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If Multidisciplinary Parternships Are Introduced Into The United States, What Could Or Should Be The Role Of General Counsel?, Michele D. Beardslee

Fordham Journal of Corporate & Financial Law

No abstract provided.

What I Think That I Have Learned About Legal Ethics, Richard H. Underwood

Law Faculty Scholarly Articles

In this short piece I want to say a few things that other academics teaching legal ethics may find disturbing. I say this because I believe that I may be swimming against the current academic fashion. Of course, it is possible that I do not have a very good handle on the current academic fashion. I hope I am not setting up a straw person to knock down, but I may be. If I am, I am sure someone will call me to task. What I am going to say is this: contrary to popular belief (among practitioners, at least) …

Corporate Responsibility And The Regulation Of Corporate Lawyers, James M. Mccauley

Richmond Journal of Global Law & Business

On July 30, 2002, in an effort to demonstrate to the American public a resolve to crack down on corporate scandals such as Enron, Adelphia, WorldCom, and Global Crossing, President Bush signed into law the “Sarbanes-Oxley Act of 2002”. Proclaiming that the new law will restore investor confidence, reform the oversight of public accounting and increase the transparency of corporate financial statements…

The Legacy Of Buckley V. Valeo, Joel Gora

Faculty Scholarship

No abstract provided.

Democracy By Decree: What Happens When Courts Run Government (2003), Ross Sandler, David Schoenbrod

Books

Schools, welfare agencies, and a wide variety of other state and local institutions of vital importance to citizens are controlled by attorneys and judges rather than governors and mayors. In this book, Ross Sandler and David Schoenbrod explain how this has come to pass, why it has resulted in service to the public that is worse, not better, and what can be done to restore control of these programs to democratically elected - and accountable - officials.

Sandler and Schoenbrod tell how the courts, with the best intentions and often with the approval of elected officials, came to control ordinary …

Civil Evidence, David S. Coale, Jennifer Evans Morris, Beth E. Klusmann

SMU Law Review

No abstract provided.

Financial Abuse Of The Elderly In California, Jeanne Finberg

Loyola of Los Angeles Law Review

No abstract provided.

2003 Cardozo School Of Law, Benjamin N. Cardozo School Of Law

Yearbooks

No abstract provided.

Full Issue, New Mexico Historical Review

New Mexico Historical Review

No abstract provided.

Multijurisdictional Practice Of Law: Recent Developments In The National Debate, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

This Article will explore the development of multijurisdictional practice in the United States and abroad. Part III will discuss the positions taken by various participants in the current debate on multijurisdictional practice. Part IV will examine the actions of the American Bar Association House of Delegates in August 2002 and the implications of those actions for lawyers. Part V will conclude that MJP reform is critical to the future of the legal profession in the United States as a fundamental tool for American business to remain competitive in the globalized marketplace for goods and services.

The Cow Says Moo, The Duck Says Quack, And The Dog Says Vote! The Use Of The Initiative To Promote Animal Protection, Joseph Lubinski

University of Colorado Law Review

No abstract provided.

Reinterpreting Professional Identity, Norman W. Spaulding

University of Colorado Law Review

No abstract provided.

Legal Interviewing And Counseling: An Introduction [Article], Robert Dinerstein, Stephen Ellmann, Isabelle Gunning, Ann Shalleck

Articles & Chapters

No abstract provided.

Absolute And Perfect Candor To Clients The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Vincent R. Johnson

St. Mary's Law Journal

The fiduciary duty owed to clients by attorneys is defined by the reasonable-care standard of negligence as opposed to the all-encompassing “absolute and perfect candor” rhetoric frequently used to describe the duty owed. Words have meanings and, though the use of “absolute and perfect candor” serves a beneficial purpose, reminding attorneys of the special duty owed to their clients, the fiduciary duty owed to clients is not so all encompassing and impractical. Modern case law fails to establish that a broadly applicable duty of “absolute and perfect” candor applies to the attorney-client relationship, except in a limited number of situations. …

The Legal Profession At The Crossroads: Who Will Write The Future Rules Governing The Conduct Of Lawyers Representing Public Corporations The Second Annual Symposium On Legal Malpractice & Professional Responsibility., David J. Beck

St. Mary's Law Journal

Abstract Forthcoming.

The Cost Of Humanitarian Assistance: Ethical Rules And The First Amendment The Second Annual Symposium On Legal Malpractice & Professional Responsibility., Jack P. Sahl

St. Mary's Law Journal

Abstract Forthcoming.

Insurance Companies Use Of Captive Or In-House Counsel To Represent Insured Constitutes The Unauthorized Practice Of Law: Is American Home The Right Decision For Texas Comment., Daniel M. Martinez

St. Mary's Law Journal

Insurance companies should not be allowed to continue the practice of hiring in-house or captive counsel to defend against a claim covered by their insurance policy. Under a typical liability insurance policy, the insurer has a duty to defend. When legal counsel is retained, the insurer pays for the representation and has a contractual right to control the defense. This places defense counsel in a precarious situation because he or she has to balance the contractual obligations to the insurer against his or her ethical responsibilities to the insured. The defense counsel may be exposed to a malpractice claim by …

Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

Does the field of conflict resolution have any broadly applicable theories that "work" across the different domains of international and domestic conflict? Or, are contexts, participants, and resources so "domain" specific and variable that only "thick descriptions" of particular contexts will do? These are important questions which have been plaguing me in this depressing time for conflict resolution professionals, from September 11,2001 (9/11), to the war against Iraq. Have we learned anything about conflict resolution that really does improve our ability to describe, predict, and act to reduce unnecessary and harmful conflict? These are the questions I want to explore …

Introduction: Integrity In The Law: In Honor Of John D. Feerick Symposium, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

Good morning. It is my privilege, and it truly is a privilege, to welcome you to Fordham Law School's Integrity in the Law Conference, which honors John Feerick on the occasion of his retirement from the deanship after twenty years of remarkable service to the School, to the University, to the legal profession, and to the law.

Dean Feerick's career has been one of extraordinary accomplishment. In fact, as I was preparing my comments and looking at the list of positions he holds and has held, I was amazed, as I have been amazed in the past, that one person …

“Head Start Works Because We Do”: Head Start Programs, Community Action Agencies, And The Struggle Over Unionization, Eloise Pasachoff

Georgetown Law Faculty Publications and Other Works

In the summer of 2002, the city of Boston watched a fierce battle unfold between low-wage workers who provide child care and the social service agencies that employ them. Boston requires its city contractors to pay more than twice the federal minimum wage of $5.15 an hour to their employees, according to the terms of the city's "living wage" ordinance. The social service agencies, which receive government subsidies to run their child care programs, claimed that they could not afford to pay this rate. These agencies mounted an intense legal and political campaign, arguing that they would be forced to …

Taxing And Trading In Corporate Energy Activities: Pioneering Uk Reforms To Address Climate Change, Benjamin J. Richardson, Kiri L. Chanwai

Articles & Book Chapters

The landscape of UK environmental law is changing rapidly, with important implications for British companies. In recent years, energy activities have surfaced from the relative backwaters of UK environmental regulation to occupy the limelight. The reason is climate change. As the scientific prognosis of global warming firmed, and evidence of the likely economic and ecological ramifications became better understood, authorities in the UK and abroad have sought new policies and laws to stem greenhouse gas emissions. European Union (EU) and international authorities have also come to regard our reliance on dirty fossil fuels and profligate energy consumption as the greatest …

Diverging Trends In Worker Health And Safety Protection And Participation In Canada, 1985-2000, Eric Tucker

Articles & Book Chapters

Despite the comprehensiveness of neo-liberal restructuring in Canada, it has not proceeded uniformly in its timing or outcomes across regulatory fields and political jurisdictions. The example of occupational health and safety (OHS) regulation is instructive. This article compares recent OHS developments in five Canadian jurisdictions, Alberta, British Columbia, Nova Scotia, Ontario and the Federal jurisdiction. It finds that despite the adoption of a common model by all jurisdictions, there has recently been considerable divergence in the way that the elements of worker participation and protection have been combined. Modified power resource theory is used to explain a portion of this …

The Evolution Of Mjp, Irma S. Russell

Faculty Journal Articles & Other Writings

This article examines the ABA revision to Model Rules 5.5 and 8.5 in light of today's legal world where representing clients in states outside the lawyer's state of licensure is commonplace, particularly in areas of practice that involve federal law, such as environmental law, and clients with far-flung property or business transactions in numerous jurisdictions. The article notes that although the revision to these rules represents the first step in a necessary liberalization of ethical rules and statutes to permit competent lawyers to service client needs efficiently and encourages more uniformity of approach, the rules and UPL statutes still create …

Biographies Of Symposium Participants, American University Law Review

American University Law Review

No abstract provided.

Give Them $4.96 And They Take $200 Million: Why Brown V. Legal Foundation Of Washington Violates The Fifth Amendment, Brent Hultquist

Denver Law Review

No abstract provided.

Comments: Katsenelenbogen V. Katsenelenbogen: Through The Eyes Of The Victim — Maryland's Civil Protection Order And The Role Of The Court, Richard A. Dubose Iii

University of Baltimore Law Review

No abstract provided.

Report Of William & Mary Marshall-Wythe School Of Law 2002-2003, William & Mary Law School

Annual Report

No abstract provided.

Admissions Brochure 2003-2004, William & Mary Law School

Admissions Brochures

No abstract provided.

Taking Out The Adversary: The Assault On Progressive Public Interest Lawyers, David Luban

Georgetown Law Faculty Publications and Other Works

This Essay concerns laws and doctrines, some very recent, that undermine the capacity of progressive public-interest lawyers to bring cases. It asks a simple-sounding question: how just is the adversary system if one side is not adequately represented in it? And it defends a simple-sounding answer: It is not just at all. As we shall see, however, neither the question nor the answer is quite as simple as it sounds.

Lessons From Nepal: Partnership, Privilege And Potential, Jane H. Aiken

Georgetown Law Faculty Publications and Other Works

Dramatic differences in culture present students with the opportunity to gain considerable perspective on their own perceptions and a chance to operate in a legal environment that, like most endeavors in the world today, has become increasingly globalized. This kind of experience has generally been missing in the training of our university law students. The students in Washington University's Civil Justice Clinic have provided legal services to women and children who have been victims of violence in a wide array of socio-economic settings. They have also worked on policy initiatives that shape government on city, state and federal levels. But …