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2001

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Premier Van Schaack Realty V. Thomas K. Sieg : Brief Of Appellant, Utah Court Of Appeals Jan 2001

Premier Van Schaack Realty V. Thomas K. Sieg : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a Judgment of the Third Judicial District Court, Salt Lake County, Utah, Honorable David S. Young


Free Speech For Lawyers, W. Bradley Wendel Jan 2001

Free Speech For Lawyers, W. Bradley Wendel

UC Law Constitutional Quarterly

The application of First Amendment doctrine to cases involving expressive liberties of lawyers and judges has been remarkably inconsistent. Courts are split on such fundamental issues as whether lawyers' speech should be considered core political expression or some other category of speech with diminished constitutional protection; whether lawyers give up some of their expressive freedoms upon becoming members of the bar; and whether government interests such as maintaining the public's respect for lawyers are sufficient bases for restricting speech. This Article considers how constitutional principles such as the principle of content- and viewpoint-neutrality, the distinction between speech and conduct, the …


Inside The Mind Of The Reasonable Person: Determining When Discovery Of Loss Has Occurred Under A Fidelity Bond In The Third Circuit, Paul A. Briganti Jan 2001

Inside The Mind Of The Reasonable Person: Determining When Discovery Of Loss Has Occurred Under A Fidelity Bond In The Third Circuit, Paul A. Briganti

Villanova Law Review (1956 - )

No abstract provided.


Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes Jan 2001

Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes

Articles

No abstract provided.


The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel Gora Jan 2001

The Storm Arrives: The First Amendment Cases In The Supreme Court's 1999-2000 Term, Joel Gora

Faculty Scholarship

No abstract provided.


Mandatory Fee Arbitration Under New York’S Matrimonial Rules, Lester Brickman Jan 2001

Mandatory Fee Arbitration Under New York’S Matrimonial Rules, Lester Brickman

Cardozo Journal of Conflict Resolution

In recent decades, public dissatisfaction with lawyers has mounted ceaselessly. A significant portion of that dissatisfaction is attributable to concerns about lawyers’ integrity and fees. Indeed, “[n]o single issue between lawyer and client arises more frequently or generates more public resentment than fee problems.” Despite the near ubiquity of fee disputes, client complaints to disciplinary agencies about excessive fees are almost always rejected because most disciplinary boards do not accept jurisdiction over claims of excessive fees.


Judicial Standard Of Review In Erisa Benefit Claim Cases, 50 Am. U. L. Rev. 1083 (2001), Kathryn J. Kennedy Jan 2001

Judicial Standard Of Review In Erisa Benefit Claim Cases, 50 Am. U. L. Rev. 1083 (2001), Kathryn J. Kennedy

UIC Law Open Access Faculty Scholarship

No abstract provided.


The Perilous And Ever-Changing Procedural Rules Of Pursuing An Erisa Claims Case, 70 Umkc L. Rev. 329 (2001), Kathryn J. Kennedy Jan 2001

The Perilous And Ever-Changing Procedural Rules Of Pursuing An Erisa Claims Case, 70 Umkc L. Rev. 329 (2001), Kathryn J. Kennedy

UIC Law Open Access Faculty Scholarship

No abstract provided.


Erisa: The Savings Clause, § 502 Implied Preemption, Complete Preemption, And State Law Remedies, Donald T. Bogan Jan 2001

Erisa: The Savings Clause, § 502 Implied Preemption, Complete Preemption, And State Law Remedies, Donald T. Bogan

Faculty Articles

No abstract provided.


Recent Developments: Temporary Staffing, Inc. V. J.J. Haines & Co.: Employer's Obligation To Pay Workers' Compensation Claims Is Determined By Contract Between Temporary Staffing Agency And Employer, Scott H. Amey Jan 2001

Recent Developments: Temporary Staffing, Inc. V. J.J. Haines & Co.: Employer's Obligation To Pay Workers' Compensation Claims Is Determined By Contract Between Temporary Staffing Agency And Employer, Scott H. Amey

University of Baltimore Law Forum

No abstract provided.


Consent, Not Power, As The Basis Of Jurisdiction, Richard A. Epstein Jan 2001

Consent, Not Power, As The Basis Of Jurisdiction, Richard A. Epstein

Faculty Articles

Properly understood and applied, the idea of consent does not supply a panacea for the law of jurisdiction any more than it does in the law of contracts. All concepts are blurry at the edges, and it seems instructive that the inevitable ambiguities in the law of jurisdiction become most acute just where the traditional notions of consent start to give way-that is, as we move from consensual arrangements to disputes between strangers, especially with international transactions. But difficulties at the margins are not the same as decisive objections to the whole project, unless and until the critic can come …


Dispute Resolution And Dementia: Seeking Solutions, Erica F. Wood Jan 2001

Dispute Resolution And Dementia: Seeking Solutions, Erica F. Wood

Georgia Law Review

With the rise in dementia, 2nd and 3rd party disputes will be more frequent. The elderly population with cognitive impairments is growing rapidly. By 2030, the population aged 65 years and older is expected to reach 70 million, more than double the number in 1998.1 Moreover, the older population itself is getting older. While a decline in mental function is not an inevitable part of the normal aging process, the likelihood of dementia or related brain disorders increases with advancing age. The prevalence of dementia doubles every five years in the elderly, growing from a disorder that affects one percent …


Conference Participants Jan 2001

Conference Participants

Georgia Law Review

No abstract provided.


The Immigration Reform Act And Ins Detention, Syed Fahad Saghir Jan 2001

The Immigration Reform Act And Ins Detention, Syed Fahad Saghir

Brigham Young University Prelaw Review

No abstract provided.


Lawyers As America's Governing Class: The Formation And Dissolution Of The Original Understanding Of The American Lawyer's Role, Russell G. Pearce Jan 2001

Lawyers As America's Governing Class: The Formation And Dissolution Of The Original Understanding Of The American Lawyer's Role, Russell G. Pearce

Faculty Scholarship

No abstract provided.


Killing The Debt Or Killing The Debtor: The Effect Of The Bankruptcy Reform Act Of 2001 On Consumers, Kendall Woods Jan 2001

Killing The Debt Or Killing The Debtor: The Effect Of The Bankruptcy Reform Act Of 2001 On Consumers, Kendall Woods

Loyola Consumer Law Review

No abstract provided.


Dewitt Distributiors, Inc V. Bond Furniture, Inc : Brief Of Respondent, Utah Supreme Court Jan 2001

Dewitt Distributiors, Inc V. Bond Furniture, Inc : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the judgment of the Third Judicial District Court in and for Salt Lake County, State of Utah. The Honorable Maurice Harding, Judge.


Lawyer Crimes: Beyond The Law, Charles W. Wolfram Jan 2001

Lawyer Crimes: Beyond The Law, Charles W. Wolfram

Valparaiso University Law Review

No abstract provided.


Purchasing While Black: How Courts Condone Discrimination In The Marketplace, Matt Graves Jan 2001

Purchasing While Black: How Courts Condone Discrimination In The Marketplace, Matt Graves

Michigan Journal of Race and Law

Given the sweeping language of § 1981 and 1982, it cannot be that sellers of goods can engage in intentional discrimination, so long as they make relatively minor attempts to cover it up. By exploring the interaction between substantive law, procedural law, legal culture, and real-world context, Graves seeks to demonstrate that judges cannot offer any legal or practical justification for heightened pleading requirements in § 1981 and 1982 actions. Through this argument, a conclusion is reached that § 1981 and 1982 plaintiffs must be given the same opportunity to litigate their claims that virtually all other plaintiffs are given. …


Crisis Management Planning For Small Air Carriers, Aircraft Parts Manufacturers, Installers Or Maintainers, And Other Aviation Industry Participants, David T. Norton Jan 2001

Crisis Management Planning For Small Air Carriers, Aircraft Parts Manufacturers, Installers Or Maintainers, And Other Aviation Industry Participants, David T. Norton

Journal of Air Law and Commerce

No abstract provided.


January 2001, Buffalo Belles Jan 2001

January 2001, Buffalo Belles

Buffalo Belles Newsletters

No abstract provided.


Continuum: Volume 25, Number 1 (Winter 2001), Osgoode Hall Law School Of York University Jan 2001

Continuum: Volume 25, Number 1 (Winter 2001), Osgoode Hall Law School Of York University

Continuum: Osgoode Hall Law School Alumni Magazine

No abstract provided.


The California Gold Rush And The Model Rules: Do The Prospectors Have Sufficient Guidance?, 1 J. Marshall Rev. Intell. Prop. L. 109 (2001), Tony Goodman Jan 2001

The California Gold Rush And The Model Rules: Do The Prospectors Have Sufficient Guidance?, 1 J. Marshall Rev. Intell. Prop. L. 109 (2001), Tony Goodman

UIC Review of Intellectual Property Law

The economic climate that existed in Silicon Valley in the mid to late 1990’s made prevalent the practice of receiving equity in a client in lieu of a legal fee, i.e. prospecting. This practice potentially impacts three of the Model Rules of Professional Conduct: 1.8(a), 1.7(b), and 1.5. None of these Rules gives the lawyer clear guidance in this situation. Because this arrangement has become an accepted alternative billing practice, this Comment proposes two amendments to the Model Rules to more clearly address the issues that arise when a lawyer accepts shares of stock in lieu of a legal fee.


Proceedings Of The 2000 Wyoming State Bar Annual Meeting, Larry L. Lehman, Jerry Parkinson, Paul J. Drew Jan 2001

Proceedings Of The 2000 Wyoming State Bar Annual Meeting, Larry L. Lehman, Jerry Parkinson, Paul J. Drew

Wyoming Law Review

No abstract provided.


Steven Fisher V. Nanette Fisher, State Of Utah, Office Of Recovery Services, M. Dirk Eastmond : Brief Of Appellee, Utah Court Of Appeals Jan 2001

Steven Fisher V. Nanette Fisher, State Of Utah, Office Of Recovery Services, M. Dirk Eastmond : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Response to Appellant's Brief and Cross-appeal to Order entered August 24, 2001, by the Honorable Timothy R. Hanson, Judge in the Third Judicial District Court, that Appellee's attorney's lien does not attach to future ongoing child support owed by Petitioner to Respondent but is otherwise a valid and enforceable statutory lien under Utah Code Ann. § 78-51-41, and shall attach to all property awarded the Respondent in the divorce proceeding, including past child support that has been reduced to judicial judgment or judgment by operation of law pursuant to Utah Code Ann. § 78-45-9.3, but that ruled that Appellee's attorney's …


Premier Van Schaack Realty, Inc. V. Thomas K. Sieg : Reply Brief, Utah Court Of Appeals Jan 2001

Premier Van Schaack Realty, Inc. V. Thomas K. Sieg : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Reply Brief of the Appellant


Growing The Economy Of Clay Country Through Industry Targeting: A Preliminary Analysis, David W. Hughes, Steven N. Zaricki Jan 2001

Growing The Economy Of Clay Country Through Industry Targeting: A Preliminary Analysis, David W. Hughes, Steven N. Zaricki

Regional Research Institute Working Papers

No abstract provided.


Many Rivers To Cross: Evolving And Emerging Legal Issues In The Third Decade Of The Hiv/Aids Epidemic, Caroline Palmer, Lynn Mickelson Jan 2001

Many Rivers To Cross: Evolving And Emerging Legal Issues In The Third Decade Of The Hiv/Aids Epidemic, Caroline Palmer, Lynn Mickelson

William Mitchell Law Review

No abstract provided.


Meeting The Need: Minnesota's Collaborative Model To Deliver Law Student Public Service, Susan J. Curry Jan 2001

Meeting The Need: Minnesota's Collaborative Model To Deliver Law Student Public Service, Susan J. Curry

William Mitchell Law Review

No abstract provided.


Housing Matters: Why Our Communities Must Have Affordable Housing, Justin D. Cummins Jan 2001

Housing Matters: Why Our Communities Must Have Affordable Housing, Justin D. Cummins

William Mitchell Law Review

No abstract provided.