... With the advent of the new millennium and a rapidly changing international outlook, Japan, China, and Korea have been at the forefront of recent media attention, focused primarily on the rapidly gaining influence and power that these countries wield on a level no longer limited to Asia. ... Some argue that the vagueness inherent in China's description of the role of domestic lawyers or law ...

This essay marks the occasion of my fourth trip to Boulder to participate in one of Phil Weiser’s justly celebrated conferences on the state of the telecommunications industry. I’m happy to report that all is well in the industry for lawyers, because the same basic arguments rage on in all the usual forums and show little sign of abating. All is well for academic commentators too, because the a...

Who is ultimately responsible for the harms that befall us? Corporations who make dangerous products, or the consumers who use them? The answer to this question has a profound impact on how personal injury lawyers screen products liability cases. In this chapter, I analyze results from an experimental vignette study in which 83 lawyers were asked to evaluate a hypothetical products liability ca...

In this paper we investigate how the advice that lawyers provide to their clients affects the disclosure of evidence and the outcome of adjudication, and how the adjudicator should allocate the burden of proof in light of the effect. Despite lawyers’ expertise in assessing the evidence, their advice is found to have no effect on adjudication in a broad set of circumstances, if legal advice is c...

LW 1200. How Lawyers Think: An Introduction to American Legal Thought. 4 Hours. Introduces students to legal analysis by exploring the history of American legal thought. Perhaps more than any other, American society is governed by lawyers. Explores how innovations in legal theory both emerged from and helped shape policy responses to some of America’s biggest governance challenges, including ec...

Given that ―rule-based analysis is the dominant form of reasoning‖ used by lawyers, it is probably safe to say that most lawyers would agree with Aristotle‘s sentiment. After all, this is how lawyers are taught to think in law school. Three years of their lives are slavishly devoted to the pursuit of logic with little to no emphasis on other forms of reasoning. Therefore, it is not surprising t...

Contrary to numerous other professionals, lawyers are political agents in their daily professional practices. They habitually act through legalistic struggles to alter allocation of public goods (Halliday and Karpik, 1997). Frequently, they either function in politics and/or have meaning in politics (Abel, 1989, 1995; Barzilai, 2005; Eulau and Sprague, 1964; Feeley and Krislov, 1990, Feeley and...

Psychotherapists' and physicians' sexual contact with their patients has been long held as unethical conduct. However, lawyers' sexual contact with clients has been largely ignored in the professional literature. This article uniquely anatomizes the similarities in the vulnerabilities and power imbalances that exist between psychotherapists' and lawyers' relationships with patients/clients. The...