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2006

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Articles 931 - 960 of 1047

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A Double Standard For Lawyer Dishonesty: Billing Fraud Versus Misappropriation, Lisa G. Lerman Jan 2006

A Double Standard For Lawyer Dishonesty: Billing Fraud Versus Misappropriation, Lisa G. Lerman

Hofstra Law Review

No abstract provided.

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Reconsidering The Corporate Attorney-Client Privilege: A Response To The Compelled-Voluntary Waiver Paradox, Lonnie T. Brown Jr. Jan 2006

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

Hofstra Law Review

Many within the legal profession are presently of the opinion that the protection traditionally accorded by the corporate attorney-client privilege is being seriously eroded, if not completely destroyed. This sentiment has largely been inspired by the perceived effect of government use of what I refer to as "compelled-voluntary" waiver in the context of investigations into corporate wrongdoing. Various governmental bodies employ this waiver device, but the United States Department of Justice ("DOJ") is perhaps the best known and certainly the most vilified.

The DOJ guidelines for prosecuting corporations, embodied first in the so-called "Holder Memorandum" and now in the "Thompson …

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Risky Business, Milton C. Regan Jan 2006

Risky Business, Milton C. Regan

Georgetown Law Faculty Publications and Other Works

This article is part of an exchange including Anthony Alfieri and William Simon in the Georgetown Law Journal on the implications of law firms' increasing reliance on the concept of risk management as the focus of efforts to ensure ethical conduct by lawyers. A risk management program involves the adoption of various policies and procedures designed to minimize conduct that may lead to individual and firm liability. Conflicts checking procedures, standard terms in engagement letters, and the requirement of a second signature by a disinterested partner on legal opinions are but a few of such measures. On one hand, the …

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The Liberal Legacy Of Bush V. Gore, David Cole Jan 2006

The Liberal Legacy Of Bush V. Gore, David Cole

Georgetown Law Faculty Publications and Other Works

This article examines the last ten years of the Rehnquist Court, which was divided evenly by the Court's highly controversial intervention in the 2000 presidential election, Bush v. Gore. I compare the Court's record before and after that decision both qualitatively and quantitatively, and argue that the Court shifted noticeably to the left, particularly in high-profile cases, after Bush v. Gore, as conservative Justices showed a greater willingness to side with their liberal colleagues to reach liberal results. I hypothesize that this may have reflected an effort, conscious or subconscious, to restore the Court's legitimacy by counteracting images of a …

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Taking Diversity Seriously: Affirmative Action And The Democratic Role Of Law Schools: A Response To Professor Brown, Carla Pratt Jan 2006

Taking Diversity Seriously: Affirmative Action And The Democratic Role Of Law Schools: A Response To Professor Brown, Carla Pratt

Faculty Articles

No abstract provided.

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Federalism In Corporate/Securities Law: Reflections On Delaware, California, And State Regulation Of Insider Trading, Donald C. Langevoort Jan 2006

Federalism In Corporate/Securities Law: Reflections On Delaware, California, And State Regulation Of Insider Trading, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

In this brief Essay, I offer some thoughts on both the theory and the politics underlying the federalism question. My comments will touch on some of the controversies and also look at a somewhat quieter question, the state regulation of insider trading. Over the course of the last few years, judges in California and Delaware have traveled markedly different routes on questions involving the states' role in regulating insider trading. A California court of appeal has recently expanded the reach of the state insider trading statute to cover a claim alleging misconduct in California by an executive of a Delaware …

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Global Collaboration In Law Schools: Lessons To Learn, Elizabeth B. Cooper Jan 2006

Global Collaboration In Law Schools: Lessons To Learn, Elizabeth B. Cooper

Fordham International Law Journal

This Introduction to the Symposium, Global Alliance for Justice Education (“GAJE”) North American Regional Conference, discusses four articles in the Fordham International Law Journal that advance a growing goal of the GAJE: developing scholarship to facilitate justice education and increasing awareness of the global justice movement. Each of the following four articles identifies ways in which collaborating law professors in significantly different contexts--China, South Africa, Nicaragua, and the United States--can learn from each other to develop vital programs of legal education and to strive for social justice.

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Expanding And Sustaining Clinical Legal Education In Developing Countries: What We Can Learn From South Africa , Peggy Maisel Jan 2006

Expanding And Sustaining Clinical Legal Education In Developing Countries: What We Can Learn From South Africa , Peggy Maisel

Fordham International Law Journal

This Article reviews the development of clinical education in South Africa and the valuable lessons such an analysis provides for those seeking to promote clinical education elsewhere. This Article reviews the obstacles faced in South Africa and the creative ways clinicians have attempted to overcome them, some much more successful than others.

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Standing Of Private Plaintiffs To Annul Generally Applicable European Community Measures: If The System Is Broken, Where Should It Be Fixed?, Xavier Lewis Jan 2006

Standing Of Private Plaintiffs To Annul Generally Applicable European Community Measures: If The System Is Broken, Where Should It Be Fixed?, Xavier Lewis

Fordham International Law Journal

This Article will examine the problem of the standing of private litigants by putting the action for annulment in its context. It will describe briefly how the Treaty of Rome set up a complex system in which the acts of the EC Institutions could be reviewed, a task that is shared between the European Courts and the courts of the Member States. It will also describe briefly the different correctives introduced by the Court of Justice and the Court of First Instance to the system as initially envisaged. It will be seen that a good deal of flexibility has been …

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Problems With Minimalism, Cass R. Sunstein Jan 2006

Problems With Minimalism, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Much of Justice Sandra Day O'Connor's work on the Supreme Court embodies a commitment to judicial minimalism, understood as a preference for narrow rulings, closely attuned to particular facts. This preference reflects a belief that at least in adjudication, standards ought to be preferred to rules. In many contexts, however, that belief is hard to justify, simply because it imposes severe decision-making burdens on others and may well create more, rather than fewer, errors. For this reason, a general preference for minimalism is no more defensible than a general preference for rules. The choice between narrow and wide rulings cannot …

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Immigration Panel, Richard Boswell, Catherine Tactaquin, Mark Silverman, Joren Lyons Jan 2006

Immigration Panel, Richard Boswell, Catherine Tactaquin, Mark Silverman, Joren Lyons

UC Law Journal of Race and Economic Justice

No abstract provided.

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Progressive Reform Panel, Shaun Marshall, Chris Daly, Medea Benjamin, Brad Seligman Jan 2006

Progressive Reform Panel, Shaun Marshall, Chris Daly, Medea Benjamin, Brad Seligman

UC Law Journal of Race and Economic Justice

No abstract provided.

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Federalism In Corporate/Securities Law: Reflections On Delaware, California, And State Regulation Of Insider Trading, Donald C. Langevoort Jan 2006

Federalism In Corporate/Securities Law: Reflections On Delaware, California, And State Regulation Of Insider Trading, Donald C. Langevoort

University of San Francisco Law Review

No abstract provided.

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Rhetoric Of Academe, Curtis E. A. Karnow Jan 2006

Rhetoric Of Academe, Curtis E. A. Karnow

University of San Francisco Law Review

This piece explores the ways in which legal education moved from clerkships in law offices to receiving law degrees from academic institutions. As such, this piece also tracks the formation of legal precedent over time, which too, has shifted from rigid reliance on case law, to more reliance on academic rhetoric propounded by legal scholars.

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The Constitution And Judicial Independence - The 2005 Judge William H. Keady Lecture, James E. Graves Jr. Jan 2006

The Constitution And Judicial Independence - The 2005 Judge William H. Keady Lecture, James E. Graves Jr.

MC Law Review

2005 Judge William H. Keady Lecture

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Sexual Abuse Of Women In Prison: A Modern Corollary Of Slavery, Brenda V. Smith Jan 2006

Sexual Abuse Of Women In Prison: A Modern Corollary Of Slavery, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This paper addresses the sexual abuse of women in custody as a more contemporary manifestation of slavery and discusses the congruencies and the differences that exist between the sexual abuse of women in custody and slavery. The paper charts the history of the parallel abolition and prison reform movements and examines their divergent paths arguing that the women's movement abandonment of prison advocacy has harmed the women in prison movement. The article concludes that the embrace of human rights norms has assisted in providing new avenues for redressing the sexual abuse of women in custody.

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Feminist Legal Theory And Human Trafficking In The United States: Towards A New Framework, Cynthia L. Wolken Jan 2006

Feminist Legal Theory And Human Trafficking In The United States: Towards A New Framework, Cynthia L. Wolken

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

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International Antitrust, Fiona A. Schaeffer, Christopher V. Roberts, Idit Froim, Eric S. Hochstadt Jan 2006

International Antitrust, Fiona A. Schaeffer, Christopher V. Roberts, Idit Froim, Eric S. Hochstadt

The International Lawyer

No abstract provided.

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From Fretting Takeovers To Vetting Cfius: Finding A Balance In U.S. Policy Regarding Foreign Acquisitions Of Domestic Assets, Gaurav Sud Jan 2006

From Fretting Takeovers To Vetting Cfius: Finding A Balance In U.S. Policy Regarding Foreign Acquisitions Of Domestic Assets, Gaurav Sud

Vanderbilt Journal of Transnational Law

Merger law in the United States has historically relied on a system of private ordering with as little intervention from the federal government as possible. This scheme lies in stark contrast to the merger law of many other developed nations and, as such, has become a trademark of U.S. corporate law. Recent events, however, have brought into question the system's desirability in cross-border transactions where foreign entities are investing in U.S. assets. Proponents of reform argue that the federal government should become more involved in the approval process for these transactions given increased concerns of national security, while opponents argue …

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Services As Objects Of International Trade: Bartering The Legal Profession, Louise L. Hill Jan 2006

Services As Objects Of International Trade: Bartering The Legal Profession, Louise L. Hill

Vanderbilt Journal of Transnational Law

The General Agreement on Trade in Service calls for members of the World Trade Organization (WTO) to further liberalize and expand opportunities for international trade in services. With legal services included in this mandate, requests for specific commitments and offers have been made by WTO Member States. While services as components of international trade is new to many of the WTO Member States, free movement of services has been addressed by the European Union (EU) since the inception of the European Economic Community. Thus EU directives, declarations, codes and case law serve as valuable resources to WTO Member States as …

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The Responsible Role For International Charitable Grantmaking In The Wake Of The September 11, 2001 Terrorist Attacks, Christine H. Anthony Jan 2006

The Responsible Role For International Charitable Grantmaking In The Wake Of The September 11, 2001 Terrorist Attacks, Christine H. Anthony

Vanderbilt Journal of Transnational Law

This Note argues that a collaborative information collection and sharing effort would protect charities from becoming law enforcement agencies and would ensure that U.S. altruism is properly monitored and reaching the areas of the world most in need. A robust system of international charitable giving is a vital element in the promotion of "civil society" and the fight against terrorist attitudes and sympathies. The U.S. government and non-profit sector must combine resources and efforts to continue to promote global charitable participation with an updated approach to grant-making and fund oversight.

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Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein Jan 2006

Caregivers In The Courtroom: The Growing Trend Of Family Responsibilities Discrimination, Joan C. Williams, Stephanie Bornstein

University of San Francisco Law Review

This Articles describes how attorneys bringing FRD claims face a threshold conceptual issue:How should plaintiffs frame FRD cases under existing discrimination law when neither "mother" nor "parent" is a protected classification? The solve this threshold issue, this Article suggests that FRD cases need not be shoehorned into protections for pregnancy nor require individual accommodations to be litigable. FRD cases can be litigated as straightforward gender discrimination cases under Title VII or under a variety of existing laws.

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2006-2007 Bgsu Catalog, Bowling Green State University Jan 2006

2006-2007 Bgsu Catalog, Bowling Green State University

Course Catalogs

No abstract provided.

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Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer Jan 2006

Why People Who Face Losing Their Homes In Legal Proceedings Must Have A Right To Counsel, Andrew Scherer

Articles & Chapters

No abstract provided.

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Impoverished Tenants In Twentieth Century America, Richard H. Chused Jan 2006

Impoverished Tenants In Twentieth Century America, Richard H. Chused

Articles & Chapters

Impoverished Tenants in Twentieth Century America, in Susan Bright (ed.), Landlord and Tenant Law: Past, Present and Future 257-276 (Hart Pub. 2006)

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Bridging The Divide: Examining The Role Of The Public Trust In Protecting Coastal And Wetland Resources, Kim Diana Connolly Jan 2006

Bridging The Divide: Examining The Role Of The Public Trust In Protecting Coastal And Wetland Resources, Kim Diana Connolly

Journal Articles

No abstract provided.

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Ancillary Service And Self-Referral Arrangements In The Medical And Legal Professions: Do Current Ethical, Legislative, And Regulatory Policies Adequately Serve The Interests Of Patients And Clinets?, Benjamin P. Falit Jan 2006

Ancillary Service And Self-Referral Arrangements In The Medical And Legal Professions: Do Current Ethical, Legislative, And Regulatory Policies Adequately Serve The Interests Of Patients And Clinets?, Benjamin P. Falit

South Carolina Law Review

No abstract provided.

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Teaching Reflective Lawyering In A Small Case Litigation Clinic: A Love Letter To My Clinic Papers Presented At The Ucla/Ials Conference On Enriching Clinical Education, Ian Weinstein Jan 2006

Teaching Reflective Lawyering In A Small Case Litigation Clinic: A Love Letter To My Clinic Papers Presented At The Ucla/Ials Conference On Enriching Clinical Education, Ian Weinstein

Faculty Scholarship

This article describes a live client, small case, teaching and learning centered, criminal defense clinic set in a high volume urban court. It offers concrete suggestions about how clinical educators can help students develop analytic and technical skills. The clinic model is conceived in three phases: giving students the opportunity to develop a contextualized understanding of the client; guiding students through strategic analysis and planning; and focusing students' litigation strategies on executing their tactical vision for their client. The article argues that this clinical setting structures the students' experiences so that they develop a complex and deeply moral lawyerly problem …

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Permissive Rules Of Professional Conduct, Bruce A. Green, Fred C. Zacharias Jan 2006

Permissive Rules Of Professional Conduct, Bruce A. Green, Fred C. Zacharias

Faculty Scholarship

No abstract provided.

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Strategies For Combating Human Trafficking Within The United States, Canada And Mexico, Dorchen A. Leidholdt Jan 2006

Strategies For Combating Human Trafficking Within The United States, Canada And Mexico, Dorchen A. Leidholdt

Intercultural Human Rights Law Review

Remarks by Dorchen A. Leidholdt, Director of the Center for Battered Women's Legal Services at Sanctuary for Families, entitled "Strategies for Combating Human Trafficking within the United States, Canada and Mexico".

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