The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., 2015 St. Mary's School of Law, Texas
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Using Occam’S Razor To Solve International Attorney-Client Privilege Choice Of Law Issues: An Old Solution To A New Problem, Nathan M. Crystal, Francesca Giannoni-Crystal
Nathan M. Crystal
The practice of law is increasingly becoming “delocalized.” Globalization and the use of technology are two important factors in this fundamental change in practice. Delocalization is affecting almost all areas of practice, including issues involving attorney-client privilege (ACP).
To some extent the choice-of-law rules governing ACP are also – like other fields of the law - being “delocalized,” but in our view only partially. This paper discusses six approaches to choice of law issues governing ACP that are being used by the courts. Aside from the traditional lex loci approach (which simply applies the law of the forum to the claim of ...
Safe From Subpoena? The Importance Of Certificates Of Confidentiality To The Viability And Ethics Of Research, Emily Haney-Caron, David Dematteo, Naomi E. Goldstein
Akron Law Review
No abstract provided.
Compensation Forfeiture: Stacking Remedies Against Disloyal Agents And Employees, George P. Roach
George P Roach
Stacking Remedies Against Disloyal Agents and Employees
Four cases against outlaw CEO’s who defrauded their companies are reviewed to show the major impact that compensation forfeiture contributes to the total package of remedies awarded. The dual goals of remedies for breach of fiduciary duty of compensation and deterrence result in multiple remedies, generally including a remedy at law to compensate and a remedy in equity to disgorge any benefit from the breach. For claims that the fiduciary or agent breached her duty of loyalty, a third remedy of compensation forfeiture can be added or ‘stacked’ on ...
Newsroom: Margulies On 'Ghostwriting', 2015 Roger Williams University
Newsroom: Margulies On 'Ghostwriting', Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
A Good Rule, Poorly Written: How The Financial Crisis Highlighted The Inadequacy Of Iolta Rate Rules, 2015 The Catholic University of America, Columbus School of Law
A Good Rule, Poorly Written: How The Financial Crisis Highlighted The Inadequacy Of Iolta Rate Rules, Andrew Arthur
Catholic University Law Review
Interest on lawyer trust accounts (IOLTA) provide a substantial component of funding that is used to provide legal aid to needy individuals throughout the United States. However, IOLTA program revenues fluctuate with the deposit interest rates, which have remained near zero after the onset of the 2008 global financial crisis. The Comment examines IOLTA rate rules across the country, and the impact of reduces IOLTA revenues on legal aid programs. The Comment further asserts that IOLTA rate rules are not adequately designed to account for fluctuation in central bank interest rates, causing unanticipated problems for legal aid funding. Finally, the ...
Inmates’ E-Mails With Their Attorneys: Off-Limits For The Government?, 2015 The Catholic University of America, Columbus School of Law
Inmates’ E-Mails With Their Attorneys: Off-Limits For The Government?, Amelia H. Barry
Catholic University Law Review
The attorney-client privilege is vital to inmates who otherwise have limited opportunities for private communications in prison. Traditionally, inmates have only been able to communicate with their attorneys via in-person visits, phone calls, and mailed letters. As federal inmates have begun using e-mail to converse with their attorneys, courts have had to determine if these conversations are protected by the attorney-client privilege. This Comment discusses courts’ approaches to this question, many of which have found that inmates’ e-mail communications with their attorneys are not privileged because by using the federal prison e-mail system, which warns users that conversations can be ...
Resolving The Conflict Between Fiduciary Duties And Socially Responsible Investing, 2015 Christian Brothers Investment Services
Resolving The Conflict Between Fiduciary Duties And Socially Responsible Investing, William Sanders
Pace Law Review
Part I of this Article clarifies and strictly defines the frequently nebulous idea of socially responsible investing (“SRI”), explaining its history, trends, and current status. To give perspective and perhaps temper hype, Part II discusses the efficacy of SRI as a method of change, concluding that while SRI may not have much effect on air quality or oppressive foreign governments, there are situations where SRI is useful and even necessary. Part III looks at the conflict between SRI and the fiduciary duties of trustees, investment advisers, and broker-dealers. It shows the contractual nature of fiduciary duties and why this is ...
Diversity And The Federal Workforce, 2015 Western Michigan University
Diversity And The Federal Workforce, Alev Dudek
In a society based on merit, everyone would be judged by their qualifications and would have equal access to employment opportunities, without limitations based on gender, race, ethnicity, national origin, accent, sexual orientation, and similar protected or non-protected traits. Ideally, the diversity of a workforce would match the make-up of the population, and most importantly, diversity would be scattered proportionally across all income levels.
This paper is examining access to equal opportunity through the example of the federal government. As the nation’s largest employer, the government of the United States has not only an opportunity to demonstrate how access ...
Investigating Jurors On Social Media, 2015 Georgia State University College of Law
Investigating Jurors On Social Media, Caren Myers Morrison
Pace Law Review
This essay proceeds in three parts. First, it examines the current state of jury investigations, and how they differ from those conducted in the past. Then, it describes the evolving legal and ethical positions that are combining to encourage such investigations. Finally, it offers a note of caution–condoning such investigations while keeping them hidden from jurors may be perceived as unfair and exploitative, risking a possible backlash from outraged jurors. Instead, I propose a modest measure to provide notice and explanation to jurors that their online information is likely to be searched, and why.
Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?, 2015 Florida A&M University College of Law
Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?, Nicola A. Boothe-Perry
Pace Law Review
This article will demonstrate how the unregulated use of social media by participants in the justice system (judges, attorneys and jurors specifically) affects the public perception and subsequently the integrity of our justice system. The article will provide a holistic review of social media use by judges, attorneys and jurors, and demonstrate why their use of social media should be harnessed in a manner to ensure compliance with ethical rules and reduce potential negative effects to the social contract between law and society.
Social media is like a culvert. It catches pictures, novelties, personal profiles, gossip, news, unfiltered opinions, and ...
Partnerships Between Aboriginal Organizations And Academics, 2015 Métis National Council
Partnerships Between Aboriginal Organizations And Academics, Clément Chartier
The International Indigenous Policy Journal
The article addresses the importance of the partnership between university professors and the Métis community. The Métis are a distinct nation and people that emerged in the northwest of what is now Canada and a bit into the United States through a process of ethnogenesis. The Métis Nation expressed its nationhood and defended its territory militarily in 1870 and again in 1885. Subsequently, Canada dealt with the Métis as individuals by implementing a scrip system, which displaced the Métis from their lands. In the 1980s and 1990s, the Métis Nation, along with other Aboriginal peoples, engaged in a constitutional process ...
Lost In Compromise: Free Speech, Criminal Justice, And Attorney Pretrial Publicity, 2015 University of Florida Levin College of Law
Lost In Compromise: Free Speech, Criminal Justice, And Attorney Pretrial Publicity, Margaret Tarkington
Florida Law Review
No abstract provided.
An Interdisciplinary Analysis Of The Use Of Ethical Intuition In Legal Compliance Decisionmaking For Business Entities, 2015 University of Maryland Francis King Carey School of Law
An Interdisciplinary Analysis Of The Use Of Ethical Intuition In Legal Compliance Decisionmaking For Business Entities, Eric C. Chaffee
Maryland Law Review
No abstract provided.
Viewing Privilege Through A Prism: Attorney-Client Privilege In Light Of Bulk Data Collection, 2015 Notre Dame Law School
Viewing Privilege Through A Prism: Attorney-Client Privilege In Light Of Bulk Data Collection, Paul H. Beach
Notre Dame Law Review
This Note will argue that the attorney-client privilege is justified not only by the popular instrumentalist rationales, but also by noninstrumentalist thinking. It will further argue that Federal Rule of Evidence 502 gives federal courts the tools to protect the attorney-client privilege in light of bulk data collection. Even where courts do not find that traditional modes of communication constitute reasonable steps to protect a confidential communication, general considerations of fairness—as noted in Rule 502’s committee notes—should encourage courts to uphold attorney-client privilege in future situations of bulk data collection disclosures. Part I will discuss the establishment ...
Time, Ethics And Experience: Review Of David O. Brink's Prospects For Temporal Neutrality, 2015 San Jose State University
Time, Ethics And Experience: Review Of David O. Brink's Prospects For Temporal Neutrality, Pedja Ilic
Themis: Research Journal of Justice Studies and Forensic Science
Are temporal locations of harms and benefits important to human existence? Conventional wisdom unambiguously suggests so, albeit interpretations of various dogmatic texts and beliefs. Discussions about pain, grief, and suffering are commonly favored within past temporal settings, unlike those of happiness, comfort, and wellbeing that permeate conversations with future temporal locales. Past pain is preferred to future pain, even when this choice includes more total pain (Callender, 2011). Should these positive and negative qualifiers that constitute conscious existence have privileged temporal locations? This ethical question, like many others surrounding temporality, inherits both theoretical and pragmatic inquiries - becoming indispensable within moral ...
Liability Insurer Data As A Window On Lawyers’ Professional Liability, 2015 University of Pennsylvania Law School
Liability Insurer Data As A Window On Lawyers’ Professional Liability, Tom Baker, Rick Swedloff
Using the best publicly available data on lawyers’ liability claims and insurance – from the largest insurer of large law firms in the U.S., the American Bar Association’s Standing Committee on Professional Liability, and a summary of large claims from a leading insurance broker–this article reports the frequency of lawyers’ liability claims, the distribution and cost of claims by type of practice, the disposition of claims, and lawyers liability insurance premiums from the early 1980s to 2013. Notable findings include remarkable stability over thirty years in the distribution of claims by area of practice among both small and ...
An Assessment Of Affirmative Action In Business, 2015 University of Connecticut - Storrs
An Assessment Of Affirmative Action In Business, Jordan A. Kennedy
Honors Scholar Theses
Affirmative action has become an inevitable aspect of the employment hiring process. It has been put into place to assist in eradicating the institutionalized discrimination that inherently exists in such practices. On the surface, affirmative action may appear to be something that is beneficial to both the hiring institution and the individual; it seems to be a win-win situation because the business is creating a more diverse workplace and the individual is getting a job that they desired. However, the way that affirmative action is practiced may prevent its overall effectiveness. For example, there are several fundamental flaws with this ...
The Forgotten Rule Of Professional Conduct: Representing A Client With Diminished Capacity, 2015 The John Marshall Law School, Chicago
The Forgotten Rule Of Professional Conduct: Representing A Client With Diminished Capacity, Barry Kozak
All attorneys who maintain client-lawyer relationships must continually, or at least periodically, assess each client’s mental capacity. Under the Model Rules of Professional Conduct, this assessment is a two-step process. First, the attorney must ensure that an individual has enough mental capacity to establish or maintain a normal client-lawyer relationship, and second, the attorney must ensure that the individual has enough mental capacity to legally-bind him or herself in the desired transaction or intended course of action. If the attorney determines that at any point in time, a particular client has diminished capacity, then Model Rule 1.14 requires ...
Stop Blaming The Prosecutors: The Real Causes Of Wrongful Convictions And Rightful Exonerations, And What Should Be Done To Fix Them, Adam Lamparello, Charles E. Maclean, James J. Berles
Wrongfully convicted and rightfully exonerated criminal defendants spent, on average, ten years in prison before exoneration, and the ramifications to the defendants, the criminal justice system, and society are immeasurable.Prosecutorial misconduct, however, is not the primary cause of wrongful convictions. To begin with, although more than twenty million new adult criminal cases are opened in state and federal courts each year throughout the United States, there have been only 1,281 total exonerations over the last twenty-five years. In only six percent of those cases was prosecutorial misconduct the predominant factor resulting in those wrongful convictions. Of course, although ...