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1999

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Articles 781 - 810 of 830

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The West Digest System: The Ninth Circuit And The Montana Supreme Court, Fritz Snyder Jan 1999

The West Digest System: The Ninth Circuit And The Montana Supreme Court, Fritz Snyder

Faculty Law Review Articles

This article analyzes the West Digest System. The article first describes the West Digest System. Next, the article compares Montana jurisprudence with that of the Ninth Circuit in light of numerical analysis of the West Digest System. Then the article discusses certain digest topics as reflections of American law. Finally, the article examines the curious symbiotic relationship between the West Digest System and the growth of American jurisprudence.


Pro Bono Service At The William S. Boyd School Of Law, Mary E. Berkheiser, Christine Smith Jan 1999

Pro Bono Service At The William S. Boyd School Of Law, Mary E. Berkheiser, Christine Smith

Scholarly Works

The mission of the William S. Boyd School of Law is to serve Nevada, and the legal and academic communities by developing and maintaining an innovative educational program that will train ethical and effective lawyers and leaders for Nevada and for the legal profession. To put the school’s mission in motion, we have begun by stressing community service, professionalism and the roles, responsibilities, skills and values of lawyers, and by involving students and faculty in community service projects in ways that will benefit our state.


Representing Defendants On Charges Of Economic Crime: Unethical When Done For A Fee, David Orentlicher Jan 1999

Representing Defendants On Charges Of Economic Crime: Unethical When Done For A Fee, David Orentlicher

Scholarly Works

No abstract provided.


Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated, Paul Rice Jan 1999

Attorney-Client Privilege: Continuing Confusion About Attorney Communications, Drafts, Pre-Existing Documents, And The Source Of The Facts Communicated, Paul Rice

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Lawyers' Duty To Do Justice: A New Look At The History Of The 1908 Canons, Susan Carle Jan 1999

Lawyers' Duty To Do Justice: A New Look At The History Of The 1908 Canons, Susan Carle

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Effects Of An Internet Skill-Building Module On Safety And Environmental Graduate Students' Internet Anxiety, Likelihood To Use The Internet, And Learning Internet/Intranet Content., David A. Ealy Jan 1999

The Effects Of An Internet Skill-Building Module On Safety And Environmental Graduate Students' Internet Anxiety, Likelihood To Use The Internet, And Learning Internet/Intranet Content., David A. Ealy

Graduate Theses, Dissertations, and Problem Reports (ETD)

The use of technology in training has grown a great deal over the past five years, and the tools have improved which has produced several changes in the way training is being designed and delivered. These delivery methods include the Internet, and electronic performance support systems. Today's trainers must possess a different set of skills needed to perform in an increasingly technological environment. At the present time, little research is available on the effects of Internet anxiety, and most of the related research revolves around computer anxiety. The study was designed to examine the effects of an Internet Skill-Building Module …


Making Something Out Of Nothing: The Law Of Takings And Phillips V. Washington Legal Foundation, Michael A. Heller, James E. Krier Jan 1999

Making Something Out Of Nothing: The Law Of Takings And Phillips V. Washington Legal Foundation, Michael A. Heller, James E. Krier

Faculty Scholarship

Phillips v. Washington Legal Foundation held that interest on principal amounts deposited into IOLTA accounts is the property of the various clients who handed over the money but expressed no view as to whether the Texas IOLTA program worked a taking, or, if it did, whether any compensation was due. The debates among the justices about the meaning of private property, argued in terms of contextual and conceptual severance, are unlikely to prove fruitful. We elaborate a better approach in terms of the underlying purposes of just compensation. We conclude that efficiency and justice are best served by uncoupling matters …


Experience As Text: The History Of Externship Pedagogy At The Washington College Of Law, American University, Ann Shalleck, Peter Jaszi, Marlana Valdez, Susan D. Carle Jan 1999

Experience As Text: The History Of Externship Pedagogy At The Washington College Of Law, American University, Ann Shalleck, Peter Jaszi, Marlana Valdez, Susan D. Carle

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Religion And The Public Defender, Sadiq Reza Jan 1999

Religion And The Public Defender, Sadiq Reza

Articles & Chapters

It takes a special breed to have the understanding, compassion

and dedication to do what criminal defense lawyers do .... As

for public defenders - they are doing God's work. If Christ had

been a lawyer, he would have been a public defender.

Virtually all public defenders fight a daily battle against burnout

and the creeping erosion of confidence that inevitably accompany

defending acts we cannot condone and protecting those who are

the source of so much harm and grief. . . . Whether the process

unfolds subtly or suddenly, all defenders must confront the disturbing

consequences of their zealous …


Keeping The Constitution Inside The Schoolhouse Gate - Students' Rights Thirty Years After Tinker V. Des Moines Independent Community School District Constitutional Law Symposium, Nadine Strossen Jan 1999

Keeping The Constitution Inside The Schoolhouse Gate - Students' Rights Thirty Years After Tinker V. Des Moines Independent Community School District Constitutional Law Symposium, Nadine Strossen

Articles & Chapters

No abstract provided.


Private Amici Curiae And The Supreme Court's 1997-1998 Term Employment Law Jurisprudence, Andrew P. Morriss Jan 1999

Private Amici Curiae And The Supreme Court's 1997-1998 Term Employment Law Jurisprudence, Andrew P. Morriss

Faculty Scholarship

The amicus curiae brief has become a common occurrence in today's legal arena, especially with the proliferation of private interest groups that specialize in numerous topics of political and social interest. The substantial increase in the use of amici briefs, however, has sparked criticism concerning both the costs (in effort and resources) associated with filing these griefs and the persuasive effect (or lack thereof) the briefs have on the Court. Much of this criticism arises from the failure of many interest groups to posit "legal" arguments that apply the facts of a given case to the law. Instead, the amici …


Is The Medium The Message? A Discussion Of Susskind's The Future Of Law, Edwin H. Greenebaum Jan 1999

Is The Medium The Message? A Discussion Of Susskind's The Future Of Law, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.


Independence Standards Board - Minutes, Meeting Of November 19, 1999: Public Session, Independence Standards Board Jan 1999

Independence Standards Board - Minutes, Meeting Of November 19, 1999: Public Session, Independence Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.


Discussion Memorandum: Legal Services, December 1999; Dm 99-4, Independence Standards Board Jan 1999

Discussion Memorandum: Legal Services, December 1999; Dm 99-4, Independence Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.


Exposure Draft: Certain Independence Implications Of Audits Of Mutual Funds And Related Entities, September 1999; Ed 99-1, Independence Standards Board Jan 1999

Exposure Draft: Certain Independence Implications Of Audits Of Mutual Funds And Related Entities, September 1999; Ed 99-1, Independence Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.


2001: A Global Odyssey Prompted By The Merritt-Cihon Upper Level Curriculum Report Of The Aals, Kenneth M. Casebeer Jan 1999

2001: A Global Odyssey Prompted By The Merritt-Cihon Upper Level Curriculum Report Of The Aals, Kenneth M. Casebeer

University of Miami Inter-American Law Review

No abstract provided.


Mommy's Gone, Daddy's In Prison, Now What About Me - Family Reunification For Children Of Single Custodial Fathers In Prison - Will The Sins Of The Incarcerated Fathers Be Inherited By Their Children, William Wesley Patton Jan 1999

Mommy's Gone, Daddy's In Prison, Now What About Me - Family Reunification For Children Of Single Custodial Fathers In Prison - Will The Sins Of The Incarcerated Fathers Be Inherited By Their Children, William Wesley Patton

North Dakota Law Review

No abstract provided.


Native Americans And Civic Identity In Alta California, Susan Scafidi Jan 1999

Native Americans And Civic Identity In Alta California, Susan Scafidi

North Dakota Law Review

No abstract provided.


Iola And Daubert, Leon D. Lazer Jan 1999

Iola And Daubert, Leon D. Lazer

Touro Law Review

No abstract provided.


Conflicting Claims To First Amendment Rights, Burt Neuborne Jan 1999

Conflicting Claims To First Amendment Rights, Burt Neuborne

Touro Law Review

No abstract provided.


Justice For The Forgotten And Despised, David C. Leven Jan 1999

Justice For The Forgotten And Despised, David C. Leven

Touro Law Review

No abstract provided.


Deterrence And Distribution In The Law Of Takings, Michael A. Heller, James E. Krier Jan 1999

Deterrence And Distribution In The Law Of Takings, Michael A. Heller, James E. Krier

Faculty Scholarship

Supreme Court decisions over the last three-quarters of a century have turned the words of the Takings Clause into a secret code that only a momentary majority of the Court is able to understand. The Justices faithfully moor their opinions to the particular terms of the Fifth Amendment, but only by stretching the text beyond recognition. A better approach is to consider the purposes of the Takings Clause, efficiency and justice, and go anew from there. Such a method reveals that in some cases there are good reasons to require payment by the government when it regulates property, but not …


Disciplinary Restrictions On Multidisciplinary Practice: Their Derivation, Their Development, And Some Implications For The Core Values Debate The Future Of The Profession: A Symposium On Multidisciplinary Practice, Bruce A. Green Jan 1999

Disciplinary Restrictions On Multidisciplinary Practice: Their Derivation, Their Development, And Some Implications For The Core Values Debate The Future Of The Profession: A Symposium On Multidisciplinary Practice, Bruce A. Green

Faculty Scholarship

Many of the legal profession's disciplinary rules are of venerable lineage. For example, the provisions of contemporary disciplinary codes concerning conflicts of interest derive from the 1908 Canons of Professional Ethics (Canons), which, in turn, can be traced back to late nineteenth century state ethics codes, to mid-nineteenth-century lectures and writings, 3 and to earlier common-law agency principles. Although lawyers to- day disagree about what the precise contours of the conflict rules should be, these rules embody basic principles of loyalty, competence and confidentiality that are fundamental, traditional, and universally supported by lawyers. These are defining principles for the practice …


Do The Haves Come Out Ahead In Alternative Justice Systems? Repeat Players In Adr, Carrie Menkel-Meadow Jan 1999

Do The Haves Come Out Ahead In Alternative Justice Systems? Repeat Players In Adr, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

Marc Galanter's essay, Why the "Haves" Come out Ahead: Speculations on the Limits of Legal Change (Why the "Haves" Come out Ahead), published twenty-five years ago, set an important agenda for those who care about the distributive effects of legal processes, including those of us who have been engaged in jurisprudential, intellectual, and empirical debates about the relative advantages and disadvantages of alternative and conventional legal procedures. As a document of legal intellectual history, this Article was formed in the crucible of the Legal Mobilization and Modernization program at Yale Law School that spawned so many "law and . …


Faculty Pro Bono And The Question Of Identity, David Luban Jan 1999

Faculty Pro Bono And The Question Of Identity, David Luban

Georgetown Law Faculty Publications and Other Works

My aim in this essay is to explain and defend a simple proposition, which I'll call the pro bono thesis: law teachers and law schools have the same pro bono responsibilities as lawyers and law firms. By "pro bono" I mean something more particular than community service or civic involvement. I mean free or reduced-rate legal work for those who cannot afford to pay for it. The pro bono thesis is that law teachers and law schools have pro bono responsibilities in this sense.


Asking The Right Questions, David Luban Jan 1999

Asking The Right Questions, David Luban

Georgetown Law Faculty Publications and Other Works

At this Symposium, we have heard about forms of law practice that raise large questions about the lawyer's role. My sole theme in the present essay is that we often ask the wrong large questions. Too often, the questions about multidisciplinary practice ("MDP"), mediation and arbitration, and in-house lawyering are whether they are good for lawyers and good for clients. These are questions, I will suggest, that the market itself will decide. The right question is not whether new roles with no rules are good for lawyers and clients, but rather whether they are good for the rest of us-"us" …


Ethics And Professionalism In Non-Adversarial Lawyering, Carrie Menkel-Meadow Jan 1999

Ethics And Professionalism In Non-Adversarial Lawyering, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

Traditional notions and rules of professionalism in the legal profession have been premised on particular conceptions of the lawyer's role, usually as an advocate, occasionally as a counselor, advisor, transaction planner, government official, decision maker and in the recent parlance of one of this symposium's participants-a "statesman [sic]. '" As we examine what professionalism means and what rules should be used to regulate its activity, it is important to ask some foundational questions: For what ends should our profession be used? What does law offer society? How should lawyers exercise their particular skills and competencies?


(Er)Race-Ing An Ethic Of Justice, Anthony V. Alfieri Jan 1999

(Er)Race-Ing An Ethic Of Justice, Anthony V. Alfieri

Articles

No abstract provided.


Elder Law-Related Organizations On The Internet, Robin Schard Jan 1999

Elder Law-Related Organizations On The Internet, Robin Schard

Articles

No abstract provided.


Discrimination Cases In The Supreme Court's 1997 Term, Eileen Kaufman Jan 1999

Discrimination Cases In The Supreme Court's 1997 Term, Eileen Kaufman

Touro Law Review

No abstract provided.