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Joint Defense Agreements And Disqualification Of Co-Defendant's Counsel,, Arnold Rochvarg

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How should courts rule on the issue of joint defense agreements and motions for disqualification of another joint defense member's attorney in subsequent litigation? After analyzing prior cases that attempt to resolve the issue, it is clear that no generally accepted analysis of the disqualification issue exists. This article proposes an analytic framework for courts to use when ruling on such motions for disqualification arising in the context of prior joint defense agreements.

Although some courts have found an implied attorney-client relationship among all members and attorneys of the joint defense agreement, this view is flawed and based on a …

U.S. “Methods Awareness” (Methodenbewußtsein) For German Jurists, James Maxeiner

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The purpose of this contribution is to help develop Methods Awareness in German jurists unfamiliar with American law. It shows how distant from German understanding present-day American practice is. It proceeds from Fikentscher's thumbnail sketch of German Prevailing Teaching: "this method starts from norm-thinking, therefore thinks in rules, that are applied to the case at hand." It refers to the core elements of this teaching, namely the place of the legal norm (Rechtssatz) in the legal order (Rechtsordnung) and its application to a particular set of facts (i.e., subsumption), and discusses the significance of these concepts in American law. It …

International Legal Careers: Paths And Directions, James Maxeiner

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Discusses lack of clear career paths in international legal practice.