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Class Action Criminality, Lisa L. Casey

Journal Articles

This paper examines the criminal prosecution of Milberg Weiss, formerly the most successful plaintiffs’ securities class action firm in the country, for allegedly making undisclosed incentive payments to class representatives. In particular, the article examines the government’s primary charge - that the firm’s practice violated the “honest services” theory of mail and wire fraud. The government’s application of this theory presumes a fiduciary relationship between the class representatives and the class which has never been clearly delineated and, indeed, is against the weight of case law and the realities of class action litigation.

The Article proceeds on two different levels. …

What Is This "Lobbying" That We Are So Worried About?, Lloyd Hitoshi Mayer

Journal Articles

Lobbying is both an essential part of our democratic process and a source of some of our greatest fears about dangers to that process. Yet when Congress, the public, and scholars consider loosening or, as is more often the case, tightening the restrictions on lobbying, they usually assume that everyone knows what activities are in fact lobbying. They therefore overlook the fact that multiple definitions of lobbying currently exist in the various federal laws addressing lobbying. This Article seeks to fill this gap by answering the question of how lobbying should be defined for purposes of the existing federal laws …

Report Of William & Mary Marshall-Wythe School Of Law 2007-2008, William & Mary Law School

Annual Report

No abstract provided.

The Importance Of An Independent Bar, Stephen A. Saltzburg

GW Law Faculty Publications & Other Works

This paper, presented at International Bar Association's 10th Transnational Crime Conference in Washington, D.C., on June 9, 2007 begins from the premise that, as the world becomes more complex and therefore more dangerous, governments seek to limit individual rights in the name of crime control and/or national security. The paper cautions that we must always keep in mind that individual rights once lost are not easily regained. Accordingly, the unique and important role of an independent bar in protecting and defending liberty is more, not less, important than ever before. Thus, the efforts of the lawyers, military and civilian, to …

The Riaa Litigation War On File Sharing And Alternatives More Compatible With Public Morality, Daniel Reynolds

Minnesota Journal of Law, Science & Technology

No abstract provided.

The U.S. Social Economy And The Commons Model Of Production, Roger A. Lohmann

Faculty & Staff Scholarship

Recent work in Canada and Europe has re-emphasized the place of nonprofit organizations, as that term is conventionally understood in the broader context of social economy. Although not generally recognized by U.S. and international scholars, a distinctive concept of social economy largely compatible with the Canadian and European formulations is embedded in U.S. constitutional, corporate, charitable and tax law. However, its full recognition is discouraged in the current U.S. political culture and third sector studies. The U.S. social economy provides full and robust, recognition of the social, political and economic organizations known as commons, as well as nonprofit firms.

Usa Power Llc, Usa Power Partners, Llc, And Spring Canyon Energy Llc V. Pacificorp, Jody L. Wililams And Holme, Roberts & Owen, Llp : Brief Of Appellee, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, THE HONORABLE TYRONE E. MEDLEY CIVIL NO. 050903412

Ethical Considerations For Attorneys Responding To A Data-Security Breach, Robert J. Scott, Julie Machal-Fulks

Northwestern Journal of Technology and Intellectual Property

Attorneys increasingly are confronting the significant ethical issues raised when a data-security breach occurs. Many traps exist for the unwary in this evolving area of the law, especially in light of concerns regarding e-discovery and a lack of judicial interpretation of applicable statutes. This article provides a legal framework in this area of the law and explores ethical considerations arising when an attorney represents a client who has suffered a data-security breach.

Staying In Orbit, Or Breaking Free: The Relationship Of Mediation To The Courts Over Four Decades, Robert A. Baruch Bush

Hofstra Law Faculty Scholarship

The acceptance and use of mediation by courts--at the state and federal level-- has grown steadily over the last several decades. Today, mediation is a central element in the overall case-management system of many courts, and this phenomenon continues to grow unabated.At the same time, however, another quite different phenomenon has emerged--the expression of serious criticism from mediation scholars and experts about the way mediation is used by the courts. Indeed, it appears that judges and lawyers in the court system, on the one hand, and mediation experts on the other, understand court-related mediation--and mediation itself--in very different terms. Ironically, …

The Winding Road From Form To Function: A Brief History Of Contemporary Marriage, J. Herbie Difonzo, Ruth C. Stern

Hofstra Law Faculty Scholarship

Consider this contrast: American marriage was once “rigid, work-centered, custom regulated, with well-defined roles for husband, wife, and children,” but now may be characterized as “flexible, pleasure-centered, cooperatively regulated, with loosely defined roles for husband, wife, and children.” The accuracy of this comparison between conjugal unions past and present may be debated, although on the whole the distinction it draws seems defensible. What might startle the reader, however, is that quoted contrast appeared in a 1955 college sociology text entitled “Making the Most of Marriage.” The author, noted sociologist Paul H. Landis, celebrated the pliable, fun-loving marriage of his time …

Introduction Of Jack B. Weinstein, Margaret Berger

Seton Hall Law Review

No abstract provided.

When And Why Lawyers Are The Problem, David A. Hyman

DePaul Law Review

No abstract provided.

Some Realism About Bar Associations, Elizabeth Chambliss, Bruce A. Green

DePaul Law Review

No abstract provided.

Experimenting With The Lead Plaintiff Selection Process In Securities Class Actions: A Suggestion For Pslra Reform, Andrew S. Gold

DePaul Law Review

No abstract provided.

Incentivizing Institutional Investors To Serve As Lead Plaintiffs In Securities Fraud Class Actions, Charles Silver, Sam Dinkin

DePaul Law Review

No abstract provided.

International Trafficking In Persons: Suggested Responses To A Scourge Of Humankind, Franklyn M. Casale

Intercultural Human Rights Law Review

"International Trafficking in Persons: Suggested Responses to a Scourge of Humankind", a statement presented by Rev. Monsignor Franklyn M. Casale (St. Thomas University President) to the Distinguished Members of the United States House of Representatives Committee on Foreign Affairs.

A Tribute To Robert L. Oakley: Remembering Bob Oakley, Roger F. Jacobs

Journal Articles

A tribute to Robert L. Oakley, Professor and Law Librarian (1945-2007).

Amicus (Volume 6, Issue No. 2) (Winter 2008), Roger Williams University School Of Law

Amicus

No abstract provided.

Forced Labor In The United States: A Contemporary Problem In Need Of A Contemporary Solution, Chrissey Buckley

Human Rights & Human Welfare

Legal slavery ended in the United States in 1865, yet the practice of forcing individuals to work against their will, oftentimes in inhumane conditions, continues today. Currently there are around 50,000 people working in forced labor situations in the United States (Bales 47). Although this number is smaller than it was during the 18th century, finding and freeing these individuals is difficult because they are hidden away and exploited. The United States is now at a critical juncture in its struggle to end forced labor. In 2000, the U.S. Government enacted legislation that holds perpetrators of forced labor accountable, and …

The Model Rules Of Professional Conduct And Serving The Non-Legal Needs Of Clients: Professional Regulation In A Time Of Change, Robert Rubinson

All Faculty Scholarship

The practice of law is changing. Lawyers who act solely as advocates and zealous representatives of clients in legal matters still represent the core of what lawyers do and of how many lawyers see their work, but other trends are filtering into "on the ground" practice. Increasing numbers of lawyers are mediating, consulting on traditionally non-legal issues, and approaching clients' needs "holistically" by associating with and integrating other professional services. These trends cut across virtually all segments of the profession, from prosecutors and criminal defense lawyers, to lawyers whose practices involve, among other things, public interest work, personal injury, family …

Access To Justice - Rights Or Rations? Comparing European Legal Aid Systems In The Context Of A Shrinking Budgetary Environmentâ, Lynne Follett

The Plymouth Law and Criminal Justice Review

The inspiration for this thesis was derived from a week spent in the family law department of a local solicitor's practice. The UK government's reforms to the legal aid system were about to be implemented and appeared to be affecting the work undertaken as well as the morale of the solicitors working there. The discussion reviews the recent and proposed reforms to legal aid in England and Wales and their effect on access to justice. A comparison is made with other legal aid systems within the EU, examining best practices and the rationale behind implementation of reforms in order to …

Civil Evidence, Angela C. Zambrano, Margaret H. Allen, John O'Connor

SMU Law Review

No abstract provided.

Blending Doctrine, Practice, And Purpose In Legal Education: The Case For An Integrated Pedagogy, Debra M. Schneider

Theses and Dissertations

Traditional legal education is sorely imbalanced. A law student receives rigorous training in legal doctrine and analytical skills—he learns to "think like a lawyer"—but is left with little training in practical skills or his ethical role in society. Moreover, law schools rely almost exclusively on the ineffectual pedagogy of the case-dialogue, or "Socratic," method. Several factors explain this entrenched imbalance, most notably the academy's top-down power structure and its budget constraints. Increasingly, however, the marketplace is demanding practice-ready lawyers who have strong training not only in doctrine but in practical skills and ethics. Law schools, responding to this market pressure, …

Richmond Law Magazine: Winter 2008

Richmond Law Magazine

Features:

New Faculty Excel

State of the Family

A Summer at Cambridge

Women Power

Nuisance-Value Patent Suits: An Economic Model And Proposal, Ranganath Sudarshan

Santa Clara High Technology Law Journal

No abstract provided.

Statistical Abstract And Data Sources _2008, University Of New Mexico Bureau Of Business And Economic Research

BBER Publications

This report provides a comprehensive overview of New Mexico's economy in 2008, including economic forecasts, employment trends, population change, exports, manufacturing, tourism, county profiles, and comparative state data. Prepared for the Annual Economic Outlook Conference, it serves as a reference resource for researchers, planners, businesses, and policymakers seeking current demographic and economic information on New Mexico.

A Vexatious Problem Among Many: In Light Of The Conflict Between The Fifth And Sixteenth Amendments, Is Taxation An Uncompensated Taking?, Mark R. Jundt, Vernon R. Pederson

North Dakota Law Review

No abstract provided.

Reporters Without Borders, Sumana Chattopadhyay

College of Communication Faculty Research and Publications

No abstract provided.

Parent's Guide, 2008-2012, Illinois State University, Dean Of Students Office, Parent Services

Parent and Family Guide

Campus guide prepared by the Illinois State University Dean of Students Office's Parent Services Department

Canadian Legal Ethics: Ready For The Twenty-First Century At Last, Adam M. Dodek

Osgoode Hall Law Journal

This article analyzes the transformation in the scholarship of legal ethics that has occurred in Canada over the last decade, and maps out an agenda for future research. The author attributes the recent growth of Canadian legal ethics as an academic discipline to a number of interacting factors: a response to external pressures, initiatives within the legal profession, changes in Canadian legal education, and the emergence of a new cadre of legal ethics scholars. This article chronicles the public history of legal ethics in Canada over the last decade and analyzes the first and second wave of scholarship in the …