Digital Commons Network^™

Public Provision Of Legal Services In The United Kingdom: A New Dawn?, Anne Owers

Fordham International Law Journal

There are likely to be two effects on the provision and demand for legal aid. First, under Article 6 of the ECHR, there may be a requirement for free legal advice and representation for those whose civil rights are at issue in complex cases and who could not otherwise afford it. This may particularly affect representation before tribunals, which deal with matters for which no legal aid is currently available such as employment, welfare benefits, and immigration. Legal aid has already been promised for immigration and asylum tribunals. Second, there is likely to be a large amount of litigation in …

Reception, Justice Juanita Bing Newton

Fordham International Law Journal

Justice Juanita Bing Newton, Deputy Chief Administrative Judge for Justice Initiatives for the State of New York, welcomes participants to a reception. She described her position and her role in spearheading access to justice initiatives in New York.

Issues Of Concern To Developing And Transitional Countries, Frank Upham, Martin Bohmer, Felix Morka, Linas Sesickas, Futoshi Toyama

Fordham International Law Journal

Led by moderator Frank Upham, the panelists discussed legal aid in the context of societies transitioning from one form of social order to another, and the institution-building that is required.

The Prince, The Shaykh--And The Lawyer, Abdulaziz H. Al Fahad

Case Western Reserve Journal of International Law

commentary

Current Issues In The Psychiatrist-Patient Relationship: Outpatient Civil Commitment, Psychiatric Abandonment And The Duty To Continue Treatment Of Potentially Dangerous Patients--Balancing Duties To Patients And The Public, Vanessa Merton, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

The Corporate Attorney-Client Privilege: Loss Of Predictability Does Not Justify Crying Wolfinbarger, Paul Rice

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Weapons To Fight Insider Trading In The 21st Century: A Call For The Repeal Of Section 16(B), Michael H. Dessent

Faculty Scholarship

No abstract provided.

Corporations Practicing Law Through Lawyers: Why The Unauthorized Practice Of Law Doctrine Should Not Apply, Grace M. Giesel

Missouri Law Review

Historically, a doctrine has existed within the area of unauthorized practice of law regulation which holds that a corporation or other entity cannot be licensed to practice law and thus cannot legally practice law. Even if the entity hires as an employee an attorney duly licensed to render the service, the doctrine forbids the attomey from representing any party other than the employer because if the attorney were to represent a third party, the entity, a nonlawyer, would be representing the third party, and this would violate the rule that corporations may not practice law.2 The primary motivating rationale of …

Sacrificial Attorney: Assignment Of Legal Malpractice Claims, The, John M. Limbaugh

Missouri Law Review

The Missouri Court of Appeals for the Western District of Missouri ruled, in a case of first impression, that causes of action for legal malpractice are nonassignable. The court found that permitting assignments would be contrary to public policy because assignments would create a marketplace for legal malpractice claims, jeopardize the attorney's duties of loyalty and confidentiality to the client, and restrict access to competent legal services. This Note agrees with the court's result but will explore and challenge the public policy arguments against assignment of legal malpractice claims.

Multidisciplinary Practice And The American Legal Profession: A Market Approach To Regulating The Delivery Of Legal Services In The Twenty-First Century, John S. Dzienkowski, Robert J. Peroni

Fordham Law Review

No abstract provided.

Enforcing Courtesy: Default Judgments And The Civility Movement, Adam Owen Glist

Fordham Law Review

"We have much less of a sense of shared values than we used to have. There was a common understanding of how you acted. You zealously represented your client, but you had respect for the other side and treated them with dignity. Afterward, you'd all go out for a drink." Can we ever again achieve this level of professionalism? I hope so.

Professional Responsibility: Lawyers, A Case Study, Elizabeth Chambliss

Fordham Law Review

No abstract provided.

Everests Of The Mundane: Conflict Of Interest In Real-World Legal Practice, Susan P. Shapiro

Fordham Law Review

No abstract provided.

Uncoupling The Law Of Takings, Michael A. Heller, James E. Krier

Law Quadrangle (formerly Law Quad Notes)

The following article is based on "Deterrence and Distribution in the Law of Takings," 112 Harvard Law Review 997-1025 (March 1999), © 1999 by the Harvard Law Review Association, and appears here by permission. A complete version, with citations, is available from the authors or the editor of Law Quadrangle Notes.

The law of takings couples together matters that should be treated independently. Whatever the boundaries of the the Takings Clause, we think there is much to be gained by analyzing takings in terms of the clause's underlying purposes, and by understanding that efficiency and justice are best served by …

University Of Idaho College Of Law Clinical Program, Maureen Laflin

Articles

No abstract provided.

Strategic Directions In Legal Education For Idaho: The Report Of A Special Panel Appointed By The President Of The University Of Idaho, Donald L. Burnett Jr.

Articles

No abstract provided.

Idaho Court Assistance Office Project (Caop) Update, Patrick D. Costello

Articles

No abstract provided.

By Command Of Her Majesty: An Introduction To The Command Papers Of The United Kingdom, Stephen E. Young

Scholarly Articles

Mr Young explores the history, format, and arrangement of the Command Papers. He provides a brief description of their availability in hard copy and electronic formats, and also describes the availability and use of various indexing tools for this series of parliamentary papers.

Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes

Articles

No abstract provided.

"Johnny's In The Basement/Mixing Up His Medicine": Therapeutic Jurisprudence And Clinical Teaching, Keri K. Gould, Michael L. Perlin

Seattle University Law Review

Therapeutic jurisprudence (TJ) provides a new and exciting approach to clinical teaching. By incorporating TJ principles in both the classroom and out-of-classroom components of clinic courses, law professors can give students new and important insights into some of the most difficult problems regularly raised in clinical classes and practice settings. This Article will proceed in three sections. The first section briefly provides some background about TJ and how it has been employed to investigate other areas of the law. Then, the Article discusses some of the important new theoretical developments in clinical legal education, mostly from the "critical lawyering" perspective. …

Therapeutic Jurisprudence And The Appellate Courts: Possibilities, Linda M. Mcgee

Seattle University Law Review

Therapeutic jurisprudence has multiple possibilities, provided it does not add another layer of cost, delay, and time to the process. First, we should see "a reduced number of cases for the appellate court to decide, fewer remands and secondary appeals, the streamlining of appeals through partial resolution of issues, the satisfaction of parties' underlying needs and interests, and the reduction of the time a case spends on appeal." Second, the outcome does not have to become part of the case law that applies to similar cases, possibly establishing negative precedent. Third, mediation allows personal healing and the development of positive, …

The Three Types Of Collusion: Fixing Prices, Rivals, And Rules, Robert H. Lande, Howard P. Marvel

All Faculty Scholarship

Collusion can profitably be classified into three distinct types. In our classification, "Type I" collusion is the familiar direct agreement among colluding firms (a cartel) to raise prices or, equivalently, restrict output. Alternatively, firms can collude to disadvantage rivals in ways that causes those rivals to cut output. We term this "Type II" collusion. Its indirect effect is an increase in market prices.

A number of important collusion cases neither direct manipulation of prices or output, nor direct attacks on rivals. Examples include Supreme Court cases such as National Society of Professional Engineers v. US, Bates v. State Bar of …

Welcoming Remarks--April 6, 2000, Michael A. Cooper

Fordham International Law Journal

The speaker welcomes the attendees, who come from fourteen different countries, and outlines five common characteristics that unite those present. First, there is a significant number of people in our societies who live below the poverty line and who routinely have their legal needs overlooked. Second, the attendees recognize that basic human needs are protected by legal rights, and legal assistance and access to justice are necessary to vindicate those rights. Third, the resources currently available to help the poor address their legal needs are woefully inadequate in almost all of the countries represented. Fourth, those meeting today share a …

The Education Of The Prof: A Work In Progress, Michael A. Mogill

Faculty Scholarly Works

This article explores a return to litigation in legal services while on sabbatical and explores the cases handled during this time. The article continues on to discuss the rules of litigation preparation and the case theme. The article concludes with a discussion on how lawyers must educate the judiciary on new rules.

The Sounds Of Silence: The Libertarian Ethos Of Erisa Preemption, Stephen F. Befort, Christopher J. Kopka

Articles

In the Winter of 1996, the Harvard Journal on Legislation published an article entitled in part, The Last Article About the Language of ERISA Preemption?' Absent the question mark, one might have thought it a bold (and hopefully accurate) statement. Yet, as the question mark suggests, no scholar has been able to provide the definitive answer regarding the scope of ERISA preemption.

Not "If" But "How": Reflecting On The Aba Commission's Recommendations On Multidisciplinary Practice, John H. Matheson, Edward S. Adams

Articles

Multidisciplinary practice (MDP) has been aptly described as the, "most important issue facing the legal profession today." The American Bar Association's Commission on Multidisciplinary Practice (Commission) surprised most observers on June 8, 1999 by recommending that the American Bar Association (ABA) amend the Model Rules of Professional Conduct (Model Rules) to allow lawyers to combine with, and share fees with, other professionals within a single professional entity. Under the proposal, lawyers could create partnerships with accountants, developers, engineers, bankers, and all other professionals, thereby giving clients access to one-stop shopping at multidisciplinary firms.

The Public Land Transport Sector In Lebanon, M. Hadi Baaj

Journal of Public Transportation

Lebanon is one of the few countries in the world that allows public transport vehicles to move freely in the country without any regulation or planning. As a result, the present status of the public land transport sector in Lebanon has reached a critical state that must be reformed and organized. This article identifies the problems facing the public land transport sector. It examines the plan that has been recently endorsed by the Council of Ministers to mitigate the current situation. The plan identifies a new role for the government: It would cease being just a losing service provider and …

Vernon W. Evans, Jr.: Tenderhearted Sage Of Saugus (1919-2001), Morison Buck

Morison Buck Biographies of Hillsborough County Judges

A biography of Judge Vernon Evans who served as Assistant U.S. Attorney for the Middle District of Florida, and the Hillsborough County Circuit Court.

T.M. Shackleford, Jr: A Lifetime Of Quiet Achievement (1884-1973), Morison Buck

Morison Buck Biographies of Hillsborough County Judges

A biography of Judge Thomas Shackleford, Jr., who served as a Referee in Bankruptcy and an attorney for Hillsborough County,

0479 Health Care Task Force, Colorado Legislative Council

All Publications (Colorado Legislative Council)

No abstract provided.