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State Bar Of California, Lisa J. Frisello, Melissa A. Karpouzes, Charlotte Wilder, Collette C. Galvez, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Federalism: The Imprecise Calculus Of Dual Sovereignty, 35 J. Marshall L. Rev. 1 (2001), John H. Clough

UIC Law Review

No abstract provided.

Has The Fog Cleared - Attorney Work Product And The Attorney-Client Privilege: Texas's Complete Transition Into Full Protection Of Attorney Work In The Corporate Context., Fred A. Simpson

St. Mary's Law Journal

The following discussion in this Article fills the gaps in the substantive rules surrounding the attorney work product doctrine and the attorney-client privilege, thereby encouraging practitioners to utilize these tools more freely. Initially, the attorney-client privilege contemplated application only to individuals. As the rule developed in the United States, however, the scope of the privilege broadened until it included corporations. Since 1982, Texas has provided for the attorney-client privilege in Texas Rule of Civil Evidence 503.149. Notably, the Rule defined client in such a way as to include a corporation. Unlike the attorney-client privilege, the work product doctrine developed much …

Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps

St. Mary's Law Journal

Texas attorneys should be obligated to disclose whether they referred their client to a pre-selected physician. Plaintiff attorneys, however, have been allowed to withhold this information from the court arguing the information is privileged. The practice of using a pre-selected physician is unethical and unfairly prejudicial. If the attorney and physician have an agreement, the attorney is likely to send numerous clients to that specific physician in order to receive a discount. The physician in turn is likely to recommend medically unnecessary procedures in order to inflate money damages. Therefore, in order to prevent potential abuse between the attorney-physician relationship, …

Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland

St. Mary's Law Journal

Abstract Forthcoming.

Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman

St. Mary's Law Journal

This Essay addresses judicial interpretation and application of the religious protections of students in public schools. Part II addresses the evolution of the law governing prayer in public schools, including the creation of judicial tests utilized in determining whether a school district has impeded the rights of students in the area of religion. Part III examines the application of these tests to various activities, including a discussion of the disparity in judicial interpretation with respect to the permissibility of prayer at public school functions. This Essay concludes with a discussion analyzing the effect of the recent United States Supreme Court …

Gats' Applicability To Transnational Lawyering And Its Potential Impact On U.S. State Regulation Of Lawyers, Laurel S. Terry

Vanderbilt Journal of Transnational Law

This Article examines the impact of the General Agreement on Trade in Services, or GATS, on legal services, and more specifically on the legal ethics rules in the United States. The Article begins by explaining background information about the global nature of legal services. Then, the Author details the structure and operation of the GATS, including its relevant exemptions, and its applicability to legal services. Next, the Article explores developments that have occurred since the signing of the GATS, including the possible significance to U.S. regulation of the legal profession. Subsequently, the Author identifies remaining questions about the effects of …

Indian Child Welfare Act: Keeping Families Together And Minimizing Litigation, Sarah Krakoff

Publications

No abstract provided.

Mapping A Labyrinth To Justice: Lessons And Insights From Innovative Legal Services Delivery Methodologies Implemented In The District Of Columbia, Jan A, May

University of the District of Columbia Law Review

No abstract provided.

Legal Needs For The Low-Income Population In Washington, Dc, Lynn E. Cunningham

University of the District of Columbia Law Review

No abstract provided.

The Social Costs Of Moving Water In Northern New Mexico, David Benavides

Water and Growth in the West (Summer Conference, June 7-9)

15 pages.

Agenda: Water And Growth In The West, University Of Colorado Boulder. Natural Resources Law Center, The William And Flora Hewlett Foundation

Water and Growth in the West (Summer Conference, June 7-9)

1 v. (various pagings) : ill., maps ; 29 cm. + 1 CD-ROM (4 3/4 in.) + supplement (207 p. ; 29 x 24 cm.)

"Conference co-sponsor The William and Flora Hewlett Foundation."

Conference moderators included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Kathryn M. Mutz, Peter D. Nichols and Charles F. Wilkinson.

Accompanied by: CD-ROM (4 3/4 in.) and supplement (xiv, 140, [49] p.)

Includes bibliographical references

The event will cover a breadth of issues, including demographics and water-use trends, improved planning and efficient use, implementation …

State Bar Of California, Charlotte Wilder, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Kumho Tire Co. V. Carmichael: The Supreme Court Follows Up On The Daubert Test, Martin A. Schwartz

Touro Law Review

No abstract provided.

Public Utilities Commission, Sapna Iyer, Rebecca A. Richards, Monisha Ann Coelho, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Financing Plaintiffs' Lawsuits: An Increasingly Popular (And Legal) Business, Susan Lorde Martin

University of Michigan Journal of Law Reform

In the late eighties and early nineties there were a few publicized cases in which the plaintiffs invited investors to finance their litigation in exchange for a share of the awards if the plaintiffs won. This kind of arrangement provides access to the justice system which might otherwise be denied impecunious plaintiffs with meritorious claims. The problem with this kind of arrangement is that it is champerty, which is prohibited in most states. This Article discusses Massachusetts' recent rejection of the champerty prohibition, the expansion of exceptions to the prohibition in this country and others, and the emergence of firms …

Medical Board Of California, Jane K. Babin, Debra L. Back, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

State Bar Of California, Matthew S. Butler, Eric M. Sedwick, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

From Representing Clients To Serving Recipients: Transforming The Role Of The Iv-D Child Support Enforcement Attorney, Barbara Glesner Fines

Faculty Works

Attorneys for the poor are being asked to serve more clients for less money and with more restrictions on their practice than ever before. These restrictions, both on amounts and uses of funds, influence the attorney's independent professional judgment. Determining when that influence is inappropriate becomes a difficult practical and ethical issue. Is this issue resolved if one simply reconceptualizes the role of the entities and individuals involved? What if the government becomes the client and the individual receiving legal services becomes something other than a client? Examining the development of governmental funding of child support enforcement, one finds just …

Appendix: Biographies Of Participants , American University Law Review

American University Law Review

No abstract provided.

Transcript: Keynote Address , American University Law Review

American University Law Review

No abstract provided.

New Technology And A Global Economy Demand That American Notaries Better Prepare For The Future: Upgrading The Current Common Law System May Mean Establishing A New Class Of Cyber Professional, 32 J. Marshall L. Rev. 935 (1999), Milton G. Valera

UIC Law Review

No abstract provided.

Arkansas Practice Materials Ii: A Selective Annotated Bibliography, Kathryn C. Fitzhugh

University of Arkansas at Little Rock Law Review

No abstract provided.

Environmental Compliance Audits: The Arkansas Experience, Timothy T. Jones, Walter G. Wright Jr., Mary Ellen Ternes

University of Arkansas at Little Rock Law Review

No abstract provided.

Texas Rule Of Evidence 503: Defining Scope Of Employment For Corporations Comment., Craig W. Saunders

St. Mary's Law Journal

The attorney-corporate client privilege should be regarded as encompassing only communications made to the corporation’s counsel by employees in the scope of their employment. The Supreme Court of Texas and the Texas Court of Criminal Appeals ordered the merger of the Civil and Criminal Rules of Evidence. The merger became effective on March 1, 1998 and is now known as the Texas Rules of Evidence. Although the civil and criminal rules often mirror each other, one monumental change is in the new version of Rule 503. This new version significantly alters the analysis used in a corporate context and determines …

State Bar Of California, Matthew S. Butler, Eric M. Sedwick, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Lawyers, Judges, And The Public Interest, John M. Payne

Michigan Law Review

Chares Haar, the Louis D. Brandeis Professor of Law Emeritus at the Harvard Law School and a certified elder statesman of the housing and land-use community, was one of those scholar-politicians of the 1960s who spun out innovative theories in law reviews and then moved into government to see them applied. His generation inspired mine to pursue law as a means to serve the public interest. But the days of the Kennedy brothers' Camelot are long past. Today, big government and "big courts" alike are seen as parts of the problem. In the more austere political climate of the 1990s, …

Statutory Privileges And Immunites For Voluntarily Performed Environmental Audits: Should New York State Join The Race?, Joan M. Fildes

Buffalo Environmental Law Journal

No abstract provided.

Maintaining An Accusatorial System Of Justice: The States' Refusal To Follow The Supreme Court's Sanctioning Of Official Police Deception In Moran V. Burbine, John F. Terzano

University of the District of Columbia Law Review

Ours is the accusatorial as opposed to the inquisitorial system. Such has been the characteristic of Anglo-American criminal justice since it freed itself from practices borrowed by the Star Chamber from the Continent whereby an accused was interrogated in secret for hours on end. Under our system society carries the burden of proving its charge against the accused not out of his own mouth. It must establish its case, not by interrogation of the accused even under judicial safeguards, but by evidence independently secured through skillful investigation.... Protracted, systematic and uncontrolled subjection of an accused to interrogation by the police …

The District Of Columbia Revitalization Act And Criminal Justice: The Federal Government's Assault On Local Authority, Jonathan M. Smith

University of the District of Columbia Law Review

The District of Columbia ("the District") enjoys a unique relationship with the federal government. As a matter of Constitutional pronouncement, citizens of the District are deprived of the right to ultimate control over the content of local laws. The Constitution provides that, "[t]he Congress shall have the power ... to exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States."2 Since the District's establishment in 1791, 3 Congress has not hesitated to exercise …