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1997

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Nepa And Sepa's In The Quest For Environmental Justice, Stephen M. Johnson Jan 1997

Nepa And Sepa's In The Quest For Environmental Justice, Stephen M. Johnson

Loyola of Los Angeles Law Review

No abstract provided.

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"Wait A Minute. This Is Where I Came In." A Trial Lawyer's Search For Alternative Dispute Resolution, Steven H. Goldberg Jan 1997

"Wait A Minute. This Is Where I Came In." A Trial Lawyer's Search For Alternative Dispute Resolution, Steven H. Goldberg

Elisabeth Haub School of Law Faculty Publications

My original answer to the question “Alternative to what?” was “the adversary system.” ADR held out the promise of a better way than the adversary system for handling at least some of the inevitable friction in society. I could not define “better” precisely, but it contained notions of faster, cheaper, less contentious, less aggravating, or more likely to leave the parties talking to each other when the process was over. My current answer to the question “Alternative to what?” is that ADR is not an alternative. Alternative Dispute Resolution courses have become Dispute Resolution. In this society, dispute resolution is …

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State Of Utah V. Jeffrey Affholter : Brief Of Appellant, Utah Court Of Appeals Jan 1997

State Of Utah V. Jeffrey Affholter : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

BRIEF OF APPELLANT Appeal from an order of the First Judicial District Court Cache County, Utah The Honorable Clint S. Judkins, Presiding

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The Role Of The State, The Necessity Of Race-Conscious Remedies, And Other Lessons From The Mount Laurel Study, Florence Wagman Roisman Jan 1997

The Role Of The State, The Necessity Of Race-Conscious Remedies, And Other Lessons From The Mount Laurel Study, Florence Wagman Roisman

Seton Hall Law Review

No abstract provided.

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Contingent Fees, Principal-Agent Problems, And The Settlement Of Litigation, Bruce L. Hay Jan 1997

Contingent Fees, Principal-Agent Problems, And The Settlement Of Litigation, Bruce L. Hay

William Mitchell Law Review

No abstract provided.

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Whose Lawyer Are You Anyway?, Thomas D. Morgan Jan 1997

Whose Lawyer Are You Anyway?, Thomas D. Morgan

William Mitchell Law Review

No abstract provided.

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After Pocahontas: Indian Women And The Law, 1830 To 1934, Bethany Berger Jan 1997

After Pocahontas: Indian Women And The Law, 1830 To 1934, Bethany Berger

Faculty Articles and Papers

The story of Pocahontas, simultaneously celebrated and contained, presents the favored path for Native American women in the newer legal culture: absorption into the Euro-American race and ultimate disappearance of the non-European element. The alternative path was reserved for women whose assimilation did not reach this level of absorption and disappearance but retained their allegiance to both the Indian and white society. Federal and state legislatures and courts marginalized such women, denied them the treaty rights accorded their male companions, and denied them stable marriages, rights of descent, and the power within the family that they had had within Indian …

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Proceedings Of The Ninety-Seventh Annual Meeting Of The North Dakota State Bar Association Jan 1997

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

North Dakota Law Review

No abstract provided.

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The Ethical Utilization Of Paralegals In Ohio, Wendy I. Wills Jan 1997

The Ethical Utilization Of Paralegals In Ohio, Wendy I. Wills

Cleveland State Law Review

This article seeks to discern a bright-line rule for the unauthorized practice of law in Ohio by paralegals. Part I briefly introduces the growth of the paralegal profession in general. Part II discusses Ohio cases dealing with the unauthorized practice of law. Part III explains what legal services non-lawyers are permitted to perform under the supervision of a practicing attorney. Part IV then discusses the evolution of paralegal practice in other states before Part V summarizes what paralegals are permitted to do under Ohio law.

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Introduction, Marc I. Steinberg Jan 1997

Introduction, Marc I. Steinberg

SMU Law Review

No abstract provided.

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Lawyer Disclosure Of Corporate Fraud: Establishing A Firm Foundation, Richard W. Painter, Jennifer E. Duggan Jan 1997

Lawyer Disclosure Of Corporate Fraud: Establishing A Firm Foundation, Richard W. Painter, Jennifer E. Duggan

SMU Law Review

No abstract provided.

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The Japanese Product Liability Law: Sending A Pro-Consumer Tsunami Through Japan's Corporate And Judicial Worlds, Jason F. Cohen Jan 1997

The Japanese Product Liability Law: Sending A Pro-Consumer Tsunami Through Japan's Corporate And Judicial Worlds, Jason F. Cohen

Fordham International Law Journal

This note argues that Japan’s former product liability system deprived consumers of adequate protection against product defects. This note also argues that Japan’s changing economic and political conditions necessitated the introduction of strict liability. Part I examines the development of the Japanese legal system, traces the history of product liability in Japan, and discusses the structural and cultural barriers to pursuing product liability claims. Part I also explains the product liability legal theories in existence before the PL Law and discusses the twenty-year process in which Japan debated the prospects of passing this legislation. Part I concludes by discussing factors …

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Ethics, Professionalism, And Meaningful Work, William H. Simon Jan 1997

Ethics, Professionalism, And Meaningful Work, William H. Simon

Hofstra Law Review

No abstract provided.

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Family Businesses And The Business Of Families: A Consideration Of The Role Of The Lawyer Symposium - The Intersecting Institutions Of Marriage: Conflicts And Consequences, Steven H. Hobbs, Fay Wilson Hobbs Jan 1997

Family Businesses And The Business Of Families: A Consideration Of The Role Of The Lawyer Symposium - The Intersecting Institutions Of Marriage: Conflicts And Consequences, Steven H. Hobbs, Fay Wilson Hobbs

Articles

No abstract provided.

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Rodrigo's Fourteenth Chronicle: American Apocalypse Symposium: Bowers + Ten: Litigation, Legislation, And Community Activism, Richard Delgado Jan 1997

Rodrigo's Fourteenth Chronicle: American Apocalypse Symposium: Bowers + Ten: Litigation, Legislation, And Community Activism, Richard Delgado

Articles

No abstract provided.

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The Lawyer's Duties Of Confidentiality And Avoidance Of Harm To Others: Lessons From Sunday School Symposium: The Relevance Of Religion To A Lawyer's Work: An Interfaith Conference: General Responses To The Conference, Steven H. Hobbs Jan 1997

The Lawyer's Duties Of Confidentiality And Avoidance Of Harm To Others: Lessons From Sunday School Symposium: The Relevance Of Religion To A Lawyer's Work: An Interfaith Conference: General Responses To The Conference, Steven H. Hobbs

Articles

No abstract provided.

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Snuffing Out The First Amendment: The Fda Regulation Of Tobacco Company Advertising And Sports Sponsorships Under The Federal Food, Drug, And Cosmetic Act, Bradford J. Patrick Jan 1997

Snuffing Out The First Amendment: The Fda Regulation Of Tobacco Company Advertising And Sports Sponsorships Under The Federal Food, Drug, And Cosmetic Act, Bradford J. Patrick

Marquette Sports Law Review

No abstract provided.

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The Ftc's Consumer Protection Program During The Miller Years: Lessons For Administrative Agency Structure And Operation, Mark E. Budnitz Jan 1997

The Ftc's Consumer Protection Program During The Miller Years: Lessons For Administrative Agency Structure And Operation, Mark E. Budnitz

Catholic University Law Review

No abstract provided.

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Confusingly Dissimilar Applications Of Trademark Law To Vanity Telephone Numbers, Lisa D. Dame Jan 1997

Confusingly Dissimilar Applications Of Trademark Law To Vanity Telephone Numbers, Lisa D. Dame

Catholic University Law Review

No abstract provided.

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Confidentiality, Counseling, And Care: When Others Need To Know What Clients Need To Disclose, Janine Sissk Jan 1997

Confidentiality, Counseling, And Care: When Others Need To Know What Clients Need To Disclose, Janine Sissk

Fordham Law Review

No abstract provided.

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A Letter From Appalachia, Deborah A. Schmedemann Jan 1997

A Letter From Appalachia, Deborah A. Schmedemann

Faculty Scholarship

The author describes a sabbatical spent working with the Appalachian Research and Defense Fund of Kentucky and volunteering as an adult literacy tutor. She describes the difficulties that face many people in that area who are in need of legal action and representation, and notes the importance of funding for legal aid for the poor.

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In Communities Begin Responsibilities: Obligations At The Gay Bar, William B. Rubenstein Jan 1997

In Communities Begin Responsibilities: Obligations At The Gay Bar, William B. Rubenstein

UC Law Journal

No abstract provided.

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Comprehensive Annual Financial Report, 1996, City Of Clayton Jan 1997

Comprehensive Annual Financial Report, 1996, 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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Discrimination Cases, Eileen Kaufman Jan 1997

Discrimination Cases, Eileen Kaufman

Touro Law Review

No abstract provided.

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Employment Law: Courts And Contracts, Richard A. Epstein Jan 1997

Employment Law: Courts And Contracts, Richard A. Epstein

Faculty Articles

There are clearly deep divisions of opinion in New Zealand on the relationship between the courts and the Employment Contracts Act 1991 (ECA). These address both substantive and jurisdictional issues. Thus, the central dispute concerns the way courts should interpret the various provisions of the Act. The second concerns the question of whether a specialized court should have primary responsibility over administering and interpreting the Act. Clearly, the two questions are related, for the choice of tribunal is likely to have some systematic effects on the manner of interpretation. But as a foreigner, I plan to avoid these specific controversies …

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Race, Redistricting And A Republican Poll Tax: The Supreme Court's Voting Rights Decisions Of The 1995-96 Term, Frank Parker Jan 1997

Race, Redistricting And A Republican Poll Tax: The Supreme Court's Voting Rights Decisions Of The 1995-96 Term, Frank Parker

Touro Law Review

No abstract provided.

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Private Actors & (And) Structural Balance: Militia & (And) The Free Rider Problem In Private Provision Of Law, Andrew P. Morriss Jan 1997

Private Actors & (And) Structural Balance: Militia & (And) The Free Rider Problem In Private Provision Of Law, Andrew P. Morriss

Faculty Scholarship

Miners in Montana in the 1860s created "common law," nongovernmental legal institutions which dispensed millions of dollars of public resources to private individuals. Armed Vigilantes rode across the territory administering private justice. They hung twenty-two men, including an elected sheriff and his deputies. Even as Montana finally became a territory in May 1864, "it nevertheless chose still to regard itself as back of beyond, as a remote, independent, and untouchable empire. It resented and continually obstructed, ungratefully, the federal controls which accompanied the blessings of territorial recognition." Such activities were not limited to the early days of the Montana Territory: …

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Attorneys And Social Workers Collaborating In Hiv Care: Breaking New Ground, Randye Retkin, Gary L. Stein, Barbara Hermie Draimin Jan 1997

Attorneys And Social Workers Collaborating In Hiv Care: Breaking New Ground, Randye Retkin, Gary L. Stein, Barbara Hermie Draimin

Fordham Urban Law Journal

This article identifies and analyzes the complex ethical and service questions that arise when attorneys and social workers collaborate on behalf of their clients. These issues include: client confidentiality; attorney-client privilege and client waiver of the privilege; identification of the primary client and multi-party representation; legal requirements versus ethical obligations appropriate division of professional responsibilities; case reviews and consultations; and models for combing law and social work practices This article is intended to increase the understanding of and respect for the contributions of both disciplines, promote dialogue among professionals, and enhance service collaborations where appropriate.

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Changing Positions And Entrenched Polemics: A Brief History Of The Association To Benefit Children’S View On Pediatric Hiv Testing, Counseling, And Care, Colin Crawford Jan 1997

Changing Positions And Entrenched Polemics: A Brief History Of The Association To Benefit Children’S View On Pediatric Hiv Testing, Counseling, And Care, Colin Crawford

Fordham Urban Law Journal

In this Article, the author documents the trajectory of the Association to Benefit Children’s approach to pediatric HIV testing. Part I focuses on ABC’s lawsuit on behalf of children with HIV in New York and documents the settlement process, which resulted in allowing mothers to know the results of the HIV test results. Next, the author reflects on why the debate became as acrimonious as it did, and how that impeded the resolution of a satisfactory result for the widest number of people. Lastly, the author offers several lessons learned from the controversy surrounding the debate. Specifically, the debate over …

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Building Upon Our Past, James R. Kenyon Jan 1997

Building Upon Our Past, James R. Kenyon

Institute for Educational Leadership Monograph Series

This sesquicentennial year provides a milestone in our state history. A study of our local diversity is appropriate as preparation for our cultural advancement into the next millennium. In our local area, the potential diversity strengths are the religious community, educational systems, and emerging new economic endeavor.

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