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Remarks Of Sandra Day O'Connor, Associate Justice, Supreme Court Of The United States, Sandra Day O'Connor

Seton Hall Law Review

No abstract provided.

Proceedings Of The 1997 Annual Meeting Association Of American Law School Sections On Employment Discrimination Law And Alternative Dispute Resolution, Theodore J. St. Antoine, Herbert Bernhardt, Catherine Hagen, Paul Tobias, Marion Zinman

Other Publications

The following is an edited transcript of the proceedings of the joint meeting of the Employment Discrimination Law and Alternative Dispute Resolution Sections at the AALS Annual Meeting, Washington, D.C., January 7, 1997.

Reflections About Law Reviews And American Legal Scholarship, Richard S. Harnsberger

Nebraska Law Review

I. Introduction

II. A Curious Way of Doing Things

III. Why Do Students Join Law Reviews?

IV. Is Criticism of Law Reviews Justified or Is It “Full of sound and fury, signifying nothing?”

V. From Practical to Theoretical Legal Scholarship

VI. Yet Another Accusation: Law Reviews Are the Cause of the Supreme Court’s Poor Literary Style

VII. A Final Complaint: A Great Deal of Law Review Language Is Incomprehensible

VIII. Expert Testimony in Opposition to Abolishing Law Reviews

IX. A Possible But Unlikely Change of Circumstances

X. Conclusion

The Primary Liability Of Securities Lawyers, Manning Gilbert Warren Iii

SMU Law Review

No abstract provided.

The Public Interest And The Power Of The Feminist Critique Of Law School: Women's Empowerment Of Legal Education And Its Implications For The Fate Of Public Interest Commitment, Adrienne Stone

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Ensuring Meaningful Jailhouse Legal Assistance: The Need For A Jailhouse Lawyer-Inmate Privilege, Julie B. Nobel

Cardozo Law Review

Imagine Jeff, a state prison inmate who is serving a twentyfive year sentence for armed robbery. During this time, he is ordered to appear before a prison disciplinary committee to face charges that he murdered another prisoner during a riot. Although Jeff is entitled to present his defense at this disciplinary hearing, he finds it difficult to prepare his case adequately because he does not know how to read or write. Since he cannot afford an attorney, Jeff seeks the help of a fellow inmate who has a reputation for being skilled in the law. This "jailhouse lawyer" counsels Jeff …

Women's Rights Under Siege, Nadine Strossen

North Dakota Law Review

No abstract provided.

Telemedicine: The Intersection Of Law, Medicine, And Technology, Carla Anderson, Robert Freeman, Francoise Gilbert Esq.

North Dakota Law Review

No abstract provided.

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

Faculty Scholarship

Much of the anxiety and dissatisfaction associated with legal ethics arises from the categorical quality of the bar's dominant norms. These norms take the form of relatively inflexible rules insensitive to all but a few of the circumstances of the cases they govern. Hence they often require the lawyer to take actions that contribute to injustice or to refrain from actions that would avert injustice.

For example, many lawyers believe that a criminal defender is obliged to impeach a truthful complaining witness even though the only immediate purpose of this tactic is to encourage the trier to draw a mistaken …

Recent Legislation: Constitutional Law – Congress Imposes New Restrictions On Use Of Funds By The Legal Services Corporation – Omnibus Consolidated Rescissions And Appropriations Act Of 1996, Pub. L. No. 104-134, 110 Stat. 1321, Benjamin L. Liebman

Faculty Scholarship

Fierce political battles have raged about the Legal Services Corporation (LSC) for much of its twenty-three year history. Critics have attacked LSC for pursuing a "radical agenda" and for "engaging in dubious litigation that is of no real benefit to poor people," while supporters have termed LSC "the one program in the entire war on poverty that made a difference" and have decried the "campaign to deny the right of legal representation to the poor." Last year, in the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (OCRAA), Congress reduced LSC funding by thirty percent – to $278 million in …

Deregulatory Takings, Breach Of The Regulatory Contract, And The Telecommunications Act Of 1996, William J. Baumol, Thomas W. Merrill

Faculty Scholarship

Professors Baumol and Merrill reply to Deregulatory Takings and Breach of the Regulatory Contract, published last year in this Review, which argued that the price incumbents may charge potential competitors for bottleneck facilities under the Telecommunications Act of 1996 should be based not on forward-looking costs but on historical costs. Professors Baumol and Merrill contend that pricing with reference to historical costs would depart from the principles called for by economic analysis for efficient pricing and they further argue that neither the Takings Clause nor the regulatory contract precludes the use of forward-looking costs in setting prices. If a taking …

Indemnity Of Legal Fees, Avery W. Katz

Faculty Scholarship

This article surveys the effects of legal fee shifting on a variety of decisions arising before and during the litigation process. Section 2 provides a brief survey of the practical situations in which legal fee shifting does and does not arise. Section 3 analyzes the effects of indemnification on the incentives to expend resources in litigated cases. Section 4 examines how indemnification influences the decisions to bring and to defend against suit, and Section 5 assesses its effects on the choice between settlement and trial. Section 6 addresses the interaction between the allocation of legal fees and the parties' incentives …

Efficient, Effective Advocacy In The "Computer Age" Demands The Marriage Of The Work Product Doctrine To Computerized Litigation Databases, Cecilee Price-Huish

Computer Law Review and Technology Journal

The attorney-client relationship is one that often evolves over years of legal representation, which often results in the creation of close working relationships and the development of mutual trust. It is not unusual for an attorney or law firm to represent a client for a number of years, fulfilling many different functions as circumstances require. Within this context, a lawyer's roles may include counselor, mediator and litigator. In the age of the information superhighway, where business is increasingly conducted via computerized systems, it is commonplace for an attorney, during the course of lengthy legal representation, to rely heavily on computerized …

Internet Entrepreneurs, New Traffic Patterns, And Policy Issues, Michael S. Baram, Marv Goldschmitt, Richard J. Testa, Thomas C. Siekman, Peter Marx, Steven Bauer

Faculty Scholarship

Welcome to the first session of the Internet Law Symposium co-sponsored by the Center for Law and Technologyat Boston University School of Law and the law firm of Testa, Hurwitz & Thibeault.This session will focus on a variety of Internet law and public policy issues and their implications for business.

Messenger As The Medium Of Communication: The Use Of Interpreters In Mediation, The, Ileana Dominguez-Urban

Journal of Dispute Resolution

Merely adding one more person to the mediation process adds greater complexity to the dynamics of the mediation than most lawyers and mediators would anticipate. As Part I of this article indicates, mediators must understand the complexities of interpreted mediation because the need for interpreted mediation is increasing due to national demographics, legal requirements, and international market forces. Part II examines the skills needed for interpretation and the probable structure of an interpreted mediation. Part III considers who might possess those interpretation skills as well as the additional skills required of one who will serve as an auxiliary to the …

Freeing The Parties From The Law: Designing An Interest And Rights Focused Model Of Landlord/Tenant Mediation, Joel Kurtzberg, Jamie Henikoff

Journal of Dispute Resolution

In this article, we point out two fundamental flaws of the critique. First, the critique compares mediation to an idealized view of adjudication instead of comparing mediation to its real-life alternatives. Second, it takes a narrow view of the role of law in mediation, erroneously assuming that mediators must either ignore the law or impose it on the parties. Part I of this article spells out the critics' claim that mediation generally harms the poor and disempowered by failing to adequately incorporate formal legal protections into the process. Part II examines the critique as it is applied to the landlord-tenant …

Symbolic Statutes And Real Laws: The Pathologies Of The Anti-Terrorism And Effective Death Penalty Act And The Prison Litigation Reform Act, Larry Yackle

Faculty Scholarship

Criminals are not popular. No politician in recent memory has lost an election for being too tough on crime. In 1996, the Republican Congress and the Democratic President collaborated on two major statutes affecting the legal protections available to criminals The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) modifies the habeas corpus statute in a number of ways, affecting the disposition of federal post-conviction challenges to all criminal convictions, not just those resulting in death sentences? The Prison Litigation Reform Act (PLRA) addresses lawsuits filed by prisoners challenging the conditions of their confinement. The PLRA covers both suits …

Private Financing Of Criminal Prosecutions And The Differing Protections Of Liberty And Equality In The Criminal Justice System, Joseph E. Kennedy

Faculty Publications

No abstract provided.

Federal Civil Rights Practice In The 1990'S: The Dichotomy Between Reality And Theory, Julie Davies

UC Law Journal

Civil rights fee-shifting statutes were designed to enable plaintiffs to attract competent attorneys to litigate and ultimately vindicate violations of federal civil rights laws. In the years following the enactment of the Attorneys' Fees Awards Act of 1976, the Supreme Court has decided a number of cases that would seem to affect attorney compensation in civil rights cases. In a series of interviews with civil rights practitioners, Professor Julie Davies has explored the effects of some key decisions as well as other factors that influence the viability of civil rights practice. In her Article, she presents the results of her …

Gender Equity In Athletics: The New Battleground Of Interscholastic Sports, Ray Yasser, Sam Schiller

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.