Digital Commons Network^™

Sarbanes-Oxley And The Oklahoma Rules Of Professional Conduct Recent Developments In Oklahoma, Drew L. Kershen

Faculty Articles

No abstract provided.

Issues And Challenges Of Corporate Change Initiatives In Singapore's Small Business Sector, Thomas Menkhoff, Benjamin Loh, Lena Kay

Research Collection Lee Kong Chian School Of Business

No abstract provided.

Actual Innocents: Considerations In Selecting Cases For A New Innocence Project, Daniel S. Medwed

Nebraska Law Review

I. Introduction . . . . . 1098

II. Practical Considerations . . . . . 1102

A. Defining Your Scope: Determining What Kinds of Cases You Want . . . . . 1103

1. Substance: Limitations on Case Content . . . . . 1104

2. Form: Procedural, Jurisdictional, and Other Limitations . . . . . 1109

B. Putting Theory into Practice: How Do You Get the Cases You Want? . . . . . 1114

1. Inflow: Gathering Prospective Innocence Claims . . . . . 1114

2. Outflow: Procedures for Evaluating Potential Cases . . . …

Multijurisdictional Practice For A Multijurisdictional Profession, Susan Poser

Nebraska Law Review

The issue of multijurisdictional practice concerns whether and to what extent lawyers can practice law in states in which they are not licensed. Under current law in Nebraska and almost every other state, it may be a violation of both the ethics rules and state law for a lawyer not licensed in that state to engage in activity that constitutes the practice of law, even on a temporary basis. This is law that is no longer practical or necessary and Nebraska should now consider modifying it. In August 2002 the ABA adopted revised Model Rule 5.5. This revised Model Rule …

The Digital Trademark Right: The Troubling New Extraterritorial Reach Of National Law, Xuan-Thao Nguyen

Articles

The Anticybersquatting Consumer Protection Act authorizes the development of the digital trademark right. Under this new right, a trademark owner can petition a domestic court to transfer a foreign registrant's domain name to the trademark owner. The trademark owner does not need to travel to the foreign land for the litigation or to petition a foreign court for enforcement of the domestic court's decision. The property transfer order has a global effect, enjoining the foreign registrant from further use of its property in its home country. Is such extraterritorial extension of national law permissible? Does the new digital trademark right …

Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno

Faculty Publications

No abstract provided.

Seeking Justice, Preserving Liberty, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Proceedings Of The One Hundred Fourth Annual Meeting Of The North Dakota State Bar Association

North Dakota Law Review

No abstract provided.

North Dakota Supreme Court Review

North Dakota Law Review

No abstract provided.

Five Critical Issues In New York’S Grandparent Visitation Law Aftertroxel V. Granville, Stephen A. Newman

Articles & Chapters

No abstract provided.

Bulletin Of The University Of San Diego School Of Law 2003-2005, University Of San Diego. School Of Law

School of Law Course Catalogs (1954-2013)

48 pages : illustrations, photographs ; 29.5 cm

When Clients Do Bad Things: The Lawyer's Response To Corporate Wrongdoing, Craig M. Bradley

Articles by Maurer Faculty

The high profile meltdowns of Enron, WorldCom, Tyco, Adelphia, Global Crossing and other well-known companies have focused attention on the responsibilities of corporate gatekeepers, including attorneys, to deter or expose fraudulent conduct by their clients and associated persons. Attorneys have been the subject of investigation and criticism by Congress' and federal regulators for failing to adequately respond to their clients' fraudulent (and, possibly, criminal) conduct. The lawyer who learns that his or her client or persons acting on its behalf are engaged in a course of fraudulent or criminal conduct which threatens economic losses to non-client third parties faces both …

Transnational Legal Practice: Cross-Border Legal Services: 2002 Year-In-Review, Carole Silver, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft

Articles by Maurer Faculty

No abstract provided.

The Rights Of The New Untouchables: A Constitutional Analysis Of Hiv Jurisprudence In India, Jayanth K. Krishnan

Articles by Maurer Faculty

It is believed that India will soon have the highest number of HIV/AIDS cases of any country. Some reports project that 37 million people will be infected within the next two decades. Sadly, few studies have examined the legal claims of those who suffer with this disease in this, the world's largest democracy. In this article, I systematically examine how the courts in India have responded to rights-based claims brought by people who have HIV. The conventional wisdom is that the Indian judiciary frequently protects the rights of the poor, the under-represented, and the ill. But my findings reveal that, …

The Continuing Assault On The Citadel Of Fiduciary Protection: Ethics 2000'S Revision Of Model Rule 1.5, Lester Brickman

Articles

The attorney-client relationship typifies a fiduciary relationship. At a minimum, attorneys are required to deal fairly and reasonably with their clients while avoiding any inclination to act in a selfinterested manner. Nowhere is the tension between a lawyer's selfinterest and their fiduciary obligations to a client greater than in the area of fee structures.

Contingency fees were developed to allow clients representation when they otherwise may not be able to afford such representation, while compensating a lawyer in a manner commensurate with the degree of risk presented by the case. Despite the inherent self-interest encountered by lawyers when presented by …

Criminal Neglect: Indigent Defense From A Legal Ethics Perspective Ethics Symposium What Do Clients Want: Practice Contexts, Bruce A. Green

Faculty Scholarship

Most criminal defendants in the United States cannot afford to pay for a lawyer's services, and as a result their lawyers are government funded. Unfortunately, some state and local governments drastically under-fund indigent defense services. Criminal defense lawyers serving in these jurisdictions typically carry grossly excessive caseloads and are therefore severely restricted in how much time they can devote to individual clients. Commentators have targeted the under-funding of indigent defense systems as a problem of criminal justice, constitutional law, and civil rights. That is certainly true, but the under-funding of indigent defense also raises a serious and inadequately recognized problem …

Where Will Women Lawyers Be In 25 Years?, Frances E. Bivens, Joan Guggenheimer, Nancy Northrup, Susan Sturm, Judith Reinhardt Thoyer

Faculty Scholarship

Barbara Black said in her unbelievably moving remarks that Columbia has opened up its institutional heart to women. I thought that was a wonderful expression and, as a relative newcomer to Columbia, I have to agree. What does this mean? It means that women have become part of the cultural fabric of the Columbia Law School. We are not an accent. We are not an accessory. We are woven into the day-to-day fabric of the school. And this means being able both to participate in the old traditions and to reshape them to make some new traditions and then have …

The Attorney As Gatekeeper: An Agenda For The Sec, John C. Coffee Jr.

Faculty Scholarship

Section 307 of the Sarbanes-Oxley Act authorizes the SEC to prescribe "minimum standards of professional conduct" for attorneys "appearing or practicing" before it. Although the initial debate has focused on issues of confidentiality, this terse statutory provision frames and seemingly federalizes a much larger question: What is the role of the corporate attorney in public securities transactions? Is the attorney's role that of (a) an advocate, (b) a transaction cost engineer, or, more broadly, (c) a gatekeeper – that is, a reputational intermediary with some responsibility to monitor the accuracy of corporate disclosures? Skeptics of any gatekeeper role for attorneys …

Whom (Or What) Does The Organization's Lawyer Represent?: An Anatomy Of Intraclient Conflict, William H. Simon

Faculty Scholarship

Professional responsibility issues involving organizational clients are distinctively difficult because organizations consist of constituents with conflicting interests. Legal doctrine has only recently begun to address the effect of internal conflict on a lawyer's responsibilities to an organizational client. Under current doctrine, the lawyer's responsibilities differ strongly depending on whether the representation is characterized as 'joint" representation of the organization 's constituents or "entity" representation. This Article argues that the choice between the two characterizations often has been arbitrary and that the underlying differences between them have been misunderstood. With respect to entity representation, it criticizes a prominent tendency in the …

Who Needs The Bar?: Professionalism Without Monopoly, William H. Simon

Faculty Scholarship

Professionalism has an idealistic dimension and an institutional one. The idealistic dimension is the notion of voluntary commitment to both client interests and public values. The institutional dimension is the ideal of self-regulation by the bar.

The idealistic dimension remains powerful. However disappointed we are by the distance between the profession's ideals and its members' practices, these ideals continue to inspire valuable efforts. Various professional organizations are making admirable contributions through pro bono representation of disadvantaged people, public education, and disinterested law reform efforts in a range of areas, such as litigation procedure, prisons, and judicial selection. Moreover, the bar's …

Cultural Projects And Structural Transformation In The Legal Profession, W. Wesley Pue

All Faculty Publications

This paper explores the history of professional formation amongst lawyers, pointing to the surprising conclusions that contemporary legal professionalism bears little continuity with supposed roots in British professionalism and that one of the major motors driving professionalism was related to a project of cultural transformation in state and society at large. Whilst legal professions appear exclusionary and xenophobic from an outside perspective, the desire to control difference has deeper, more fully cultural roots, than arguments from self-interest per se might suggest.

Building Leadership Capacity: A Case Study Of Standards-Based Staff Development, Geraldine M. Harge

Abraham S. Fischler College of Education ETD Archive

A qualitative case study approach was implemented to examine the perception of 13 principals regarding the efficacy and utility of skills using the California Standards of the Teaching Profession (CSTP; California Teaching Commission, 1997) in the supervision and evaluation process. The results of this study showed that the principals had consistent participation and found the skills and tools for observation and evaluation very useful for (a) awareness and understanding of the CSTP for informal observation, (b) commitment to continued use of the CSTP, (c) continued support from the district for sustained implementation, (d) improved teacher capacity at a beginning stage …

Common Data Set, 2002-2003, Planning, Research, And Policy Analysis

Common Data Set (2001-present)

Common Data Set 2002-2003 for Illinois State University

Hipaa Requirements For Lawyers - Business Associate Contracts, Gerald E. Deloss

North Dakota Law Review

No abstract provided.

Independent Review Of The Crimes (Forensic Procedures) Act 2000, Mark Findlay

Research Collection Yong Pung How School Of Law

This Report focuses on the use of forensic procedures in the criminal justice system. It arises out of the requirement under section 122 of the Crimes (Forensic Procedures) Act 2000 (the Act) that the Minister (the Attorney General) review the Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

Supreme Court Section 1983 Decisions: (October 2001 Term), Martin A. Schwartz

Scholarly Works

No abstract provided.

Civil Claim Settlement Talks Involving Third Parties And Insurance Company Adjusters: When Should Lawyer Conduct Standards Apply?, Jeffrey A. Parness

Faculty Articles, Papers, and Other Scholarship

Operating on behalf of insurance companies, adjusters have long facilitated settlements of civil claims. Adjusters work both before and during lawsuits to help resolve differences between the companies and company insureds, thus engaging in first-party adjusting. Adjusters also facilitate pre-lawsuit and post-lawsuit civil claim settlements between their companies and those harmed by company insureds. Such third-party adjusting and first-party adjusting are quite distinct. They raise different issues regarding the application of professional conduct or civil procedure standards governing lawyers to non-lawyer adjusters. Some important questions about applying lawyer standards to adjusters in third-party settings have been resolved, as in the …

Defending The Indefensible To Further A Later Case: Sanctioning Respondents In Illinois Domestic Violence Cases, David H. Taylor

Faculty Articles, Papers, and Other Scholarship

When an act of domestic violence occurs in Illinois, as in most other jurisdictions, both criminal charges and a civil Domestic Violence Order of Protection may follow. The order of protection may be commenced in conjunction with a criminal charge or may be commenced as an independent action. Because of the exigencies of the domestic violence situation, the legislature has enacted a statutory scheme that expedites the civil proceeding, so that the civil order of protection proceeding takes place in a period of twenty-one days from initial filing to final hearing. In other contexts, an act of intentional injury could …

Using Therapeutic Jurisprudence To Bridge The Juvenile Justice And Mental Health Systems, Michael J. Jenuwine, Gene Griffin

Articles by Maurer Faculty

No abstract provided.

A Proposed Right Of Conscience For Government Attorneys, Ralph Nader, Alan Hirsch

UC Law Journal

Government lawyers may be discharged for failing to carry out an assignment that violates their conscience or their conception of the Constitution. This is regrettable, especially given the special role of the government lawyer as an officer of the court committed to the public interest. Drawing on a wide range of analogies involving lawyers and non-lawyers, public and private employees, and citizens outside of the workplace, the authors argue that recognizing a right to conscience for government lawyers would in no way compromise the effective functioning of the government. They propose specific statutory language, as well as a canon of …