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Full-Text Articles in Law

Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry Oct 2014

Globalization And The Aba Commission On Ethics 20/20: Reflections On Missed Opportunities And The Road Not Taken, Laurel S. Terry

Faculty Scholarly Works

The ABA Commission on Ethics 20/20 was established in order to “perform a thorough review of the ABA Model Rules of Professional Conduct and the U.S. system of lawyer regulation in the context of advances in technology and global legal practice developments.” The thesis of this article is that the Commission was much more successful with the “technology” aspect of its work than it was with the globalization aspect of its work. This article offers an explanation for these differing levels of success and identifies an alternative path the Commission might have taken that might have led to greater success …


Putting The Legal Profession's Monopoly On The Practice Of Law In A Global Context, Laurel S. Terry May 2014

Putting The Legal Profession's Monopoly On The Practice Of Law In A Global Context, Laurel S. Terry

Faculty Scholarly Works

When considering the proper scope of the U.S. legal profession's monopoly, regulators and commentators may find it useful to compare the scope of the U.S. monopoly with the legal profession monopolies found in other countries. This Article surveys what we know-and do not know-about the scope of the monopoly in countries other than the United States. The Article finds that the state of knowledgeon this topic is relatively undeveloped, that the scope of the U.S. legal profession's monopoly appears to be larger than the scope of the monopoly found in some other countries, but that the "conventional wisdom" may be …


Forewarned Is Forearmed: Anticipating Big Changes For The Legal Profession, Laurel Terry Jan 2014

Forewarned Is Forearmed: Anticipating Big Changes For The Legal Profession, Laurel Terry

Faculty Scholarly Works

No abstract provided.


Teaching Law Day: A Senior Moment, Michael A. Mogill Jan 2014

Teaching Law Day: A Senior Moment, Michael A. Mogill

Faculty Scholarly Works

This article is a recount of a talk given at a nursing home. The talk regarded many topics but the main focus of the talk was an interactive discussion regarding the Liebeck v. McDonald's Restaurants, or the Hot Coffee case.


No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome Jan 2014

No Witness, No Case: An Assessment Of The Conduct And Quality Of Icc Investigations, Dermot Groome

Faculty Scholarly Works

No abstract provided.


Standard Essential Patents, Trolls, And The Smartphone Wars: Triangulating The End Game, Daryl Lim Jan 2014

Standard Essential Patents, Trolls, And The Smartphone Wars: Triangulating The End Game, Daryl Lim

Faculty Scholarly Works

Few legal issues in recent years have captured the public's attention more powerfully than litigation over standard essential patents ("SEPs"). This Article explains how SEP litigation overlaps with two other major centers of patent litigation-litigation involving smartphones and patent assertion entities ("PAEs"). It observes that attempting to pre-empt patent hold-ups by imposing blanket ex ante disclosure obligations and royalty caps on standard setting organizations ("SSOs") is misdirected and counterproductive. Instead, the solution lies in clear and balanced rules to determine "fair, reasonable and non-discriminatory" (FRAND) royalties and injunctive relief. This solution will help parties make more realistic assessments of their …