In this essay we make two major claims. The first is that public legislatures should think seriously about giving maximum effect to the principle of freedom of contract in company law. This would not only give corporate lawyers the tool they need to provide legal services that match the needs of...

In Portugal, mediation (employing a fundamentally public nature) has gained its own rank among the legal remedies, and the progress of harmonising it with the judiciary is becoming predictable. It is the Justice in Pace in action! The human person is following his path, the one that is called by...

Because of its specific methods that authorize the mediator to have separate discussions with each of the parties, mediation permits tension to fall and brings flexibility to the judicial process. Contradictory proceedings do not apply in mediation. The mediator may speak alone with the party...

This essay discredits current empirical models that are designed to “judge” or rank appellate judges, and then assesses the harms of propagating such models. First, the essay builds on the discussion of empirical models by arguing that (1) the judicial virtues that the legal empiricists set...

The Judicial Councils Reform and Judicial Conduct and Disability Act of 1980 ushered in a new process for dealing with judicial misconduct – one of "decentralized self-regulation." In 2002 Congress amended the Act and also gave the judicial misconduct provisions their own chapter in the United...

This paper is the table of contents and introduction to Royal C. Gardner, Lawyers, Swamps, and Money: U.S. Wetland Law, Policy, and Politics (Island Press 2011). The book is an accessible guide to the complex set of laws governing America's wetlands. After explaining the importance of these...

Parents are judged constantly, by fellow parents and by wider society. But the consequences of judging parents may extend beyond community reputation and social status. One of the harshest potential consequences is the state’s termination of parental rights. In such legal contexts, the state...

This Foreword describes the contributions made by Robert Eli Rosen in his classic, ground-breaking sociological study of inside counsel in business corporations, Lawyers in Corporation Decision-Making (Quid Pro Books, 2010)

As the legal profession gradually reaches equality in numbers among male and female practitioners, the percentage of female law firm partners remains at relatively low levels. Equity partnership in a law firm remains the last bastion of male dominance, shutting the door on sharing the wealth...