Includes segments from Esquire, Legal Times, Texas Monthly, and Confessions of a Criminal Lawyer,... more Includes segments from Esquire, Legal Times, Texas Monthly, and Confessions of a Criminal Lawyer, as well as stimulating cases and law review articles. The order roughly tracks the ABA Model Rules. The casebook teaches students to think critically about the legal profession, yet avoids the cynicism that so often accompanies discussions of the profession. Includes introduction to the legal profession; the lawyer-client relationship; confidentiality and the attorney-client privilege; conflicts of interest; lawyer advocacy and its limits; business problems in the practice of law; provision of legal services; and judges.
The Watergate break-in and its cover-up in the early 1970s convinced the American public that law... more The Watergate break-in and its cover-up in the early 1970s convinced the American public that lawyers will do illegal and immoral things for the sake of their clients' and their own interests. The organized bar responded to Watergate with several steps that were designed to clean up the profession. The ABA adopted a new set of professional rules,' law schools required students to study professional responsibility, and states required that lawyers pass a special professional responsibility exam. But continued problems in the legal profession have followed this attention to professional rules. In addition to the highly publicized lawyer leadership in the corporate takeover, savings and loan, and Whitewater scandals, observers of the legal profession find among lawyers a growing preoccupation with making money, 2 an increase in litigiousness, greater incivility, and more misuse of legal procedure. 3 It may be that the problem in the legal profession is not too little attention to rules, but too little attention to character. This crisis in the legal profession is the subject of recent books by Yale law professor (now dean) Anthony T. Kronman 4 and Harvard law professor Mary Ann Glendon. 5 Neither Glendon nor Kronman calls for new professional rules. They resist the Enlightenment (and lawyerly) temptation to propose a rule to solve every problem. In very different ways, each calls for a return to an older, more subtle moral tradition-the exercise of virtues.
HX55AzGku5Y&feature=youtu.be. In fact, it was Roger Alford who first suggested the similarity bet... more HX55AzGku5Y&feature=youtu.be. In fact, it was Roger Alford who first suggested the similarity between festivus and festschrift to me. I hereby give him full credit (and blame) for my confusion and my attempt at humor.
Using Richard Niebuhr's description of Christian approaches to culture, this Article examines the... more Using Richard Niebuhr's description of Christian approaches to culture, this Article examines the way Christians approach law, focusing on developments over the last 20 years. During that time, synthesists have continued to develop natural law, seeking an understanding of law based on shared human goods and reason, an approach that can generate a common approach among people of all faiths and no faith. Conversionists, including those on both the political left and right, argue for changes in law that will reflect Christian understandings of the good. Separatists (including many former conversionists) argue that American culture and law have become so corrupt, materialistic, and hedonistic that Christians should withdraw from public life and focus on developing faithful communities that might be a witness to the world. Dualists argue that though influence in the world requires compromise, Christians
Pepperdine's Nootbaar Institute was honored to have Sanford Levinson deliver the 2010 Brandeis le... more Pepperdine's Nootbaar Institute was honored to have Sanford Levinson deliver the 2010 Brandeis lecture. His topic, "Compromise and Constitutionalism," addresses how we might live with our greatest differences. Levinson's lecture, along with responses from some of the nation's leading scholars of jurisprudence, constitutional law, legal history, and dispute resolution, is included in this symposium edition of the Pepperdine Law Review.
As the California Supreme Court urged in Elmore v. American Motors Corp., 451 P.2d 84, 89 (Cal. 1... more As the California Supreme Court urged in Elmore v. American Motors Corp., 451 P.2d 84, 89 (Cal. 1969), one of the first cases to allow bystander recovery in strict products liability: If anything, bystanders should be entitled to greater protection than the consumer or user where injury to bystanders from the defect is reasonably foreseeable. Consumers and users, at least, have the opportunity to inspect for defects and to limit their purchases to articles manufactured by reputable manufacturers and sold by reputable retailers, where as the bystander ordinarily has no such opportunities. In short, the bystander is in greater need of protection from defective products which are dangerous, and if any distinction should be made between bystanders and users, it should be made, contrary to the position of defendants, to extend greater liability in favor of the bystanders. Id. 'During the early stages of strict products liability in tort, there was some doubt as to whether injured bystanders would be entitled to any recovery, but courts have now generally placed bystanders on an equal footing with consumers. See cases cited brfru note 25. See infra text accompanying notes 30-32. See infra text accompanying notes 33-56. See infra text accompanying notes 57-66. ' Professors James Henderson and Aaron Twerski make a strong argument that courts will not and should not extend liability to manufacturers of nondefective products.
This article will consider the two dramatic changes that collaborative practice [CP] brings to la... more This article will consider the two dramatic changes that collaborative practice [CP] brings to law practice: a change in the mental attitude of lawyers and clients toward the conflict and a change in lawyers\u27 counseling techniques. Part II defines CP and compares it to traditional negotiation-pending-litigation. Part III considers the change in attorney and client mental attitudes wrought by CP, where both lawyers and clients take responsibility for identifying a resolution that will meet the needs of all of the parties. Part IV considers the type of client-counseling that is often generated by CP-lawyers in CP may strongly encourage clients to find a resolution that meets the needs of all of the parties. I conclude with a consideration of the possible future of CP
Each of the nine chapters of Law and the Bible is cowritten by a legal scholar and a theologian. ... more Each of the nine chapters of Law and the Bible is cowritten by a legal scholar and a theologian. The goal of these pairings is "to integrate different areas of human learning" and to ensure that the work addresses concerns that "legal scholars alone or theologians alone might miss" (15). With rare exceptions, the contents of each of the chapters should be fully accessible to the educated lay reader. Prior legal training is not required because, for all of the authors, the level of applicability of the biblical text stops well short of an agenda for the sorts of policies to which many Christians of varying political persuasions often put it. Each of the essays presumes facility with the biblical text and at least some awareness of hermeneutics and the history of biblical interpretation. Coming from the leading publisher in American Evangelicalism, these presumptions will generally be met among the readership of Law and the Bible. Drawing from the book of Genesis, the rst chapter of Law and the Bible, "The Biblical Foundations of Law: Creation, Fall and the Patriarchs," shows the strong inuence of the Reformed "two-kingdoms" approach of coauthor David VanDrunen, whose book Natural Law and the Two Kingdoms: A Study in the Development of Reformed Social Thought was previously reviewed in the Journal. 1 Whatever reservations might be had about some aspects of two-kingdoms theology need not keep one from drawing valuable insights from this chapter. Questions of authority (distinguished from power), the nature of "the good" (distinguished from desires), and the place of law both before and after the fall into sin are well displayed. The chapter is worth reading for its careful parsing of the creation account, analysis of the implications of sin, exegesis of the Noahic covenant, and attention to the contemporary signicance of patterns of patriarchal life. Chapter 2, "Law and Political Order: Israel's Constitutional History," largely follows the pattern of analysis seen in the rst chapter. Relying signicantly on the political-theological work of Oliver O'Donovan, law professor William Brewbaker and theologian V. Philips Long review topics such as holy war, Israel as a nation among the nations, the contemporary signicance of the mixed nature of its government, and the theo-political import of Israel's eventual exile. Brewbaker and Long accept the traditional dating and authorship of what Christians identify as the "historical books" of the Hebrew Scriptures. They do not, however, read them without nuance. The historical and cultural distance of the modern reader from the circumstances of ancient Israel is taken seriously. Thus, they caution that "the Old Testament has proven susceptible to misuse as a political sourcebook" if only because "Israel [had], during this period, a wide variety of political institutions and practices, none of which seem[ed] to have been adequate" (50). They ultimately argue that the questions of modern political theory-the relationships of individuals, associations, and the state-are simply absent from the biblical text, and that to derive specic answers to those questions from that text is therefore misguided. Instead, they conclude that the contemporary political signicance of these historical accounts lies in their fundamental teachings about a God whose providential control extends to the weal and woe of human activity generally and not the details of political or legal rules. The three subsequent chapters address specic application of the Torah, Wisdom literature, and the prophetic writings to contemporary state law. Here, one can observe an increasing variety of 1 C.
In Collaborative Practice (CP), the clients and their attorneys (and other professionals in the c... more In Collaborative Practice (CP), the clients and their attorneys (and other professionals in the case, if there are any) contract to resolve the issues presented in a structured process without litigation. Lawyers who engage in CP are governed by the legal professional rules in their state. However, Collaborative Practice differs greatly from adversarial dispute resolution practice. It challenges practitioners in ways not necessarily addressed by the ethics of individual disciplines. Therefore, collaborative professionals have developed their own standards to provide guidance for their members. Cochran describes the legal and ethical context within which professionals engage in CP in the United States. He considers the ethics of CP under the American Bar Association Model Rules of Professional Conduct and under the International Association of Collaborative Professionals’ (IACP) Ethical Standards for Collaborative Practitioners, the most common set of guidelines for collaborative pro...
Includes segments from Esquire, Legal Times, Texas Monthly, and Confessions of a Criminal Lawyer,... more Includes segments from Esquire, Legal Times, Texas Monthly, and Confessions of a Criminal Lawyer, as well as stimulating cases and law review articles. The order roughly tracks the ABA Model Rules. The casebook teaches students to think critically about the legal profession, yet avoids the cynicism that so often accompanies discussions of the profession. Includes introduction to the legal profession; the lawyer-client relationship; confidentiality and the attorney-client privilege; conflicts of interest; lawyer advocacy and its limits; business problems in the practice of law; provision of legal services; and judges.
The Watergate break-in and its cover-up in the early 1970s convinced the American public that law... more The Watergate break-in and its cover-up in the early 1970s convinced the American public that lawyers will do illegal and immoral things for the sake of their clients' and their own interests. The organized bar responded to Watergate with several steps that were designed to clean up the profession. The ABA adopted a new set of professional rules,' law schools required students to study professional responsibility, and states required that lawyers pass a special professional responsibility exam. But continued problems in the legal profession have followed this attention to professional rules. In addition to the highly publicized lawyer leadership in the corporate takeover, savings and loan, and Whitewater scandals, observers of the legal profession find among lawyers a growing preoccupation with making money, 2 an increase in litigiousness, greater incivility, and more misuse of legal procedure. 3 It may be that the problem in the legal profession is not too little attention to rules, but too little attention to character. This crisis in the legal profession is the subject of recent books by Yale law professor (now dean) Anthony T. Kronman 4 and Harvard law professor Mary Ann Glendon. 5 Neither Glendon nor Kronman calls for new professional rules. They resist the Enlightenment (and lawyerly) temptation to propose a rule to solve every problem. In very different ways, each calls for a return to an older, more subtle moral tradition-the exercise of virtues.
HX55AzGku5Y&feature=youtu.be. In fact, it was Roger Alford who first suggested the similarity bet... more HX55AzGku5Y&feature=youtu.be. In fact, it was Roger Alford who first suggested the similarity between festivus and festschrift to me. I hereby give him full credit (and blame) for my confusion and my attempt at humor.
Using Richard Niebuhr's description of Christian approaches to culture, this Article examines the... more Using Richard Niebuhr's description of Christian approaches to culture, this Article examines the way Christians approach law, focusing on developments over the last 20 years. During that time, synthesists have continued to develop natural law, seeking an understanding of law based on shared human goods and reason, an approach that can generate a common approach among people of all faiths and no faith. Conversionists, including those on both the political left and right, argue for changes in law that will reflect Christian understandings of the good. Separatists (including many former conversionists) argue that American culture and law have become so corrupt, materialistic, and hedonistic that Christians should withdraw from public life and focus on developing faithful communities that might be a witness to the world. Dualists argue that though influence in the world requires compromise, Christians
Pepperdine's Nootbaar Institute was honored to have Sanford Levinson deliver the 2010 Brandeis le... more Pepperdine's Nootbaar Institute was honored to have Sanford Levinson deliver the 2010 Brandeis lecture. His topic, "Compromise and Constitutionalism," addresses how we might live with our greatest differences. Levinson's lecture, along with responses from some of the nation's leading scholars of jurisprudence, constitutional law, legal history, and dispute resolution, is included in this symposium edition of the Pepperdine Law Review.
As the California Supreme Court urged in Elmore v. American Motors Corp., 451 P.2d 84, 89 (Cal. 1... more As the California Supreme Court urged in Elmore v. American Motors Corp., 451 P.2d 84, 89 (Cal. 1969), one of the first cases to allow bystander recovery in strict products liability: If anything, bystanders should be entitled to greater protection than the consumer or user where injury to bystanders from the defect is reasonably foreseeable. Consumers and users, at least, have the opportunity to inspect for defects and to limit their purchases to articles manufactured by reputable manufacturers and sold by reputable retailers, where as the bystander ordinarily has no such opportunities. In short, the bystander is in greater need of protection from defective products which are dangerous, and if any distinction should be made between bystanders and users, it should be made, contrary to the position of defendants, to extend greater liability in favor of the bystanders. Id. 'During the early stages of strict products liability in tort, there was some doubt as to whether injured bystanders would be entitled to any recovery, but courts have now generally placed bystanders on an equal footing with consumers. See cases cited brfru note 25. See infra text accompanying notes 30-32. See infra text accompanying notes 33-56. See infra text accompanying notes 57-66. ' Professors James Henderson and Aaron Twerski make a strong argument that courts will not and should not extend liability to manufacturers of nondefective products.
This article will consider the two dramatic changes that collaborative practice [CP] brings to la... more This article will consider the two dramatic changes that collaborative practice [CP] brings to law practice: a change in the mental attitude of lawyers and clients toward the conflict and a change in lawyers\u27 counseling techniques. Part II defines CP and compares it to traditional negotiation-pending-litigation. Part III considers the change in attorney and client mental attitudes wrought by CP, where both lawyers and clients take responsibility for identifying a resolution that will meet the needs of all of the parties. Part IV considers the type of client-counseling that is often generated by CP-lawyers in CP may strongly encourage clients to find a resolution that meets the needs of all of the parties. I conclude with a consideration of the possible future of CP
Each of the nine chapters of Law and the Bible is cowritten by a legal scholar and a theologian. ... more Each of the nine chapters of Law and the Bible is cowritten by a legal scholar and a theologian. The goal of these pairings is "to integrate different areas of human learning" and to ensure that the work addresses concerns that "legal scholars alone or theologians alone might miss" (15). With rare exceptions, the contents of each of the chapters should be fully accessible to the educated lay reader. Prior legal training is not required because, for all of the authors, the level of applicability of the biblical text stops well short of an agenda for the sorts of policies to which many Christians of varying political persuasions often put it. Each of the essays presumes facility with the biblical text and at least some awareness of hermeneutics and the history of biblical interpretation. Coming from the leading publisher in American Evangelicalism, these presumptions will generally be met among the readership of Law and the Bible. Drawing from the book of Genesis, the rst chapter of Law and the Bible, "The Biblical Foundations of Law: Creation, Fall and the Patriarchs," shows the strong inuence of the Reformed "two-kingdoms" approach of coauthor David VanDrunen, whose book Natural Law and the Two Kingdoms: A Study in the Development of Reformed Social Thought was previously reviewed in the Journal. 1 Whatever reservations might be had about some aspects of two-kingdoms theology need not keep one from drawing valuable insights from this chapter. Questions of authority (distinguished from power), the nature of "the good" (distinguished from desires), and the place of law both before and after the fall into sin are well displayed. The chapter is worth reading for its careful parsing of the creation account, analysis of the implications of sin, exegesis of the Noahic covenant, and attention to the contemporary signicance of patterns of patriarchal life. Chapter 2, "Law and Political Order: Israel's Constitutional History," largely follows the pattern of analysis seen in the rst chapter. Relying signicantly on the political-theological work of Oliver O'Donovan, law professor William Brewbaker and theologian V. Philips Long review topics such as holy war, Israel as a nation among the nations, the contemporary signicance of the mixed nature of its government, and the theo-political import of Israel's eventual exile. Brewbaker and Long accept the traditional dating and authorship of what Christians identify as the "historical books" of the Hebrew Scriptures. They do not, however, read them without nuance. The historical and cultural distance of the modern reader from the circumstances of ancient Israel is taken seriously. Thus, they caution that "the Old Testament has proven susceptible to misuse as a political sourcebook" if only because "Israel [had], during this period, a wide variety of political institutions and practices, none of which seem[ed] to have been adequate" (50). They ultimately argue that the questions of modern political theory-the relationships of individuals, associations, and the state-are simply absent from the biblical text, and that to derive specic answers to those questions from that text is therefore misguided. Instead, they conclude that the contemporary political signicance of these historical accounts lies in their fundamental teachings about a God whose providential control extends to the weal and woe of human activity generally and not the details of political or legal rules. The three subsequent chapters address specic application of the Torah, Wisdom literature, and the prophetic writings to contemporary state law. Here, one can observe an increasing variety of 1 C.
In Collaborative Practice (CP), the clients and their attorneys (and other professionals in the c... more In Collaborative Practice (CP), the clients and their attorneys (and other professionals in the case, if there are any) contract to resolve the issues presented in a structured process without litigation. Lawyers who engage in CP are governed by the legal professional rules in their state. However, Collaborative Practice differs greatly from adversarial dispute resolution practice. It challenges practitioners in ways not necessarily addressed by the ethics of individual disciplines. Therefore, collaborative professionals have developed their own standards to provide guidance for their members. Cochran describes the legal and ethical context within which professionals engage in CP in the United States. He considers the ethics of CP under the American Bar Association Model Rules of Professional Conduct and under the International Association of Collaborative Professionals’ (IACP) Ethical Standards for Collaborative Practitioners, the most common set of guidelines for collaborative pro...
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