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2002

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Articles 631 - 660 of 842

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Little Engines That Could: Community Clients, Their Lawyers, And Training In The Arts Of Democracy, Susan Bennett Jan 2002

Little Engines That Could: Community Clients, Their Lawyers, And Training In The Arts Of Democracy, Susan Bennett

Presentations

We assume a lot about the virtues of governance "from the bottom up." We trust in it as an antidote: to oppression from the other direction; to the kind of "top-down" planning that we blame for the tragedies of urban renewal; and to the hubris of any "helping professionals" who think they have good ideas about the way in which communities ought to be helped.' In short, we place a great deal of faith in the authenticity of the neighborhood-based organization as an engine of democracy. Less emphatically, we also (sometimes) assume that programs run by neighborhood-based organizations carry with …

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Deceptive Trade Practices - Consumer Protection Act, A. Michael Ferrill, Kelly L. Majors, Leslie Sara Hyman Jan 2002

Deceptive Trade Practices - Consumer Protection Act, A. Michael Ferrill, Kelly L. Majors, Leslie Sara Hyman

SMU Law Review

No abstract provided.

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Home Equity Loans In Texas: Maintaining The Texas Tradition Of Homestead Protection, Julia Patterson Forrester Rogers Jan 2002

Home Equity Loans In Texas: Maintaining The Texas Tradition Of Homestead Protection, Julia Patterson Forrester Rogers

SMU Law Review

This Article examines home equity financing in Texas, focusing on how continued protection of the homestead shelters Texas homeowners from problems experienced by some homeowners in other states. In Part I of the Article, I briefly explore the history of homestead protection and home equity loans in Texas, a subject on which Joe McKnight literally wrote the book. In Part II, I discuss the growth of home equity loans in other states, the reasons for their popularity, and the problems that have arisen for homeowners who have been victimized by predatory lenders. Part III examines the constitutional amendment that ultimately …

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The Slippery Slope From Ambition To Greed To Dishonesty: Lawyers, Money, And Professional Integrity, Lisa G. Lerman Jan 2002

The Slippery Slope From Ambition To Greed To Dishonesty: Lawyers, Money, And Professional Integrity, Lisa G. Lerman

Hofstra Law Review

No abstract provided.

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Expanding State Jurisdiction To Regulate Out-Of-State Lawyers, Charles W. Wolfram Jan 2002

Expanding State Jurisdiction To Regulate Out-Of-State Lawyers, Charles W. Wolfram

Hofstra Law Review

No abstract provided.

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Speak No Evil: Settlement Agreements Conditioned On Noncooperation Are Illegal And Unethical, Stephen Gillers Jan 2002

Speak No Evil: Settlement Agreements Conditioned On Noncooperation Are Illegal And Unethical, Stephen Gillers

Hofstra Law Review

No abstract provided.

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Barely At The Margins: Race And Ethnicity In Legal Education -- A Curricular Study With Latcritical Commentary, Francisco Valdes Jan 2002

Barely At The Margins: Race And Ethnicity In Legal Education -- A Curricular Study With Latcritical Commentary, Francisco Valdes

Articles

No abstract provided.

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A Social History Of Everyday Practice: Sadie T.M. Alexander And The Incorporation Of Black Women Into The American Legal Profession, 1925-1960, Kenneth Walter Mack Jan 2002

A Social History Of Everyday Practice: Sadie T.M. Alexander And The Incorporation Of Black Women Into The American Legal Profession, 1925-1960, Kenneth Walter Mack

Cornell Law Review

No abstract provided.

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Explaining A Circuit Split: Contingency Fees May Constitute Clients' Gross Income Depending On Whether The State Law Permits The Assignment Of A Cause Of Action To Create A Property Ownership Interest, Stanislava B. Kimball Jan 2002

Explaining A Circuit Split: Contingency Fees May Constitute Clients' Gross Income Depending On Whether The State Law Permits The Assignment Of A Cause Of Action To Create A Property Ownership Interest, Stanislava B. Kimball

Catholic University Law Review

No abstract provided.

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Federal Genetic Nondiscrimination Legislation: The New "Right" And The Race To Protect Dna At The Local, State, And Federal Level, Katherine A. Hathaway Jan 2002

Federal Genetic Nondiscrimination Legislation: The New "Right" And The Race To Protect Dna At The Local, State, And Federal Level, Katherine A. Hathaway

Catholic University Law Review

No abstract provided.

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Hoover Revisited - Appellate Review Of Faa Emergency Certificate Actions, Hilary B. Miller Jan 2002

Hoover Revisited - Appellate Review Of Faa Emergency Certificate Actions, Hilary B. Miller

Journal of Air Law and Commerce

No abstract provided.

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Dedication To The Small Town Attorney, Jarvis Brown, Robert B. Frieberg, Jack R. Von Wald, Michael W. Day, Sean M. O'Brien Jan 2002

Dedication To The Small Town Attorney, Jarvis Brown, Robert B. Frieberg, Jack R. Von Wald, Michael W. Day, Sean M. O'Brien

South Dakota Law Review

No abstract provided.

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Compelled Expression And The Public Forum Doctrine, Howard M. Wasserman Jan 2002

Compelled Expression And The Public Forum Doctrine, Howard M. Wasserman

Faculty Publications

This Article analyzes the theory underlying the Fist Amendment protection against being compelled by government to utter, present, or fund unwanted expression. The author creates a three-part model for determining when the fire speech rights of an objecting payer have been triggered. Under that model, First Amendment rights are implicated when there has been an actual government compulsion requiring an individual to give money to, or for the express benefit of, a specific private speaker for some use that, in itself, should be understood as expressive. This model strikes a necessary balance between the important theoretical underpinnings of the protection …

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Comprehensive Annual Financial Report, 2001, City Of Clayton Jan 2002

Comprehensive Annual Financial Report, 2001, City Of Clayton

UMSLCAB - UMSL’s Political Science Millennial Era Saint Louis Local Curated Area Budgets

This resource is one among many in the UMSLCAB open dataset at IRL.UMSL.edu/CAB

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Federal Courts, Magistrate Judges, And The Pro Se Plaintiff, Lois Bloom, Helen Hershkoff Jan 2002

Federal Courts, Magistrate Judges, And The Pro Se Plaintiff, Lois Bloom, Helen Hershkoff

Faculty Articles

The literature on access to justice generally uses the term "legal assistance" to mean the provision of counsel, whether subsidized by the government or compensated by contingency fee or other arrangement, to a party who cannot afford representation. Access to justice, however, should also entail other forms of legal assistance, including a court structure that responds fairly and efficiently to claimants who lack the legal equipage needed to present their cases in an effective way. In this Article, we describe various institutional adaptations made by one federal district court in response to the increasing number of claims filed by pro …

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A Correct Analysis Of The Tax Treatment Of Contingent Attorney's Fee Arrangements: Enough With The Fruits And The Trees, Gregg Polsky Jan 2002

A Correct Analysis Of The Tax Treatment Of Contingent Attorney's Fee Arrangements: Enough With The Fruits And The Trees, Gregg Polsky

Faculty Articles

The tax treatment of contingent attorney's fee arrangements has been the subject of much recent debate and litigation. Some courts and commentators conclude that a plaintiff must include the entire settlement amount, including attorney's fees, in her gross income, while other courts and commentators conclude that a plaintiff must include only her recovery net of attorney's fees. Because of the alternative minimum tax, the resolution of this issue may have a significant effect on the plaintiff's tax liability. In analyzing the issue, courts and commentators have focused on the assignment of income doctrine by inquiring whether, upon execution of a …

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Speak No Evil: Settlement Agreements Conditioned On Noncooperation Are Illegal And Unethical, Stephen Gillers Jan 2002

Speak No Evil: Settlement Agreements Conditioned On Noncooperation Are Illegal And Unethical, Stephen Gillers

Faculty Articles

Concludes that contractually binding noncooperation agreements, when made for the purpose of denying others information that could support civil or criminal liability, obstruct justice under federal law. Commonness of asking for and making noncooperation promises; Professional obligation of lawyers to assess the risk of illegality when recommending actions to their clients.

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Faculty Profiles And Publications 2002, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Jan 2002

Faculty Profiles And Publications 2002, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Faculty

No abstract provided.

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An Empirical Study Of Associate Satisfaction, Law Firm Culture, And The Effects Of Billable Hour Requirements - Part Two, Susan Saab Fortney Jan 2002

An Empirical Study Of Associate Satisfaction, Law Firm Culture, And The Effects Of Billable Hour Requirements - Part Two, Susan Saab Fortney

Faculty Scholarship

This article considers billing practices, the effects of hourly billing pressure, and firm culture as reflected in a survey of associates in Texas law firms. Part I of this article reports the empirical information from the survey. This information includes insight into the toll an increase in billable hour requirements has taken on legal practitioners and the consequent affect on the legal field. Part II discusses what the data means and how it might be used to improve the outlook for attracting and retaining good associates.

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The Judicial Transformation Of Social Security Disability: The Case Of Mental Disorders And Childhood Disability, Jennifer L. Erkulwater Jan 2002

The Judicial Transformation Of Social Security Disability: The Case Of Mental Disorders And Childhood Disability, Jennifer L. Erkulwater

Political Science Faculty Publications

A full account of the judicial influence on Social Security disability programs would require a book-length, perhaps even encyclopedia-length, treatise and would take us far afield from our present concern. This article focuses narrowly on the activities of Legal Services attorneys, mental health reformers, and children's advocates. Although mental health reformer groups are only one of many antipoverty organizations involved in advocacy efforts on behalf of the disabled poor, they have been among the most persistent, the most active, and the most successful in using a litigation strategy to achieve their larger policy goals. According to one Social Security official, …

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Guilds At The Millennium: Antitrust And The Professions: Introduction, Susan Beth Farmer Jan 2002

Guilds At The Millennium: Antitrust And The Professions: Introduction, Susan Beth Farmer

Faculty Scholarship

This Article is an Introduction to the Symposium Issue of the Loyola Consumer Law Review. The papers published in the symposium issue were originally presented at the meeting of the Section on Antitrust and Economic Regulation of the Association of American Law Schools (AALS) at the Association Annual Conference in 2002.

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Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers Jan 2002

Fit And Function In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers

Faculty Scholarship

In this Article, I develop a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, I propose integrated mechanisms for making those norms both binding and enforceable. In making these proposals, I reject the classical conception of legal ethics as a purely deontological product derived from first principles. I argue, instead, that ethics derive from the interrelational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, I will demonstrate, not only …

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Remarks By The Honorable Jonathan Lippman, Jonathan Lippman Jan 2002

Remarks By The Honorable Jonathan Lippman, Jonathan Lippman

Fordham Urban Law Journal

Remarks by the Honorable Jonathan Lippman at the Access to Justice Conference

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Access To Justice: On Dialogues With The Judiciary, Margaret Martin Barry Jan 2002

Access To Justice: On Dialogues With The Judiciary, Margaret Martin Barry

Fordham Urban Law Journal

This Article considers the effects of nurturing law student interest in public service intersects with the goals of developing lawyering expertise. It then examines the insight provided to the judiciary by clinical educational programs with regards to making the courts more accesible to the public. The author hopes to encourage a greater, more meaningful dialogue between the judiciary and law school faculty.

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Unbundled Legal Services: Untying The Bundle In New York State, Justice Fern Fisher-Brandveen, Rochelle Klempner Jan 2002

Unbundled Legal Services: Untying The Bundle In New York State, Justice Fern Fisher-Brandveen, Rochelle Klempner

Fordham Urban Law Journal

This Article addresses the practice of unbundled legal services as a solution to lack of access to legal aid by the poor. Unbundled legal services is a process by which the client and lawyer agree that the lawyer will provide some, but not all, of the work involved in traditional full service representation. The Article discusses and and evaluates the pros, such as increasing access to justice and efficiency in the courtroom with cons, such as malpractice and ethical concerns.

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Equal Protection Denied In New York To Some Family Law Litigants In Supreme Court: An Assigned Counsel Dilemma For The Courts, Robert M. Elardo Jan 2002

Equal Protection Denied In New York To Some Family Law Litigants In Supreme Court: An Assigned Counsel Dilemma For The Courts, Robert M. Elardo

Fordham Urban Law Journal

This Article addresses the concerns over the differences in the right to counsel in family law cases depending on the venue. In New York, persons in family court proceedings have a constitutional right to counsel. Yet the same matter, if heard in the New York Supreme Court, does not afford such a right. This Article advocates the correction of this perceived oversight in the law so that all parties in these important proceedings can receive fair representation.

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The Law School Consortium Project: Law Schools Supporting Graduates To Increase Access To Justice For Low And Moderate Income Individuals And Communities, Deborah Howard Jan 2002

The Law School Consortium Project: Law Schools Supporting Graduates To Increase Access To Justice For Low And Moderate Income Individuals And Communities, Deborah Howard

Fordham Urban Law Journal

The Law School Consortium Project is an organization with the goal of extending the educational and professionalism missions of law schools beyond graduation to provide training, mentoring, and other support to solo and small-firm lawyers. The Article discusses different models of achieving this goal. It outlines the benefits to practitioners, low and moderate income individuals and communities, and to participating law schools.

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Access To Justice In Idaho, Frances H. Thompson Jan 2002

Access To Justice In Idaho, Frances H. Thompson

Fordham Urban Law Journal

This Article addresses the efforts made by the Idaho Court Assistance Office Project to increase access to the Idaho court system. The Article discusses the Projects goals of addressing concerns over plain English forms and brochures, pro bono legal and paralegal services, and equipment and technology needs. It describes the four primary model used by the Project in assisting pro-se litigants.

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From "Renegade" Agency To Institution Of Justice: The Transformation Of Legal Services Corporation, Mauricio Vivero Jan 2002

From "Renegade" Agency To Institution Of Justice: The Transformation Of Legal Services Corporation, Mauricio Vivero

Fordham Urban Law Journal

This Article traces the evolution of the Legal Services Corporation from its near destruction in the mid-1990's to it's current state as a thriving national bipartisan organization. It discusses the challenges brought by a conservative Congress. It explores the changes made by LSC in order to gain bipartisan support.

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Mainstreaming Community Development: Business Strategies As Radical Approaches To Community Representation, Daniel S. Shah Jan 2002

Mainstreaming Community Development: Business Strategies As Radical Approaches To Community Representation, Daniel S. Shah

Fordham Urban Law Journal

This article argues that law school clinics are a means of providing positive change in representation in community development. Through a detailed case analysis of the Philadelphia Community Development Credit Union, the article illustrates how most technical assistance providers perpetuate an economic development structure which is contrary to consumer demand. These technical assistance providers carry out the goals and plans of the project funders (a top down approach) rather than focusing on the demands of the consumers. Community development clinics can step outside of the current market structure because they receive funding from independent sources and are thus able to …

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