Digital Commons Network^™

Circuit Split Or A Matter Of Semantics? The Supreme Court's Upcoming Decision On Rule 10b-5 "Scheme Liability" And Its Implications For Tax Shelter Fraud Litigation, Mark S. Pincus

Fordham Law Review

After Internal Revenue Service investigations exposed widespread fraud among tax shelter promoters, angry investors sued for securities fraud under Securities and Exchange Commission Rule 10b-5, which provides a cause of action against “primary violators” of the Rule but not against mere “aiders and abettors.” This controversial distinction is further complicated by the recent introduction of “scheme liability” lawsuits under two previously obscure provisions of Rule 10b-5. This Note examines the circuit split over the “primary violator”/“aider and abettor” distinction in scheme liability claims, arguing that the circuits' conflicting concepts of scheme liability actually cover similar conduct, and that tax shelter …

"Anything You Say May Be Used Against You": A Proposed Seminar On The Lawyer's Duty To Warn Of Confidentiality's Limits In Today's Post-Enron World, Paul F. Rothstein

Fordham Law Review

No abstract provided.

The Corporate/Securities Attorney As A 'Moving Target' - Client Fraud Dilemmas, Marc I. Steinberg

Faculty Journal Articles and Book Chapters

This Paper analyzes the enhanced responsibilities and liability concerns that corporate/securities attorneys have in the post-Enron era. State ethical rules, SEC pronouncements, and court decisions are addressed. The ramifications of the Sarbanes-Oxley Act with respect to its impact on legal counsel also are explored. The Paper also provides insight focusing on the business attorney's role as counselor and gatekeeper when faced with the prospect of client fraud.

The Financial Implications And Organizational Cultural Perceptions Of Implementing A Performance Management System In A Government Enterprise, Hugh Van Seaton

UNF Graduate Theses and Dissertations

Successful organizations continually seek ways to improve productivity, reduce and control costs, and increase efficiency. Governmental entities also are driven by the need for increased efficiency and accountability in public service for their constituents.

There is a continuing need for better tools and a number of government entities have turned to performance management systems due to their promise of improvement in various areas of productivity and accountability. This research focused on one such system, Six Sigma, which has recently experienced widespread adoption in industry in the United States, internationally, and in some government organizations. In this study Six Sigma was …

Damages In Tort Litigation: Thoughts On Race And Remedies, 1865-2007, Jennifer Wriggins

Faculty Publications

The relationship between remedies and race in U.S. tort law merits attention. This essay first challenges the boundary between civil rights and tort remedies by highlighting a stunning but previously overlooked 1959 Fifth Circuit case where an individual tort remedy served as a significant civil rights remedy in the integration of public transportation throughout the South. Second, the essay focuses on the relationship between race and damages from 1865 to the present. It argues that the torts system provided access to indigent plaintiffs of all races during periods when poor people were otherwise denied legal representation in every other context. …

Effects Of Word-Of-Mouth Communication On Purchasing Decisions In Restaurants: A Path Analytic Study, Dongsuk Jang

UNLV Retrospective Theses & Dissertations

This study investigated the restaurant word-of-mouth communication structure. Main constructs of the word-of-mouth process on purchasing decisions were identified and their relationships were examined in a restaurant setting. Consequently, a restaurant word-of-mouth model was proposed; The main interests of study are as follows: first, to identify the main factors of restaurant word-of-mouth communication; second, to discover which word-of-mouth factors directly affect the consumer's restaurant product/service purchase decision; and third, to find out the degree to which word-of-mouth factors determine the consumer's word-of-mouth search efforts for a restaurant. The study also looked at the mediating effect of word-of-mouth search efforts on …

More Stories Of Jurisdiction-Stripping And Executive Power: Interpreting The Prison Litigation Reform Act (Plra), Giovanna Shay, Johanna Kalb

Faculty Scholarship

In the last several years, the Supreme Court has decided a number of important challenges to the government’s conduct of its “War on Terror.” Brought on behalf of persons alleged to be “enemy combatants,” many of whom were detained at Guantánamo Bay, these suits challenged the prisoners’ indefinite detention, asserted their right to access federal courts, and questioned the legality of the tribunals created to adjudicate the charges against them. The debate about the detainees’ access to federal courts has continued in Congress, with the passage of the Military Commissions Act (MCA), and in the lower courts, with challenges to …

Beyond The Bench: Solutions To Reduce The Disproportionate Number Of Minority Youth In The Family And Criminal Court Systems, Jessica Jean Kastner

Journal of Law and Policy

No abstract provided.

Race And Wealth Disparity: The Role Of Law And The Legal System, Beverly I. Moran, Stephanie M. Wildman

Vanderbilt Law School Faculty Publications

Many believe that the legal system has achieved racial neutrality because statutes and regulations do not mention race. They do not view law and the legal system as one way that American society polices race and wealth disparities. Because American law seems removed from race and wealth concerns, legal workers see no place for such considerations in their education or practice.

Although the legal system has aspired to neutrality and equality, racialized wealth inequality has resulted and continues. This article considers the aspiration and shows how equality and neutrality can veil existing wealth inequality. Using examples from judicial decisionmaking and …

Federal Student Loan Repayment Assistance For Public Interest Lawyers And Other Employees Of Governments And Nonprofit Organizations, Philip G. Schrag

Georgetown Law Faculty Publications and Other Works

The problem of high monthly repayment obligations for educational debt has long plagued students, particularly graduate and professional students, who desired lower-paying public interest careers. Congress has recently responded very positively. In the College Cost Reduction and Access Act of 2007, Congress has made it possible for high-debt, lower-income graduates to manage debt repayment through an "income-based repayment" plan. In addition, Congress has created a new program through which public servants -- including all government workers and all employees of all non-profit organizations that are tax-exempt under Section 501(c) (3) of the Internal Revenue Code --are entitled to have a …

A Quick Overview Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein

Faculty Publications

No abstract provided.

Education Law Priorities And Need: A Comparitive Analysis, Michael Anson Magone

Graduate Student Theses, Dissertations, & Professional Papers

This descriptive study ascertained the perceptions of Montana public school principals and superintendents, and Montana education law attorneys, regarding school law education for Montana public school principals. The study surveyed 595 individuals: 239 superintendents, 347 principals, and 9 education law attorneys. The 268 responses obtained represented a 95.6% confidence level.

The study addressed the following questions: 1) Which areas of school law are essential for a public school principal to know?; 2) In which school law areas do public school principals have an immediate need for knowledge?; 3) Which school law areas are critical for inclusion in a graduate-level principal …

Sensational Reports: The Ethical Duty Of Cause Lawyers To Be Competent In Public Advocacy, Deborah J. Cantrell

Publications

This article argues that cause lawyers - those lawyers whose primary focus is on social change rather than on for-profit client-based work - have an ethical responsibility to be competent in public advocacy. That responsibility stems from a cause lawyer's commitment to the principles embodied in the particular social movement in which the lawyer is acting. It is reinforced by the requirement of competency under the Model Rules of Professional Conduct. To illustrate the contours of a competent public advocacy strategy, the article highlights two cause lawyering organizations, Legal Momentum and the Institute for Justice, and considers how each organization …

Conference Transcript: The New Realism: The Next Generation Of Scholarship In Federal Indian Law, Sarah Krakoff

Publications

No abstract provided.

The Revision Of The Colorado Trademark Registration Statute, Arthur H. Travers

Publications

No abstract provided.

Symposium: Current Issues In Community Economic Development: Foreword: Entrepreneurship, Race, And The Current Environment For Community Economic Development, Eric J. Gouvin

Faculty Scholarship

On March 30, 2007, the Western New England College School of Law and the School of Business jointly hosted the second annual academic conference on Current Issues in Community Economic Development, sponsored by the Western New England College Law and Business Center for Advancing Entrepreneurship. The Conference promotes the two primary goals of the Law and Business Center: (1) to provide technical legal and business assistance to entrepreneurs and (2) to sponsor educational and outreach events focused on entrepreneurship and economic development. The Law and Business Center is a unique resource in Western Massachusetts. The combination of legal and business …

Bureaucratic Legalism, American Style: Private Bureaucratic Legalism And The Governance Of The Tort System, John Fabian Witt

DePaul Law Review

No abstract provided.

Don't Forget The Lawyers: The Role Of Lawyers In Promoting The Rule Of Law In Emerging Market Democracies, Gillian K. Hadfield

DePaul Law Review

No abstract provided.

Times May Have Changed, But The Song Is Still The Same: Why The Supreme Court Was Incorrect To Stray From Sony's Reasoning In Metro-Goldwyn-Mayer Studios, Inc. V. Grokster, Ltd., Julie A. Wooten

Northwestern Journal of Technology and Intellectual Property

No abstract provided.

Challenges And Guidance For Lawyering In A Global Society, Susan Saab Fortney

Hofstra Law 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 …

The Mass Culture Of Property, Anthony Chase

Loyola of Los Angeles Law Review

No abstract provided.

Calling For Stories, Nancy Levit, Allen Rostron

Faculty Works

Storytelling is a fundamental part of legal practice, teaching, and thought. Telling stories as a method of practicing law reaches back to the days of the classical Greek orators. Before legal education became an academic matter, the apprenticeship system for training lawyers consisted of mentoring and telling war stories. As the law and literature movement evolved, it sorted itself into three strands: law in literature, law as literature, and storytelling. The storytelling branch blossomed.

Over the last few decades, storytelling became a subject of enormous interest and controversy within the world of legal scholarship. Law review articles appeared in the …

Brother's Keeper: The Legal Ethics Of Representing Family Members The Sixth Annual Symposium On Legal Malpractice And Professional Responsibility: Comment., Jason W. Whitney

St. Mary's Law Journal

This Comment seeks to provide practical guidance in evaluating ethical issues for Texas attorneys considering representing a relative. Attorneys must always look to the relevant rules of professional conduct, advisory opinions, and case law to evaluate whether or not representation adheres to ethical guidelines. The primary sources of guidance are the Texas Disciplinary Rules of Professional Conduct (Texas Disciplinary Rules), advisory opinions from the Supreme Court of Texas Professional Ethics Committee (Texas Professional Ethics Committee), and Texas case law. Part II of this Comment discusses the history of professional responsibility, characteristics of representing family members, and common ethical problems arising …

Threading The Eye Of The Erisa Needle: Erisa Preemption And Alternative Legal Schemes To Fill The Regulatory Vacuum., Bernard D. Reams Jr.

St. Mary's Law Journal

Popular consensus suggests that the Employee Retirement Income Security Act (“ERISA”) is a mess, and one of historic proportions. ERISA’s comprehensive reach to protect employer-provided benefits has in practice produced unintended, if not contradictory, results. Congress passed ERISA over thirty years ago to protect the rights of employees who benefit from employer pension and welfare benefit plans. It did so with a series of regulations that promote uniformity in litigation across the various states through “strong preemption language.” The goal of uniformity arguably benefits workers by imposing regular standards of conduct which lend predictability to the scope of litigation, or …

Pro Se Executors—Unauthorized Practice Of Law, Or Not?, Michael Hatfield

Articles

This Article clarifies why under Texas law an individual named as executor in a will has the right to offer the will for probate and otherwise appear in a probate court without hiring a lawyer. This Article first provides an overview of the independent administration provisions of the Texas probate code before reviewing the unauthorized practice of law prohibition and the pro se exception. After establishing that executors qualify for the pro se exception in Texas because executors appearing in court are exercising their own management rights—rather than the rights of "the estate" or the beneficiaries—the Article explores suggestions of …

United States V. American Library Association: The Supreme Court Fails To Make The South Dakota V. Dole Standard A Meaningful Limitation On The Congressional Spending Power, Tonnis H. Venhuizen

South Dakota Law Review

No abstract provided.

The Colorado Constitution In The New Century, Richard B. Collins

Publications

TABOR, gay marriage, pit bulls, guns, redistricting, ethics in government, school vouchers, and minimum wage have been on Colorado's constitutional agenda for the past seven years. Dale Oesterle and I authored a book-length study of the Colorado Constitution through 2001. This article reviews amendments and judicial decisions arising since. It should surprise no one that TABOR has generated by far the most decisions.

Square Pegs In A Round Hole - The Effects Of The 2006 Cape Town Treaty Implementation And Its Impact On Fractional Jet Ownership, Angie Boliver

Journal of Air Law and Commerce

No abstract provided.

A Symposium With Women Chiefs

Cardozo Journal of Equal Rights & Social Justice

Symposium was held at the Benjamin N. Cardozo School of Law on April 7, 2006.

Beyond Protective Orders: Interdisciplinary Domestic Violence Clinics Facilitate Social Change, Sara R. Benson

Cardozo Journal of Equal Rights & Social Justice

The article argues that interdisciplinary domestic violence clinics in law schools offer a transformative approach to addressing domestic violence by integrating legal and extra-legal services. These clinics not only provide holistic support to survivors but also empower them to advocate for systemic change. By fostering collaboration among law students, social workers, psychologists, and community organizations, such clinics address the multifaceted needs of survivors while training future lawyers to approach legal issues with a broader societal perspective. The article highlights the potential of these clinics to drive social progress by amplifying the voices of survivors and influencing legal and community responses …