Digital Commons Network^™

The Attorney As Advocate And Witness: Does The Prohibition Of An Attorney Acting As Advocate And Witness At A Judicial Trial Also Apply In Administrative Adjudications, Arnold Rochvarg

All Faculty Scholarship

In every state, the professional rules of conduct contain a prohibition on an attorney acting as both an advocate for their client and a witness in the same trial. The "lawyer as witness" rule has, however, been inconsistently applied in administrative adjudications. This article analyzes the split of authority in the use of this rule and proposes a solution as how the issue should be resolved.

Ample support for applying the lawyer as witness rule to administrative adjudications may be found in administrative decisions, judicial opinions and state bar association ethics committee opinions. There is, however, conflicting authority that rejects …

Beyond Litigation: Legal Education Reform In Japan And What Japan's New Lawyers Will Do, George Schumann

University of Miami International and Comparative Law Review

No abstract provided.

Notre Dame Lawyer - Spring 2006, Notre Dame Law School

Notre Dame Lawyer

Learning What It Means to be a Different Kind of Lawyer
Student participants are reminded why they came to law school.

Tennis and Top Buttons: Remembering William Rehnquist
Prof. Richard Garnett eulogizes his former mentor.

The Far Reach of the Dome’s Shadow: Discovery in Asia
Prof. Joseph Bauer travels 7,000 miles to discover Asia.

The Law Library: A Twenty-Year Odyssey
Departing Associate Prof. Roger Jacobs reflects on the past 20 years.

People, Books, Quiet Action: The Emblems of a Friend
Prof. Walter Pratt salutes his departing friend.

Center for Civil and Human Rights: Continuing a Tradition
Firmly grounded in its …

A World Of Evergreen Fees? In Re Pan American Hospital And Evergreen Retainers In Chapter 11 Reorganizations, Steven E. Seward

University of Miami Law Review

No abstract provided.

Multijurisdictional Practice Of Law Under The Revised South Carolina Rules Of Professional Conduct, Jane Hawthorne Merrill

South Carolina Law Review

No abstract provided.

The Legal Status Of Pregnant And Parenting Youth In Foster Care, Cynthia Godsoe, Eve Stotland

Faculty Scholarship

No abstract provided.

Living Monuments, A. Scott Henderson

Furman Magazine

Truman Scholars carry on former president's legacy.

Living Monuments: Freedom To Learn And Grow, Lisa Stevens Gilford '90

Furman Magazine

No abstract provided.

Statement On The Functions And Future Of Appellate Lawyers, The American Academy Of Appellate Lawyers

The Journal of Appellate Practice and Process

No abstract provided.

The Old Order Changes, Shirley S. Abrahamson

The Journal of Appellate Practice and Process

No abstract provided.

2006 Annual Report, University Of Maine School Of Law

Clinic Annual Report

No abstract provided.

Common Law, Common Sense: Fiduciary Standards And Trustee Identity, Melanie B. Leslie

Cardozo Law Review

No abstract provided.

Rethinking Regulation Of Advertising Aimed At Children, William A. Ramsey

Federal Communications Law Journal

In 1990, Congress passed the Children's Television Act ("CTA"), which directed the FCC to establish standards for broadcasters regarding the amount of children's programming aired and to enforce limits on the amount of commercial time aired during children's programming. The limits are meant to protect children from various harms caused by advertising aimed at children. This Note examines the constitutionality and the effectiveness of these commercial limits. The Note concludes that while the CTA's commercial limits are probably constitutional under the Court's test for regulations of commercial speech, the limits do not provide children with adequate protection from the harms …

Non-Analytical Thinking In Law Practice: Blinking In The Forest, Kandis Scott

Faculty Publications

Non-analytical thinking is indispensable to good legal representation .Despite its importance in law practice, it is devalued and neglected in the conventional law school curriculum. Even in clinical legal education, where the potential to teach students to use this mode of thinking is most obvious, the elevation of theory and analysis has stifled the impulse of clinical professors to teach students to "blink." One way law schools can counteract this trend, and thereby better train law students for practice, is to enhance clinical teachers' nonanalytical skills through more practice opportunities.

Alcohol-Related Car Accidents - The Eighth Circuit Moves Toward Policy Change In Erisa Litigation, Marcus Wilbers

Missouri Law Review

According to the National Center for Statistics and Analysis, the 16,694 alcohol-related fatalities in 2004 accounted for 39% of all traffic deaths. Although declining slightly from previous years, alcohol-related driving deaths are tragic, and their devastating effects on families are readily apparent. Although typically dubbed "drunk-driving accidents," courts have traditionally refused to describe these deaths as "accidental." This is particularly true when decedents or their beneficiaries attempt to collect accidental death benefits under the Employment Retirement Income Securities Act ("ERISA"). Focusing on the previously mentioned statistics, courts have often reflected the social intolerance for drunk driving in their decisions. Courts, …

J Am Coll Dent 2006 73 2

Journal of the American College of Dentists

The Journal of the American College of Dentists (JACD) publishes scholarly articles, editorials, essays, and reflections addressing the ethical, professional, and social dimensions of dentistry. The Journal serves as a forum for advancing ethics, professionalism, leadership, and excellence within the dental community. By fostering dialogue across disciplines and perspectives, JACD provides readers with insights that encourage ethical, professional practice, lifelong learning, and service to the public, reinforcing dentistry’s commitment to advancing oral healthcare and the common good.

Patriotic Homosocial Discourse, Kim H. Pearson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Classroom Incivilities, Gender, Authenticity And Orthodoxy, And The Limits Of Hard Work: Four Lenses For Interpreting A "Failed" Teaching Experience, Deborah Maranville

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Internationalizing U.S. Legal Education: A Report On The Education Of Transnational Lawyers, Carole Silver

Cardozo Journal of International and Comparative Law

This Article analyzes the role of U.S. law schools in educating foreign law graduates and the increasingly competitive global market for graduate legal education. U.S. law schools have been at the forefront of this competition, but little has been reported about their graduate programs. This Article presents original research on the programs and their students, drawn from interviews with directors of graduate programs at thirty five U.S. law schools, information available on law school web sites about the programs, and interviews with graduates of U.S. graduate programs. Finally, the Article considers the responses of U.S. law schools to new competition …

Book Notes: Access To Care, Access To Justice: The Legal Debate Over Private Health Insurance In Canada, By Colleen M. Flood, Kent Roach And Lorne Sossin (Eds), Jean-Claude Killey

Osgoode Hall Law Journal

No abstract provided.

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.

Enforcement Of Financial Obligations In A Condominium Or Apartment Ownership Scheme, Cornelius Van Der Merwe, Luis Muñiz-Argüelles

Duke Journal of Comparative & International Law

No abstract provided.

Who Is In Charge, And Who Should Be? The Disciplinary Role Of The Commander In Military Justice Systems, Lindsy Nicole Alleman

Duke Journal of Comparative & International Law

No abstract provided.

Accurate Or Appalling: Representations Of Women Lawyers In Popular Culture, Laura Grosshans

Cardozo Public Law, Policy & Ethics Journal

The note explores the challenges and advancements faced by women in the legal profession through the characters of Amanda Bonner from Adam's Rib and Miranda Hobbes from Sex and the City. These characters, both successful female attorneys, illustrate the societal and professional obstacles women have encountered in the legal field during the latter half of the 20th century. The analysis highlights their struggles with sexism, work-life balance, and romantic relationships, while emphasizing the role of media representation in shaping public perceptions of women lawyers. The note argues that while progress has been made, achieving true equality in the legal …

Institutional And Individual Justification In Legal Ethics: The Problem Of Client Selection, W. Bradley Wendel

Cornell Law Faculty Publications

No abstract provided.

Reconsidering The Corporate Attorney-Client Privilege: A Response To The Compelled-Voluntary Waiver Paradox, Lonnie T. Brown, Jr.

Scholarly Works

The Department of Justice (“DOJ”) has adopted guidelines that seem to make waiver of the attorney-client privilege and work product protection a prerequisite for being deemed “cooperative,” a significant designation that carries with it the prospect for more favorable penal treatment. In addition, the United States Sentencing Commission underscored the potential importance of such waivers by approving an amendment to the Federal Sentencing Guidelines in 2004 that, under certain circumstances, makes privilege waiver a factor in assessing a corporation's “culpability score,” which is used in determining the appropriate sentencing range.

This perceived ever-present concern has caused many corporate executives and …

We Can't Escape Responsibility, Gene R. Nichol

Popular Media

No abstract provided.

Amicus (Volume 5, No. 2) (Spring 2006), Roger Williams University School Of Law

Amicus

No abstract provided.

Clayton Mainstreet Community Economic Assessment, Jeffrey Mitchell

BBER Publications

An economic analysis of the Clayton, New Mexico market area. Sales data from the retail and service sectors are examined to determine pull factors and leakage. Tables and charts illustrating local demographics, housing, and economic conditions are included.

"The Last Line Of Defence For Citizens": Litigating Private Health Insurance In Chaoulli V. Quebec, Christopher P. Manfredi, Antonia Maioni

Osgoode Hall Law Journal

Litigating health care policy under the Canadian Charter of Rights and Freedoms has become an increasingly common phenomenon. The judicialization of health policy in this form raises important questions about the general phenomenon of legal mobilization. This article examines these questions in the context of Chaoulli v. Quebec (2005), in which the Supreme Court invalidated Quebec's prohibition against private insurance for medical services provided through the public health care system. Among the questions this article explores are: How do such cases get into the judicial system? Under what conditions are such claims likely to be successful? What is the impact …