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Articles 1 - 19 of 19
Full-Text Articles in Law
The Likely Source: An Unexplored Weakness In The Net Worth Method Of Proof, Ian M. Comisky
The Likely Source: An Unexplored Weakness In The Net Worth Method Of Proof, Ian M. Comisky
University of Miami Law Review
The government will often suspect a taxpayer of tax evasion if it discovers that the taxpayer's net worth has increased and that the taxpayer did not report the full amount of the increase as taxable income. If the government can establish a likely source for the increase, a jury will be permitted to infer that the taxpayer derived the increase from currently taxable and unreported income. In this article, the author discusses the origins, development, and varied applications of this "likely source inference." Then, after critically examining the constitutional underpinnings of the inference, the author argues that the inference is …
Women's Rights And The Proposed Family Protection Act, Karen Flax
Women's Rights And The Proposed Family Protection Act, Karen Flax
University of Miami Law Review
In this article, the author examines the potential ramifications of the Family Protection Act, a bill recently introduced in the Senate by Senators Jespen and Laxalt. The author criticizes the bill both as a mechanism for legislatively enforcing the traditional role of women in American society and as a threat to civil liberties in general.
Trends In Brazilian Regulation Of Business, Keith S. Rosenn
Trends In Brazilian Regulation Of Business, Keith S. Rosenn
University of Miami Inter-American Law Review
No abstract provided.
How Far May A Lawyer Go In Assisting A Client In Legally Wrongful Conduct?, Geoffrey C. Hazard Jr.
How Far May A Lawyer Go In Assisting A Client In Legally Wrongful Conduct?, Geoffrey C. Hazard Jr.
University of Miami Law Review
Professor Hazard discusses the dimensions of the lawyer conduct prohibited by DR 7-102(A)(7) of the Model Code of Professional Responsibility, which provides that a lawyer shall not "[c]ounsel or assist his client in conduct that the lawyer knows to be illegal or fraudulent." After reviewing relevant principles of agency, tort, and criminal law, Professor Hazard concludes by asking whether it is this positive law outside of the Code that defines the scope of conduct prohibited by DR 7-102(A)(7), or whether the Code contains its own standard that, because of the nature of the lawyer-client relationship, permits lawyers to engage …
A Mandatory Pro Bono Service Standard-Its Time Has Come, Chesterfield H. Smith
A Mandatory Pro Bono Service Standard-Its Time Has Come, Chesterfield H. Smith
University of Miami Law Review
Despite the efforts of ardent advocates such as Chesterfield Smith, former president of the American Bar Association, the legal profession has continually failed to adopt a rule requiring mandatory pro bono services. In this article, Mr. Smith proposes a definitive, yet flexible, pro bono rule to govern lawyers' conduct. The author explains that the flexible nature of such a rule will accommodate the individual circumstances of members of the bar while serving the needs of society.
The Function Of A Code Of Legal Ethics, L. Ray Patterson
The Function Of A Code Of Legal Ethics, L. Ray Patterson
University of Miami Law Review
The traditional view that the function of a code of legal ethics is to define the duties of lawyers and the rights of clients is based on the perception of the lawyer-client relationship as one of simple agency in which the lawyer has the utmost duty of loyalty to the client. The author suggests, however, that this perception is a fallacy that, by overlooking the fact that clients also have duties and lawyers also have rights, can result in antilegal rules of ethics. This result can be escaped, the author proposes, by integrating rules of ethics and rules of positive …
The Code Of Professional Responsibility, The Kutak Rules, And The Trial Lawyer's Code: Surprisingly, Three Peas In A Pod, W. William Hodes
The Code Of Professional Responsibility, The Kutak Rules, And The Trial Lawyer's Code: Surprisingly, Three Peas In A Pod, W. William Hodes
University of Miami Law Review
No abstract provided.
The Law Of The Sea Conference And Development: Food And Energy Resources, Bernard H. Oxman
The Law Of The Sea Conference And Development: Food And Energy Resources, Bernard H. Oxman
University of Miami Inter-American Law Review
No abstract provided.
Interamerican Cooperation In Obtaining Testimony: The Problems Of Integrating Foreign Systems Of Evidence: A Comparative Study Of The United States, The Federal Republic Of Germany, And Mexico, Mitchell M. Cohen, Martha L. Hutzelman
Interamerican Cooperation In Obtaining Testimony: The Problems Of Integrating Foreign Systems Of Evidence: A Comparative Study Of The United States, The Federal Republic Of Germany, And Mexico, Mitchell M. Cohen, Martha L. Hutzelman
University of Miami Inter-American Law Review
No abstract provided.
A Gathering Of Legal Scholars To Discuss The Professional Responsibility And The Model Rules Of Professional Conduct: Panel Discussion
University of Miami Law Review
No abstract provided.
Are The Model Rules Unconstitutional?, Monroe H. Freedman
Are The Model Rules Unconstitutional?, Monroe H. Freedman
University of Miami Law Review
In this article, Professor Freedman condemns the provisions of the proposed Model Rules of Professional Conduct that would require a lawyer to reveal his client's perjury to a court. Viewing these provisions as an assault on the lawyer-client privilege and the adversary system, which are protected by the fifth and sixth amendments to the United States Constitution, Professor Freedman offers the American Lawyer's Code of Conduct, for which he served as the Reporter, as an alternative. Professor Freedman views the American Lawyer's Code as the preferable alternative to the present ABA Model Code of Professional Responsibility because the American Lawyer's …
Reflections On Dames & Moore V. Regan And The Miami Conference, Alan C. Swan
Reflections On Dames & Moore V. Regan And The Miami Conference, Alan C. Swan
University of Miami Inter-American Law Review
No abstract provided.
Introduction, Soia Mentschikoff, Alan C. Swan
Introduction, Soia Mentschikoff, Alan C. Swan
University of Miami Inter-American Law Review
No abstract provided.
United States Tax Treaty Policy: An Overview, H. David Rosenbloom, Stanley Langbein
United States Tax Treaty Policy: An Overview, H. David Rosenbloom, Stanley Langbein
Articles
No abstract provided.
Selection, Use, And Pay Of An Economist In An Antitrust Case, Stephen E. Nagin
Selection, Use, And Pay Of An Economist In An Antitrust Case, Stephen E. Nagin
University of Miami Law Review
In this practice-oriented article the author examines the use of economic experts in antitrust cases. He analyzes several factors that influence the selection of an economist such as the various schools of economic theory related to antitrust, the time commitments counsel can expect to receive from an expert, the demands of the case, and costs. The article reviews several kinds of payment agreements and recommends which to choose, based on the individual case. The author explains ways to use the economist from before the filing of a complaint through cross-examination of the adversary's expert. Also examining counsel's preparation of the …
Towards A Comprehensive Approach To Clinical Education: A Response To The New Reality, Terence J. Anderson
Towards A Comprehensive Approach To Clinical Education: A Response To The New Reality, Terence J. Anderson
Articles
No abstract provided.
The Language And Logic Of Law: A Case Study, David N. Haynes
The Language And Logic Of Law: A Case Study, David N. Haynes
University of Miami Law Review
Law is a social practice that consists of argument, in large part. This article is a case study of legal argument. The author has undertaken the study in the belief that the forms assumed by legal argument relate to lawyers' conscious or unconscious understanding about what is persuasive in a given legal context. One can articulate these understandings by identifying and describing particular forms of argument and by determining the circumstances in which lawyers use each form. The author examines a set of Supreme Court opinions, using as a guide one of the few contemporary attempts to organize and classify …
Extracting Documents And Information From The Internal Revenue Service, Stuart E. Siegel, Stanley I. Langbein
Extracting Documents And Information From The Internal Revenue Service, Stuart E. Siegel, Stanley I. Langbein
Articles
No abstract provided.
The Third United Nations Conference On The Law Of The Sea: The Ninth Session (1980), Bernard H. Oxman
The Third United Nations Conference On The Law Of The Sea: The Ninth Session (1980), Bernard H. Oxman
Articles
No abstract provided.