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Articles 1 - 11 of 11

Full-Text Articles in Legal Profession

My First Appellate Argument: It Can Only Get Better, Jon O. Newman Oct 2004

My First Appellate Argument: It Can Only Get Better, Jon O. Newman

The Journal of Appellate Practice and Process

No abstract provided.


Will The Ninth Circuit Be Reversed In Banaitis V. Commissioner?, Richard Mason Sep 2004

Will The Ninth Circuit Be Reversed In Banaitis V. Commissioner?, Richard Mason

Nevada Law Journal

No abstract provided.


Are You Experienced?: Examining The Need For Specialized Ethics Rules In Patent Litigation, Benjamin J. Sodey Mar 2004

Are You Experienced?: Examining The Need For Specialized Ethics Rules In Patent Litigation, Benjamin J. Sodey

ExpressO

Any attorney licensed to practice before a federal district court, regardless or his or her area of specialization, may file a patent infringement suit on behalf of a client in that court. The possibility exists, therefore, for an attorney having little or no intellectual property experience to represent clients in complex patent litigation matters. Due to this, infringement defendants and their counsel may find themselves on the receiving end of a dubious patent claim brought by attorneys lacking patent law experience. This article discusses whether the existing rules governing attorney conduct, such as professional responsibility, procedural, or statutory rules, are …


Zeal By All Means, But Only Within The Rules, Paul R. Tremblay, J. Charles Mokriski Feb 2004

Zeal By All Means, But Only Within The Rules, Paul R. Tremblay, J. Charles Mokriski

Paul R. Tremblay

No abstract provided.


Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck Jan 2004

Remaining Silent: A Right With Consequences, 38 J. Marshall L. Rev. 649 (2004), Jeffrey D. Waltuck

UIC Law Review

No abstract provided.


Facing The Challenge: Corruption State Capture And The Role Of Multinational Business, 37 J. Marshall L. Rev. 1181 (2004), Nikolay A. Ouzounov Jan 2004

Facing The Challenge: Corruption State Capture And The Role Of Multinational Business, 37 J. Marshall L. Rev. 1181 (2004), Nikolay A. Ouzounov

UIC Law Review

No abstract provided.


Standards Of Evidence In Administrative Proceedings, William H. Kuenhle Jan 2004

Standards Of Evidence In Administrative Proceedings, William H. Kuenhle

NYLS Law Review

No abstract provided.


The Duty To Preserve Documents Before Litigation Commences, Camille Cameron Jan 2004

The Duty To Preserve Documents Before Litigation Commences, Camille Cameron

Articles, Book Chapters, & Popular Press

This paper explores the nature, extent and boundaries of the duties that exist to preserve relevant documents where no litigation has yet commenced and where such litigation can be reasonably anticipated. It uses as the context for this discussion the recent tobacco litigation case McCabe v. British Australian Tobacco (BA T). The duties to preserve are considered from the perspectives of prospective plaintiffs, who need the documents to prove a claim; prospective defendants (and their servants, agents and employees), who may for legitimate reasons have document management policies that call for routine destruction of documents; and judges (and juries), who …


Global Antitrust Enforcement: The Sherman Act Does Not Apply Without Any Direct Domestic Effect, But Discovery Assistance May Be Available To Aid A Foreign Tribunal, According To The U.S. Supreme Court, 38 J. Marshall L. Rev. 495 (2004), Sue Ann Mota Jan 2004

Global Antitrust Enforcement: The Sherman Act Does Not Apply Without Any Direct Domestic Effect, But Discovery Assistance May Be Available To Aid A Foreign Tribunal, According To The U.S. Supreme Court, 38 J. Marshall L. Rev. 495 (2004), Sue Ann Mota

UIC Law Review

No abstract provided.


Courts As Forums For Protest, Jules Lobel Jan 2004

Courts As Forums For Protest, Jules Lobel

Articles

For almost half a century, scholars, judges and politicians have debated two competing models of the judiciary's role in a democratic society. The mainstream model views courts as arbiters of disputes between private individuals asserting particular rights. The reform upsurge of the 1960s and 1970s led many to argue that courts are not merely forums to settle private disputes, but can also be used as instruments of societal change. Academics termed the emerging model the hein"public law" or "institutional reform" model.

The ongoing debate between these two views of the judicial role has obscured a third model of the role …


International Clinical Externships: Boston College Law School’S London Program, Alan Minuskin Dec 2003

International Clinical Externships: Boston College Law School’S London Program, Alan Minuskin

Alan D. Minuskin

No abstract provided.