Digital Commons Network^™

A Critical Survey Of The Law, Ethics, And Economics Of Attorney Contingent Fee Arrangements, Adam Shajnfeld

NYLS Law Review

No abstract provided.

A Crumbling Pyramid: How The Evolving Jurisprudence Defining Employee Under The Adea Threatens The Basic Structure Of The Modern Large Law Firm, Jessica Fink

UC Law Business Journal

Under the Age Discrimination in Employment Act, as well as other federal anti-discrimination laws, only "employees" as defined by the statute are permitted to sue. In recent years, the U.S. Supreme Court and lower courts have provided guidance regarding when partners in large law firms might be deemed "employees" protected by these laws. What has emerged from the courts' decisions in these cases is a test that places significant emphasis on the amount of power and control that a partner has within a firm: Partners deemed to lack a sufficient amount of power and control within their firms may be …

Repeat Player Vs. One-Shotter: Is Victory All That Obvious, Bahaar Hamzehzadeh

UC Law Business Journal

This study tests Marc Galanter's theory in his work entitled Why the 'Haves' Come Out Ahead: Speculations on the Limits of Legal Change. In his article, Galanter argues that classes of litigants with the greatest resources and the lowest relative risk in litigation have the highest rates of success in court. Galanter explains his theory by categorizing litigants as either repeat players or oneshotters. Repeat players consist of litigants who generally have the most resources and the lowest relative risk, and one-shotters consist of litigants who generally have the least resources and the greatest relative risk. To test his theory, …

Amy B. Bott V. Jessie Lee Osburn : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Fletcher Stumph V. Kimberly V. Everhart : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPELLANT FLETCHER STUMPH'S OPENING BRIEF ON APPEAL Appeal from the Minute Entry/Order of the Third District Court, State of Utah, County of Salt Lake, The Honorable Judge Paul G. Maughan.

State Of Utah V. Harry Miller : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM A JUDGMENT OF THE THIRD DISTRICT COURT OF SALT LAKE COUNTY, UTAH, HON. WILLIAM BARRETT

Ellery Bruce Summer V. Mary Paige Summer : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

This is an appeal from the Divorce Decree entered on November 15, 2010 by the Honorable Judge Stephen L. Henriod, Third Judicial District Court, Tooele County, Utah,

Jeremy C. Smith V. Workforce Appeals Board : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

REPLY BRIEF PETITION FOR REVIEW OF A FINAL DECISION OF THE WORKFORCE APPEALS B0ARD DEPARTMENT OF WORKFORCE SERVICES STATE OF UTAH

Bud Bailey Construction, Inc. V. Cache Valley Bank : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Process, People, Power And Policy: Empirical Studies Of Civil Procedure And Courts, Carrie Menkel-Meadow, Bryant Garth

Georgetown Law Faculty Publications and Other Works

This review essay, by Professor Carrie Menkel-Meadow and Dean Bryant Garth, reports on the history and deployment of empirical studies of civil procedure rules, court policies, and legal developments for reforms of court procedures and practices in both the United States and England and Wales. It traces the influence of particular individuals (e.g., Charles Clark in the United States, and Harry Woolf in England) in the use of empirical studies of litigation patterns and court rules to effectuate legal reforms. The essay reviews some particularly contentious issues over time, such as whether there is/was too much or too little litigation, …

They're Just Kids : Role Conflict And Emerging Adulthood Among College Students, Ashley Rae Peltier

Theses and Dissertations

No abstract provided.

Steans Center Newsletter, Steans Center

Steans Center Newsletters, Press Releases and News Items

No abstract provided.

The Centerpiece To Real Reform - Political, Legal, And Social Barriers To Reentry In California, Eumi K. Lee

UC Law Journal of Race and Economic Justice

No abstract provided.

The Limits Of Citizens United V. Federal Election Commission: Analytical And Practical Reasons Why The Sky Is Not Falling, James Bopp, Jr., Kaylan Lytle Phillips

University of San Francisco Law Review

No abstract provided.

Unintended Consequences: Sarbanes-Oxley And Its Progeny, Robert E. Freer Jr., Raymond W. Burroughs

South Carolina Journal of International Law and Business

No abstract provided.

Reducing Disparities Through Health Care Reform: Disability And Accessible Medical Equipment, Elizabeth Pendo

Articles

People with disabilities face multiple barriers to adequate health care and report poorer health status than people without disabilities. Although health care institutions, offices, and programs are required to be accessible, people with disabilities are still receiving unequal and in many cases inadequate care. The 2009 report by the National Council on Disability, The Current State of Health Care for People with Disabilities, reaffirmed some of these findings, concluding that people with disabilities experience significant health disparities and barriers to health care; encounter a lack of coverage for necessary services, medications, equipment, and technologies; and are not included in the …

Should Kentucky Tax Professional Services As A Way To Raise Revenue? An Economic Analysis Of Possible Revenue Options, Meghan Mando

MPA/MPP/MPFM Capstone Projects

Currently Kentucky is facing a budget deficit of $108 million dollars for the fiscal year 2010. As some lawmakers search for revenue options, one possibility is to consider a sales tax on professional services.

Professional services are considered any kind of service that requires skill, knowledge, reputation, ethics, and creativity. For the purpose of this study, medical services are not included in this category. Many of the services are infrequent, such as the services of an attorney or an accountant. A professional services tax could be used for both businesses and individuals, or could make businesses tax exempt. As of …

Ethical Screens In The Modern Age Ethics Review, Matthew Lenhardt

Santa Clara Law Review

No abstract provided.

Skilling’S Martyrdom: The Case For Criminalization Without Incarceration, Dr. Sandeep Gopalan

University of San Francisco Law Review

This Article discusses white-collar crimes involving corporate fiduciaries who make bad decisions at the expense of shareholders (corporate governance offenses).

Five Justifications For Investment Treaties: A Critical Discussion, Gus Van Harten

All Papers

The article examines five justifications for the investment treaty system. These include the justifications: (1) that investment treaties are a means to encourage foreign direct investment, (2) that investment treaties respond to the bias and unreliability of domestic courts, (3) that investment treaty arbitration advances the rule of law in the resolution of investor-state disputes, (4) that investment treaties affirm the sovereignty and bargaining strategies of states, and (5) that investment treaties were endorsed by the democratic processes of states. The discussion concludes with recommendations that states exercise greater care when considering entry into the system or, more likely, the …

2010-2011 Bgsu Catalog, Bowling Green State University

Course Catalogs

No abstract provided.

Two For The Price Of One Is A Costly Choice: The Ethical Issues For Lawyer-Mediators Who Consider Drafting Agreements, Elayne E. Greenberg

Faculty Publications

(Excerpt)

Should a lawyer who serves as a mediator for two unrepresented parties also draft the resulting agreement if both mediating parties request the lawyer to do so? On June 30, 2010, the ABA Section of Dispute Resolution Committee on Mediator Ethical Guidance (hereinafter “The Committee”) issued Ethics Opinion SODR-2010-1 “Mediator’s Duty of Care When Drafting Agreements.” This ethics opinion calls into question the blurry ethical contours between lawyering and mediation when mediating with pro se parties. In this column, I will review the Committee’s ethics opinion and then, applying the New York Rules of Professional Conduct, discuss the potential …

Rising Seas And Common Law Baselines: A Comment On Regulatory Takings Discourse Concerning Climate Change, J. Peter Byrne

Georgetown Law Faculty Publications and Other Works

In several recent cases considering claims that regulatory measures addressing rising sea levels violate the Takings Clause, courts have given significant normative weight to traditional common law rules, even when such rules have long been superseded by statutory provisions. This essay argues that giving analytic precedence to such common law baselines lacks justification and can pose serious obstacles to reasonable measures to adapt to climate change.

New York's Post-Verdict Scheme For The Treatment Of Insanity Acquittees: Balancing Public Safety With Rights Of The Mentally Ill, Larry Cunningham

Journal of Civil Rights and Economic Development

(Excerpt)

In this Article, I will explore both the statutory workings of the insanity review system in New York and examine ways in which CPL § 330.20 can be improved. In Part I, I will provide a detailed account of how a typical insanity review moves through the system. In Part II, I will explore the ways in which CPL § 330.20, as currently written, protects both the public and individual rights. In Part III, I will propose modest reforms to improve the law.

Mount Laurel: Hindsight Is 20-20 Articles Inspired By The Work Of John M. Payne: Discussions Of Mount Laurel Today, Richard H. Chused

Articles & Chapters

No abstract provided.

Maximum Feasible Participation Of The Poor: New Governance, New Accountability, And A 21st Century War On The Sources Of Poverty, Tara J. Melish

Journal Articles

In 1964, President Lyndon B. Johnson called for a Nationwide War on the Sources of Poverty to “strike away the barriers to full participation” in our society. Central to that war was an understanding that given poverty’s complex and multi-layered causes, identifying, implementing, and monitoring solutions to it would require the “maximum feasible participation” of affected communities. Equally central, however, was an understanding that such decentralized problem-solving could not be fully effective without national-level orchestration and support. As such, an Office of Economic Opportunity was established – situated in the Executive Office of the President itself – to support, through …

Book Review, Laura Wittern-Keller And Raymond Witterski, Jr., The Miracle Case: Film Censorship And The Supreme Court, Rebecca Roiphe

Articles & Chapters

No abstract provided.

Dealing With Excessive Caseloads With Litigation - Panel Two (National Public Defense Symposium: Achieving The Promise Of The Sixth Amendment: Non-Capital And Capital Defense Services), Adele Bernhard

Articles & Chapters

No abstract provided.

Alternative Dispute Resolution In Real Estate Matters: The New York Experience, Gerald Lebovits, Lucero Ramirez Hidalgo

Cardozo Journal of Conflict Resolution

This article is intended to provide an overview of the available ADR options in New York for individuals and those in the real estate industry and the advantages and disadvantages as compared to litigation. The first section examines the different forms of ADR available to the real estate consumer. The second notes the general advantages and disadvantages of these ADR processes. The third looks at the particular advantages of ADR in real estate cases. The fourth presents an overview of different ADR programs promoted in New York to resolve real estate disputes.

Mediation Ethics: An Exploration Of Four Seminal Texts, Barbara Wilson

Cardozo Journal of Conflict Resolution

The subject of mediator ethics is often conflated with discussions about standards of practice, the appropriate wording of codes of conduct, or forms of practitioner regulation. These discussions sometimes also extend to debates about practice dilemmas, such as conflicts of interest, voluntariness, confidentiality and stakeholder issues. The main purpose of this paper is instead to discuss the importance and problems of the differing ethical principles which, I argue, underlie four seminal and popular Alternative Dispute Resolution (ADR) books. These texts are in current circulation, although some have been republished as later editions since first appearing. They are often used-either separately …