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1999

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Confronting Developmental Barriers To The Empowerment Of Child Clients , Emily Buss May 1999

Confronting Developmental Barriers To The Empowerment Of Child Clients , Emily Buss

Cornell Law Review

No abstract provided.


The Ethics Of Being A Commentator Iii, Erwin Chemerinsky, Laurie Levenson May 1999

The Ethics Of Being A Commentator Iii, Erwin Chemerinsky, Laurie Levenson

Mercer Law Review

The use of lawyers and law professors as commentators continues to increase. Although reporters have long used experts to explain and evaluate, in the last decade legal commentators have become a fixture in news stories about legal proceedings. A decade ago, when the McMartin Preschool case filled the news in Los Angeles, scarcely a commentator was used. A few years later, when the officers who beat Rodney King were tried in state court, daily legal commentary was absent. In sharp contrast, commentators were used on a regular basis during the federal prosecution of those officers. The subsequent trial of two …


Latin American Immigrants' Perceptions Of Discrimination And Acquisition Of English As A Second Language As A Result Of Using A Community Social Support Center, Holly Mcfarland May 1999

Latin American Immigrants' Perceptions Of Discrimination And Acquisition Of English As A Second Language As A Result Of Using A Community Social Support Center, Holly Mcfarland

All Graduate Theses and Dissertations, Spring 1920 to Summer 2023

The associations between Latin American immigrants' use of a community social support center and perceived discrimination and language acquisition were investigated. All variables were measured by respondents' self-reports on a questionnaire designed to obtain demographic data as well as describe the needs of the Latin American community in rural Northern Utah. Chi-square analyses indicated a statistically significant association between use of the center and acquisition of English as a second language. No relationship was found between use of the center and perceived discrimination. The results of this study provide valuable demographic data as well as describe some of the experiences …


E-Mail And The Attorney-Client Privilege: Simple E-Mail In Confidence, Ben Delsa May 1999

E-Mail And The Attorney-Client Privilege: Simple E-Mail In Confidence, Ben Delsa

Louisiana Law Review

No abstract provided.


Erisa Preemption, Hmos, And Denial Of Benefit Claims, Dawn Lauren Morris May 1999

Erisa Preemption, Hmos, And Denial Of Benefit Claims, Dawn Lauren Morris

Louisiana Law Review

No abstract provided.


Research View, May/June 1999 May 1999

Research View, May/June 1999

Research View

Contents of this issue include:

Nature's Classroom: The Montana Natural History Center

Slug Slime: Students produce 'Field Notes' for KUFM radio

Real Clients, Real Problems: Law students get a trial by fire in clinical program

Montana Campus Compact: Higher education's pledge to community service

Lifelong lessons: Survey shows impacts of volunteerism

Covering Government: The journalism school's Community News Service


The Constitutional Right Of Poor People To Appeal Without Payment Of Fees: Convergence Of Due Process And Equal Protection In M.L.B. V. S.L.J, Lloyd C. Anderson May 1999

The Constitutional Right Of Poor People To Appeal Without Payment Of Fees: Convergence Of Due Process And Equal Protection In M.L.B. V. S.L.J, Lloyd C. Anderson

University of Michigan Journal of Law Reform

In this Article, Professor Lloyd Anderson examines the recent decision M.L.B. v. S.L.J., in which the United States Supreme Court held that due process and equal protection converge to require that states cannot require indigent parents who seek to appeal decisions terminating their parental rights to pay court costs they cannot afford. Noting that this decision expands the constitutional right of cost-free appeal from criminal to civil cases for the first time, Professor Anderson discusses the characteristics a civil case should have in order to qualify for such a right. Professor Anderson proposes a number of other civil cases, …


Erisa Preemption Of Medical Malpractice Claims In Managed Care: Asserting A New Statutory Interpretation, Karla S. Bartholomew May 1999

Erisa Preemption Of Medical Malpractice Claims In Managed Care: Asserting A New Statutory Interpretation, Karla S. Bartholomew

Vanderbilt Law Review

If Congress wants the American citizens to have access to adequate health care, then Congress must accept its responsibility to define the scope of ERISA preemption and to enact legislation that will ensure every patient has access to that care.' Congress enacted the Employee Retirement Income Security Act of 1974 ("ERISA) to protect employee interests and ensure a uniform body of law for pension and benefit plans. The statute's expansive preemption clause and preclusion of extra-contractual damages have since been used to immunize Managed Care Organizations ("MCOs") from liability for patients injuries resulting from medical malpractice. Because plaintiffs with preempted …


Erisa Preemption Of Medical Malpractice Claims In Managed Care: Asserting A New Statutory Interpretation, Karla S. Bartholonew May 1999

Erisa Preemption Of Medical Malpractice Claims In Managed Care: Asserting A New Statutory Interpretation, Karla S. Bartholonew

Vanderbilt Law Review

Congress enacted the Employee Retirement Income Security Act of 1974 ("ERISA) to protect employee interests and ensure a uniform body of law for pension and benefit plans. The statute's expansive preemption clause and preclusion of extra-contractual damages have since been used to immunize Managed Care Organizations ("MCOs") from liability for patients injuries resulting from medical malpractice. Because plaintiffs with preempted claims may receive only the remedies provided for under ERISA-the right or benefit due under the plan-many injured patients have been left with no meaningful remedy.

"[N]ot a model of legislative drafting,"" the statute's broad preemption clause provides that state …


Cross-Examining The Myth Of Lawyers' Misery, Kathleen E. Hull May 1999

Cross-Examining The Myth Of Lawyers' Misery, Kathleen E. Hull

Vanderbilt Law Review

This comment will address one important aspect of Professor Schiltz's broader argument, namely his contention that the legal profession is afflicted with widespread job dissatisfaction. More specifically, Schiltz makes the following assertions about lawyers' unhappiness with their professional lives: (1) dissatisfaction is high; (2) dissatisfaction is increasing; and (3) dissatisfaction is highest among lawyers in private practice in large firms.' Using data from a recent survey of Chicago attorneys as well as other studies of lawyers' job satisfaction, including those cited by Schiltz, I will address each of these points in turn.


Provoking Introspection: A Reply To Galanter & Palay, Hull, Kelly, Lesnick, Mclaughlin, Pepper, And Traynor, Patrick J. Schiltz May 1999

Provoking Introspection: A Reply To Galanter & Palay, Hull, Kelly, Lesnick, Mclaughlin, Pepper, And Traynor, Patrick J. Schiltz

Vanderbilt Law Review

I have benefitted enormously from reading the Responses, and I am grateful to all of the commentators for entering into this conversation with me. There is much in each of the seven Responses to which I would like to reply-sometimes to agree, sometimes to disagree, sometimes to elaborate, sometimes just to express puzzlement. Unfortunately, though, my time and space are extremely limited. Given those limitations, I will first reply generally to Marc Galanter and Thomas Palay, Michael Kelly, Howard Lesnick, Stephen Pepper, and Michael Traynor, all of whom seem to be at least somewhat sympathetic to the underlying theme of …


University Of Central Florida Graduate Catalog, 1999 - 2000, University Of Central Florida May 1999

University Of Central Florida Graduate Catalog, 1999 - 2000, University Of Central Florida

UCF Catalogs

No abstract provided.


Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson May 1999

Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson

Scholarly Works

Perhaps the most elusive area of law is that of legal ethics. While the term itself is easy to define,' the subject all but defies codification because ethics, or morals (the terms are interchangeable), cannot be encapsulated by or in law. This is because law, in general, contains its own standard of validity on which there is usually clear societal consensus. For example, murder, rape, and theft are morally repugnant universally. Hence, punishment for any of these offenses does not impinge upon religious or individual autonomy because there is no ethical freedom to choose whether or not to engage in …


Large Law Firm Misery: It's The Tournament, Not The Money, Marc S. Galanter, Thomas M. Palay May 1999

Large Law Firm Misery: It's The Tournament, Not The Money, Marc S. Galanter, Thomas M. Palay

Vanderbilt Law Review

Will young lawyers truly be happier and more fulfiled if they can restrain their appetite for money? Professor Schiltz's wonderful sermon certainly provides a stirring argument in the affirmative. In his eyes, it is greed (or materialism) that has led to the decline of the profession and makes lawyers unhappy. Lawyers' lust for money is at the root of their unhappiness with the profession.' This is broken down into two steps: "[m]oney is at the root of virtually everything that lawyers don't like about their profession: the long hours, the commercialization," etc., etc. And their obsession with money leads lawyers …


Associate Professor Patrick J. Schiltz, Diploma Ceremony Address, Notre Dame Law School May 1999

Associate Professor Patrick J. Schiltz, Diploma Ceremony Address, Notre Dame Law School

Commencement Programs

Commencement Speech by BY ASSOCIATE PROFESSOR PATRICK J. SCHILTZ, RECIPIENT OF THE 1999 LAW SCHOOL DISTINGUISHED TEACHER AWARD.


Legal Aid And Right To Counsel Under Canada's Charter Of Rights And Freedoms, Dorothy Nicole Giobbe May 1999

Legal Aid And Right To Counsel Under Canada's Charter Of Rights And Freedoms, Dorothy Nicole Giobbe

Brooklyn Journal of International Law

No abstract provided.


Laymen Cannot Lawyer, But Is Mediation The Practice Of Law?, Joshua R. Schwartz May 1999

Laymen Cannot Lawyer, But Is Mediation The Practice Of Law?, Joshua R. Schwartz

Cardozo Law Review

No abstract provided.


Swidler & Berlin V. United States: Ye Shall Know The Truth If The Truth Shall Set Ye Free, Isaac Ruiz May 1999

Swidler & Berlin V. United States: Ye Shall Know The Truth If The Truth Shall Set Ye Free, Isaac Ruiz

Notre Dame Law Review

No abstract provided.


Comments On Rooker-Feldman Or Let State Law Be Our Guide, Jack M. Beermann May 1999

Comments On Rooker-Feldman Or Let State Law Be Our Guide, Jack M. Beermann

Notre Dame Law Review

No abstract provided.


April 29, 1999, James Madison University Apr 1999

April 29, 1999, James Madison University

The Breeze, 1990-1999

The Breeze is the student newspaper of James Madison University in Harrisonburg, Virginia.


Washington University Record, April 29, 1999 Apr 1999

Washington University Record, April 29, 1999

Washington University Record

No abstract provided.


Central Florida Future, April 28, 1999 Apr 1999

Central Florida Future, April 28, 1999

Central Florida Future

Honors College to have its own building; 2 UCF students compete for Man of the Year title; Debate rages on over Greek Council funding.


Vol. 16, No. 14 (April 26, 1999) Apr 1999

Vol. 16, No. 14 (April 26, 1999)

Indiana Law Annotated

No abstract provided.


April 24, 1999 (Pages 2135-2252), Pennsylvania Legislative Reference Bureau Apr 1999

April 24, 1999 (Pages 2135-2252), Pennsylvania Legislative Reference Bureau

Volume 29 (1999)

No abstract provided.


Northern Light, August 23, 1999, N/A N/A Apr 1999

Northern Light, August 23, 1999, N/A N/A

The Northern Light

No abstract provided.


Rotunda - Vol 78, No 16 - April 22, 1999, Longwood University Apr 1999

Rotunda - Vol 78, No 16 - April 22, 1999, Longwood University

Rotunda

No abstract provided.


Documents From The April 21, 1999 Meeting Of The Associated Students Of The University Of Montana (Asum), University Of Montana--Missoula. Associated Students Apr 1999

Documents From The April 21, 1999 Meeting Of The Associated Students Of The University Of Montana (Asum), University Of Montana--Missoula. Associated Students

ASUM Senate Documents, 1919-2007

Documents from the April 21, 1999 meeting of the Associated Students of the University of Montana (ASUM), including an agenda and meeting minutes with associated exhibit documents.


Central Florida Future, April 21, 1999 Apr 1999

Central Florida Future, April 21, 1999

Central Florida Future

Undersea explorer speaks on finds; Meetings held for budget; Golden key unlocks doors for students.


Montana Kaimin, April 20, 1999, Associated Students Of The University Of Montana Apr 1999

Montana Kaimin, April 20, 1999, Associated Students Of The University Of Montana

Montana Kaimin, 1898-present

Student newspaper of the University of Montana, Missoula.


Counselor, Vol. 19, No. 28, April 19, 1999, New York Law School Apr 1999

Counselor, Vol. 19, No. 28, April 19, 1999, New York Law School

New York Law School Community Newsletter

No abstract provided.