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Articles 391 - 420 of 1038
Full-Text Articles in Entire DC Network
Attorney Malpractice In Will Drafting: Will South Carolina Expand Privity To Impose A Duty To Intended Beneficiaries Of A Will?, Max N. Pickelsimer
Attorney Malpractice In Will Drafting: Will South Carolina Expand Privity To Impose A Duty To Intended Beneficiaries Of A Will?, Max N. Pickelsimer
South Carolina Law Review
No abstract provided.
Judging Judges And Dispute Resolution Processes, John M. Lande
Judging Judges And Dispute Resolution Processes, John M. Lande
Faculty Publications
This article critiques Professor Chris Guthrie's lead symposium article entitled, "Misjudging." Guthrie's article makes two major arguments. The first is a descriptive, empirical argument that judges are prone to error because of three types of "blinders" and that people underestimate the amount of such judicial error. The second argument is prescriptive, recommending that, because of these judicial blinders, disputants should consider using non-judicial dispute resolution processes generally, and particularly facilitative mediation and arbitration.This article critiques both arguments. It notes that, although Guthrie presents evidence that judges do make the kinds of errors that he describes, his article does not address …
On Misjudging And Its Implications For Criminal Defendants, Their Lawyers And The Criminal Justice System, Rodney J. Uphoff
On Misjudging And Its Implications For Criminal Defendants, Their Lawyers And The Criminal Justice System, Rodney J. Uphoff
Faculty Publications
Unquestionably, judges misjudge. Even the most arrogant of judges ultimately will concede that all judges err and, at some point, fail to apply governing law to the facts of the case accurately. Although all might agree that judges err, not all judges, lawyers, and scholars agree on how judges should behave or on what constitutes good judging. Not surprisingly, they also disagree about misjudging and the frequency with which it occurs.In his provocative article Misjudging, Chris Guthrie contends that “misjudging is more common, more systematic, and more harmful than the legal system has fully realized.” Based on my observations and …
Globalization And The Pan-American Highway: Converns For The Panama-Columbia Border Region Of Darién-Chocó And Its Peoples, Daniel Suman
Globalization And The Pan-American Highway: Converns For The Panama-Columbia Border Region Of Darién-Chocó And Its Peoples, Daniel Suman
University of Miami Inter-American Law Review
No abstract provided.
Furman Magazine. Volume 50 Issue 1 - Full Issue, Furman University
Furman Magazine. Volume 50 Issue 1 - Full Issue, Furman University
Furman Magazine
No abstract provided.
Giving Peace A Chance, Judith Babb Chandler-Huse
Giving Peace A Chance, Judith Babb Chandler-Huse
Furman Magazine
At the Upstate Community Mediation Center, Furman students and alumni work to help people in conflict find common ground.
Trade Barriers In Service/Investment Markets Erected By Korea And Japan, Eun Sup Lee
Trade Barriers In Service/Investment Markets Erected By Korea And Japan, Eun Sup Lee
North Carolina Journal of International Law
No abstract provided.
2007 Annual Report, University Of Maine School Of Law
2007 Annual Report, University Of Maine School Of Law
Clinic Annual Report
No abstract provided.
Yet Another Gender Study? A Critique Of The Harvard Study And A Proposal For Change, Morrison Torrey
Yet Another Gender Study? A Critique Of The Harvard Study And A Proposal For Change, Morrison Torrey
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
History, Principles, Context, And Approach: The Special Homeless Initiative Of The Massachusetts Department Of Mental Health, Martha R. Burt
History, Principles, Context, And Approach: The Special Homeless Initiative Of The Massachusetts Department Of Mental Health, Martha R. Burt
Center for Social Policy Publications
Preventing homelessness or ending it quickly for Massachusetts residents with serious mental illness (SMI) has been a strong element of the Department of Mental Health’s agenda for approximately two decades. The Department of Mental Health (DMH, or the Department) estimates that the Commonwealth of Massachusetts is home to approximately 48,000 adults with SMI. Of these, the Department serves the most disabled and the poorest. Client incomes hover around 15 percent of the area median income. Most clients are not employed, and rely on SSI-SSDI benefits for their income. DMH efforts to prevent or end homelessness for its clients have been …
Challenges And Guidance For Lawyering In A Global Society, Susan Saab Fortney
Challenges And Guidance For Lawyering In A Global Society, Susan Saab Fortney
Faculty Scholarship
This foreword provides an overview of some key aspects of law practice that have changed over the last thirty years. Advancements in technology that allow communication and interaction across borders have facilitated lawyers in globalizing their practice locality. Consequently, new issues regarding comparative ethics have arisen. This foreword suggests that ethics rules have not kept pace with the changing landscape of law practice and uses current standards for advanced waivers, rules relating to contracts with represented and unrepresented persons, and the proper use of ethics rules in civil litigation to illustrate this point. This foreword raises concern over the erosion …
Predatory Structured Finance, Christopher L. Peterson
Predatory Structured Finance, Christopher L. Peterson
Cardozo Law Review
No abstract provided.
Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly Moran, Stephanie Wildman
Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly Moran, Stephanie Wildman
Faculty Publications
In response to the prevalent view that American law and legal institutions are class and color blind, this Article provides examples of how legal institutions sometimes do create and maintain racialized wealth disparities. The Article offers examples of this phenomenon by examining a sequence of federal judicial decisions, the federal taxing statutes, the role of legal education, and access to legal services. These examples are instructive because they cut across a broad spectrum of components of the American legal system. By revisiting issues of race and wealth in different legal settings from the Constitution to federal cases, the tax system, …
"It's Like Deja Vu All Over Again": Williams V. Taylor, Wiggins V. Smith, Rompilla V. Beard And A (Partial) Return To The Guidelines Approach To The Effective Assistance Of Counsel, John H. Blume, Stacey D. Neumann
"It's Like Deja Vu All Over Again": Williams V. Taylor, Wiggins V. Smith, Rompilla V. Beard And A (Partial) Return To The Guidelines Approach To The Effective Assistance Of Counsel, John H. Blume, Stacey D. Neumann
Cornell Law Faculty Publications
Shoddy lawyering in capital cases is well documented. Many defendants facing the death penalty end up on death row not because of the heinousness of the crime they committed but rather because of the poor quality of trial counsel's performance. Despite the acknowledgment of sometimes shockingly poor representation by academics, litigators and even judges, most post-conviction claims of ineffective assistance of counsel are unsuccessful. Why? The legal standard for adjudicating these allegations which the Court adopted in Strickland v. Washington, which requires a defendant to demonstrate that his lawyer's performance was outside the "wide range of competent assistance" and that …
Institutionalizing Public Service In Law School: Results On The Impact Of Mandatory Pro Bono Programs, Robert Granfield
Institutionalizing Public Service In Law School: Results On The Impact Of Mandatory Pro Bono Programs, Robert Granfield
Buffalo Law Review
No abstract provided.
Habermas, Legal Legitimacy, And Creative Cost Awards In Recent Canadian Jurisprudence, Michael Fenrick
Habermas, Legal Legitimacy, And Creative Cost Awards In Recent Canadian Jurisprudence, Michael Fenrick
Dalhousie Law Journal
Access to justice continues to be a live issue in Canadian courtrooms. While state-sponsored initiatives that promote access continue to flounder in Canada or in some cases, are cancelled altogether, the pressure is mounting to find creative solutions that facilitate greater participation in formal dispute resolution processes. The price of failing in this regard is very high. To truly flourish, both social cohesion and individual liberties require a more participatory and inclusive legal system than the one that currently precludes all but the wealthiest from accessing our courts. Drawing on the legal philosophy of Jargen Habermas, the author examines access …
Bridging The "Philosophical Void" In Punitive Damages: Empowering Plaintiffs And Society Through Curative Damages, Leah R. Mervine
Bridging The "Philosophical Void" In Punitive Damages: Empowering Plaintiffs And Society Through Curative Damages, Leah R. Mervine
Buffalo Law Review
No abstract provided.
The Compass Rose Vol. Xxi, No. 1, University Of Texas At Arlington Library Special Collections & Archives
The Compass Rose Vol. Xxi, No. 1, University Of Texas At Arlington Library Special Collections & Archives
The Compass Rose
The purpose of The Compass Rose is to raise awareness of Special Collections' resources and to foster the use of these resources. The newsletter also reports significant new programs, initiatives, and acquisitions of Special Collections. The issues included here are scans of print newsletters from the 1990s and 2000s. Current issues and posts of The Compass Rose can now be accessed on the UTA Libraries Compass Rose Blog.
Perspectives, Spring 2007, Western New England College School Of Law
Perspectives, Spring 2007, Western New England College School Of Law
Perspectives Alumni Magazine
No abstract provided.
The Court's Failure To Re-Enfranchise Felons Requires Congressional Remediation, Otis H. King, Jonathan A. Weiss
The Court's Failure To Re-Enfranchise Felons Requires Congressional Remediation, Otis H. King, Jonathan A. Weiss
Pace Law Review
No abstract provided.
Judging Magic: Can You See The Sleight Of Hand?, Rebecca Johnson
Judging Magic: Can You See The Sleight Of Hand?, Rebecca Johnson
Michigan Law Review
Cultural critic bell hooks says, "Movies make magic. They change things. They take the real and make it into something else right before our very eyes." Movies do not, of course, have an exclusive hold on this ability to change one thing into something else. Law, too, possesses this power. Certainly, one must acknowledge some significant differences in the "magic" of filmic and legal texts. For the most part, as willing consumers of cultural products, we "choose" to subject ourselves to the magic of film. We sit in a darkened theater and let ourselves be taken away to a different …
The Realm Of The Red Queen: Facing Change In The 21st Century, Shelby R. O'Hair
The Realm Of The Red Queen: Facing Change In The 21st Century, Shelby R. O'Hair
Senior Honors Theses
Change in the 21st century occurs at an accelerated pace. American companies who wish to remain competitive in the emerging world market must change the way they face their respective industries and ultimate consumers. The primary drivers that propel this change are global competition, new technologies, and the constricting labor market. In order to face these challenges, survivors are embracing the idea of becoming “learning companies” as defined by Peter Senge This case study follows O’Hair Shutters, Ltd. as the company faces change with other likeminded businesses adapting to survive.
The Rehnquist Court: A "By The Numbers" Retrospective, Lori A. Ringhand
The Rehnquist Court: A "By The Numbers" Retrospective, Lori A. Ringhand
Scholarly Works
The late Chief Justice William Rehnquist presided over the U.S. Supreme Court for nineteen years, longer than any other Chief Justice in the 20th century. Despite this longevity, however, there is little consensus on just what the legacy of the Rehnquist Court is. Was the Rehnquist Court a restrained Court that embraced a limited, text-based reading of the Constitution? Or was it a much more aggressive Court, responsible for a resurgence of conservative judicial activism? Is it best epitomized by the “swaggering confidence” that put a President in office, or the cautious minimalism that disappointed its conservative supporters by failing …
Foreword, Johnathan K. Ocko
Foreword, Johnathan K. Ocko
Duke Journal of Comparative & International Law
No abstract provided.
Capital Defense Lawyers: The Good, The Bad, And The Ugly, Sean D. O'Brien
Capital Defense Lawyers: The Good, The Bad, And The Ugly, Sean D. O'Brien
Michigan Law Review
Professor Welsh S. White's book Litigating in the Shadow of Death: Defense Attorneys in Capital Cases collects the compelling stories of "a new band of dedicated lawyers" that has "vigorously represented capital defendants, seeking to prevent their executions" (p.3). Sadly, Professor White passed away on New Year's Eve, 2005, days before the release of his final work. To the well-deserved accolades of Professor White that were recently published in the Ohio State Journal of Criminal Law, I can only add a poignant comment in a student blog that captures his excellence as a scholar and educator: "I wanted to …
Dialogue Magazine, Spring 2007
Dialogue Magazine, Spring 2007
Dialogue, the magazine of the DePaul University College of Law
No abstract provided.
Amicus (Volume 6, Issue No. 1) (Spring 2007), Roger Williams University School Of Law
Amicus (Volume 6, Issue No. 1) (Spring 2007), Roger Williams University School Of Law
Amicus
No abstract provided.
Portales Mainstreet: Community Economic Assessment, Jeffrey Mitchell
Portales Mainstreet: Community Economic Assessment, Jeffrey Mitchell
BBER Publications
An analysis of economic conditions in Portales, New Mexico, commissioned for its MainStreet economic development program. The Portales MainStreet district and regional trade area are described and illustrated. Selected demographic, housing, and economic data for Portales, Roosevelt County, and the Eastern Plains region (Guadalupe, De Baca, and Quay counties) are examined. Using location quotients and pull factors, the author assesses the local economys strengths and weaknesses. The report concludes with a discussion of opportunities and challenges for the area. Illustrated with tables, charts, and maps.'