Digital Commons Network^™

William Kunstler: A People's Lawyer, Bruce H. Ellison

South Dakota Law Review

No abstract provided.

Medical Advocates: A Call For A New Profession, Maxwell J. Mehlman

Faculty Publications

No abstract provided.

Journal Of The House Of Representatives State Of Colorado: Sixtieth General Assembly Second Regular Session At Denver, The State Capitol, Colorado General Assembly

Colorado House and Senate Journals

No abstract provided.

Constitutional Law: Making A Case For Preserving The Integrity Of Minnesota's Public Defender System: Kennedy V. Carlson, 544 N.W.2d 1 (Minn. 1996), David L. Wilson

William Mitchell Law Review

No abstract provided.

The Year: 2075, The Product: Law, Stephen Gillers

Faculty Articles

This is an expanded version of remarks delivered by Professor Stephen Gillers, New York University School of Law, at Hofstra University Law School legal ethics conference, March 12, 1996.

No Leg To Stand On: The General Retainer Exception To The Ban On Nonrefundable Retainers Must Fall, Pamela S. Kunen

Cardozo Law Review

Part I of this Note reviews various attorney-client fee arrangements, with particular attention to forms of retainers. Part II traces the development of the rule banning nonrefundable retainers and of the so-called general retainer exception to this rule. Part III examines the general retainer first in terms of its two conventional but conflicting views-as an ordinary business agreement versus an attorney-client contract-and then pursues a deeper historical and descriptive examination of the device than is reflected in either conventional view. Because that examination leads to the conclusion that general retainers are attorney-client agreements, part IV scrutinizes them as such and …

The Right Not To Sue: A First Amendment Rationale For Opting Out Of Mandatory Class Actions, Maximilian A. Grant

University of Chicago Law Review

No abstract provided.

The Roles Of The State And The Market In Establishing Property Rights, Andrzej Rapaczynski

Faculty Scholarship

Using the experiences of Eastern Europe as an example, this article argues that, contrary to the economists' assumption that property rights are a precondition of a market economy, market institutions are often a prerequisite for a viable private property regime. Progress in the development of complex property rights in Eastern Europe, thus, cannot be expected to come primarily from a perfection of the legal system. Instead, it is more likely to arise as a market response to the demand for property rights. Indeed, legal entitlements can only be expected to become effective against a background of self-enforcing market mechanisms.

Gender And Status Inequalities In Yemen: Honour, Economics, And Politics, Sheila Carapico

Political Science Faculty Publications

The aim of this national case study, a synthetic summary of the work and evidence on women in a tribal, Muslim, Arabian, rapidly changing society, is to contribute to the intersection of the Middle Eastern and women-in-development literatures by situating women first within tribal and Islamic settings and then in the context of rapid changes in political and economic circumstances during the past thirty years. It therefore considers feminine roles in the different historical social strata before examining how new services brought by modernization, class formation associated with the penetration of capitalism, and political struggles between right and left all …

An Executive's Lesson In The Law From A Typical Business Encounter, Harold A. Segall

Fordham Urban Law Journal

This Article recommends that business executives consider potential legal problems when entering into business transactions. It argues that the American civil legal system is unsatisfactorily costly, slow and risky. The Article provides examples of the perils of litigation and explains that business executives can avoid these perils by anticipating potential legal problems. The Article argues that the successful business executive must find a way to balance an optimistic, entrepreneurial spirit with a lawyerlike way of considering potential future problems. Similarly, the proper role of a commercial lawyer is to provide judgment and practical advice, as well as legal expertise.

Automatic Stays And Governmental Operations: How New York State Protects The Government From The Poor, Jack E. Pace Iii

Fordham Urban Law Journal

This note discusses two New York state procedural rules that endanger the poor by giving special treatment to the defendant whom low income plaintiffs most often face in court. First, the New York Civil Practice Law and Rules ("CPLR") allows the government an automatic stay, pending appeal, of all proceedings to enforce an adverse judgment or order. Second, The New York Court of Appeals' "governmental operations" rule creates a presumption against certifying class actions when the challenged action is a governmental operation. The author argues that these rules unfairly limit the ability of poor people to recover against the government …

1996-1997, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

New Certiorari And A National Study Of The Appeals Courts, Carl W. Tobias

Law Faculty Publications

Elitism, Expediency, and the New Certiorari: Requiem for the Learned Hand Tradition is a thought-provoking critique of the United States Courts of Appeals. Professors William Richman and William Reynolds maintain that dramatic increases in appellate filings have transformed the appeals courts during the last quarter-century, prompting systemic constriction of procedural opportunities, particularly for parties with few resources or little power. The authors find these changes profoundly troubling and propose that Congress radically expand the number of appellate judges.

Individuals and institutions, such as expert study committees, which have analyzed the federal courts, agree with much of the authors' descriptive assessment. …

"Some Kind Of Lawyer": Two Journeys From Classroom To Courtroom And Beyond, Terry Birdwhistell

Kentucky Law Journal

No abstract provided.

Dreaming In America: In Honor Of Professor Trina Grillo, Stephanie M. Wildman

Faculty Publications

No abstract provided.

The Impact Of Miranda Revisited, Richard A. Leo

Journal of Criminal Law and Criminology

No abstract provided.

The Vaporous And The Real In Former-Client Conflicts, Charles W. Wolfram

Cornell Law Faculty Publications

Influence Peddling And The Municipal Market: An Investigation Of Political Contributions And Accounting Disclosures., Steven M. Filling

LSU Historical Dissertations and Theses

The municipal bond market is widely perceived to be amenable to influence peddling between parties to bond transactions. One of the primary concerns of both regulators and investors is the relationship between political contributions by bond market participants and the volume and profitability of bond market business engaged in by those participants. This study uses publicly available data from the state of Louisiana to provide evidence concerning the relationship between contributions made by bond market participants and bond business awarded or influenced by recipients of those contributions. Contributions by bond market players to officials likely to possess influence over bond …

Aging And The Law, Peter J. Strauss, Robert Wolf, Dana Shilling

Books

No abstract provided.

Christine L. Barrus V. State Of Utah, Department Of Human Services, Office Of Family Support : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A FINAL ORDER OF THE SECOND DISTRICT COURT OF WEBER COUNTY, THE HONORABLE STANTON M. TAYLOR PRESIDING, DATED FEBRUARY 28, 1996, DENYING APPELLANT RELIEF FROM AN INFORMAL HEARING DECISION

Daniel A. Miller And David M. Kimball V. Martineau & Company, Judge Building Associates, Harold J. Hill; J. Michael Martin; Wilma W. Gardner,Estate Of Kenneth N. Gardner : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT

Appeal from the Third District Court of Salt Lake County, State of Utah, Honorable Frank G. Noel, District Judge

Preston & Chambers, P.C. V. Evan O. Koller : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT EVAN O. ROLLER

Interlocutory Appeal from the First District Court for Cache County, The Honorable Ben H. Hadfield, District Judge

Recasting Prosecutorial Discretion, Robert L. Misner

Journal of Criminal Law and Criminology

No abstract provided.

Do Minority Elderly Have Equal Access To Physical And Mental Quality Health Care, Shantayce Juanice Tobias

Theses

This paper discusses inequality among the elderly in health care services and programs. The minority elderly should have equal access to quality health care and services. The literature identifies several factors relative to health care and service utilization for the elderly. Tables and graphs are provided to show the disparities that exist between minority groups and non-minority groups. Findings of a survey are provided to illustrate the need for better access to health care services and program information for all the elderly.

On Becoming A Lawyer, Denis F. Mclaughlin

Seton Hall Law Review

No abstract provided.

Totemism Transcended?: The Ambivalent Aspirations Of Richard Posner's Jurisprudence (Norman W. Spaulding Iii, Overcoming Law (1995)), Norman W. Spaulding Iii

Seton Hall Law Review

No abstract provided.

Ethics, Cultures, And Professions In The Representation Of Children, Frank P. Cervone, Linda M. Mauro

Fordham Law Review

No abstract provided.

Aba Regulation Of Contingency Fees: Money Talks, Ethics Walks, Lester Brickman

Fordham Law Review

No abstract provided.

Conflicts Of Interests In The Representation Of Children In Dependency Cases, Christopher N. Wu

Fordham Law Review

No abstract provided.

A "Delicate And Difficult Task": Balancing The Competing Interests Of Federal Rule Of Evidence 612, The Work Product Doctrine, And The Attorney-Client Privilege, Daisy Hurst Floyd

Buffalo Law Review

No abstract provided.