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The Supreme Court today exercises power over the lives of citizens that, in important respects, exceeds that of other branches of the federal government. Life-tenured justices wield this enormous power for two or three decades and the only process that provides some accountability to the people occurs as new appointments regenerate the Court. Because justices now serve so long, that process occurs only rarely and irregularly and may be affected by a justice's desire to have a successor appointed by a like-minded president. Some presidents have great influence on the Court's future decisions by the happenstance that they receive three or more appointments; other presidents have little or no i...
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As the process of internationalization accelerates, comparative law scholars inevitably focus on the adaptation of legal cultures to new realities. It is particularly important, in the global world order as it stands today, to understand (as best we can) the `inner workings' of two groups of lawyers: those in the United States, and those in the major European countries. In which ways do the two groups understand each other, and where do they go their separate ways? And what are the implications for the legal profession and its beneficiaries of their cultural and ideological differences? At a symposium held in Paris twelve scholars from Europe and the United States met to investigate and clar...
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This extensive revision will update this innovative casebook throughout, reporting the many important developments in the field since 1993, & incorporating at many points an analysis of relevant provisions of the ALI Restatement of the Law Governing Lawyers. Many segments of the book are substantially redone, including: the crime-fraud exception to the attorney-client privilege, disclosure of client identity, furtherance of client fraud on third persons or on a tribunal, regulation of excessive fees, role of the government lawyer, responsibilities of the lawyer for a class, form-of-practice restrictions, regulation of multi-state & international practice, & choice of law in multi-state practice.
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