Digital Commons Network^™

Report Of William & Mary Marshall-Wythe School Of Law 2001-2002, William & Mary Law School

Annual Report

No abstract provided.

No. 30 An Order To Clarify And Amend Executive Orders 9, 10 And 21 Relative To The Transfer Of Administrative Staff From The Department Of Mental Health And Developmental Disabilities (Tdmhdd) To The Department Of Finance And Administration, Don Sundquist

Executive Orders

No abstract provided.

Professor/Practitioner Case Development Program - 2002 Case Studies, American Institute Of Certified Public Accountants. Academic And Career Development Team

Guides, Handbooks and Manuals

No abstract provided.

Nowhere To Go: Will The Rural Housing Preservation Legislation Withstand Owner Attacks?, Karen Merill Tjapkes

Public Interest Law Reporter

No abstract provided.

The Complicated Game Of Child Support In Illinois: Does Anyone Really Win?, Kristina E. Smith

Public Interest Law Reporter

No abstract provided.

A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Fortney

Journal of Law and Health

This article takes a different approach in considering the problem of prenatal drug abuse. After briefly discussing government intervention and constitutional issues, this article will consider the concept of duty and correlative rights. This discussion of duty and correlative rights suggests that the government can take measures to curb prenatal drug use without recognizing fetal rights. The article concludes with a discussion of the utility of criminal legislation as compared to public health legislation that treats drug addiction as a disease requiring treatment. As formulated, the proposal for public health legislation is not based on any concept of fetal rights. …

To Pay Or Not To Pay, That Is The Question: Should Ssi Recipients Be Exempt From Child Support Obligations?, Angela F. Epps

Journal Publications

This article will explore whether it is legally permissible for state courts to order Supplemental Security Income (SSI) recipients to pay child support. As background, the history of the SSI program, showing its genesis in a perceived need for uniformity, will be reviewed along with its current requirements. A discussion of federal child support laws will provide additional background.

Although many feel that every parent should be required to pay child support or argue against further federal subsidies, this article proposes an alternate solution. First, SSI recipients should be exempt from payment of child support. Next, the federal government, through …

Sharon Sonnenreich : Addenda, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from the Third District Court, Salt Lake County, Judge Michael K. Burton

Sharing Accounting's Burden: Business Lawyers In Enron's Dark Shadows, Lawrence A. Cunningham

GW Law Faculty Publications & Other Works

A familiar pass-the-buck pas de deus in deal meetings occurs when the accountant says, after an impasse, "that's a legal problem" while the lawyer says "that's an accounting problem." The truth is, both are right; the trouble is, as Enron shows, prevailing professional cultures create a crack between law and accounting that resolute fraud artists exploit, not cultures that emphasize the intersection of law and accounting that should foil would-be fraudsters. As policymakers rush to respond to Enron, this perspective on law and accounting should be appreciated, as should Enron's place in soecity's parade of corporate debacles. At Enron's core …

Stock-Based Compensation For Legal Services: Resurrecting The Ethical Dilemma, Sharon Mary Mathew

Santa Clara Law Review

No abstract provided.

Ethics: Lawyering And Professionalism., Broadus A. Spivey

St. Mary's Law Journal

Because public perception is a major issue that confronts the legal community, Texas encourages lawyers to maintain a civil, professional, and courteous environment. The work of lawyers may be divided into three parts: first, a lawyer must consider several factors when communicating with a potential client; second, a lawyer must attend to the creation of the lawyer-client relationship; and third, a lawyer must effectively manage the lawyer-client relationship. The rules of ethical deportment for attorneys are contained in the Texas Disciplinary Rules of Professional Conduct, which specifically address barratry and similar offenses related to the improper solicitation of potential clients. …

Shoot Out At The Not-O.K. Corral Or Privileged Client Communications - Lost And Found In Texas., Walter W. Steele Jr.

St. Mary's Law Journal

Texas’s solutions to inadvertently disclosed privileged material are unworkable. Confidentiality of client information is a bedrock of the legal profession. Nonetheless, some confidential information invariably leaks out. The most common leak occurs when a lawyer inadvertently includes privileged material in boxes of documents produced in response to a legitimate discovery request. After the opposing lawyer finds the “hot documents” in the box, the problems begin. The Texas Supreme Court adopted what amounts to the reasonable precautions test in Granada Corp. v. First Court of Appeals. The cornerstone of the Granada holding is the involuntary nature of the production of the …

Proposed Conflict Of Interest And Confidentiality Rules., Luther H. Soules Iii

St. Mary's Law Journal

The Texas Supreme Court and the State Bar of Texas should fully adopt the proposals to the Rules of Professional Conduct 1.05–1.13 addressing attorney confidentiality and conflicts of interest. Historically, the Rules of Professional Conduct have set a floor which a lawyer may be subject to discipline, the Rules, however, do not offer bright lines for deciding questions of law, ethics, or fairness. Because the rules of professional responsibility in the legal industry are ambiguous in nature and often encumber a lawyer’s ability to effectively represent clients, the Texas Disciplinary Rules Committee recommends modification to the Rules of Professional Conduct …

Federal And State Law Encroachment On Individual Rights, William Clark Harrel

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming

Justice For Interests Of The Poor: The Problem Of Navigating The System Without Counsel, Deborah J. Cantrell

Publications

No abstract provided.

Steven Blevins And Debra Kay Blevins V. Custom Steel Fabrication Inc, Et Al : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Consolidated appeals from the Third District Court, Judge L. A. Dever

Comment: Multi-Disciplinary Practice And Conflict Of Interest, Kevin C. Mcmunigal

Faculty Publications

My comments as part of this panel focus on the attitude of proponents of multi-disciplinary practice toward conflict of interest. Before turning to that topic, I would like to offer a general observation about the debate on multi-disciplinary practice as well as a suggestion for improving the quality of that debate.

Washington Practice Materials, Nancy Mcmurrer

Librarians' Chapters in Books

• Introduction
• Encyclopedic Sources
• Subject-Specific Resources
• Litigation Aids
• Ethics Opinions
• Directories
• Current Awareness: Bar Publications and Legal Newspapers
• Subject List of Practice Resources

Legal And Professional Ethics: Protection Of Client Identity, Rebecca Wood Hunter

Oklahoma Law Review

No abstract provided.

Patent Law: Attorney-Client Privilege In Patent Litigation: Did The Federal Circuit Go Far Enough With In Re Spalding Sports Worldwide?, Matthew R. Rodgers

Oklahoma Law Review

No abstract provided.

Change Is In The Air: Lawyer Advertising And The Internet, Louise L. Hill

University of Richmond Law Review

Today, virtually all the large law firms, as well as most of the small firms, have Web sites. These sites established by law firms vary considerably, with many containing a great deal of material that is informational in nature. When considering whether state ethics rules are applicable to lawyer communications on the Internet, an initial question is whether the communication is commercial speech. Regulations on advertising and solicitation that impose restrictions on commercial speech are limited to speech of that kind. This notwithstanding, states have uniformly held that these communications are subject to regulation under their respective rules governing lawyer …

Foreword, William E. Spruill

University of Richmond Law Review

This, the ninth annual Allen Chair Symposium issue of the University of Richmond Law Review, includes four spirited articles centered around the Symposium's 2001 topic: Lawyer Advertising in the Electronic Age. Rodney A. Smolla, in The Puffery of Lawyers, argues that there are many reasons why bar regulators around the nation should cease restricting lawyer advertising in the absence of evidence that such puffery confuses or misleads consumers. In Change is in the Air: Lawyer Advertising and the Internet, Louise L. Hill examines the current and future status of lawyers using cyberspace to promote their services. William E. Hornsby, Jr., …

Ad Rules Infinitum: The Need For Alternatives To State-Based Ethics Governing Legal Services Marketing, William E. Hornsby Jr.

University of Richmond Law Review

For most of the Twentieth Century, lawyer advertising was prohibited. Beginning with the Canons of Ethics ("Canons"), adopted by the American Bar Association (the "ABA" or "Association") in 1908, it was unethical for lawyers to advertise or engage in most forms of marketing. The 1977 United States Supreme Court decision of Bates v. State Bar of Arizona held that, under the First Amendment doctrine of commercial speech, states did not have the right to ban lawyer advertising. The decision, however, gave states the responsibility to regulate this activity. This began an experiment to balance consumer protection with the flow of …

University Of Richmond Law Review Index

University of Richmond Law Review

No abstract provided.

Joanna Murphy, Petitioner, V. Utah State Retirement Board Long Term Disability Program: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

IN THE UTAH COURT OF APPEALS JOANNA MURPHY, Petitioner, v. UTAH STATE RETIREMENT BOARD LONG TERM DISABILITY PROGRAM Respondent. BRIEF OF THE PETITIONER CASE NO. 20020942-CA

Marcos Lorenzo V. Department Of Workforce Services, Workforce Appeals Board : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

Albert Sandberg V. Lehman, Jensen & Donahue : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH HONORABLE MICHAEL K. BURTON, DISTRICT JUDGE CIVIL NO. 000908925

The Impact Of Expectations On Teaching And Learning, Barbara Glesner Fines

Faculty Works

Law schools are in a crisis of confidence in the abilities and motivations of their students. Conferences on law school teaching feature presentations such as "The Challenges of Connecting with 21st Century Students." Journal articles lament "The Happy Charade" that constitutes the learning and motivation of law students today. Professor Maranville of the Association of American Law Schools ("AALS") Section on Teaching Methods summarized these sentiments: "Many law students are so bored by the second year that their attendance, preparation, and participation decline precipitously; by graduation they have lost much of the passion for justice and the enthusiasm for helping …

Promoting Effective Ethical Infrastructure In Large Law Firms: A Call For Research And Reporting, Elizabeth Chambliss, David B. Wilkins

Hofstra Law Review

No abstract provided.

Finding A Voice: The Legal Ethics Committee, Carol M. Langford, David M.M. Bell

Hofstra Law Review

No abstract provided.