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Full-Text Articles in Law
Why Baseball’S Antitrust Exemption Survives, J. Gordon Hylton
Why Baseball’S Antitrust Exemption Survives, J. Gordon Hylton
Faculty Publications
No abstract provided.
Getting Along: The Evolution Of Dispute Resolution Regimes In International Trade Organizations, Andrea Kupfer Schneider
Getting Along: The Evolution Of Dispute Resolution Regimes In International Trade Organizations, Andrea Kupfer Schneider
Faculty Publications
No abstract provided.
The Demise Of Hypothetical Jurisdiction In The Federal Courts, Scott C. Idleman
The Demise Of Hypothetical Jurisdiction In The Federal Courts, Scott C. Idleman
Faculty Publications
This article examines the causes, nature, and potential demise of a federal judicial practice known as hypothetical jurisdiction, whereby a court renders a binding judgment in a case without first verifying that it has the power to do so. By the mid-1990s, every federal court of appeals had adopted the practice, despite the fact that it violated fundamental tenets of judicial power and, in some cases, the Constitution itself. In 1998, the Supreme Court attempted to repudiate this practice, but the scope of the repudiation was not clearly delineated and the Court left unresolved a number of questions and left …
Financial Abuses Of Elderly Clients, Alison Barnes
Financial Abuses Of Elderly Clients, Alison Barnes
Faculty Publications
This article identifies what is meant by financial abuse of the elderly, discusses who are the abusers and victims, and illustrates how to identify instances of financial abuse. The author then discusses the possible responses to identified financial abuse, including responses by attorneys, state agencies, and federally mandated programs and acts. She concludes that where an older person is dependent for care on a family member, financial abuse may be best controlled through oversight of the interaction between the caregiver and care receiver, as well as modification of financial arrangements to limit the exposure of the care receiver's assets.
Ethics Consult: Client Choice, Wise Counsel, And Economic Realities: The Forces That Shape The Representation Of Elders, Michael K. Mcchrystal
Ethics Consult: Client Choice, Wise Counsel, And Economic Realities: The Forces That Shape The Representation Of Elders, Michael K. Mcchrystal
Faculty Publications
The relationship between a client and attorney, while always complex, may become even more complicated when the client is elderly. This column explores three aspects of particular importance in such cases.
Ethics Consult: Building Relationships That Work, Michael K. Mcchrystal
Ethics Consult: Building Relationships That Work, Michael K. Mcchrystal
Faculty Publications
No abstract provided.
Planning For A Disabled Child, Judith G. Mcmullen
Planning For A Disabled Child, Judith G. Mcmullen
Faculty Publications
Estate planning must be handled with care to ensure that the disabled child is adequately provided with financial resources and personal assistance throughout his or her life span. This article examines many means for doing so without jeopardizing the child's chances for receiving government assistance.
Review: The Essence Of Property Law, Vada Waters Lindsey
Review: The Essence Of Property Law, Vada Waters Lindsey
Faculty Publications
No abstract provided.
The Burden Of Being Poor: Increased Tax Liability? The Taxation Of Self-Help Programs, Vada Waters Lindsey
The Burden Of Being Poor: Increased Tax Liability? The Taxation Of Self-Help Programs, Vada Waters Lindsey
Faculty Publications
No abstract provided.
Does Congress Have The Power To Make The States Amenable To Suit In Federal Court For Claims Under The Lanham Act?, Jay E. Grenig
Does Congress Have The Power To Make The States Amenable To Suit In Federal Court For Claims Under The Lanham Act?, Jay E. Grenig
Faculty Publications
No abstract provided.
Can A U.S. District Court Enjoin A Defendant From Transferring Or Assigning Assets Held Outside Of The Court's Jurisdiction?, Jay E. Grenig
Can A U.S. District Court Enjoin A Defendant From Transferring Or Assigning Assets Held Outside Of The Court's Jurisdiction?, Jay E. Grenig
Faculty Publications
No abstract provided.
Can Congress Make States Amenable To Suit In Federal Court For Claims Of Patent Infringement?, Jay E. Grenig
Can Congress Make States Amenable To Suit In Federal Court For Claims Of Patent Infringement?, Jay E. Grenig
Faculty Publications
No abstract provided.
How Clearly Must A Judge Instruct The Jury That It Should Consider Mitigating As Well As Aggravating Factors In Making Its Sentencing Decision?, Jay E. Grenig
Faculty Publications
No abstract provided.
Does An Auto Manufacturer's Compliance With National Traffic And Motor Vehicle Safety Standards Pre-Empt Suits For Defective Design?, Ralph C. Anzivino
Does An Auto Manufacturer's Compliance With National Traffic And Motor Vehicle Safety Standards Pre-Empt Suits For Defective Design?, Ralph C. Anzivino
Faculty Publications
No abstract provided.
From The Fall Of The Bell System To The Telecommunications Act: Regulation Of Telecommunications Under Judge Greene, Joseph D. Kearney
From The Fall Of The Bell System To The Telecommunications Act: Regulation Of Telecommunications Under Judge Greene, Joseph D. Kearney
Faculty Publications
No abstract provided.
The American Courtroom Trial: Pop Culture, Courthouse Realities, And The Dream World Of Justice, David Ray Papke
The American Courtroom Trial: Pop Culture, Courthouse Realities, And The Dream World Of Justice, David Ray Papke
Faculty Publications
No abstract provided.
Spoiling A Good Walk: Does The Ada Change The Rules Of Sport?, Paul M. Anderson
Spoiling A Good Walk: Does The Ada Change The Rules Of Sport?, Paul M. Anderson
Faculty Publications
No abstract provided.
At The Foot Of The Master: What Dickens Got Right About What Lawyers Do Wrong, Michael K. Mcchrystal
At The Foot Of The Master: What Dickens Got Right About What Lawyers Do Wrong, Michael K. Mcchrystal
Faculty Publications
No abstract provided.
Ethics Consult: An Ethics Problem Involving Financial Abuse, Michael K. Mcchrystal
Ethics Consult: An Ethics Problem Involving Financial Abuse, Michael K. Mcchrystal
Faculty Publications
What are a lawyer's ethical obligations to a client after termination of duties contracted? Is the legal professional responsible for actions on the part of a party other than the client as a result of advice given to a client? Exactly who is the client when more than one person is involved?
When Should A Habeas Claim Be Dismissed As Being A "Second Or Successive" Application?, Jay E. Grenig
When Should A Habeas Claim Be Dismissed As Being A "Second Or Successive" Application?, Jay E. Grenig
Faculty Publications
No abstract provided.
Can An Employee Who Applies For Social Security Disability Benefits Be A “Qualified Individual With A Disability” Under The Ada?, Jay E. Grenig
Can An Employee Who Applies For Social Security Disability Benefits Be A “Qualified Individual With A Disability” Under The Ada?, Jay E. Grenig
Faculty Publications
No abstract provided.