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Military Veterans And Va Medical Treatment: Must A Veteran Prove Fault Before Receiving Compensation For Medical Injuries (93-1128) Administrative Law, William L. Andreen

Articles

No abstract provided.

The Feuding Fortins: South Dakota Adopts A Presumption In Favor Of The Custodial Parent's Right To Remove A Minor Child From The Jurisdiction In Fortin V. Fortin, Jennifer L. Linngren

South Dakota Law Review

No abstract provided.

The "Unnatural" Expansion Of Trademark Rights: Is A Federal Dilution Statute Necessary?, Kenneth L. Port

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Farmers Home Administration And Farm Credit System Update, James T. Massey

Nebraska Law Review

I. Introduction

II. Farmers Home Administration ... A. The Pre-Coleman FmHA ... B. The Agricultural Credit Act of 1987 ... C. The 1990 FACT Act ... D. FmHA Appeals ... E. FmHA Restructuring and Bankruptcy ... F. Judicial Review ... G. Statute of Limitations Issues ... H. Summary Regarding FmHA

III. Farm Credit System ... A. The Borrowers' Rights Provisions ... B. Harper and Subsequent Cases ... C. The Restructuring Process

IV. Conclusion

Richmond Law Magazine: Winter 1994

Richmond Law Magazine

Features:

Celebration!

The T.C. Williams Legal Clinic

Legal Update: The Americans with Disabilities Act

Lien Stripping After Nobelman, Jane K. Winn

Articles

This Article first examines the Supreme Court's holding in Nobelman. Part II reviews the various statutory interpretations and bankruptcy policy arguments marshaled by both debtors and creditors regarding the permissibility of stripping home mortgages under the Bankruptcy Code. Part III discusses the issue of lien stripping as addressed in the bankruptcy reform legislation introduced in Congress in 1992 and 1993. Part IV of this Article reviews other similar forms of debtor relief in order to evaluate creditors' claims that lien stripping would disrupt credit markets and impair the free flow of credit to borrowers. The forms of debtor relief …

Reading Poethics, Robert Weisberg

Cardozo Law Review

The advent of law-and-literature scholarship, or at least the pronouncement of Law and Literature as a major new scholarly enterprise, reflects a general tendency in our culture to look to literature as a source of spiritual renewal, as a means of reclaiming a vaguely defined but emotionally evocative legacy. Such a turn to literature for renewal is ironic, since, as Richard Poirier points out, it is literature itself whose internal troubles seem to best reflect the various types of alienation, malaise, and disbelief which are said to distress modern culture. In that regard, it may be more appropriate to look …

North Dakota Legal Malpractice: A Summary Of The Law, Alvin O. Boucher

North Dakota Law Review

No abstract provided.

State Bar Of California, J. Barnes, J. Kerrane

California Regulatory Law Reporter

No abstract provided.

The Dark Secret Of Progressive Lawyering: A Comment On Poverty Law Scholarship In The Post-Modern, Post-Reagan Era, William H. Simon

Faculty Scholarship

In 1971, Stephen Wexler argued in "Practicing Law for Poor People" that what poverty lawyers should be doing was, in a word, organizing. I Wexler flaunted a tough-minded disdain, not only for individual claim assertion, but also for the purely individual concerns of particular clients. Instead, he advocated efforts to assist the poor to collective power.

In his 1977 diagnosis of the state of poverty practice, Gary Bellow argued that what legal services lawyers should be doing was "focused case pressure." He proposed aggregating small housing or welfare claims in order to generate pressure on institutions engaged in systemic misconduct …

Violence Against Lesbians And Gay Men, Suzanne B. Goldberg, Bea Hanson

Faculty Scholarship

Faggot! Dyke! Pervert! Homo!" Just words? Or rhetoric that illuminates and fuels hatred of lesbians and gay men? How often are these words supplemented by the use of a bat, golf clubs, a hammer, a knife, a gun? Studies indicate that lesbians and gay men experience criminal victimization at rates significantly higher than other individuals and are the most frequent victims of bias crime.

Since lesbians and gay men live all across the country – in large cities, small towns, and rural areas – we can be targets of bias crime no matter where we live. From the attacks against …

Looking At Holmes: A Review Essay, John F. Hagemann

South Dakota Law Review

No abstract provided.

Laying The Groundwork For Court Reform - A Report Of The Mississippi Bar's Commission On Courts In The 21st Century - Discussion Draft, S. Allan Alexander, Matthew Steffey

MC Law Review

Report

"Artificial Conscience": Professional Elites And Professional Discipline From 1920 To 1950, James A. Smith

Osgoode Hall Law Journal

Recent historical studies of the British and American Bars have identified their professional elites' willingness to define and enforce a concept of legal ethics which restricted less fortunate members' ability to practice and less fortunate individuals' ability to obtain legal assistance. This essay applies the thesis to the Canadian Bar's and especially the Law Society of Upper Canada's use of their increasing control over professional discipline from 1920 to 1950. Identifying similar trends in the Canadian profession's evolution, while emphasizing effects rather than intentions, it makes similar conclusions about the Canadian professional elite's use of such powers during this period.

The Lawyer's Duty Of Public Service: More Than Charity?, Tigran W. Eldred, Thomas Schoenherr

Faculty Scholarship

The question of whether lawyers have an ethical duty to perform public service-and, in particular, whether the obligation requires that a percentage of time be devoted to providing free legal services to the poor'-has a disjointed and uneven history. Leaders of the bar, espousing various and often conflicting views of morality, compassion, noblesse oblige, and individual autonomy, have contributed to this state of affairs, creating a complicated web of vague ideals that today jeopardizes the legal profession's sense of its own public obligations. On the one hand, the legal profession remains dedicated to the traditional view that public service …

A Place For The Privileged Will, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Most people consider the proper distribution of their property on death a vitally important matter. For those who are elderly, ill or engaged in risky occupations, it is often urgent to get such things settled fast. But some people may be in circumstances where they cannot comply with the formal requirements for a valid will. The law has long recognized this concern in the case of soldiers and sailors by allowing them to create privileged wills. Many jurisdictions, including Singapore, have legislation to this effect. This article seeks to determine if there remains a place for the privileged will today. …

Sanctioning Legal Organizations Under The New Federal Civil Rule 11: Radical Changes Loosen More Unforeseeable Forces, Jeffrey A. Parness

Faculty Articles, Papers, and Other Scholarship

Prompted by their perception that significant civil litigation misconduct involving frivolous papers was occurring in federal trial courts, the federal judicial rulemakers first effected a major overhaul of Rule 11 of the Federal Rules of Civil Procedure in 1983. The changes in the rule, which had remained unamended since 1938, greatly expanded the circumstances under which sanctions for frivolous papers might be imposed. The changes led to a "cottage industry of routine sanctions motions" for litigators and to "a cottage industry of writing about Rule 11" for academicians. One distinguished observer noted that the rulemakers had undertaken "radical changes in …

Introduction, B. E. Witkin

UC Law Journal

No abstract provided.

Beyond Victim Impact Evidence: A Modest Proposal, Teree E. Foster

UC Law Journal

The United States Supreme Court held in Payne v. Tennessee that the introduction of 'victim impact' evidence in capital cases does not violate the Eighth Amendment's prohibition against cruel and unusual punishment. The fact finder in a capital case may consider the unique consequences of a specific murderous act in order to assess the defendant's blameworthiness and, in turn, to determine whether he should be sentenced to death.

Dean Foster wholeheartedly agrees with the reasoning underlying the Payne decision, but points out that the Court did not take its premises to their logical conclusion. In her Proposal, she sets forth …

Shattering The Glass Ceiling: A Legal Theory For Attacking Discrimination Against Women Partners, Mark S. Kende

UC Law Journal

Historically women have experienced gender discrimination in employment and promotions, hitting a "glass ceiling" that prevents them from reaching the highest positions within academic institutions, corporations, and partnerships. Women partners are especially vulnerable to discrimination because federal and state anti-discrimination laws have been interpreted to protect "employees" not partners, who are "employers" by definition.

In his Article, Professor Kende tracks the progress of women in the legal profession and the glass ceiling that women encounter in trying to become partners and to reach the top management positions within partnerships. He argues that the implied covenant of good faith and fair …

Reflections On Judge Weinstein's Ethical Dilemmas In Mass Tort Litigation, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Viking 1994, Portland State University

The Viking (Yearbooks)

Portland State University 1994 yearbook