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1997

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Of Substantial Interest: Third Parties Under Gatt, Chi Carmody Jan 1997

Of Substantial Interest: Third Parties Under Gatt, Chi Carmody

Michigan Journal of International Law

This article's examination of the status of third parties under GATT is important for several reasons, one of which is the proliferation of third party participation as demonstrated by Bananas III. A second reason for its importance is that there has been little written about third parties under GATT. This neglect stands in sharp contrast to ample literature on the related subject of greater public participation in the WTO. The oversight could be a function of GATT dispute resolution, which did not always enjoy the level of public attention it garners today. Until recently the GATT system handled no …


Ethics Saved Or A Penny Earned: An Exploratory Discussion Of Legal Advertising Bans, Kenya Burton Jan 1997

Ethics Saved Or A Penny Earned: An Exploratory Discussion Of Legal Advertising Bans, Kenya Burton

McNair Scholars Journal

Advertising is a venue used to reach the masses for many products and services. Whet her it's the image of a basketball icon or a familiar cartoon character, everyone is trying to make an impressionable thirty-second niche that will persuade the public to seek their product or service.

Yet , when there is a multitude of advertisers in one sector, the advertisements can suddenly change from catchy segue to annoying imagery for the consumer. Within the legal industry, many lawyers try to stand out from the brigade of attorneys by advertising their talent to the public. Unfortunately, it is the …


The Campbell Lawyer, Volume 8, Number 4 Jan 1997

The Campbell Lawyer, Volume 8, Number 4

Alumni Newsletters

No abstract provided.


Griffith V. Griffith : Brief Of Appellee, Utah Court Of Appeals Jan 1997

Griffith V. Griffith : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.


Laura E. Starley V. Steven D. Mcdowell : Brief Of Appellee, Utah Court Of Appeals Jan 1997

Laura E. Starley V. Steven D. Mcdowell : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a Supplemental Decree of Divorce Entered by the Third District Court for Salt Lake County, State of Utah Honorable Kenneth Rigtrup


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


Annual Survey Of Virginia Law: Property Law, Susan M. Pesner, Martin C. Conway Jan 1997

Annual Survey Of Virginia Law: Property Law, Susan M. Pesner, Martin C. Conway

University of Richmond Law Review

The year 1997 proved to be exceptional in the relatively quiet area of property law. After a number of failed attempts, bills addressing the unauthorized practice of law were finally presented to the General Assembly and passed. Effective July 1, 1997, the Commonwealth of Virginia will regulate residential real estate settlements for the first time in its 390-year history.


Annual Survey Of Virginia Law: Professional Responsibility, James M. Mccauley, Michael L. Rigsby Jan 1997

Annual Survey Of Virginia Law: Professional Responsibility, James M. Mccauley, Michael L. Rigsby

University of Richmond Law Review

On October 18, 1996, the Virginia State Bar Council (Council) approved a change in the format of the Code of Professional Responsibility (Code) from canons, disciplinary rules, and ethical considerations to the Model Rules of the American Bar Association (Model Rules). The first twenty-one rules, Model Rules 1.1 through 2.5, were approved in substance with some amendments at the Council's meeting on June 19, 1997. This approval represents approximately one-third of the conversion from the Code to the Model Rules. The second installment of the conversion was approved by Council at its October 1997 meeting. Notwithstanding Council's approval of this …


Herman Reedeker, Ruth Reese, Gayle Theurer, Joan Valentine, Robert Valentine, And Tom Plummer V. Norman J. Salisbury, In His Capacity As President Of The American Towers Owners Association, Spencer Kimball, In His Capacity As Vice President Of The American Towers Owners Association, Glen Getz, William S. Richards, Joan Holmes, William T. Matlock, Don Clark, Sterling Rigby, Johnny Bowne, Victor Romero And Craig Thorley, In Their Capacities As Past And Present Trustees And Directors Of The American Towers Owners Association, And John Does I Through X, : Reply Brief, Utah Court Of Appeals Jan 1997

Herman Reedeker, Ruth Reese, Gayle Theurer, Joan Valentine, Robert Valentine, And Tom Plummer V. Norman J. Salisbury, In His Capacity As President Of The American Towers Owners Association, Spencer Kimball, In His Capacity As Vice President Of The American Towers Owners Association, Glen Getz, William S. Richards, Joan Holmes, William T. Matlock, Don Clark, Sterling Rigby, Johnny Bowne, Victor Romero And Craig Thorley, In Their Capacities As Past And Present Trustees And Directors Of The American Towers Owners Association, And John Does I Through X, : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

On Appeal From a Motion to Dismiss of the Third Judicial District Court for the Salt Lake County, State of Utah Honorable David S. Young, District Judge


Deborah A. Melle V. Charles M. Bova : Brief Of Appellee/Cross-Appellant, Utah Court Of Appeals Jan 1997

Deborah A. Melle V. Charles M. Bova : Brief Of Appellee/Cross-Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Judgment of the Third District Court of Summit County, State of Utah Honorable Frank G. Noel, Presiding


State Of Utah V. Brandon David Wright : Brief Of Appellant, Utah Court Of Appeals Jan 1997

State Of Utah V. Brandon David Wright : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a judgment and conviction for Aggravated Robbery, a 1st degree felony, in violation of Utah Code Ann. § 76-6-302 (1995), in the Third Judicial District Court in and for Salt Lake County, State of Utah, the Honorable Timothy R. Hanson, Judge, presiding.


Jane Doe V. Leigh A. Maret, John Helfer, And Psychiatric Associates, Inc., John Does I-V : Reply Brief, Utah Court Of Appeals Jan 1997

Jane Doe V. Leigh A. Maret, John Helfer, And Psychiatric Associates, Inc., John Does I-V : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Interlocutory Appeal From the Third Judicial District Court The Honorable David S. Young, Presiding


Protection Of Existing Workers And The Implementation Of "Workfare", Patricia A. Quigley Jan 1997

Protection Of Existing Workers And The Implementation Of "Workfare", Patricia A. Quigley

Hofstra Labor & Employment Law Journal

No abstract provided.


In Brief Jan 1997

In Brief

In Brief

Table of Contents:

  • Masthead
  • The Dean Reports
  • Dean's National Advisory Council
  • Wendy E. Wagner, The Science Charade
  • Judge Edmund A. Sargus, Jr. '78
  • Law Alumni Weekend
  • Reunion Classes
  • Five Years of Foreign Students
  • A New Associate Dean (Strassfeld)
  • External Affairs: New Team
  • Visitors to the Law School
  • Symposium: Presidential Power in the 21st Century
  • Robert P. Lawry, Teaching Ethics: Spreading the Word
  • Canada-U.S. Conference: NAFTA Revisited
  • Faculty Notes
  • Goodbye to Deborah (sic) Fink
  • AlumNotes
  • News from Russia
  • ... and News from Canada
  • The Class of '99
  • In Memoriam
  • Annual Report: Errors and Apologies
  • Law Alumni Association
  • Calendar of Events


Report: Naral Promoting Reproductive Choices Jan 1997

Report: Naral Promoting Reproductive Choices

Saffy Collection - All Textual Materials

NARAL report on fiscal year 1997 appropriations bills wrap-up on reproductive choice. No date given.


Session Law 97-240, Florida Senate & House Of Representatives Jan 1997

Session Law 97-240, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.


The Federalist Society, Conference: Civil Justice And The Litigation Process: Do The Merits And The Search For Truth Matter Anymore?, Conference Dialogue, Day Two, Luncheon Address: Achieving Meaningful Civil Justice Reform: Is The Defense Bar A Problem?, Hon. Ralph Winter Jan 1997

The Federalist Society, Conference: Civil Justice And The Litigation Process: Do The Merits And The Search For Truth Matter Anymore?, Conference Dialogue, Day Two, Luncheon Address: Achieving Meaningful Civil Justice Reform: Is The Defense Bar A Problem?, Hon. Ralph Winter

NYLS Law Review

No abstract provided.


The Abuser Pays: The Control Of Unwarranted Discovery, John Heaps, Kathryn Taylor Jan 1997

The Abuser Pays: The Control Of Unwarranted Discovery, John Heaps, Kathryn Taylor

NYLS Law Review

No abstract provided.


Welfare Reform: An Historical Overview, Richard K. Caputo Jan 1997

Welfare Reform: An Historical Overview, Richard K. Caputo

Richmond Journal of Law and the Public Interest

This essay provides an historical overview of welfare reform efforts prior to enactment of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 by the 104th Congress. The author argues that the 1996 Act reaffirmed the labor market as the major arbiter of economic well-being of American citizens. In so doing, passage of the Act signified the formal end of income maintenance for able-bodied parents and released the federal government from assuming major responsibility for reducing poverty per se.


Disadvantaging The Disadvantaged: The Discriminatory Effects Of Punitive Damage Caps, Troy L. Cady Jan 1997

Disadvantaging The Disadvantaged: The Discriminatory Effects Of Punitive Damage Caps, Troy L. Cady

Hofstra Law Review

No abstract provided.


Lawyering For Social Justice, Nan D. Hunter Jan 1997

Lawyering For Social Justice, Nan D. Hunter

Georgetown Law Faculty Publications and Other Works

It is an honor, albeit a sad one, to be invited to write this Essay in commemoration of Tom Stoddard and as commentary on his final publication.

I first met Tom in the late 1970s, when we both joined the Board of Directors of the Lambda Legal Defense and Education Fund. Both of us were American Civil Liberties Union staff attorneys, Tom for the New York Civil Liberties Union (NYCLU) and I for the Reproducfive Freedom Project in the national office. Later, for the last half of the 1980s, Tom was the Executive Director of Lambda during the same period …


Ethics In Alternative Dispute Resolution: New Issues, No Answers From The Adversary Conception Of Lawyers’ Responsibilities, Carrie Menkel-Meadow Jan 1997

Ethics In Alternative Dispute Resolution: New Issues, No Answers From The Adversary Conception Of Lawyers’ Responsibilities, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

The romantic days of ADR appear to be over. To the extent that proponents of ADR, like myself, were attracted to it because of its promise of flexibility, adaptability, and creativity, we now see the need for ethics, standards of practice and rules as potentially limiting and containing the promise of alternatives to rigid adversarial modes of dispute resolution. It is almost as if we thought that anyone who would engage in ADR must of necessity be a moral, good, creative, and, of course, ethical person. That we are here today is deeply ironic and yet, also necessary, as "appropriate" …


Introduction: What Will We Do When Adjudication Ends? A Brief Intellectual History Of Adr, Carrie Menkel-Meadow Jan 1997

Introduction: What Will We Do When Adjudication Ends? A Brief Intellectual History Of Adr, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

I begin by thanking the UCLA Law Review, and particularly Darrin Mollet and Bryce Johnson, for seeing the timeliness of the topic of alternative dispute resolution and organizing this Symposium-collecting some of the best thinkers, writers, and practitioners in the field to discuss, among other things, the economics of ADR, the role of lawyers, courts, and judges in ADR, and the application of ADR to a variety of substantive legal and regulatory problems. In this Introduction, I would like to introduce the topics and the authors, and put them in the larger context of the movement that is now called …


The Silences Of The Restatement Of The Law Governing Lawyers: Lawyering As Only Adversary Practice, Carrie Menkel-Meadow Jan 1997

The Silences Of The Restatement Of The Law Governing Lawyers: Lawyering As Only Adversary Practice, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

The attempt to "restate" the law governing lawyers is a noble effort. The drafts, to date, have presented a heroic gathering, in one place, of case law and competing formulations of a variety of the professional disciplinary codes. The drafters have attempted to settle some difficult and often contentious issues regarding lawyer responsibilities to clients, to courts, to third parties, and to themselves. At the same time, this Restatement suffers from the temporal flaws of all its sisters and brothers - in its efforts to "restate" the law it looks backward, not forward, and thus will provide little guidance, at …


Striving To Teach “Justice, Fairness, And Morality”, Jane H. Aiken Jan 1997

Striving To Teach “Justice, Fairness, And Morality”, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

The MacCrate Report has reinvigorated legal education by identifying fundamental skills and values that are essential to effective lawyering. As we go through the process of ensuring that we train students in these fundamentals, we should not ignore the values identified in the report. At the heart of these values is the injunction that lawyers should strive to promote justice, fairness, and morality. Law schools and law teachers can play a significant role in instilling in our students a passion to ensure justice.


Developing Cross-Border Practice Rules: Challenges And Opportunities For Legal Education, Louis F. Del Duca, Vanessa P. Sciarra Jan 1997

Developing Cross-Border Practice Rules: Challenges And Opportunities For Legal Education, Louis F. Del Duca, Vanessa P. Sciarra

Fordham International Law Journal

This Essay first discusses differences in the process used by the European Community (“EC”) and North American Free Trade Agreement (“NAFTA”) in developing cross-border practice rules. This is followed by discussions of the developing NAFTA rules and resulting challenges and opportunities for legal education.


Invoking The U.S. Attorney-Client Privilege: Japanese Corporate Quasi-Lawyers Deserve Protection In U.S. Courts Too, Jason Marin Jan 1997

Invoking The U.S. Attorney-Client Privilege: Japanese Corporate Quasi-Lawyers Deserve Protection In U.S. Courts Too, Jason Marin

Fordham International Law Journal

This Note discusses whether the attorney-client privilege applies to Japanese in-house legal personnel who are not members of any country's bar. Part I defines the attorney-client privilege, and explains what communications the privilege protects. Part I also compares the legal systems of Japan and the United States. Part II examines case law and commentary on the issue of applying the privilege to non-US attorneys who are not admitted to any bar. Part III argues that the arguments for applying the attorney-client privilege to non-US, non-bar in-house legal personnel are particularly effective considering the structure of the Japanese legal system. This …


The Ethical Implications Of The Globalization Of The Legal Profession: A Challenge To The Teaching Of Professional Responsibility In The Twenty-First Century, Mary C. Daly Jan 1997

The Ethical Implications Of The Globalization Of The Legal Profession: A Challenge To The Teaching Of Professional Responsibility In The Twenty-First Century, Mary C. Daly

Fordham International Law Journal

This Article accepts globalization as a defining characteristic of the world order of the late twentieth and the early twenty-first centuries and as a force majeure on the legal profession. It challenges the professional responsibility academy to explore the incipient structural transformations that are taking place on a macro level and to reconfigure the classic curriculum to acknowledge the ethical implications of the globalization of the legal profession.


Human Rights In India - Fifty Years After Independence, Vijayashiri Sripati Jan 1997

Human Rights In India - Fifty Years After Independence, Vijayashiri Sripati

Denver Journal of International Law & Policy

No abstract provided.


Wisconsin's Journey To Just Solutions, R. William Ide Iii Jan 1997

Wisconsin's Journey To Just Solutions, R. William Ide Iii

Marquette Law Review

No abstract provided.