Law Commons^™

Do Students Turn Over Their Rights When They Turn In Their Papers? A Case Study Of Turnitin.Com, Stephen Sharon

Touro Law Review

Turnitin is a rapidly growing online anti-plagiarism service subscribed to by thousands of schools in the United States. Though the pursuit of honesty and integrity are at the heart of our academic institutions and the Turnitin anti-plagiarism service, there is a fatal flaw in its execution. This comment examines the copyright and fair use arguments presented by four Virginia students asserting that Turnitin violated their intellectual property rights. This comment goes beyond the facts of the four Virginia students to explore the root issues of a service that collects and distributes the copyrighted works submitted to it by hundreds of …

Plea Bargaining And The Right To The Effective Assistance Of Counsel: Where The Rubber Hits The Road In Capital Cases, John H. Blume

Cornell Law Faculty Publications

No abstract provided.

Pie In The Sky: Cloud Computing Brings An End To The Professional Paradigm In The Practice Of Law, Kenneth L. Bostick

Buffalo Law Review

No abstract provided.

Tripartism’S Stress Points Are Showing, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

SMU Assistant Professor of Law Eugene Tan discussed the implications of the SMRT strike incident and whether tripartism has lost its relevance. Assistant Prof Tan highlighted that there are deep, systemic issues within SMRT, and that the reach of the triapartism is not enough. He also highlighted the need to stamp out discrimination, and said that employers need to review their mindsets towards workers, especially foreign ones, and act ethically, equitably and responsibly given the default imbalance of power in the workplace.

Legal Ethics, Patrick Emery Longan

Mercer Law Review

This Article covers the period from June 1, 2011 through May 31, 2012. As it does every year, the Georgia Supreme Court decided a number of lawyer-discipline cases and other matters related to licensure. The supreme court and the Georgia Court of Appeals decided cases involving legal malpractice, ineffective assistance of counsel, attorney disqualification, and judicial ethics. The State Bar of Georgia Formal Advisory Opinion Board took several actions that relate to the professional responsibilities of Georgia lawyers, and the supreme court promulgated a number of changes to the Georgia Rules of Professional Conduct.

An Incompetent's Right To Withdraw From Treatment: Cruzan V. Missouri Department Of Health , Mary A. Watson

Pepperdine Law Review

No abstract provided.

Ethics In Legal Education: An Augmentation Of Legal Realism, Gerald R. Ferrera

Pepperdine Law Review

No abstract provided.

Beyond Abortion: Human Genetics And The New Eugenics, John R. Harding Jr.

Pepperdine Law Review

No abstract provided.

The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith W. Rizzardi

William & Mary Environmental Law and Policy Review

Lawyers have an ethical duty to advise their clients on moral, economic, social, and political matters. When applied to the changing field of environmental law, this abstract notion becomes provocative. Lawyers should advise their environmental advocacy clients of the possibility that their efforts to apply statutes or rules might initially succeed, but subsequent legislative reactions might defund, reform, or repeal the laws the client’s case relied upon. As a client’s sophistication decreases, or as the risk of adverse reactions to the client’s environmental advocacy increases, the lawyer’s duty to advise the client of these risks can shift from discretionary to …

Corporations As Ships: An Inquiry Into Personal Accountability And Institutional Legitimacy , Art Wolfe

Pepperdine Law Review

No abstract provided.

Contingency Enhancements In Attorney Fee Cases: City Of Burlington V. Dague, The End Of Merit Systems Protection Board's Struggle To Understand And Apply Delaware Valley Ii , Cameron P. Quinn, Katharine A. Klos

Pepperdine Law Review

No abstract provided.

Practicing On Purpose: Promoting Personal Wellness And Professional Values In Legal Education, Gretchen Duhaime

Touro Law Review

No abstract provided.

The Mindful Law School: An Integrative Approach To Transforming Legal Education, Scott L. Rogers

Touro Law Review

No abstract provided.

School Of Risk Control Excellence: Responsibilities In Tax Practice And Malpractice Risks, Diane S. Wainwright

William & Mary Annual Tax Conference

No abstract provided.

Proposed Legislation Concerning A Lawyer's Duty Of Confidentiality, Roger C. Cramton

Pepperdine Law Review

No abstract provided.

Ideologies Of Professionalism And The Politics Of Self-Regulation In The California State Bar, William T. Gallagher

Pepperdine Law Review

No abstract provided.

A Distinction Without A Difference? An Examination Of The Legal And Ethical Difference Between Asset Protection And Fraudulent Transfers Under Virginia Law, Elizabeth Southall

Law Student Publications

“A distinction without a difference”—a colloquial expression employed by one wishing to recognize that while a linguistic or conceptual distinction exists between any number of options, any such distinction lacks substantive practical effect. To allege that a situation presents “a distinction without a difference” is to suggest that any difference between a given set of options is a logical fallacy—purely a creature of erroneous perception. When it comes to concepts of asset protection planning and fraudulent transfer law, one must ask whether the law draws a distinction where there is no difference....This essay identifies these distinctions. Part II provides a …

Clark Memorandum: Fall 2012, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Education Multipliers (Mehrsa Baradaran)
• Integrity and the Practice of Law (William A. Tilleman)
• He Answered Discreetly (Elder L. Whitney Clayton)
• On Becoming a Good Apple (Thomas B. Griffith)

E-Mails To Clients: Avoiding Missteps, Kristin J. Hazelwood

Law Faculty Popular Media

In this column for Kentucky Bar Association's magazine (B&B - Bench & Bar), Professor Hazelwood addresses the ethical implications of emailing with a client. Practitioners are provided a series of questions to ask before emailing a client.

Financiers As Monitors In Aggregate Litigation, Elizabeth Chamblee Burch

Scholarly Works

This Article identifies a market-based solution for monitoring large-scale litigation proceeding outside of Rule 23’s safeguards. Although class actions dominate the scholarly discussion of mass litigation, the ever increasing restrictions on certifying a class mean that plaintiffs’ lawyers routinely rely on aggregate, multidistrict litigation to seek redress for group-wide harms. Despite sharing key features with its class action counterpart—such as attenuated attorney-client relationships, attorneyclient conflicts of interest, and high agency costs—no monitor exists in aggregate litigation. Informal group litigation not only lacks Rule 23’s judicial protections against attorney overreaching and self-dealing, but plaintiff’s themselves cannot adequately supervise their attorneys’ behavior. …

The Litigation Finance Contract, Maya Steinitz

Faculty Scholarship

Litigation funding-for-profit, nonrecourse funding of a litigation by a nonparty-is a new and rapidly developing industry. It has been described as one of the "biggest and most influential trends in civil justice" today by RAND, the New York Times, and others. Despite the importance and growth of the industry, there is a complete absence of information about or discussion of litigation finance contracting, even though all the promises and pitfalls of litigation funding stem from the relationships those contracts establish and organize. Further, the literature and case law pertaining to litigation funding have evolved from an analogy between litigation funding …

Financiers As Monitors In Aggregate Litigation, Elizabeth Chamblee Burch

Elizabeth Chamblee Burch

This Article identifies a market-based solution for monitoring large-scale litigation that proceeds outside of Rule 23’s safeguards. Although class actions dominate the scholarly discussion of mass litigation, the ever-increasing restrictions on certifying a class mean that plaintiffs’ lawyers routinely rely on aggregate litigation (through multidistrict litigation and liberal joinder devices like Rules 20 and 42) to seek redress for group-wide harms. Despite sharing key features with its class-action counterpart, lik fe attenuated attorney-client relationships, attorney-client conflicts of interest, and high agency costs, no monitor exists in aggregate litigation. Informal group litigation not only lacks Rule 23’s judicial protections against attorney …

Irreconcilable Differences: Why The Doctor-Patient Relationship Is Disintegrating At The Hands Of Health Maintenance Organizations And Wall Street, Mark O. Hiepler, Brian C. Dunn

Pepperdine Law Review

No abstract provided.

Justice As Right Relationship: A Philosophical And Theological Reflection On Affirmative Action, Robert John Araujo

Pepperdine Law Review

No abstract provided.

Phases And Faces Of The Duke Lacrosse Controversy: A Conversation, James E. Coleman Jr., Angela Davis, Michael Gerhardt, K. C. Johnson, Lyrissa Barnett Lidsky, Howard M. Wasserman

Angela J Davis

This panel took place at the 2008 Annual Meeting of the Southeastern Association of Law Schools (SEALS) in July 2008 in West Palm Beach, Florida. The transcript has been edited for grammar, punctuation and writing style, as well as for limited content changes.

Theorizing Agency, Susan Carle

Susan D. Carle

Progressive legal scholars today exhibit contrasting views on the scope of legal actors' agency in making "choices" about how to lead their lives. Feminist legal scholar Joan C. Williams, for example, challenges claims that women who leave the paid workforce to stay home with children have made a voluntary choice to take this path. Critical race scholar Ian Haney López, on the other hand, argues that the social construction of racial identity occurs precisely through the many voluntary choices members of both subordinated and dominant racial groups make about matters that implicate racial meanings. Williams contests the idea of voluntary …

Bribery Boom Or Bust: A Practitioner’S Primer For Differentiating Between Bribes And Legitimate Exceptions In The Foreign Corrupt Practices Act, Jer Monson

The Journal of Business, Entrepreneurship & the Law

This article seeks to help business practitioners anticipate and prevent business challenges related to the Foreign Corrupt Practices Act. To this end, it attempts a high-level, practitioner-friendly review of the FCPA—including an in-depth look at the anti-bribery provisions, case-based illustrations of their application, and guidelines for staying in compliance. Part I provides practitioners with a brief introduction to the FCPA. Part II proceeds with a more detailed background and overview of the FCPA, examining both the statute’s enactment and the obligations arising from it. Part III provides practitioners with an overview of significant global developments in anti-corruption policy, and profiles …

A Framework For Analyzing Attorney Liability Under Section 10(B) And Rule 10b-5, Gary M. Bishop

The University of New Hampshire Law Review

[Excerpt] “Lawyers who make their living representing securities issuers face a myriad of challenges. Securities lawyers must navigate and master an intricate body of statutory, regulatory, and case law at both the state and the federal level and ensure that their clients comply with the law. The compliance requirement, however, is not limited to the issuer clients. Defrauded investors will often seek recovery of their losses from both the issuer of the failed investment securities and from the lawyers who represent the issuer, which only exacerbates the complexity of the securities lawyer’s work. These securities fraud actions against lawyers raise …

Technologies-That-Must-Not-Be-Named: Understanding And Implementing Advanced Search Technologies In E-Discovery, Jacob Tingen

Law Student Publications

Even for those who are aware of the existence of advanced search and review tactics beyond keyword search, many questions remain for attorneys and judges alike. First, what are the new and emerging technologies? While courts and commentators mention the existence of the technologies, there is not much guidance with regard to what the new technologies are and what they accomplish. Second, are the new technologies superior to the manual review process? Understandably, attorneys are hesitant to use an unfamiliar e-discovery product that may not work better than the e-discovery process to which they are already accustomed. Third, if attorneys …

Mission: Impossible, Mission: Accomplished Or Mission: Underway? A Survey And Analysis Of Current Trends In Professionalism Education In American Law Schools, Mary Ann Robinson

Working Paper Series

This Article identifies common characteristics of effective professionalism instruction to provide guidance in how to design innovative professionalism instruction. After introducing the topic in Part I, Part II of this Article describes the origins and development of the professionalism education movement in American Law schools. Part III of this Article explains our methods for collecting information and identifies and summarizes the predominant trends, and provides examples of noteworthy programs or initiatives. Part IV concludes by describing our method for assessing successful programs and identifying the characteristics of effective professionalism instruction.