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Full-Text Articles in Law

Are An Empty Head And A Pure Heart Enough? Mens Rea Standards For Judge-Imposed Rule 11 Sanctions And Their Effect On Attorney Action, Sybil L. Dunlop Mar 2008

Are An Empty Head And A Pure Heart Enough? Mens Rea Standards For Judge-Imposed Rule 11 Sanctions And Their Effect On Attorney Action, Sybil L. Dunlop

Vanderbilt Law Review

"In her wildest dreams, Barbie could not have imagined herself in the middle of Rule 11 proceedings."' However, in 2002, Mattel's Barbie Doll found herself in the center of "acrimonious litigation." Attorney James Hicks brought suit on behalf of Harry Christian, claiming that the Cool Blue Barbie infringed on the Christian Claudene Doll's copyright. Hicks, however, had failed to discover that Mattel designed Cool Blue Barbie six years before Christian's Claudine Doll. In light of this egregious error, the Ninth Circuit held that the district court did not abuse its discretion in finding Hicks' complaint frivolous under Rule 11. Barbie …


Rethinking Section 142 Of The Restatement Of Restitution: Fault, Bad Faith, And Change Of Position, John D. Mccamus Jan 2008

Rethinking Section 142 Of The Restatement Of Restitution: Fault, Bad Faith, And Change Of Position, John D. Mccamus

Washington and Lee Law Review

No abstract provided.


Attorneys As Debt Relief Agencies: Constitutional Considerations, Marisa Terranova Jan 2008

Attorneys As Debt Relief Agencies: Constitutional Considerations, Marisa Terranova

Fordham Journal of Corporate & Financial Law

No abstract provided.


Good Faith And Fair Dealing In Commercial Leasing: The Right Doctrine In The Wrong Transaction, Daniel B. Bogart Dec 2007

Good Faith And Fair Dealing In Commercial Leasing: The Right Doctrine In The Wrong Transaction, Daniel B. Bogart

Daniel B. Bogart

Professor Bogart was keynote lecturer for the 2007 Kratovil Conference Real Estate Law and Practice sponsored by the John Marshall Law School Center for Real Estate Law. This article was solicited in connection with that lecture. In this article, Professor Daniel Bogart criticizes the unfortunate habit of many courts to import the doctrine of good faith and fair dealing, as it has been developed in residential real estate law, into commercial leasing. Commercial leasing practice is hugely important to real property lawyers and generates a significant portion of their legal fees. More importantly, commercial leasing is the driving force behind …