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Articles 1 - 30 of 215
Full-Text Articles in Law
Hiding Evidence From The Boss: Attorney-Client Privilege And Company Computers, Kelcey Nichols
Hiding Evidence From The Boss: Attorney-Client Privilege And Company Computers, Kelcey Nichols
Washington Journal of Law, Technology & Arts
Recent court decisions in In re Asia Global Crossing, Ltd., People v. Jiang, and Curto v. Medical World Communications have held that attorney-client privilege can protect certain information located on an employer-issued computer from disclosure if the employee had a reasonable expectation of privacy. This Article provides a brief background on attorney-client privilege and explores the factors courts consider when determining whether an employee has this reasonable expectation. These factors include the scope of employer monitoring, the employer-employee agreement pertaining to the computer, the presence of password-protection, the location of the computer, and the relevancy of the evidence …
Vol. 4, No. 07 (November/December 2006)
Clark Memorandum: Fall 2006, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
Clark Memorandum: Fall 2006, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School
The Clark Memorandum
- Grief and Hope (Hassan Jallow)
- Thoughts on the Family: A Proclamation to the World (Annette W. Jarvis)
- The Other Side of Time (Sheila K. McCleve)
- Utah's Board of Pardons and Parole (Jane H. Wise)
Edward R. Becker: A Man In Full, Stephen B. Burbank
Edward R. Becker: A Man In Full, Stephen B. Burbank
All Faculty Scholarship
No abstract provided.
Living With The Bologna Process: Recommendations To The German Legal Education Community From A U.S. Perspective, Laurel S. Terry
Living With The Bologna Process: Recommendations To The German Legal Education Community From A U.S. Perspective, Laurel S. Terry
Faculty Scholarly Works
The Bologna Process is a dramatic development that is less than ten years old, but already it has significantly reshaped higher education in Germany and in Europe. This article is based on my research regarding the history and objectives of the Bologna Process and Bologna Process implementation in Germany. It contains my reflections about the Bologna Process and German legal education and my recommendations to the German legal education community.
Conflicts Of Interest And Institutional Litigants, Curtis E.A. Karnow
Conflicts Of Interest And Institutional Litigants, Curtis E.A. Karnow
ExpressO
This paper uses techniques borrowed from the field of game theory to describe rational bargaining among institutional litigants, and explains how the results, while often not leading to the rational outcome in a given case, do rationally serve a more general strategy. The paper then reviews the law on conflicts of interests and concludes that such conflicts—as between attorney and client, and among clients—will often result when institutional litigants bargain. The paper continues with a review on the law of waiver and provides a basis to accommodate the conflicts of interests. That accommodation however will often not be practical, and …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
A Satire Of Law Firm Employment Practices (Book Review Of Anonymous Lawyer, By Jeremy Blachman), Miriam A. Cherry
A Satire Of Law Firm Employment Practices (Book Review Of Anonymous Lawyer, By Jeremy Blachman), Miriam A. Cherry
ExpressO
My essay is a review of Jeremy Blachman’s new book, Anonymous Lawyer. The book is a black-humorous stab at the hearts and souls of large elite law firms everywhere (if firms had such things as hearts and souls). In this review essay, I discuss why the blog struck a chord with so many readers, and why the novel Anonymous Lawyer contains a serious message about employment at law firms. First, I place Anonymous Lawyer within the tradition of satire surrounding the legal profession. Specifically, I compare Blachman’s novel to John Jay Osborne Jr.’s earlier novel The Associates, which also takes …
The Case For American History In The Law-School Curriculum, Harold P. Southerland
The Case For American History In The Law-School Curriculum, Harold P. Southerland
ExpressO
This article argues for the teaching of American History throughout the first year of law school. I do not believe that students can fully understand the cases they are reading in other courses without a knowledge of environing context. Understanding American History -- which is many respects doesn't paint a flattering picture -- may also help students in making fundamental choices about what role they wish to play in their careers as lawyers. I believe it is time to recognize that too much of the profession is run as a business and not as a noble calling dedicated to helping …
How I Got To The New York Court Of Appeals, Albert M. Rosenblatt
How I Got To The New York Court Of Appeals, Albert M. Rosenblatt
The Journal of Appellate Practice and Process
No abstract provided.
Preface, D. P. Marshall Jr.
Preface, D. P. Marshall Jr.
The Journal of Appellate Practice and Process
No abstract provided.
All Right, Retired Judges, Write!, Ruggero J. Aldisert
All Right, Retired Judges, Write!, Ruggero J. Aldisert
The Journal of Appellate Practice and Process
No abstract provided.
Transitioning, Frank M. Coffin
Transitioning, Frank M. Coffin
The Journal of Appellate Practice and Process
No abstract provided.
One Judge's Journey, Janine P. Geske
One Judge's Journey, Janine P. Geske
The Journal of Appellate Practice and Process
No abstract provided.
Stepping Down, D. Brock Hornby
Stepping Down, D. Brock Hornby
The Journal of Appellate Practice and Process
No abstract provided.
A Firm Foundation For Life After The Bench, Vincent L. Mckusick
A Firm Foundation For Life After The Bench, Vincent L. Mckusick
The Journal of Appellate Practice and Process
No abstract provided.
Retired And Working, Roger Philip Kerans
Retired And Working, Roger Philip Kerans
The Journal of Appellate Practice and Process
No abstract provided.
Advocacy At Its Best: The Views Of Appellate Staff Attorneys, Joseph C. Merling
Advocacy At Its Best: The Views Of Appellate Staff Attorneys, Joseph C. Merling
The Journal of Appellate Practice and Process
No abstract provided.
Reflections On Appellate Courts: An Appellate Advocate's Thoughts For Judges, Mary Massaron Ross
Reflections On Appellate Courts: An Appellate Advocate's Thoughts For Judges, Mary Massaron Ross
The Journal of Appellate Practice and Process
No abstract provided.
From The Dean, Lauren K. Robel
From The Dean, Lauren K. Robel
Lauren Robel (2002 Acting; 2003-2011)
No abstract provided.
"The Pride Of Indiana": An Empirical Study Of The Law School Experience And Careers Of Indiana University School Of Law-Bloomington Alumni, Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Kaushik Mukhopadhaya, Timothy Haley
"The Pride Of Indiana": An Empirical Study Of The Law School Experience And Careers Of Indiana University School Of Law-Bloomington Alumni, Kenneth G. Dau-Schmidt, Jeffrey E. Stake, Kaushik Mukhopadhaya, Timothy Haley
Indiana Law Journal
No abstract provided.
Guidelines For The President's Legal Advisors (Including "Principles To Guide The Office Of Legal Counsel "), Dawn E. Johnsen
Guidelines For The President's Legal Advisors (Including "Principles To Guide The Office Of Legal Counsel "), Dawn E. Johnsen
Indiana Law Journal
No abstract provided.
Volume 30, Issue 2 (Fall 2006)
2006 Changes To The Florida Rules Of Professional Conduct, Heather P. Baxter
2006 Changes To The Florida Rules Of Professional Conduct, Heather P. Baxter
Faculty Scholarship
No abstract provided.
Got Wheels?: Article 2a, Standardized Rental Car Terms, And Unilateral Private Ordering, Irma S. Russell
Got Wheels?: Article 2a, Standardized Rental Car Terms, And Unilateral Private Ordering, Irma S. Russell
Faculty Works
This Article examines the modern system of unilateral private ordering facilitated by form contracts in the context of standard form contracts for renting a car. Modern law accepts the presumption of a free market and free bargain in the setting of form contracting despite the lack of bargaining power on the consumer side of the deal. The article assesses the importance of defaults and presumptions in contract law, and presents the results of an empirical review of standard agreement forms of ten leading rental car companies, noting examples of significant alterations to common law defaults. The article also explores the …
Capturing And Critiquing Student Performance: Some Psychodynamic Aspects Of Interviewing, Evangeline Sarda
Capturing And Critiquing Student Performance: Some Psychodynamic Aspects Of Interviewing, Evangeline Sarda
Evangeline Sarda
No abstract provided.
Form And Substance: Standards For Promotion And Retention Of Legal Writing Faculty On Clinical Tenure Track, Melissa H. Weresh
Form And Substance: Standards For Promotion And Retention Of Legal Writing Faculty On Clinical Tenure Track, Melissa H. Weresh
ExpressO
This article compares standards for promotion and retention of legal writing faculty on a clinical tenure track. The article provides a brief history of legal writing professionals and examines specific employment criteria such as teaching, service, and scholarship. The article makes recommendations regarding those criteria based upon an assessment of institutional realities and the historical development of the profession.
Herding Bullfrogs Towards A More Balanced Wheelbarrow: An Illustrative Recommendation For Federal Sentencing Post-Booker, Brian R. Gallini, Emily Q. Shults
Herding Bullfrogs Towards A More Balanced Wheelbarrow: An Illustrative Recommendation For Federal Sentencing Post-Booker, Brian R. Gallini, Emily Q. Shults
ExpressO
The Article argues in favor of shifting the balance in federal sentencing toward a more indeterminate system. By exploring the post-Booker legal landscape at both the federal and state levels, the Article asserts that the judiciary's continued reliance on the “advisory" Guidelines has practically changed federal sentencing procedures very little in form or function. Accordingly, the Article proffers that, rather than insisting upon the Guidelines' immutability, federal sentencing would do well to reflect upon its own history, and the evolution of its state counterparts.