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Papers by Charles Weisselberg

Federal Sentencing Reporter, 1993

SSRN Electronic Journal, 2000

ABSTRACT The paper explores the development of white-collar criminal defense as a specialized pra... more ABSTRACT The paper explores the development of white-collar criminal defense as a specialized practice area, the movement of this practice into large law firms in the U.S., and the broader implications. A number of scholars have researched the structure of the legal profession and the growth of the nation’s largest firms. However, no one has studied the white-collar criminal defense bar since Kenneth Mann in the late 1970s and early 1980s. At that time, these white-collar lawyers were only beginning to associate with large corporate firms. The change has been dramatic over the last three decades, and has important implications. The first parts of the paper describe the growth of corporate law firms and white-collar practices. The migration of this practice into the firms has been facilitated by the break-down of long-standing norms in the civil firms, and has been encouraged by new prosecution policies and an increased focus on corporate crime. Next, we use two data sets to investigate the backgrounds and career paths of white-collar lawyers in the large firms. We explore empirically the extent to which these practices are established by former prosecutors, and how lucrative these practices may be in comparison with other large-firm civil work. We then provide a case study of United States v. Stein, the recent Second Circuit ruling involving the KPMG investigation. Although due to its sheer size, Stein cannot be considered representative of internal corporate investigations and white-collar prosecutions, it provides interesting insights into prosecution and defense practices, as well as the structure of the defense bar. We conclude by addressing larger questions relating to the prosecution and defense functions, as well as the law firms themselves.

The Global Clinical Movement, 2010

ABSTRACT Japan instituted a new system of graduate professional law school education when sixty-e... more ABSTRACT Japan instituted a new system of graduate professional law school education when sixty-eight new law schools opened their doors on April 1, 2004. The new law schools are an integral component of far-reaching reforms that seek to improve the administration of justice in Japan by increasing the number of lawyers, especially in grossly underserved rural areas, and better preparing attorneys for the practice of law domestically and internationally. Japan modeled the new graduate professional law schools after schools in the United States. A large number of the schools adopted clinical legal education programs -- also substantially influenced by law school clinics in the United States. However, the context for clinical legal education in Japan is very different from that in the United States. Japanese clinical education faces severe and sustained difficulties due to issues such as dramatically lower bar passage rates and substantial resistance to law students participating in the delivery of legal services to clients.This chapter analyzes why clinical education was introduced into legal education in Japan and why it is confronting serious obstacles. It begins with a brief explanation of the recent reforms in Japanese legal education. It then describes the status and structure of clinical education in Japan and addresses various challenges to the future of clinical legal education. Next, it describes the teaching and service goals of Japanese clinical education and the current emphasis on simulation programs. Finally, it discusses some hopeful signs that clinical education is gradually taking root in Japan, such as the founding of the Japan Clinical Legal Education Association. Nevertheless, the chapter concludes that Japanese law schools are under strong pressure to transform clinical education towards a model that is far removed from the prevailing model -- in the United States and elsewhere -- in which law students participate in the representation of real clients. At this point in time, the future of clinical education in Japan is uncertain.

... We are particularly grateful to Anita Chen, Lauren Klein, Jeslyn Miller, Tom Rickeman, Rachel... more ... We are particularly grateful to Anita Chen, Lauren Klein, Jeslyn Miller, Tom Rickeman, Rachel Rubinstein, Leslie Stone, and Robert Tian for their skillful research and coding. ... All of these publications draw from Martindale–Hubbell Law Directory data. Page 6. ...

Federal Sentencing Reporter, 1993

Clinical L. Rev., 2006

BUILDING CLINICAL LEGAL EDUCATION PROGRAMS IN A COUNTRY WITHOUT A TRADITION OF GRADUATE PROFESSIO... more BUILDING CLINICAL LEGAL EDUCATION PROGRAMS IN A COUNTRY WITHOUT A TRADITION OF GRADUATE PROFESSIONAL LEGAL EDUCATION: JAPAN EDUCATIONAL REFORM AS A CASE STUDY Peter A. JoY,f Shigeo MiYAGAWA,tt Takao SuAMittt & Charles D ...

Issues in Legal Scholarship, 2013

Federal Sentencing Reporter, 1993

SSRN Electronic Journal, 2000

ABSTRACT The paper explores the development of white-collar criminal defense as a specialized pra... more ABSTRACT The paper explores the development of white-collar criminal defense as a specialized practice area, the movement of this practice into large law firms in the U.S., and the broader implications. A number of scholars have researched the structure of the legal profession and the growth of the nation’s largest firms. However, no one has studied the white-collar criminal defense bar since Kenneth Mann in the late 1970s and early 1980s. At that time, these white-collar lawyers were only beginning to associate with large corporate firms. The change has been dramatic over the last three decades, and has important implications. The first parts of the paper describe the growth of corporate law firms and white-collar practices. The migration of this practice into the firms has been facilitated by the break-down of long-standing norms in the civil firms, and has been encouraged by new prosecution policies and an increased focus on corporate crime. Next, we use two data sets to investigate the backgrounds and career paths of white-collar lawyers in the large firms. We explore empirically the extent to which these practices are established by former prosecutors, and how lucrative these practices may be in comparison with other large-firm civil work. We then provide a case study of United States v. Stein, the recent Second Circuit ruling involving the KPMG investigation. Although due to its sheer size, Stein cannot be considered representative of internal corporate investigations and white-collar prosecutions, it provides interesting insights into prosecution and defense practices, as well as the structure of the defense bar. We conclude by addressing larger questions relating to the prosecution and defense functions, as well as the law firms themselves.

The Global Clinical Movement, 2010

ABSTRACT Japan instituted a new system of graduate professional law school education when sixty-e... more ABSTRACT Japan instituted a new system of graduate professional law school education when sixty-eight new law schools opened their doors on April 1, 2004. The new law schools are an integral component of far-reaching reforms that seek to improve the administration of justice in Japan by increasing the number of lawyers, especially in grossly underserved rural areas, and better preparing attorneys for the practice of law domestically and internationally. Japan modeled the new graduate professional law schools after schools in the United States. A large number of the schools adopted clinical legal education programs -- also substantially influenced by law school clinics in the United States. However, the context for clinical legal education in Japan is very different from that in the United States. Japanese clinical education faces severe and sustained difficulties due to issues such as dramatically lower bar passage rates and substantial resistance to law students participating in the delivery of legal services to clients.This chapter analyzes why clinical education was introduced into legal education in Japan and why it is confronting serious obstacles. It begins with a brief explanation of the recent reforms in Japanese legal education. It then describes the status and structure of clinical education in Japan and addresses various challenges to the future of clinical legal education. Next, it describes the teaching and service goals of Japanese clinical education and the current emphasis on simulation programs. Finally, it discusses some hopeful signs that clinical education is gradually taking root in Japan, such as the founding of the Japan Clinical Legal Education Association. Nevertheless, the chapter concludes that Japanese law schools are under strong pressure to transform clinical education towards a model that is far removed from the prevailing model -- in the United States and elsewhere -- in which law students participate in the representation of real clients. At this point in time, the future of clinical education in Japan is uncertain.

... We are particularly grateful to Anita Chen, Lauren Klein, Jeslyn Miller, Tom Rickeman, Rachel... more ... We are particularly grateful to Anita Chen, Lauren Klein, Jeslyn Miller, Tom Rickeman, Rachel Rubinstein, Leslie Stone, and Robert Tian for their skillful research and coding. ... All of these publications draw from Martindale–Hubbell Law Directory data. Page 6. ...

Federal Sentencing Reporter, 1993

Clinical L. Rev., 2006

BUILDING CLINICAL LEGAL EDUCATION PROGRAMS IN A COUNTRY WITHOUT A TRADITION OF GRADUATE PROFESSIO... more BUILDING CLINICAL LEGAL EDUCATION PROGRAMS IN A COUNTRY WITHOUT A TRADITION OF GRADUATE PROFESSIONAL LEGAL EDUCATION: JAPAN EDUCATIONAL REFORM AS A CASE STUDY Peter A. JoY,f Shigeo MiYAGAWA,tt Takao SuAMittt & Charles D ...

Issues in Legal Scholarship, 2013