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Application Of Default Rules To Address Financial Conflicts Of Interest In Academic Medical Centers, Joanna K. Sax 2017 California Western School of Law

Application Of Default Rules To Address Financial Conflicts Of Interest In Academic Medical Centers, Joanna K. Sax

Joanna K Sax

A recent report issued from the Institute of Medicine contains an extensive analysis of financial conflicts of interest (FCOIs) in biomedical science. In brief, an FCOI exists when a profit-seeking motive either unduly influences or appears to influence an academic scientist’s primary obligations. The cornerstone of current policy to address FCOIs at academic medical centers (AMCs) is disclosure; however, disclosure does not appear to appropriately regulate, manage, or eliminate FCOIs.

Although the relationships between intramural scientists and industry and extramural scientists and industry may be structurally different, they both can lead to FCOIs that threaten scientific integrity. Overall, the ...


Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson 2017 Washington and Lee University

Justice For Noncitizens: A Case For Reforming The Immigration Legal System, Anna Paden Carson

VA Engage Journal

The immigration legal system exists as a function of the executive branch rather than the judicial branch, and many of the constitutional rights guaranteed in a judicial court do not continue into the immigration legal sphere. Noncitizen defendants in the immigration court system are not guaranteed the same due process rights or right to appointed counsel as United States citizens, which severely limits their chance of a successful outcome. Moreover, while many noncitizens await their trials in these courts, they are often placed in one of the 234 immigration detention facilities across the nation, which further exacerbates the direness of ...


Rebellious Strains In Transactional Lawyering For Underserved Entrepreneurs And Community Groups, Paul R. Tremblay 2017 Boston College Law School

Rebellious Strains In Transactional Lawyering For Underserved Entrepreneurs And Community Groups, Paul R. Tremblay

Paul R. Tremblay

In his 1992 book Rebellious Lawyering: One Chicano’s Vision of Progressive Law Practice, Gerald Lopez disrupted the conventional understandings of what it meant to be an effective poverty lawyer or public interest attorney. His critiques and prescriptions were aimed at litigators and lawyers similarly engaged in struggles for social change. His book did not address the role of progressive transactional lawyers. Today, transactional lawyers working in underserved communities are far more common. This Essay seeks to apply Lopez’s critiques to the work of those practitioners.

I argue here that transactional legal services, or TLS, on behalf of subordinated ...


Toward A Theory Of The Political Defense, Isidore Silver 2017 St. John's University School of Law

Toward A Theory Of The Political Defense, Isidore Silver

The Catholic Lawyer

No abstract provided.


Solution Of The "Defense Of The Guilty", William F. Cahill, B.A., LL.B., J.C.D. 2017 St. John's University School of Law

Solution Of The "Defense Of The Guilty", William F. Cahill, B.A., Ll.B., J.C.D.

The Catholic Lawyer

No abstract provided.


Morality In Legal Practice: Defense Of The Guilty, 2017 St. John's University School of Law

Morality In Legal Practice: Defense Of The Guilty

The Catholic Lawyer

No abstract provided.


Solution Of The Disclosure Problem, William F. Cahill, B.A., LL.B., J.C.D. 2017 St. John's University School of Law

Solution Of The Disclosure Problem, William F. Cahill, B.A., Ll.B., J.C.D.

The Catholic Lawyer

No abstract provided.


Morality In Legal Practice: Disclosure, 2017 St. John's University School of Law

Morality In Legal Practice: Disclosure

The Catholic Lawyer

No abstract provided.


Solution Of The Problem Cases, William F. Cahill, B.A., LL.B., J.C.D. 2017 St. John's University School of Law

Solution Of The Problem Cases, William F. Cahill, B.A., Ll.B., J.C.D.

The Catholic Lawyer

No abstract provided.


Morality In Legal Practice: Disclosure, 2017 St. John's University School of Law

Morality In Legal Practice: Disclosure

The Catholic Lawyer

No abstract provided.


The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy R. Mashburn 2017 University of Florida Levin College of Law

The Criminal Defense Lawyer's Fiduciary Duty To Clients With Mental Disability, Christopher Slobogin, Amy R. Mashburn

Christopher Slobogin

This Article argues that the defense attorney has a multifaceted fiduciary duty toward the client with mental disability. That duty requires, first and foremost, respect for the autonomy of the client. The lawyer shows that respect not only by heeding the wishes of the competent client but by refusing to heed the wishes of the incompetent client. A coherent approach to the competency construct is therefore important. Following the lead of Professor Bonnie, this Article has broken competency into two components: assistance competency and decisional competency. It has defined the former concept in traditional terms, as an understanding of the ...


Weaver V. Commonwealth Of Massachusetts, Bruce Green, Russell Pearce 2017 Fordham Law School

Weaver V. Commonwealth Of Massachusetts, Bruce Green, Russell Pearce

Amicus Briefs

No abstract provided.


Mutually Assured Protection Among Large U.S. Law Firms, Tom Baker, Rick Swedloff 2017 University of Pennsylvania Law School

Mutually Assured Protection Among Large U.S. Law Firms, Tom Baker, Rick Swedloff

Faculty Scholarship

Top law firms are notoriously competitive, fighting for prime clients and matters. But some of the most elite firms are also deeply cooperative, willingly sharing key details about their finances and strategy with their rivals. More surprisingly, they pay handsomely to do so. Nearly half of the AmLaw 100 and 200 belong to mutual insurance organizations that require member firms to provide capital; partner time; and important information about their governance, balance sheets, risk management, strategic plans, and malpractice liability. To answer why these firms do so when there are commercial insurers willing to provide coverage with fewer burdens, we ...


The Unified Bar: Will A Closed Shop Serve The Lawyer And The Public, Harold Brown 2017 St. John's University School of Law

The Unified Bar: Will A Closed Shop Serve The Lawyer And The Public, Harold Brown

The Catholic Lawyer

No abstract provided.


A.B.A. Code Of Professional Responsibility: In Defense Of Mediocrity, Harold Brown 2017 St. John's University School of Law

A.B.A. Code Of Professional Responsibility: In Defense Of Mediocrity, Harold Brown

The Catholic Lawyer

No abstract provided.


American College Of Trial Lawyers Report And Recommendation On Disruption Of The Judicial Process, 2017 St. John's University School of Law

American College Of Trial Lawyers Report And Recommendation On Disruption Of The Judicial Process

The Catholic Lawyer

No abstract provided.


The Jury As A Political Institution, Jon M. Van Dyke 2017 St. John's University School of Law

The Jury As A Political Institution, Jon M. Van Dyke

The Catholic Lawyer

No abstract provided.


The Partnership Of Bench And Bar, Edward D. Re 2017 St. John's University School of Law

The Partnership Of Bench And Bar, Edward D. Re

The Catholic Lawyer

No abstract provided.


Winning Through Integrity And Professionalism, Gerald Lebovits 2017 Columbia, Fordham & NYU Law Schools

Winning Through Integrity And Professionalism, Gerald Lebovits

Gerald Lebovits

No abstract provided.


Think Like A (Mindful) Lawyer: Incorporating Mindfulness, Professional Identity, And Emotional Intelligence Into The First Year Law Curriculum, Nathalie Martin 2017 Selected Works

Think Like A (Mindful) Lawyer: Incorporating Mindfulness, Professional Identity, And Emotional Intelligence Into The First Year Law Curriculum, Nathalie Martin

Nathalie Martin

No abstract provided.


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