LEGAL ETHICS & PROFESSIONAL RESPONSIBILITY eJOURNAL

"Shifting the Lens: A Primer for Incorporating Social Work Theory and Practice to Improve Outcomes for Clients with Mental Health Issues and the Law Students Who Represent Them" Free Download
Mental Health Law & Policy Journal, Volume 3, Issue 2, 2014
Indiana University Robert H. McKinney School of Law Research Paper No. 2014-32

SUSAN W. MCGRAUGH, Saint Louis University - School of Law
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CARRIE HAGAN, Indiana University Robert H. McKinney School of Law
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LAUREN CHOATE, Indiana University Robert H. McKinney School of Law, Saint Louis University - School of Law
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This Essay is an effort to promote the inclusion of interdisciplinary practice in our work as attorneys and in our roles as clinical legal professors. As the legal community continues its renewed emphasis on skills training, law schools should look to other professions in order to produce more lasting solutions for our clients and for more satisfactory outcomes for our lawyers. In this Essay, the authors discuss their work incorporating social work theory and practice into clinical legal education when dealing with clients who have serious mental illness. With some studies reporting up to 64.2% of inmates in the United States having a diagnosed mental illness, it is becoming imperative that law students acquire the skills necessary to adequately represent them. Two pillars of social work practice, Strengths Theory and Systems Theory, are discussed with an emphasis on the role they play in working with this demographic of clients.

"Rethinking the Theory of the Class Action: The Risks and Rewards of Capitalistic Socialism in the Litigation Process" Free Download
Emory Law Journal, Forthcoming
Northwestern Law & Econ Research Paper No. 14-20
Northwestern Public Law Research Paper No. 14-52

MARTIN H. REDISH, Northwestern University - School of Law
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Despite all of the controversial scholarship that has been published in recent years concerning the modern class action, it is both puzzling and disappointing how little of it has sought to grasp the deep structural precepts underlying the device. All too often, the scholarly debate, not to mention the political debate, has broken down along ideological lines: the political left has reflexively favored the device and the political right has reflexively opposed it. However, virtually all of even the serious scholarly work done on the subject has, for the most part, been superficial, failing to pursue, much less to grasp, the practice’s underlying foundational purposes. The purpose of this Article is to seek to understand those foundational purposes. The Article argues that the DNA of the modern class action fundamentally differs from that of the traditional one-on-one litigation process. The relationship between class attorney and class member, for example, is significantly different from the normal relationship between attorney and client. Recognition of these foundational differences should force us to recognize that the attorney-client relationship in the class action context is more like a guardian-ward relationship than a traditional relationship between client and attorney.

This insight does not necessarily mean that the class action is inherently improper. Indeed, in some ways recognition of the guardian model of the modern class action underscores the procedure’s value. But it also underscores the need to recognize the inherently capitalistic nature of that guardian relationship. Where profit incentives for the attorney are in accord with the interests of the class members, the practice should work well. However, all too often, modern class action procedure is plagued by externalities and perverse economic incentives, allowing class attorneys to profit even when class members will benefit virtually not at all. The goal of class action doctrine and rulemaking, then, should be to remove those economic perversions to insure that the capitalistic nature of the process functions effectively.

"Advising Government Clients: Robert H. Jackson and the FBI Suicide Squad" Free Download
22 The Pub. Law. 3

WILLIAM R. CASTO, Texas Tech University - School of Law
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In 1941, Attorney General Robert H. Jackson learned that President Franklin D. Roosevelt had given an informal green light to the creation of an FBI "suicide squad" that would act outside the law to ferret out foreign agents who were fomenting work slow-downs in the defense industry. Jackson immediately wrote this President a memorandum advising against the project. Although he noted in passing that the project was illegal, his advice was predominately based upon policy. He doubted the wisdom of the project. Jackson's advice to his President epitomizes the occasional duty of an attorney adviser to go beyond the law and provide policy advice to a government client.

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Northwestern University - School of Law, Northwestern University - Kellogg School of Management, European Corporate Governance Institute (ECGI)
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Advisory Board

Legal Ethics & Professional Responsibility eJournal

STEPHEN GILLERS
Vice Dean and Professor of Law, New York University School of Law

DAVID J. LUBAN
Georgetown University Law Center

RONALD DANIEL ROTUNDA
Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, Chapman University, The Dale E. Fowler School of Law

WILLIAM H. SIMON
Arthur Levitt Professor of Law, Columbia University - Law School, William W. and Gertrude H. Saunders Professor of Law, Stanford University - Stanford Law School

DAVID B. WILKINS
Harvard Law School - Program on the Legal Profession

CHARLES W. WOLFRAM
Charles Frank Reavis Sr. Professor Emeritus, Cornell Law School