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Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance, Natasa Glisic 2017 Barry University School of Law

Expanding The Slayer Rule In Florida: Why Elder Abuse Should Trigger Disinheritance, Natasa Glisic

Barry Law Review

No abstract provided.


Sex Reassignment Surgery & The New Standard Of Care: An Analysis Of The Role The Federal Court System, The States, Society, And The Medical Community Serve In Paving The Way For Incarcerated Transgendered Persons' Constitutional Right To A Sex Change, Victor J. Genchi 2017 Barry University School of Law

Sex Reassignment Surgery & The New Standard Of Care: An Analysis Of The Role The Federal Court System, The States, Society, And The Medical Community Serve In Paving The Way For Incarcerated Transgendered Persons' Constitutional Right To A Sex Change, Victor J. Genchi

Barry Law Review

No abstract provided.


Civil Justice Reform - An Idaho Imperative, Jim Jones 2017 Idaho Supreme Court

Civil Justice Reform - An Idaho Imperative, Jim Jones

Concordia Law Review

No abstract provided.


Resolución De Compraventa Y Restitución De Inmueble.Pdf, Alan A. Pasco Arauco 2017 Universidad San Marcos

Resolución De Compraventa Y Restitución De Inmueble.Pdf, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.


Mejor Derecho De Propiedad Sobre Aires Sin Incluir Construcción.Pdf, Alan A. Pasco Arauco 2017 Universidad San Marcos

Mejor Derecho De Propiedad Sobre Aires Sin Incluir Construcción.Pdf, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.


What Can The Feds And The French Teach Us About Criminal Restitution In Maine?, Benjamin M. Birney 2017 University of Maine School of Law

What Can The Feds And The French Teach Us About Criminal Restitution In Maine?, Benjamin M. Birney

Maine Law Review

On New Year’s Eve 1981, seventeen year old Kevin Tunell, returning home from a party at which he had consumed a large amount of champagne, struck and killed eighteen year old Susan Herzog. In 1982, Tunell pleaded guilty to manslaughter and was sentenced to lecture to teens on the dangers of drunk driving for one year. Herzog’s family, outraged at what they perceived to be the leniency of the sentence, brought a civil action against Tunell, obtaining a $100,000 settlement from his insurance company. In addition, Tunell agreed to send one dollar to Herzog’s family every ...


Rwu First Amendment Blog: David Logan's Blog: Donald Trump And The Full-Employment-For-Lawyers Presidency, David A. Logan 2017 Roger Williams University School of Law

Rwu First Amendment Blog: David Logan's Blog: Donald Trump And The Full-Employment-For-Lawyers Presidency, David A. Logan

Law School Blogs

No abstract provided.


Trending @ Rwu Law: Louise Ellen Teitz's Post: The Supreme Court And Cross-Border Litigation 04-04-2017, Louise Ellen Teitz 2017 Roger Williams University School of Law

Trending @ Rwu Law: Louise Ellen Teitz's Post: The Supreme Court And Cross-Border Litigation 04-04-2017, Louise Ellen Teitz

Law School Blogs

No abstract provided.


Fairness Beyond The Adversary System: Procedural Justice Norms For Legal Negotiation, Rebecca Holland-Blumoff 2017 Washington University School of Law

Fairness Beyond The Adversary System: Procedural Justice Norms For Legal Negotiation, Rebecca Holland-Blumoff

Fordham Law Review

Part I of this Article provides background on procedural justice and its relationship to negotiation. Part II then discusses the results of a recent empirical study that I conducted on the factors that help shape perceptions of procedural justice in the negotiation setting. Lastly, Part III explores the strategic and ethical implications of these results for the practicing lawyer in settlement negotiations.


Mass Torts And The Pursuit Of Ethical Finality, Lynn A. Baker 2017 University of Texas Law School

Mass Torts And The Pursuit Of Ethical Finality, Lynn A. Baker

Fordham Law Review

Judges, lawyers, and academics largely agree that comprehensive finality is a central goal of mass tort litigation and settlements. More controversial is whether such finality is normatively preferable, inherently ethically problematic, or can be achieved through nonclass aggregate settlements without running afoul of the existing ethics rules. This Article joins this important debate.


Demosprudence On Trial: Ethics For Movement Lawyers, In Ferguson And Beyond, Justin Hansford 2017 Saint Louis Univeristy School of Law

Demosprudence On Trial: Ethics For Movement Lawyers, In Ferguson And Beyond, Justin Hansford

Fordham Law Review

This Article suggests that although civil litigation remains a viable tool, the vanishing trial has limited impact on movement lawyers because we can use the law to promote social change outside of the courtroom. The demosprudence framework helps us to understand this process. By applying this framework to the movement lawyering context, movement lawyers can adapt to the void in voice created by the vanishing trial in civil litigation and still help the movement.


Lawyers' Ethics Beyond The Vanishing Trial: Unrepresented Claimaints, De Facto Aggregations, Arbitration Mandates, And Privatized Processes, Judith Resnik 2017 Fordham Law School

Lawyers' Ethics Beyond The Vanishing Trial: Unrepresented Claimaints, De Facto Aggregations, Arbitration Mandates, And Privatized Processes, Judith Resnik

Fordham Law Review

Trials are a vivid variable in the world of litigation, as reflected in the title of this colloquium, Civil Litigation Ethics at a Time of Vanishing Trials. The conveners have wisely drawn attention to the disjuncture between legal ethics and today’s litigation world. In this Introduction, I argue that the challenges for lawyers loom larger than those reflected in the declining rate of trials. More facets of contemporary dispute resolution need to be engaged when contemplating the topics and roles that legal ethics need to address in the decades to come.


Civil Trials: A Film Illusion?, Taunya L. Banks 2017 University of Maryland Francis King Carey School of Law

Civil Trials: A Film Illusion?, Taunya L. Banks

Fordham Law Review

As Judge Elrod’s comments suggest, the most well-known courtroom film classics, like 12 Angry Men, Anatomy of a Murder, or Witness for the Prosecution are about criminal trials. This fact may be unimportant because the distinction between criminal and civil trial films often is lost on the general public. Unanswered is whether the distinction between criminal and civil trials is important when determining the impact of the decline in real-life civil trials on American popular culture and courtroom films in particular. This question is the focus of this Article.


Busting Up The Pretrial Industry, Andrew S. Pollis 2017 Case Western Reserve University School of Law

Busting Up The Pretrial Industry, Andrew S. Pollis

Fordham Law Review

While some argue that “[r]eturning to a trial model would be a significant step toward fulfilling the traditional expectations for the federal courts,” that step backward is unlikely to occur. But I agree that fixes are in order, and I offer two. First, we should consider requiring at least some parties to engage in early settlement evaluation—ideally before extensive discovery gets underway—by submitting cases to summary jury trials and imposing consequences on parties who choose to disregard the results. Second, we should allocate a greater percentage of judicial resources to discovery management through the routine appointment of ...


Fairness Beyond The Adversary System: Procedural Justice Norms For Legal Negotiation, Rebecca Holland-Blumoff 2017 Washington University School of Law

Fairness Beyond The Adversary System: Procedural Justice Norms For Legal Negotiation, Rebecca Holland-Blumoff

Fordham Law Review

Part I of this Article provides background on procedural justice and its relationship to negotiation. Part II then discusses the results of a recent empirical study that I conducted on the factors that help shape perceptions of procedural justice in the negotiation setting. Lastly, Part III explores the strategic and ethical implications of these results for the practicing lawyer in settlement negotiations.


Demosprudence On Trial: Ethics For Movement Lawyers, In Ferguson And Beyond, Justin Hansford 2017 Saint Louis Univeristy School of Law

Demosprudence On Trial: Ethics For Movement Lawyers, In Ferguson And Beyond, Justin Hansford

Fordham Law Review

This Article suggests that although civil litigation remains a viable tool, the vanishing trial has limited impact on movement lawyers because we can use the law to promote social change outside of the courtroom. The demosprudence framework helps us to understand this process. By applying this framework to the movement lawyering context, movement lawyers can adapt to the void in voice created by the vanishing trial in civil litigation and still help the movement.


Lawyers' Ethics Beyond The Vanishing Trial: Unrepresented Claimaints, De Facto Aggregations, Arbitration Mandates, And Privatized Processes, Judith Resnik 2017 Fordham Law School

Lawyers' Ethics Beyond The Vanishing Trial: Unrepresented Claimaints, De Facto Aggregations, Arbitration Mandates, And Privatized Processes, Judith Resnik

Fordham Law Review

Trials are a vivid variable in the world of litigation, as reflected in the title of this colloquium, Civil Litigation Ethics at a Time of Vanishing Trials. The conveners have wisely drawn attention to the disjuncture between legal ethics and today’s litigation world. In this Introduction, I argue that the challenges for lawyers loom larger than those reflected in the declining rate of trials. More facets of contemporary dispute resolution need to be engaged when contemplating the topics and roles that legal ethics need to address in the decades to come.


The Public Believes Predispute Binding Arbitration Clauses Are Unjust: Ethical Implications For Dispute-System Design In The Time Of Vanishing Trials, Victor D. Quintanilla, Alexander B. Avtgis 2017 Indiana Univeristy, Maurer School of Law

The Public Believes Predispute Binding Arbitration Clauses Are Unjust: Ethical Implications For Dispute-System Design In The Time Of Vanishing Trials, Victor D. Quintanilla, Alexander B. Avtgis

Fordham Law Review

Drawing on these findings, we discuss the pressing need for a wider ethic that applies to transactional attorneys who design binding arbitration clauses within adhesion contracts. We also draw lessons from behavioral legal ethics and social psychology. These lessons reveal that this wider ethic may be endangered by the situational influences that currently operate within law firms (and in-house) due to these two intersecting patterns. We discuss ways of altering the regulatory environment to encourage the wider ethic to flourish.


Restraining Lawyers: From “Cases” To “Tasks”, Morris A. Ratner 2017 UC Hastings College of Law

Restraining Lawyers: From “Cases” To “Tasks”, Morris A. Ratner

Fordham Law Review

These regulatory and market mechanisms for restraining lawyers share a common thread but differ in their purposes, efficacy, and fairness. Despite these differences, the growing intensity of their focus, and their possible amplification of each other, suggest the possibility of the emergence of new professional norms that call on litigators to think more deeply and inclusively about value from the perspective of court and client when making litigation choices.


Closure Provisions In Mdl Settlements, D. Theodore Rave 2017 University of Huston Law Center

Closure Provisions In Mdl Settlements, D. Theodore Rave

Fordham Law Review

Closure has value in mass litigation. Defendants often insist on it as a condition of settlement, and plaintiffs who can deliver it may be able to command a premium. But in multidistrict litigation (MDL), which currently makes up over one-third of the federal docket, closure depends on individual claimants deciding to participate in a global settlement. Accordingly, MDL settlement designers often include terms designed to encourage claimants to opt in to the settlement and discourage them from continuing to litigate. Some of these terms have been criticized as unduly coercive and as benefiting the negotiating parties—the defendant and the ...


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