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Constitutional Issues Posed In The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Erwin Chemerinsky Jan 2005

Constitutional Issues Posed In The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Erwin Chemerinsky

Faculty Scholarship

The stated purpose of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") is to "improve bankruptcy law and practice by restoring personal responsibility and integrity in the bankruptcy system and ensure that the system is fair for both debtors and creditors." Its legislative history stretches over almost a decade, but each iteration of it continued the same core features, the most predominant of which is a complex "means test" to determine whether a debtor may file a Chapter 7 case. This Article seeks to identify the constitutional issues most likely raised by BAPCPA. It cannot identify all …


The Economics Of Limited Liability: An Empirical Study Of New York Law Firms, Kimberly D. Krawiec, Scott Baker Jan 2005

The Economics Of Limited Liability: An Empirical Study Of New York Law Firms, Kimberly D. Krawiec, Scott Baker

Faculty Scholarship

Since the rapid rise in organizational forms for business associations, academics and practitioners have sought to explain the choice of form rationale. Each form contains its own set of default rules that inevitably get factored into this decision, including the extent to which each individual firm owner will be held personally liable for the collective debts and obligations of the firm. The significance of the differences in these default rules continues to be debated. Many commentators have advanced theories, most notably those based on unlimited liability, profit-sharing, and illiquidity, asserting that the partnership form provides efficiency benefits that outweigh any …


Alaska Office Of Victims’ Rights: A Model For America, Stephen E. Branchflower Dec 2004

Alaska Office Of Victims’ Rights: A Model For America, Stephen E. Branchflower

Alaska Law Review

No abstract provided.


The Constitutional Battle Over The Public Interest Litigant Exception To Rule 82, Abizer Zanzi Dec 2004

The Constitutional Battle Over The Public Interest Litigant Exception To Rule 82, Abizer Zanzi

Alaska Law Review

No abstract provided.


Taking The Punishment Out Of The Process: From Substantive Criminal Justice Through Procedural Justice To Restorative Justice, Brenda Sims Blackwell, Clark D. Cunningham Oct 2004

Taking The Punishment Out Of The Process: From Substantive Criminal Justice Through Procedural Justice To Restorative Justice, Brenda Sims Blackwell, Clark D. Cunningham

Law and Contemporary Problems

If the punishment is taken out of the process, and the processes of criminal justice become effective at restoration--and if rigorous empirical research might show that a restorative process costs less money and produces greater public safety--that would be a result everyone would embrace.


Speech And Strife, Robert L. Tsai Jul 2004

Speech And Strife, Robert L. Tsai

Law and Contemporary Problems

Tsai examines the ways in which the US Supreme Court uses language to signal its authority. One technique of the Court is to frequently use the image of institutional conflict within its rulings.


The Majoritarian Rehnquist Court?, Neal Devins Jul 2004

The Majoritarian Rehnquist Court?, Neal Devins

Law and Contemporary Problems

Devins examines the reasons behind the tendency of the US Supreme Court under William Rehnquist to strike down federal laws. Majoritarian forces, including the use of the Court as a check against Congress, have led to the invalidation of many federal statutes.


Vawa’S Unfinished Business: The Immigrant Women Who Fall Through The Cracks, Sarah M. Wood Apr 2004

Vawa’S Unfinished Business: The Immigrant Women Who Fall Through The Cracks, Sarah M. Wood

Duke Journal of Gender Law & Policy

No abstract provided.


Economic Organization In The Construction Industry: A Case Study Of Collaborative Production Under High Uncertainty, William A. Klein, Mitu Gulati Jan 2004

Economic Organization In The Construction Industry: A Case Study Of Collaborative Production Under High Uncertainty, William A. Klein, Mitu Gulati

Faculty Scholarship

No abstract provided.


The Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, Jill E. Fisch, Caroline M. Gentile Nov 2003

The Qualified Legal Compliance Committee: Using The Attorney Conduct Rules To Restructure The Board Of Directors, Jill E. Fisch, Caroline M. Gentile

Duke Law Journal

The Securities and Exchange Commission introduced a new corporate governance structure, the qualified legal compliance committee, as part of the professional standards of conduct for attorneys mandated by the Sarbanes-Oxley Act of 2002. QLCCs are consistent with the Commission's general approach to improving corporate governance through specialized committees of independent directors. This Article suggests, however, that assessing the benefits and costs of creating QLCCs may be more complex than is initially apparent. Importantly, QLCCs are unlikely to be effective in the absence of incentives for active director monitoring. This Article concludes by considering three ways of increasing these incentives.


Shift Happens: Pressure On Foreign Attorney-Fee Paradigms From Class Actions, Thomas D. Rowe Jr. Jul 2003

Shift Happens: Pressure On Foreign Attorney-Fee Paradigms From Class Actions, Thomas D. Rowe Jr.

Duke Journal of Comparative & International Law

No abstract provided.


Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne Apr 2003

Reconciling What The First Amendment Forbids With What The Copyright Clause Permits: A Summary Explanation And Review, William W. Van Alstyne

Law and Contemporary Problems

No abstract provided.


The Pros And Cons Of Online Dispute Resolution: An Assessment Of Cyber-Mediation Websites, Joseph W. Goodman Feb 2003

The Pros And Cons Of Online Dispute Resolution: An Assessment Of Cyber-Mediation Websites, Joseph W. Goodman

Duke Law & Technology Review

Due to increasing use of the Internet worldwide, the number of disputes arising from Internet commerce is on the rise. Numerous websites have been established to help resolve these Internet disputes, as well as to facilitate the resolution of disputes that occur offline. This iBrief examines and evaluates these websites. It argues that cyber-mediation is in its early stages of development and that it will likely become an increasingly effective mechanism for resolving disputes as technology advances.


“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel Apr 2002

“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel

Law and Contemporary Problems

Matthew Hale is a white supremacist who likes to attract media attention. He set himself up as the leader of a racist "church" called the World Church of the Creator and immediately went about attempting to put an articulate, polite face on the organization. Hale's application to become a licensed attorney in Illinois, his subsequent denial and the litigation that followed are discussed.


The Independence And Democratic Accountability Of The Supreme Court Of Ohio: Recalling The Work Of Frederick Grimke, Paul D. Carrington, Adam R. Long Jan 2002

The Independence And Democratic Accountability Of The Supreme Court Of Ohio: Recalling The Work Of Frederick Grimke, Paul D. Carrington, Adam R. Long

Faculty Scholarship

No abstract provided.


Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch Jul 2001

Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch

Law and Contemporary Problems

No abstract provided.


Contingent Fees And Tort Reform: A Reassessment And Reality Check, Elihu Inselbuch Jul 2001

Contingent Fees And Tort Reform: A Reassessment And Reality Check, Elihu Inselbuch

Law and Contemporary Problems

No abstract provided.


Confronting The Future: Coping With Discovery Of Electronic Material, Richard L. Marcus Jul 2001

Confronting The Future: Coping With Discovery Of Electronic Material, Richard L. Marcus

Law and Contemporary Problems

No abstract provided.


The Year In Review 2000: Cases From Alaska Supreme Court, Alaska Court Of Appeals, U.S. Court Of Appeals For The Ninth Circuit, And U.S. District Court For The District Of Alaska, Jonathan M. Werner Jun 2001

The Year In Review 2000: Cases From Alaska Supreme Court, Alaska Court Of Appeals, U.S. Court Of Appeals For The Ninth Circuit, And U.S. District Court For The District Of Alaska, Jonathan M. Werner

Alaska Law Review

No abstract provided.


Multi-Party Actions: A European Approach, Christopher Hodges Apr 2001

Multi-Party Actions: A European Approach, Christopher Hodges

Duke Journal of Comparative & International Law

No abstract provided.


Multi-Party Proceedings In England: Representative And Group Actions, Neil Andrews Apr 2001

Multi-Party Proceedings In England: Representative And Group Actions, Neil Andrews

Duke Journal of Comparative & International Law

No abstract provided.


Non-Class Group Litigation Under Eu And German Law, Harald Koch Apr 2001

Non-Class Group Litigation Under Eu And German Law, Harald Koch

Duke Journal of Comparative & International Law

No abstract provided.


Limitations Imposed By Family Law On A Separated Parent’S Ability To Make Significant Life Decisions: A Comparison Of Relocation And Income Imputation, J. Thomas Oldham Apr 2001

Limitations Imposed By Family Law On A Separated Parent’S Ability To Make Significant Life Decisions: A Comparison Of Relocation And Income Imputation, J. Thomas Oldham

Duke Journal of Gender Law & Policy

No abstract provided.


The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr. Jan 2001

The Revolution In Military Legal Affairs : Air Force Legal Professionals In 21 St Century Conflicts, Charles J. Dunlap Jr.

Faculty Scholarship

No abstract provided.


Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova Jan 2001

Comparing Judicial Selection Systems, Lee Epstein, Jack Knight, Olga Shvetsova

Faculty Scholarship

No abstract provided.


Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson Nov 2000

Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson

Duke Law Journal

Even when related claims are not aggregated by any formal procedural mechanism, the lawyers involved in the separate lawsuits often coordinate their efforts. Such "informal aggregation" raises important questions about the boundaries of a dispute and the boundaries of the lawyer-client relationship. As an ethical matter, the central question is whether a lawyer owes ethical duties to a coordinating lawyer's client. Looking at confidentiality, loyalty, conflicts of interest, and malpractice, Professor Erichson suggests that ethical safeguards for clients of coordinating lawyers are neither strong enough nor explicit enough to provide adequate protection, and the problem inheres in the nature of …


Judicial Disqualification In Alaska Courts, Marla N. Greenstein Jun 2000

Judicial Disqualification In Alaska Courts, Marla N. Greenstein

Alaska Law Review

No abstract provided.


Litigators’ Ethics, Michael E. Tigar Jan 2000

Litigators’ Ethics, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Civil Challenges To The Use Of Low-Bid Contracts For Indigent Defense, Margaret H. Lemos Jan 2000

Civil Challenges To The Use Of Low-Bid Contracts For Indigent Defense, Margaret H. Lemos

Faculty Scholarship

In recent years, increasing attention has been directed to the problem of adequate representation for indigent criminal defendants. While overwhelming caseloads and inadequate funding plague indigent defense systems of all types, there is a growing consensus in the legal community that low-bid contract systems-under which the state or locality's indigent defense work is assigned to the attorney willing to accept the lowest fee-pose particularly serious obstacles to effective representation. In this Note, Margaret Lemos argues that the problems typical of indigent defense programs in general-and low-bid contract systems in particular-can and should be addressed through § 1983 civil actions alleging …


Attorney-Client Relationships In Cyberspace: The Peril And The Promise, Catherine J. Lanctot Oct 1999

Attorney-Client Relationships In Cyberspace: The Peril And The Promise, Catherine J. Lanctot

Duke Law Journal

Despite the legal profession's historical resistance to technological advances, the burgeoning world of cyberspace is bringing change to the practice of law. As laypeople flock to the Internet to seek help with their legal problems, lawyers are going online to provide such assistance. Yet, these exchanges are occurring without close consideration of whether they create attorney-client relationships-the source of weighty ethical and legal obligations. In many cases, lawyers seek to avoid the consequences of such relationships merely by disclaiming their existence. In this Article, Professor Lanctot examines the issue of lawyer-layperson communications in cyberspace from doctrinal and historical perspectives. The …