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2005

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Department Of Surgery 2005-2006 Annual Report Yale University School Of Medicine / Yale-New Haven Hospital, Yale School Of Medicine Department Of Surgery Jan 2005

Department Of Surgery 2005-2006 Annual Report Yale University School Of Medicine / Yale-New Haven Hospital, Yale School Of Medicine Department Of Surgery

Yale Department of Surgery Bulletins

Annual report for 2005-2006.


Adr: The New Equity, Thomas O. Main Jan 2005

Adr: The New Equity, Thomas O. Main

Scholarly Works

No abstract provided.


Anatomy Of A Disaster Under The Internal Revenue Code, Francine J. Lipman Jan 2005

Anatomy Of A Disaster Under The Internal Revenue Code, Francine J. Lipman

Scholarly Works

No abstract provided.


Notes On Lawyers And Commerce, Anthony Chase Jan 2005

Notes On Lawyers And Commerce, Anthony Chase

Nova Law Review

No abstract provided.


The Caribbean Court Of Justice: A Unique Institution Of Caribbean Creativity, David Simmons Jan 2005

The Caribbean Court Of Justice: A Unique Institution Of Caribbean Creativity, David Simmons

Nova Law Review

No abstract provided.


Licensing And Discipline Of Fiscal Professional In The State Of Florida: Attorneys, Certified Public Accountants, And Real Estate Professionals, Debra Moss Curtis Jan 2005

Licensing And Discipline Of Fiscal Professional In The State Of Florida: Attorneys, Certified Public Accountants, And Real Estate Professionals, Debra Moss Curtis

Nova Law Review

No abstract provided.


Reflections On Complicity, Julie Shapiro Jan 2005

Reflections On Complicity, Julie Shapiro

Faculty Articles

The author of this article participated in the litigation of Andersen v. King County, Washington in which lesbian and gay couples unsuccessfully sought access to marriage. Although part of the plaintiffs' litigation team, she is a feminist anti-assimilationist and as such, is generally opposed to articulating marriage as a priority of the lesbian/gay civil rights movement. Confronted with the undeniable reality that marriage has become the central demand of the lesbian and gay movement, the author explores the tensions and contradictions encountered during the litigation. The article examines how one might critically manifest resistance even while working for an assimilationist …


Even Judges Don't Know Everything: A Call For A Presumption Of Admissibility For Expert Witness Testimony In Lawyer Disciplinary Proceedings The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Timothy P. Chinaris Jan 2005

Even Judges Don't Know Everything: A Call For A Presumption Of Admissibility For Expert Witness Testimony In Lawyer Disciplinary Proceedings The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility., Timothy P. Chinaris

St. Mary's Law Journal

Today's practice environment is full of potential ethical pitfalls for even the most conscientious lawyer. The consequences of being found guilty of misconduct can include suspension or disbarment from practicing as a lawyer. Added to these concerns is the fact that the judge or hearing panel before whom the case is tried may not be intimately familiar with the particular ethics rules or how they are interpreted in different areas of practice. In order to mount an effective defense against the disciplinary charges, an accused lawyer may want to introduce expert testimony on his or her behalf. Unfortunately for the …


The Emperor's New Clothes: Cloaking Client Protection Under The New Model Court Rule On Insurance Disclosure The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Nicole D. Mignone Jan 2005

The Emperor's New Clothes: Cloaking Client Protection Under The New Model Court Rule On Insurance Disclosure The Fourth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Nicole D. Mignone

St. Mary's Law Journal

Traditionally, the legal profession prides itself on its ability to self-regulate and prefers to “take care of its own” in the disciplinary realm. The Model Court Rule on Insurance Disclosure (the Rule) invites an initial effort toward the legal profession’s self-regulating ideals and client protection. The Rule requires private practice attorneys to report to their state whether they plan to maintain liability insurance, which is then disclosed to the public. Unfortunately, the Rule’s ambiguous language and requirements create worrisome issues for both the attorney and client. Attorneys without malpractice insurance may be indirectly forced to obtain it. This expense could …


Lawyers As Upholders Of Human Dignity (When They Aren't Busy Assaulting It), David Luban Jan 2005

Lawyers As Upholders Of Human Dignity (When They Aren't Busy Assaulting It), David Luban

Georgetown Law Faculty Publications and Other Works

David Luban argues in this lecture that the moral foundation of the lawyer's profession lies in the defense of human dignity-and the chief moral danger facing the profession arises when lawyers assault human dignity rather than defend it. The concept of human dignity has a rich philosophical tradition, with some philosophers identifying human dignity as a metaphysical property of individuals-a property such as having a soul, or possessing autonomy. Luban argues instead that human dignity is a relational property of "the dignifier" and "the dignified," emphasizing that assaulting human dignity humiliates the victim. Lawyers honor the human dignity of others …


Constitutional Accommodation And The Rule(S) Of Courts, Lorne Sossin Jan 2005

Constitutional Accommodation And The Rule(S) Of Courts, Lorne Sossin

Articles & Book Chapters

Constitutional authority for the development and implementation of the rules of court lies with both the legislature, by its statutory power, and the judiciary, by the constitutional principles of judicial independence. The court rules in question here are those that govern court accessibility as well as the roles and responsibilities of parties in civil litigation. The three existing models of rule-making are court-led, where a majority of government officials, and collaborative, which lacks an evident majority of either. These rule-making bodies do not control court fees, the executive does, but in a system with any model, the judiciary always has …


Publications Of The Faculty Of New York Law School (January 1, 2005), Mendik Library Jan 2005

Publications Of The Faculty Of New York Law School (January 1, 2005), Mendik Library

Bibliographies of Faculty Publications

No abstract provided.


Critical Analysis Of The International Court Of Justice Ruling On Israel's Security Barrier, Michael J. Kelly Jan 2005

Critical Analysis Of The International Court Of Justice Ruling On Israel's Security Barrier, Michael J. Kelly

Fordham International Law Journal

On July 9, 2004, the International Court of Justice (“ICJ”) handed down an Advisory Opinion concerning the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory. In producing the Opinion, the Court traversed issues concerning its jurisdiction to deal with the request, the applicable law, the adherence by Israel to that law, the right of self-defense and the consequences of its findings of unlawfulness. It is well known that the long running issue of Israeli and Palestinian reconciliation is a politically heated one and the work of the ICJ has not been immune from the effects …


Nicholson V. Williams: The Case, Jill M. Zuccardy Jan 2005

Nicholson V. Williams: The Case, Jill M. Zuccardy

Denver Law Review

No abstract provided.


Judging Nicholson: An Assessment Of Nicholson V. Scoppetta, Justine A. Dunlop Jan 2005

Judging Nicholson: An Assessment Of Nicholson V. Scoppetta, Justine A. Dunlop

Denver Law Review

No abstract provided.


Reaching The Glass Usury Ceiling: Why State Ceilings And Federal Preemption Force Low-Income Borrowers Into Subprime Mortgage Loans, Anne Balcer Norton Jan 2005

Reaching The Glass Usury Ceiling: Why State Ceilings And Federal Preemption Force Low-Income Borrowers Into Subprime Mortgage Loans, Anne Balcer Norton

University of Baltimore Law Review

No abstract provided.


The "Do-Not-Call List" Controversy: A Parable Of Privacy And Speech, Rodney A. Smolla Jan 2005

The "Do-Not-Call List" Controversy: A Parable Of Privacy And Speech, Rodney A. Smolla

Law Faculty Publications

The controversy surrounding the constitutional challenge to the federal telemarketing "Do-Not-Call List" is a revealing parable of modern American life. The questions of First Amendment policy and doctrine posed by the challenge to the list are interesting in their own right. The real interest lies, however, not in the doctrinal chess moves themselves, but in the patterns of the larger match those moves reveal. ...


Admissions Brochure 2005-2006, William & Mary Law School Jan 2005

Admissions Brochure 2005-2006, William & Mary Law School

Admissions Brochures

No abstract provided.


Misassigning Income: The Supreme Court And Attorneys' Fees, Stephen B. Cohen Jan 2005

Misassigning Income: The Supreme Court And Attorneys' Fees, Stephen B. Cohen

Georgetown Law Faculty Publications and Other Works

This past term's Supreme Court decision in Commissioner v. Banks and Commissioner v. Banaitis distorts foundational principles, known as assignment of income law, which help identify the person who must report income for federal tax purposes. The Court holds that assignment of income principles require a plaintiff to report as income the portion of a recovery paid to the plaintiffs attorney as a contingent fee. As a result, the plaintiff is taxed at excessively high rates, which may in some cases equal or exceed a confiscatory 100%. Taxing the plaintiff on the attorney-fee portion of a recovery also undermines the …


Above Contempt?: Regulating Government Overreaching In Terrorism Cases, Peter Margulies Jan 2005

Above Contempt?: Regulating Government Overreaching In Terrorism Cases, Peter Margulies

Law Faculty Scholarship

Prosecutors face the continual temptation to overreach in decisions about the control of information. At each phase of a criminal proceeding, from investigation through trial, prosecutors make crucial decisions about information to disclose and highlight with courts, juries, and the public. In ordinary times, courts, defense counsel, the media, and internal sources of oversight can place some constraints, however tenuous, on the prosecutor’s efforts to monopolize the management of information. However, external events, such as the attacks of September 11, 2001, can weaken these constraints, producing alarming spikes in prosecutorial power.


Annotated Legal Bibliography On Gender Jan 2005

Annotated Legal Bibliography On Gender

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.


Obtaining Quality Employee Benefit Plan Audit Services: The Request For Proposal And Auditor Evaluation Process., American Institute Of Certified Public Accountants. Employee Benefit Plan Audit Quality Center Jan 2005

Obtaining Quality Employee Benefit Plan Audit Services: The Request For Proposal And Auditor Evaluation Process., American Institute Of Certified Public Accountants. Employee Benefit Plan Audit Quality Center

Guides, Handbooks and Manuals

No abstract provided.


Inadmissible In Iberia: The Fate Of Asylum Seekers In Spain And Portugal, Maryellen Fullerton Jan 2005

Inadmissible In Iberia: The Fate Of Asylum Seekers In Spain And Portugal, Maryellen Fullerton

Faculty Scholarship

No abstract provided.


A Community-Based Holistic Wellness Program For Adults Living With Hiv/Aids, Katie Kohler, Ranae Selzer Jan 2005

A Community-Based Holistic Wellness Program For Adults Living With Hiv/Aids, Katie Kohler, Ranae Selzer

Occupational Therapy Capstones

No abstract provided.


Table Of Contents Jan 2005

Table Of Contents

Public Interest Law Reporter

No abstract provided.


Legal Needs Study Exposes Need For Expanding Civil Legal Services, Kendra Reinshagen Jan 2005

Legal Needs Study Exposes Need For Expanding Civil Legal Services, Kendra Reinshagen

Public Interest Law Reporter

No abstract provided.


Public Interest Student Profiles, Gabe Conroe, Christina Hynes Mesco, Beth Hofmeister Jan 2005

Public Interest Student Profiles, Gabe Conroe, Christina Hynes Mesco, Beth Hofmeister

Public Interest Law Reporter

No abstract provided.


Pregnant Women Inmates: Evaluating Their Rights And Identifying Opportunities For Improvements In Their Treatment, Kelly Parker Jan 2005

Pregnant Women Inmates: Evaluating Their Rights And Identifying Opportunities For Improvements In Their Treatment, Kelly Parker

Journal of Law and Health

Pregnant women incarcerated at the time of our nation's founding faced the prospect of giving birth in their cells alone and a considerable likelihood that their infants would die. This is somewhat unsurprising. At this time infant mortality rates were high. Given the pace of advances in the treatment of pregnant women since that time, one might expect that the experience of pregnant women incarcerated in today's correctional facilities would have improved as it has for their peers on the outside. That, however, would be an unrealistic assumption. In addition to facing decidedly substandard environments in some facilities - inappropriate …


Law And Development As Democratic Practice, Thomas F. Mcinerney Jan 2005

Law And Development As Democratic Practice, Thomas F. Mcinerney

Vanderbilt Journal of Transnational Law

The importance of law and institutions to development is now widely recognized. Significant amounts of development assistance now target legal and institutional reform. These efforts have generally viewed legal and institutional reform as technical matters. Designing laws and institutions appropriate to local circumstances has been seen as primarily requiring the application of competent expertise. Yet practitioners in this field may gain a different perspective. Reforms that on paper seem wise may not get implemented, and those that are implemented may not achieve their intended aims. In this Article, the Author contends that one reason for this outcome is the failure …


Ethics Year In Review, Caitlin Whitwell Jan 2005

Ethics Year In Review, Caitlin Whitwell

Santa Clara Law Review

No abstract provided.