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Articles 391 - 420 of 455
Full-Text Articles in Entire DC Network
The Bespeaks Caution Doctrine: Revisiting The Application Of Federal Securities Law To Opinions And Estimates, Royce De R. Barondes
The Bespeaks Caution Doctrine: Revisiting The Application Of Federal Securities Law To Opinions And Estimates, Royce De R. Barondes
Faculty Publications
Disclosure of estimates and opinions, which are often referred to as ‘soft information,‘ has presented a number of difficult issues to courts, the Securities and Exchange Commission (SEC) and companies issuing offering materials or required to file periodic reports with the SEC. Although this type of information often consists of projections, historical financial statements also include this type of information to varying degrees. For example, a bank's statement of financial position requires specification of loan loss reserves and is therefore dependent on an assessment of future events (the timing and extent of repayment). Similarly, determination of the timing of a …
The Future Of Transfer Taxation: Repeal, Restructuring And Refinement, Or Replacement, John E. Donaldson
The Future Of Transfer Taxation: Repeal, Restructuring And Refinement, Or Replacement, John E. Donaldson
Faculty Publications
No abstract provided.
Rethinking Indigent Defense: Promoting Effective Representation Through Consumer Sovereignty And Freedom Of Choice For All Criminal Defendants, David D. Friedman, Stephen J. Schulhofer
Rethinking Indigent Defense: Promoting Effective Representation Through Consumer Sovereignty And Freedom Of Choice For All Criminal Defendants, David D. Friedman, Stephen J. Schulhofer
Faculty Publications
No abstract provided.
Fighting Hate Violence By Taking Perpetrators To Court, Angelo N. Ancheta
Fighting Hate Violence By Taking Perpetrators To Court, Angelo N. Ancheta
Faculty Publications
No abstract provided.
Community Lawyering [Review Essay], Angelo N. Ancheta
Community Lawyering [Review Essay], Angelo N. Ancheta
Faculty Publications
No abstract provided.
Political Will And The Unitary Executive: What Makes An Independent Agency Independent?, Neal Devins
Political Will And The Unitary Executive: What Makes An Independent Agency Independent?, Neal Devins
Faculty Publications
No abstract provided.
Reagan Redux: Civil Rights Under Bush, Neal Devins
Reagan Redux: Civil Rights Under Bush, Neal Devins
Faculty Publications
No abstract provided.
Private Practice For Public Consumption: Two Views Of Corporate Law, Jayne W. Barnard
Private Practice For Public Consumption: Two Views Of Corporate Law, Jayne W. Barnard
Faculty Publications
No abstract provided.
Rethinking Attorney Conflict Of Interest Doctrine, Kevin C. Mcmunigal
Rethinking Attorney Conflict Of Interest Doctrine, Kevin C. Mcmunigal
Faculty Publications
This article focuses on conflict of interest doctrine dealing with concur- rent conflict of interest issues. Its thesis is that a primary source of confusion in conflict of interest doctrine is its failure to clearly articulate and answer the central questions which lie at the heart of the subject. In essence it argues that to remedy this confusion we need to rethink attorney conflict of interest doctrine so that it focuses more clearly on articulating and answering these central questions.
The Legal Profession, Legal Education, And Change, Robert H. Jerry Ii
The Legal Profession, Legal Education, And Change, Robert H. Jerry Ii
Faculty Publications
The accounts of how the legal profession has changed in recent years are as abundant as the changes themselves. The common message is clear: the magnitude of change is immense, and the pace is unprecedented.
Law Schools, Bench, And Bar: A Needed Partnership For Lawyer Competence And Professionalism, Barry Vickrey
Law Schools, Bench, And Bar: A Needed Partnership For Lawyer Competence And Professionalism, Barry Vickrey
Faculty Publications
No abstract provided.
Legal Breakdown: 40 Ways To Fix Our Legal System [Book Review], Margalynne J. Armstrong
Legal Breakdown: 40 Ways To Fix Our Legal System [Book Review], Margalynne J. Armstrong
Faculty Publications
No abstract provided.
When First Amendment Values And Competition Policy Collide: Resolving The Dilemma Of Mixed-Motive Boycotts, Kay P. Kindred
When First Amendment Values And Competition Policy Collide: Resolving The Dilemma Of Mixed-Motive Boycotts, Kay P. Kindred
Faculty Publications
No abstract provided.
Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller
Child Abuse Reporting Laws And Attorney-Client Confidences: The Reality And The Specter Of Lawyer As Informant, Robert P. Mosteller
Faculty Publications
No abstract provided.
Including Retirement Benefits In A Debtor's Bankruptcy Estate: A Proposal For Harmonizing Erisa And The Bankruptcy Code, Michelle A. Cecil
Including Retirement Benefits In A Debtor's Bankruptcy Estate: A Proposal For Harmonizing Erisa And The Bankruptcy Code, Michelle A. Cecil
Faculty Publications
This Article first examines the conflicting policies of ERISA and the Bankruptcy Code. It then explores how the various courts have attempted to reconcile these policies when faced with the issue of whether a debtor's interest in retirement plan assets should be available for distribution to creditors in bankruptcy. In analyzing the relevant case law, the Article examines cases addressing the exclusion issue (whether pension plans should be excluded from the bankruptcy estate entirely). It also evaluates cases addressing the exemption issue (whether plan assets, once included in the bankruptcy estate, can be exempted out of the estate by the …
Missing Evidence, Dale A. Nance
Missing Evidence, Dale A. Nance
Faculty Publications
Given the nature of my enterprise, I resist stating a specific thesis. Nevertheless, for the reader who wants an organizing or motivating principle, I offer the following two recurrent themes. First, I want to examine the relationship of traditional admissibility rules to the problem of missing evidence and to other forms of juridical response to that problem. The reason for this interest will be explained in the next section. Second, I want to investigate, as we proceed, the extent to which the regulation of proof, evidence law broadly conceived, is instrumentally related to accuracy or truth seeking, and the extent …
The Constitutionality Of High-Speed Pursuits Under The Fourth And Fourteenth Amendments, Kathryn R. Urbonya
The Constitutionality Of High-Speed Pursuits Under The Fourth And Fourteenth Amendments, Kathryn R. Urbonya
Faculty Publications
No abstract provided.
The Legal Skills Program At The College Of William And Mary: An Early Report, James E. Moliterno
The Legal Skills Program At The College Of William And Mary: An Early Report, James E. Moliterno
Faculty Publications
No abstract provided.
Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno
Teaching Legal Ethics In A Program Of Comprehensive Skills Development, James E. Moliterno
Faculty Publications
No abstract provided.
Legitimizing Realities: State-Based Bar Admission, National Standards, And Multistate Practice, Michael K. Mcchrystal
Legitimizing Realities: State-Based Bar Admission, National Standards, And Multistate Practice, Michael K. Mcchrystal
Faculty Publications
No abstract provided.
The Corporate Attorney-Client Privilege: A Study Of The Participants, Vincent C. Alexander
The Corporate Attorney-Client Privilege: A Study Of The Participants, Vincent C. Alexander
Faculty Publications
Empirical research on the practical effects of the attorney-client privilege in the corporate context has been almost nonexistent. This Article seeks to help fill the gap by synthesizing traditional doctrinal analysis with the results of a survey of individuals with first-hand information about the subject: corporate attorneys, corporate management, and federal judges and magistrates. The survey, which consisted of 182 interviews in New York City, produced a broad range of information about some of the assumptions underlying the corporate privilege, the forms and processes of corporate attorney-client communications and the adjudication of privilege claims.
Florida Guardianship And The Elderly: The Paradoxical Right To Unwanted Assistance, Alison Barnes
Florida Guardianship And The Elderly: The Paradoxical Right To Unwanted Assistance, Alison Barnes
Faculty Publications
No abstract provided.
The Contextual Legitimacy Of Adjudication In Tribal Courts And The Role Of The Tribal Bar As An Interpretive Community: An Essay, Frank Pommersheim
The Contextual Legitimacy Of Adjudication In Tribal Courts And The Role Of The Tribal Bar As An Interpretive Community: An Essay, Frank Pommersheim
Faculty Publications
No abstract provided.
Clinical Legal Education: Reflections On The Past Fifteen Years And Aspirations For The Future, Kandis Scott
Clinical Legal Education: Reflections On The Past Fifteen Years And Aspirations For The Future, Kandis Scott
Faculty Publications
No abstract provided.
The Joint Defense Privilege: Know The Risks, Gerald F. Uelmen
The Joint Defense Privilege: Know The Risks, Gerald F. Uelmen
Faculty Publications
No abstract provided.
Converting Retained Lawyers Into Appointed Lawyers: The Ethical And Tactical Implications, Gerald F. Uelmen
Converting Retained Lawyers Into Appointed Lawyers: The Ethical And Tactical Implications, Gerald F. Uelmen
Faculty Publications
No abstract provided.
Illegal Traffic In Women: A Civil Rico Proposal, Lan Cao
Illegal Traffic In Women: A Civil Rico Proposal, Lan Cao
Faculty Publications
No abstract provided.
Simmering On The "Backburner": The Challenge Of Yarbrough, Gerald F. Uelmen
Simmering On The "Backburner": The Challenge Of Yarbrough, Gerald F. Uelmen
Faculty Publications
No abstract provided.
When Lawyer And Client Meet: Observations Of Interviewing And Counseling Behavior In The Consumer Bankruptcy Law Office, Gary Neustadter
When Lawyer And Client Meet: Observations Of Interviewing And Counseling Behavior In The Consumer Bankruptcy Law Office, Gary Neustadter
Faculty Publications
What happens when lawyer and client first meet? How do they talk, how do they listen, what do they say, and what do they do? The answers to these questions are generated, and then lost, in thousands of law offices daily. There is thus a treasure of information, but it is mostly hidden from our view by legal barriers that protect privacy and confidentiality and by other barriers, economic, psychological, and logistical, that inhibit or preclude third party observation of lawyer-client contact. This Article reports an exploratory journey in search of that treasure, a journey into six law offices in …
Contract Principles As A Guide For Protecting Intellectual Property Rights In Computer Software: The Limits Of Copyright Protection, The Evolving Concept Of Derivative Work, And The Proper Limits Of Licensing Arrangements, Thomas Lee Hazen
Faculty Publications
No abstract provided.