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Joint Defense Agreements And Disqualification Of Co-Defendant's Counsel,, Arnold Rochvarg Oct 1998

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 ...


Juries And Damages: A Commentary, Nancy S. Marder Feb 1998

Juries And Damages: A Commentary, Nancy S. Marder

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No abstract provided.


Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric Easton Jan 1998

Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric Easton

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This article focuses on the publication ban issued by a Canadian court in a notorious murder trial, and the popular reaction to the publication ban, as a case study of the new global communications environment. Part I reconstructs the factual circumstances that provoked the ban, as well as the responses of the media, the legal establishment, and the public. Part II examines the ban itself, the constitutional challenge mounted by the media, and the landmark Dagenais decision. Part III reflects on the meaning of the entire episode for law, journalism, and national sovereignty.

The Dagenais decision demonstrates the continued independence ...