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Rambo Depositions: Controlling An Ethical Cancer In Civil Litigation, Jean M. Cary

Scholarly Works

No abstract provided.

Interpreting Insurance Policies, Jeffrey W. Stempel

Scholarly Works

Like any other contract, an insurance policy may become the subject of a legal dispute. When disputes arise over insurance coverage, lawyers must combine their skill in contract interpretation with their knowledge of insurance law, bringing both to bear on the special problems related to this type of contract. Each dispute has unique traits, but a few basic ground rules of contract law and insurance law can help you interpret insurance policies and resolve disputes over insurance coverage.

Doing Environmental Justice In Appalachia: Lawyers At The Grassroots And The Aspiration Of Social Change, Dean Rivkin

Scholarly Works

No abstract provided.

Ethical Considerations In Medicaid Estate Planning: An Analysis Of The Aba Model Rules Of Professional Conduct, Eleanor Crosby Lanier, Ira M. Leff

Scholarly Works

The purpose of this article is to provide a starting point for discussion of ethical issues related to the practice of Medicaid estate planning. The authors explore the history of attorney involvement in planning and financing long-term care. They also analyze how the ABA Model Rules of Professional Conduct address the ethical dilemmas that arise in practice, using a case study to illustrate some of these issues. The individual authors' perspectives on this practice differ with respect to certain issues. One is a former Legal Services lawyer, and the other has a private practice which focuses on Medicaid estate planning.

A Civil Rights Agenda For The Year 2000: Confessions Of An Identity Politician, Fran Ansley

Scholarly Works

No abstract provided.

(Un)Luckey V. Miller: The Case For A Structural Injunction To Improve Indigent Defense Services, Rodger D. Citron

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No abstract provided.

(Un)Luckey V. Miller: The Case For A Structural Injunction To Improve Indigent Defense Services, Rodger D. Citron

Scholarly Works

No abstract provided.

Nurturing The Impulse For Justice, Lynne Henderson

Scholarly Works

No abstract provided.

Review Of Christopher F. Mooney, Public Virtue: Law And The Social Character Of Religion (1986), Leslie C. Griffin

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No abstract provided.

A Noble Ideal Whose Time Has Come, Penny White

Scholarly Works

No abstract provided.

A Distorted Mirror: The Supreme Court's Shimmering View Of Summary Judgment, Directed Verdict, And The Value Of Adjudication, Jeffrey W. Stempel

Scholarly Works

As almost anyone alive during the past decade knows, this is the era of the ‘litigation explosion,’ or there is at least the perception that a litigation explosion exists. Although all agree that the absolute number of lawsuits has increased in virtually every corner of the state and federal court systems, there exists vigorous debate about whether the increase is unusual in relative or historical terms and even more vigorous debate about whether the absolute increase in cases symbolizes the American concern for fairness and justice or represents a surge in frivolous or trivial disputes needlessly clogging the courts. As …

The Wrong's Of Victim's Rights, Lynne Henderson

Scholarly Works

No abstract provided.

Why Lawyers Should Be Allowed To Advertise: A Market Analysis Of Legal Services, Jeffrey W. Stempel

Scholarly Works

In Bates v. State Bar of Arizona, a 1977 decision, the United States Supreme Court overturned the American Bar Association's (ABA) sixty-nine-year-old prohibition of advertising by lawyers. The Bates holding invalidated comprehensive bans on lawyer advertising but left unsettled the scope of permissible regulation. While the Bates Court found attorneys' price advertising to be protected speech under the first amendment, it also stated that false and misleading advertising could be prohibited. The majority expressly declined to consider the problems of advertising claims relating to the quality of legal services.

The organized bar's reaction to Bates has been hesitant and inconsistent. …

An Assessment Of Alternative Strategies For Increasing Access To Legal Services, Jeffrey W. Stempel

Scholarly Works

Since the late 1930s, lawyers have argued that their services are not used to the fullest advantage by a large segment of the population. More recently, other concerned groups such as trade unions and consumer organizations also have become convinced that there is an underutilization of lawyers' services, and that it is important to increase access to such services. As a result, attempts have been made to develop alternatives to the traditional methods of providing legal services that to date have proved inadequate in meeting the legal needs of the public. Legal clinics have proliferated, prepaid legal services plans have …