Open Access. Powered by Scholars. Published by Universities.®

Legal Profession Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Legal Profession

A Complete Property Right Amendment, John H. Ryskamp Oct 2006

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.


Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp Jun 2006

Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp

ExpressO

This brief comment suggests where the anti-eminent domain movement might be heading next.


Note, The Standard Of Proof Of Causation In Legal Malpractice Cases, Erik M. Jensen Jan 2006

Note, The Standard Of Proof Of Causation In Legal Malpractice Cases, Erik M. Jensen

Faculty Publications

This note argues that the use of a but for standard of causation in legal malpractice cases - i.e., that the plaintiff must show that but for the malpractice he or she would have prevailed in the underlying action - is too stringent, making recovery unreasonably difficult. The note therefore argues for implementation of a lost substantial possibility of recovery standard. This is just a student note, and an old one at that, but a lot of courts and commentators have cited it. In any event, modesty and self-restraint seem to play little role when authors are deciding what to …


A Proposal To Use Common Ground That Exists Between The Medical And Legal Professions To Promote A Culture Of Safety, Steven E. Pegalis Jan 2006

A Proposal To Use Common Ground That Exists Between The Medical And Legal Professions To Promote A Culture Of Safety, Steven E. Pegalis

NYLS Law Review

No abstract provided.


How Social Hierarchies Within The Personal Injury Bar Affect Case Screening Decisions, Mary Nell Trautner Jan 2006

How Social Hierarchies Within The Personal Injury Bar Affect Case Screening Decisions, Mary Nell Trautner

NYLS Law Review

No abstract provided.


How The Plaintiffs’ Bar Bars Plaintiffs, Richard L. Abel Jan 2006

How The Plaintiffs’ Bar Bars Plaintiffs, Richard L. Abel

NYLS Law Review

No abstract provided.


How The Spider Catches The Fly: Referral Networks In The Plaintiffs’ Personal Injury Bar, Sara Parikh Jan 2006

How The Spider Catches The Fly: Referral Networks In The Plaintiffs’ Personal Injury Bar, Sara Parikh

NYLS Law Review

No abstract provided.


Blame It On The Bee Gees: The Attack On Trial Lawyers And Civil Justice, Robert S. Peck, John Vail Jan 2006

Blame It On The Bee Gees: The Attack On Trial Lawyers And Civil Justice, Robert S. Peck, John Vail

NYLS Law Review

No abstract provided.


Texas Plaintiffs’ Practice In The Age Of Tort Reform: Survival Of The Fittest — It’S Even More True Now, Stephen Daniels, Joanne Martin Jan 2006

Texas Plaintiffs’ Practice In The Age Of Tort Reform: Survival Of The Fittest — It’S Even More True Now, Stephen Daniels, Joanne Martin

NYLS Law Review

No abstract provided.