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Articles 1 - 23 of 23
Full-Text Articles in Law
The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert Rhee
The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert Rhee
Robert Rhee
This essay suggests that a deficiency in legal education is a contributing cause of the regulatory failure. The most scandalous malfeasance of this new era, the Madoff Ponzi scheme, evinces the failure of improperly trained lawyers and regulators. It also calls into question whether the prevailing regulatory philosophy of disclosure of disclosure is sufficient in a complex market. This essay answers an important question underlying these considerations: What can legal education do to better train business lawyers and regulators for a market that is becoming more complex? One answer, it suggests, is a simple one: law schools should teach a …
Editorial, Why 'To Kill A Mockingbird' Matters 50 Years Later, Randy Lee
Editorial, Why 'To Kill A Mockingbird' Matters 50 Years Later, Randy Lee
Randy Lee
No abstract provided.
Levesque Misrepresents View Of Laura Lederer, Donna M. Hughes Dr.
Levesque Misrepresents View Of Laura Lederer, Donna M. Hughes Dr.
Donna M. Hughes
Complying With Australian And Pata Transfer Pricing Documentation Rules - A Sisyphean Task?, Michelle Markham
Complying With Australian And Pata Transfer Pricing Documentation Rules - A Sisyphean Task?, Michelle Markham
Michelle Markham
With the increase in international trade, revenue authorities are taking an aggressive approach to transfer pricing. This article argues that Australian documentation requirements are particularly cumbersome and can give rise to unreasonable application of penalty provisions, given the lack of clarity in the rules. It recommends improved rule clarity and a ‘one-strike’ safe harbor. Australia has joined with the United States, Canada and Japan to produce a multilateral transfer pricing documentation package in response to concerns that the documentation burden is excessive. This article argues that although the package is a good first step, it does not yet meet its …
Reconstructing A Pedagogy Of Responsibility, Barbara Bezdek
Reconstructing A Pedagogy Of Responsibility, Barbara Bezdek
Barbara L Bezdek
No abstract provided.
The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert J. Rhee
The Madoff Scandal, Market Regulatory Failure And The Business Education Of Lawyers, Robert J. Rhee
Robert Rhee
This essay suggests that a deficiency in legal education is a contributing cause of the regulatory failure. The most scandalous malfeasance of this new era, the Madoff Ponzi scheme, evinces the failure of improperly trained lawyers and regulators. It also calls into question whether the prevailing regulatory philosophy of disclosure of disclosure is sufficient in a complex market. This essay answers an important question underlying these considerations: What can legal education do to better train business lawyers and regulators for a market that is becoming more complex? One answer, it suggests, is a simple one: law schools should teach a …
Women In The Law School: It's Time For More Change, Karen Czapanskiy, Jana B. Singer
Women In The Law School: It's Time For More Change, Karen Czapanskiy, Jana B. Singer
Jana B. Singer
No abstract provided.
Eca And The 21st-Century Law Librarian: Introducing Early Case Assessment, Mikhail Koulikov
Eca And The 21st-Century Law Librarian: Introducing Early Case Assessment, Mikhail Koulikov
Mikhail Koulikov
No abstract provided.
Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 4, The Law Reports, Part One (1761-1765.), Daniel Coquillette, Neil Longley York
Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 4, The Law Reports, Part One (1761-1765.), Daniel Coquillette, Neil Longley York
Daniel R. Coquillette
No abstract provided.
Civility Issues In Federal Court Practice, Daniel Coquillette, Judith Mcmorrow
Civility Issues In Federal Court Practice, Daniel Coquillette, Judith Mcmorrow
Daniel R. Coquillette
No abstract provided.
Attorney Conduct And The Securities And Exchange Commission, Daniel Coquillette, Judith Mcmorrow
Attorney Conduct And The Securities And Exchange Commission, Daniel Coquillette, Judith Mcmorrow
Daniel R. Coquillette
No abstract provided.
Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 5, The Law Reports, Part Two (1765-1772.), Daniel Coquillette, Neil Longley York
Portrait Of A Patriot: The Major Legal And Political Papers Of Josiah Quincy Junior, Volume 5, The Law Reports, Part Two (1765-1772.), Daniel Coquillette, Neil Longley York
Daniel R. Coquillette
No abstract provided.
Educating Lawyers For The Global Economy: National Challenges, Carole Silver
Educating Lawyers For The Global Economy: National Challenges, Carole Silver
Carole Silver
This essay addresses the challenge of educating law students to work in an increasingly global context. For students enrolled in United States law school, insight into the ways in which globalization matters can be drawn from the structural approaches to globalization of US-based law firms. These firms pursue their international practices by integrating lawyers educated and licensed in the firm’s home country (the US) and in the host jurisdictions in which the firm has offices. As a result, the success of the firm in its international practice depends upon the ability of its lawyers to develop strong and effective cross-national …
Between Diffusion And Distinctiveness In Globalization: U.S. Law Firms Go Glocal, Carole Silver
Between Diffusion And Distinctiveness In Globalization: U.S. Law Firms Go Glocal, Carole Silver
Carole Silver
No abstract provided.
Lawyers And The War, Robert Power
Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston Prof.
Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston Prof.
Maureen A Weston
This article discusses issues that can arise when American atheletes attempt to deal with the web of national and international dispute resolution procedures and the emerging lex sportiva, which govern international sports. Specifically, it examines the reasons why the American court system cannot assist American athletes who submit to international sports dispute resolution procedures. Congress has designated the United States Olympic Committee (USOC) as the domestic organization that handles disputes involving Olympic-eligible American athletes. If the USOC declares an athlete ineligible or hands down some other sanction, the case can be submitted to the American Arbitration Association (AAA), the tribunal …
Bad Apples, Bad Lawyers Or Bad Decisionmaking: Lessons From Psychology And From Lawyers In The Dock, Leslie C. Levin
Bad Apples, Bad Lawyers Or Bad Decisionmaking: Lessons From Psychology And From Lawyers In The Dock, Leslie C. Levin
Leslie C. Levin
Richard Abel’s book, Lawyers in the Dock: Learning from Attorney Disciplinary Proceedings, presents six detailed case studies of New York lawyers who engaged in serious misconduct. He uses these case studies to carefully explore the social, psychological and structural conditions of lawyer deviance that lead to betrayals of trust. This essay considers what additional light some of the psychological literature, in particular, might shed on the behaviors of Abel’s lawyers for the purposes of better understanding how to prevent lawyer misconduct. More specifically, it considers how social and psychological processes may help to explain the trajectory of lawyer misconduct and …
The Price, Cost, And Value Of The Sla Annual Conference: Reflections From A First-Time Attendee, Mikhail Koulikov
The Price, Cost, And Value Of The Sla Annual Conference: Reflections From A First-Time Attendee, Mikhail Koulikov
Mikhail Koulikov
No abstract provided.
Desejo, Necessidade, Vontade: O Estado Como Garante Das Potencialidades Humans, Haradja L. Torrens
Desejo, Necessidade, Vontade: O Estado Como Garante Das Potencialidades Humans, Haradja L. Torrens
Haradja L Torrens
The author broaches the subject of the social state democratic promise in the scope of each citizen’s equalities and peculiarities. She outlines the conflict between constitutional rights and circumstantial limitations based on the analysis of economic, juridical and philosophical theories inspired in Ralws, Perelman, Härbele, Verdú and Dworkin. She points out its similiarity to the Brazilian Doctrine followed by Paulo Bonavides, stressing, at last, the post-positivist response to the legal principles for addressing political court trials through case law analysis.
A Survey Of Professional Responsibility Courses At American Law Schools In 2009, Laurel S. Terry, Andrew Perlman, Margaret Raymond
A Survey Of Professional Responsibility Courses At American Law Schools In 2009, Laurel S. Terry, Andrew Perlman, Margaret Raymond
Laurel S. Terry
Slapplash: The Courts Finally Turn On California's Anti-Slapp Motion, M. Dylan Mcclelland
Slapplash: The Courts Finally Turn On California's Anti-Slapp Motion, M. Dylan Mcclelland
M. Dylan McClelland
An analysis of the California courts' backlash against SLAPP motion abuse, integrating the caselaw and analyzing strategic implications
Winning Through Integrity And Professionalism, Gerald Lebovits
Winning Through Integrity And Professionalism, Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.
Invigorating The Role Of The In-House Legal Advisor Towards Ethical Culture And Governance In Client-Business Organizations: From 21st Century Failures To True Calling, Ben G. Pender Ii
Ben G Pender II
Invigorating the Role of the In-House Legal Advisor Towards Ethical Culture and Governance in Client-Business Organizations From 21st Century Failures to True Calling Ben G. Pender II J.D., University of St. Thomas School of Law, 2009 M.A. Sociology, Organizational Effectiveness, Clark Atlanta University, 1996. B.S., Sociology, Virginia Polytechnic Institute and State University, 1988. All Rights Reserved. © 2009. Summary This Article examines the need to invigorate the role of the in-house legal advisor from ‘mere legal technician’ to simultaneous legal advisory gatekeeper and ethical steward. This article asserts that the often-acquiescent in-house legal advisor as mere legal technician is partially …