In Simulated Legal Practice, Peggy Cooper Davis, Danielle Davenport, Brence Pernell

Villanova Law Review

No abstract provided.


Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich 2020 Villanova University Charles Widger School of Law

Capitalizing On Healthy Lawyers: The Business Case For Law Firms To Promote And Prioritize Lawyer Well-Being, Jarrod F. Reich

Villanova Law Review

No abstract provided.


Vol. 59, No. 03 (September 7, 2020), 2020 Maurer School of Law: Indiana University 81818app手机版下载

Vol. 59, No. 03 (September 7, 2020)

Indiana Law Annotated

No abstract provided.


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Vol. 59, No. 02 (August 31, 2020), 2020 Maurer School of Law: Indiana University 81818app手机版下载

Vol. 59, No. 02 (August 31, 2020)

Indiana Law Annotated

No abstract provided.


Vol. 59, No. 01 (August 24, 2020), 2020 Maurer School of Law: Indiana University

Vol. 59, No. 01 (August 24, 2020)

Indiana Law Annotated

No abstract provided.


The Search For Clarity In Attorney's Duty To Google, Michael Murphy 2020 University of Pennsylvania Law School 81818app手机版下载

The Search For Clarity In Attorney's Duty To Google, Michael Murphy

Faculty Scholarship at Penn Law

Attorneys have a professional duty to investigate relevant facts about the matters on which they work. There is no specific rule or statute requiring that an attorney perform an internet search as part of this investigation. Yet attorneys have been found by judges to violate a “Duty to Google” when they have failed to conduct an internet search for relevant information about, for example, a claim, their own client, and even potential jurors in a trial.

81818app手机版下载So much information is now available to attorneys so easily in electronic search results, it is time to wonder where, when, and how much ...


Did The America Invents Act Change University Technology Transfer?, Cynthia L. Dahl 2020 University of Pennsylvania Law School

Did The America Invents Act Change University Technology Transfer?, Cynthia L. Dahl

Faculty Scholarship at Penn Law

University technology transfer offices (TTOs) are the gatekeepers to groundbreaking innovations sparked in research laboratories around the U.S. With a business model reliant on patenting and licensing out for commercialization, TTOs were positioned for upheaval when the America Invents Act (AIA) transformed U.S. patent law in 2011. Now almost ten years later, this article examines the AIA’s actual effects on this patent-centric industry. It focuses on the five key areas of most interest to TTOs: i) first to file priority; ii) broadening of the universe of prior art; iii) carve-out to the prior commercial use defense; iv ...


August 2020 Newsletter, 2020 Maurer School of Law: Indiana University

August 2020 Newsletter

Ergo

No abstract provided.


The Current Anxiety About "Jd Advantage" Jobs: An Analysis, Susan Carle 2020 American University Washington College of Law 81818app手机版下载

The Current Anxiety About "Jd Advantage" Jobs: An Analysis, Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Law School News: Fall 2020 Reopening: The Faq 07-09-2020, Roger Williams University School of Law 2020 Roger Williams University

Law School News: Fall 2020 Reopening: The Faq 07-09-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

81818app手机版下载No abstract provided.


Should Judges Have A Duty Of Tech Competence?, John G. Browning 2020 Spencer Fane LLP

Should Judges Have A Duty Of Tech Competence?, John G. Browning

St. Mary's Journal on Legal Malpractice & Ethics

81818app手机版下载In an era in which lawyers are increasingly held to a higher standard of “tech competence” in their representation of clients, shouldn’t we similarly require judges to be conversant in relevant technology? Using real world examples of judicial missteps with or refusal to use technology, and drawn from actual cases and judicial disciplinary proceedings, this Article argues that in today’s Digital Age, judicial technological competence is necessary. At a time when courts themselves have proven vulnerable to cyberattacks, and when courts routinely tackle technology related issues like data privacy and the admissibility of digital evidence, Luddite judges are ...


In The Midst Of Change, A Few Truths Remain—A Review Of Trazenfeld And Jarvis’S Florida Legal Malpractice Law, Jan L. Jacobowitz Ms. 2020 University of Miami School of Law

In The Midst Of Change, A Few Truths Remain—A Review Of Trazenfeld And Jarvis’S Florida Legal Malpractice Law, Jan L. Jacobowitz Ms.

St. Mary's Journal on Legal Malpractice & Ethics

81818app手机版下载Abstract forthcoming.


Legal Ethics And Law Reform Advocacy, Jeffrey W. Stempel 2020 University of Nevada - Las Vegas

Legal Ethics And Law Reform Advocacy, Jeffrey W. Stempel

St. Mary's Journal on Legal Malpractice & Ethics

Social activism, particularly law reform, has long been an accepted, even revered part of the lawyer’s identity. But modern developments such as nation-wide firms, the economic importance of client development, and aggressive attempts by clients to deploy attorneys as de facto, undisclosed lobbyists have put substantial pressure on the traditional vision of the attorney as a “lawyer-statesman” or someone who “checks clients at the door” when participating in law reform activities. Furthermore, law reform activism on behalf of one client (or prospective client when attorneys use their law reform lobbying as part of their marketing strategy) poses a real ...


Ethical Issues With Lawyers Openly Carrying Firearms, Dru Stevenson 2020 South Texas College of Law

Ethical Issues With Lawyers Openly Carrying Firearms, Dru Stevenson

St. Mary's Journal on Legal Malpractice & Ethics

Ethical concerns arise when lawyers openly carry firearms to adversarial meetings related to representation, such as depositions and settlement negotiations. Visible firearms introduce an element of intimidation, or at least the potential for misunderstandings and escalation of conflicts. The adverse effects of openly carried firearms can impact opposing parties, opposing counsel, the lawyer’s potential clients, witnesses, and even judges and jurors encountered outside the courtroom. The ABA’s Model Rules of Professional Conduct in their current form include provisions that could be applicable, such as rules against coercion and intimidation, but there is no explicit reference to firearms. Several ...


Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine 2020 Southern Illinois University

Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine

St. Mary's Journal on Legal Malpractice & Ethics

A fundamental tenet of the legal profession is that lawyers and judges are uniquely responsible—individually and collectively—for protecting the Rule of Law. This Article considers the failings of the legal profession in living up to that responsibility during Germany’s Third Reich. The incremental steps used by the Nazis to gain control of the German legal system—beginning as early as 1920 when the Nazi Party adopted a party platform that included a plan for a new legal system—turned the legal system on its head and destroyed the Rule of Law. By failing to uphold the integrity ...