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1995

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Institution
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Rhetoric, Evidence, And Bar Agency Restrictions On Speech By Attorneys, Lloyd B. Snyder Jan 1995

Rhetoric, Evidence, And Bar Agency Restrictions On Speech By Attorneys, Lloyd B. Snyder

Law Faculty Articles and Essays

There are two problems with permitting litigation about attorney speech to proceed without requiring bar disciplinary agencies to present empirical data or other evidence to support claims that restrictions on attorney speech are necessary. First, the history of bar association restrictions on attorney speech should make us skeptical that the bar rules are based on lofty ideals about protection of the public. The restrictions began as rules promulgated by elite corporate lawyers whose effect was to limit the activities of their less affluent brethren who were representing criminal defendants and other impoverished clients. The purpose of the rules was to …

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Front Matter Jan 1995

Front Matter

Michigan Journal of International Law

No abstract provided.

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Report Of The Conference Rapporteur, Berta E. Hernández-Truyol Jan 1995

Report Of The Conference Rapporteur, Berta E. Hernández-Truyol

UF Law Faculty Publications

This summary constitutes my Final Report to the Conference on the International Protection of Reproductive Rights (the "Conference") jointly sponsored by the Women & International Law Program at the Washington College of Law of the American University and the Women in the Law Project of the International Human Rights Law Group. The Conference focused on issues that affect the role of women in society and the role played by rules of law in defining and marginalizing women's existence in society. The Conference goals included the reformulation of the international human rights construct to advance and implement women's rights, particularly women's …

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Proceedings Of The Ninety-Fifth Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association Jan 1995

Proceedings Of The Ninety-Fifth Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association

North Dakota Law Review

No abstract provided.

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Babcock/Lechmere Revisited: Derivative Nature Of Union Organizers' Right Of Access To Employers' Property Should Impact Judicial Evaluation Of Alternatives, R. Wayne Estes, Adam M. Porter Jan 1995

Babcock/Lechmere Revisited: Derivative Nature Of Union Organizers' Right Of Access To Employers' Property Should Impact Judicial Evaluation Of Alternatives, R. Wayne Estes, Adam M. Porter

SMU Law Review

No abstract provided.

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Probate And Trusts, Lynne Mcniel Candler Jan 1995

Probate And Trusts, Lynne Mcniel Candler

SMU Law Review

No abstract provided.

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Partnerships, Steven A. Waters Jan 1995

Partnerships, Steven A. Waters

SMU Law Review

No abstract provided.

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Personal Torts, Frank L. Branson Jan 1995

Personal Torts, Frank L. Branson

SMU Law Review

No abstract provided.

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Is There A Doctrine In The House? Welfare Reform And The Unconstitutional Conditions Doctrine, Jonathan Romberg Jan 1995

Is There A Doctrine In The House? Welfare Reform And The Unconstitutional Conditions Doctrine, Jonathan Romberg

Fordham Urban Law Journal

This Article proposes that courts should subject unconstitutional conditions cases to intermediate scrutiny rather than presuming that a conditioned benefit is either valid or invalid based on its formal attributes. In conducting intermediate scrutiny, courts should consider: (i) the degree of equality or neutrality demanded by the underlying constitutional right; (ii) the importance of the benefit to the recipient; (iii) the germaneness of the condition to the reason the government may legitimately deny the benefit in the absence of the condition, and thus whether the government is attempting to use its economic and regulatory powers to gain leverage over a …

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The Worst Of Times . . . And The Best Of Times: Lawyering For Poor Clients Today, Louise G. Trubek Jan 1995

The Worst Of Times . . . And The Best Of Times: Lawyering For Poor Clients Today, Louise G. Trubek

Fordham Urban Law Journal

This Essay describes three areas in which advocates have developed new models of practice and new forms of advocacy. It examines ways that lawyers and clients are collaborating to create more effective advocacy for battered women, low-income entrepreneurs and nonprofit community-based organizations that serve the poor. It describes how, why and where the new practices operate and analyzes the roots of the new approaches, showing that they can be traced to changes in lawyering theory and new visions of the lawyer-client relationship. The Essay assesses whether these models can be sustained and generalized, concluding that although the new approaches are …

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Changing Legal Contexts For Affirmative Welfare Reform, Melville D. Miller, Jr. Jan 1995

Changing Legal Contexts For Affirmative Welfare Reform, Melville D. Miller, Jr.

Fordham Urban Law Journal

To test whether the block grant approach currently under consideration in Congress actually achieves the goal of providing states with the flexibility necessary to effect meaningful policy changes, this Essay contrasts the way two different reform proposals would be treated in the current legal and regulatory environment to the way they would likely fare under the proposed legislation. One proposal used in this analysis is a comprehensive welfare reform program, self-described as "progressive," that was developed by a community-based, grass roots coalition in New Jersey. The New Jersey reform proposal aims to improve outcomes for recipients, rather than simply to …

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Predatory Attorneys And Professional Plaintiffs: Reforms Are Needed To Limit Vexatious Securities Litigation, Douglas C. Buffone Jan 1995

Predatory Attorneys And Professional Plaintiffs: Reforms Are Needed To Limit Vexatious Securities Litigation, Douglas C. Buffone

Hofstra Law Review

No abstract provided.

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When Lawyers Represent Their Adversaries: Conflicts Of Interest Arising Out Of The Lawyer-Lawyer Relationship, Steven C. Krane Jan 1995

When Lawyers Represent Their Adversaries: Conflicts Of Interest Arising Out Of The Lawyer-Lawyer Relationship, Steven C. Krane

Hofstra Law Review

No abstract provided.

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Patent Attorneys And The Attorney-Client Privilege, James Y. Go Jan 1995

Patent Attorneys And The Attorney-Client Privilege, James Y. Go

Santa Clara Law Review

No abstract provided.

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Taking It To The Streets: Putting Discourse Analysis To The Service Of A Public Defender's Office, Clark D. Cunningham, Bonnie S. Mcelhinny Jan 1995

Taking It To The Streets: Putting Discourse Analysis To The Service Of A Public Defender's Office, Clark D. Cunningham, Bonnie S. Mcelhinny

Faculty Publications By Year

No abstract provided.

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Money Talks: The First Amendment Implications Of Counterfeiting Law, Julie K. Staple Jan 1995

Money Talks: The First Amendment Implications Of Counterfeiting Law, Julie K. Staple

Indiana Law Journal

No abstract provided.

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The Legal Services Act Of The Republic Of Croatia - A Guarantee Of The Advocate's Independence And Autonomy, Jozo Cizmic Jan 1995

The Legal Services Act Of The Republic Of Croatia - A Guarantee Of The Advocate's Independence And Autonomy, Jozo Cizmic

The International Lawyer

No abstract provided.

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Comprehensive Annual Financial Report, 1994, City Of Clayton Jan 1995

Comprehensive Annual Financial Report, 1994, City Of Clayton

UMSLCAB - UMSL’s Political Science Millennial Era Saint Louis Local Curated Area Budgets

This resource is one among many in the UMSLCAB open dataset at IRL.UMSL.edu/CAB

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Journal Of The Senate State Of Colorado: Sixtieth General Assembly First Regular Session At Denver, The State Capitol, Colorado General Assembly Jan 1995

Journal Of The Senate State Of Colorado: Sixtieth General Assembly First Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

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Contextualizing Professional Responsibility: A New Curriculum For A New Century Teaching Legal Ethics: Iv. Developing Specialized Ethics Courses, Mary C. Daly, Bruce A. Green, Russell G. Pearce Jan 1995

Contextualizing Professional Responsibility: A New Curriculum For A New Century Teaching Legal Ethics: Iv. Developing Specialized Ethics Courses, Mary C. Daly, Bruce A. Green, Russell G. Pearce

Faculty Scholarship

The teaching of professional responsibility in U.S. law schools is entering a new age. A relative newcomer to the traditional curriculum, professional responsibility has struggled over the past twenty-one years to establish its intellectual legitimacy. It has evolved from a cramped course on the codes of lawyer conduct adopted by the American Bar Association ("ABA") to an expansive course on the law of lawyering. The premise of this essay is that professional responsibility has matured as a subject matter to the point where a new genre of courses should join the pervasive method and the traditional survey course. The richness …

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(Sesquicentennial) The Vietnam Era: The Deanship Of James Dickson Phillips, Jr. (1964-74), William Brantley Aycock Jan 1995

(Sesquicentennial) The Vietnam Era: The Deanship Of James Dickson Phillips, Jr. (1964-74), William Brantley Aycock

North Carolina Law Review

No abstract provided.

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(Sesquicentennial) African-American And Other Minority Law Students And Alumni, Charles E. Daye Jan 1995

(Sesquicentennial) African-American And Other Minority Law Students And Alumni, Charles E. Daye

North Carolina Law Review

No abstract provided.

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(Sesquicentennial) Women At Unc And In The Practice Of Law, Laura N. Gasaway, Judith Welch Wegner Jan 1995

(Sesquicentennial) Women At Unc And In The Practice Of Law, Laura N. Gasaway, Judith Welch Wegner

North Carolina Law Review

No abstract provided.

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(Sesquicentennial) Clinical Legal Education, Richard A. Rosen Jan 1995

(Sesquicentennial) Clinical Legal Education, Richard A. Rosen

North Carolina Law Review

No abstract provided.

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Normative, And Somewhere To Go? Reflections On Professional Responsibility, Richard F. Devlin Frsc Jan 1995

Normative, And Somewhere To Go? Reflections On Professional Responsibility, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

In this article the author offers some reflections on professional responsibility. He straddles the optimist and pessimist perspectives espousing ''pessoptimism" as a more adequate position than either extreme. The author begins by deconstructing the title of the conference in which the paper was delivered: "A New Look: A National Conference on the Legal Profession and Ethics," which took place in Calgary, in June 1994. Pursuing a middle path between the optimistic and pessimistic approaches to professional responsibility, the author outlines the parameters of his ethical vision which provides some directions for legal practice. There are three elements to his restructured …

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Jobs & Wages: The Tourism Industry Dilemma, Neal A. Christensen, Norma P. Nickerson Jan 1995

Jobs & Wages: The Tourism Industry Dilemma, Neal A. Christensen, Norma P. Nickerson

Institute for Tourism and Recreation Research Publications

Designed to provide background information for the debate about the merits of tourism-related employment. This report utilizes a combination of primary and secondary data along with IMPLAN analysis to describe the structure of tourism jobs throughout the Montana economy and to make some comparisons with other industries.

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Report Of The Securities Industry Conference On Arbitration On Representation Of Parties In Arbitration By Non-Attorneys Jan 1995

Report Of The Securities Industry Conference On Arbitration On Representation Of Parties In Arbitration By Non-Attorneys

Fordham Urban Law Journal

The following is a Report prepared by the Securities Industry Conference on Arbitration ("SICA" or "Conference") concerning non-attorney representation in arbitration. The report is the result of a study, conducted by SICA over the past two years, on the practices and activities of individuals and organizations ("Non-Attorney Representatives" or "NARs") that provide public customers an alternative to representation by attorneys in disputes between customers and broker/dealers. The study was prompted by complaints concerning the quality of such representation; and, raised questions as to whether the activities of NARs constituted the unauthorized practice of law, and whether the interests of investors …

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Representation Of Parties In Arbitration By Non-Attorneys, Constantine N. Katsoris Jan 1995

Representation Of Parties In Arbitration By Non-Attorneys, Constantine N. Katsoris

Fordham Urban Law Journal

The issue of the representation of clients in legal or quasi legal proceedings by non-attorneys has been a troubling one. Not only are such services being offered by non-attorneys in the form of transactional services, i.e., advising, drafting deeds and documents, etc., but has spread to actual representation of parties before administrative agencies. Moreover, as more and more disputes are being resolved through alternative dispute mechanisms, such as arbitration, non-attorneys are also representing clients in such proceedings in civil litigation-often involving complex issues and significant sums of money-against other litigants who are usually represented by skilled attorneys. The ABA recently …

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Are Executions In New York Inevitable?, Ronald J. Tabak Jan 1995

Are Executions In New York Inevitable?, Ronald J. Tabak

Fordham Urban Law Journal

This article is an edited trascription of a program considering whether executions in New York State are inevitable. Shortly after the program a law was enacted to this effect, however, Mr. Tabak argues that the law is so badly flawed that it may not survive judicial scrutiny. Present on the panel were Barbara Paul Robinson, John Cardinal O'Connor, Dean John Feerick, Archibald Murray, Thomas McDermott, Lee Grant, Cessie Alfonso and George Kendall.

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Trying To Fit Square Pegs Into Round Holes: The Need For A New Funding Scheme For Kinship Caregivers, Randi Mandelbaum Jan 1995

Trying To Fit Square Pegs Into Round Holes: The Need For A New Funding Scheme For Kinship Caregivers, Randi Mandelbaum

Fordham Urban Law Journal

This article discusses the inadequacy of the current welfare system in meeting the needs of so-called "kinship caregivers." It summarizes the provisions of the two major programs for these individuals - the Aid to Families with Dependent Children fund, and the Adoption Assistance and Child Welfare Act. It explains the difficulty for kinship caregivers under these systems, and outlines a proposed legislative solution whereby individuals in nontraditional family structures could more easily qualify for welfare.

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