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Articles 1 - 30 of 365
Full-Text Articles in Law
Flaws In The Justice System: Examining The Angel Cordero Case, Rose C. Itzcovitz
Flaws In The Justice System: Examining The Angel Cordero Case, Rose C. Itzcovitz
Capstones
This article examines a case in criminal law that started 17 years ago and has yet to be resolved. Despite a plethora of mounting evidence, including a confession, more than a dozen witnesses, a proven false alibi, impeaching evidence against police and DNA evidence, Bronx-born Angel Cordero's conviction has yet to be overturned. The article breaks down what went wrong in the initial trial, discusses Cordero's multiple appeals and takes a broader look at what needs to change in today's judicial system.
The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna
Master's Theses
Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21st century and it affects everyone. By using …
Newsroom: Yelnosky On Judge Investigation, Roger Williams University School Of Law
Newsroom: Yelnosky On Judge Investigation, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Policyholder Rights To Independent Counsel: Issues Remain Regarding Compensation, Supervision Of Counsel, Jeffrey W. Stempel
Policyholder Rights To Independent Counsel: Issues Remain Regarding Compensation, Supervision Of Counsel, Jeffrey W. Stempel
Scholarly Works
More than 30 years ago, a California appellate court decision (San Diego Navy Federal Credit Union v. Cumis Insurance Society, 162 Cal. App. 3d 358 (4th Dist. 1984)) worked a revolution of sorts by ruling that, in cases of conflict between an insurer and a policyholder defending against a plaintiff's claim, the insurer was obligated to permit the policyholder to select its own defense counsel rather than having the case defended by an attorney selected by the insurer. The Cumis movement was more evolutionary than revolutionary in Nevada. Until State Farm Mutual Automobile Ins. Co. v. Hansen, …
A No-Fault Remedy For Legal Malpractce?, Melissa Mortazavi
A No-Fault Remedy For Legal Malpractce?, Melissa Mortazavi
Hofstra Law Review
The last forty years have seen a marked rise in legal malpractice lawsuits. Recent numbers show that no abatement is in sight; instead the number of large legal malpractice claims is steadily increasing. Although lawyers have a personal interest in limiting liability, they also have a professional one in protecting clients from harm arising due to malpractice. But how can the legal profession curtail and manage malpractice liability while also providing relief to injured clients? Applying existing tort scholarship on no-fault alternative systems to professional legal services, this Article argues that no-fault may be a viable option in many common …
A Tribute To Monroe Freedman, Stuart Rabinowitz
A Tribute To Monroe Freedman, Stuart Rabinowitz
Hofstra Law Review
No abstract provided.
Reflections Of An Ethics Expert And A Lawyer Who Retains Him, M. H. Hoeflich, Bill Skepnek
Reflections Of An Ethics Expert And A Lawyer Who Retains Him, M. H. Hoeflich, Bill Skepnek
Hofstra Law Review
No abstract provided.
When Clients Sue Their Lawyers For Failing To Report Their Own Malpractice, Benjamin P. Cooper
When Clients Sue Their Lawyers For Failing To Report Their Own Malpractice, Benjamin P. Cooper
Hofstra Law Review
What consequences should befall the lawyer who fails to disclose a significant error to his client? In a previous article, I examined the lawyer’s ethical duty to report his own malpractice to his client, a topic that had previously received little attention from courts and commentators, and concluded that the duty is well-grounded in Rules 1.4 and 1.7. Therefore the lawyer who fails to disclose his error to his client is subject to discipline. This Article addresses the client's ability to state an independent claim against the lawyer for failing to disclose his own malpractice -- a topic that has …
Remarks At Monroe Freedman’S Memorial, Eric Lane
Remarks At Monroe Freedman’S Memorial, Eric Lane
Hofstra Law Review
No abstract provided.
Monroe Freedman: Friend, Role Model, And Colleague, Roy Simon
Monroe Freedman: Friend, Role Model, And Colleague, Roy Simon
Hofstra Law Review
No abstract provided.
Foreword: Legal Malpractice Is No Longer The Profession’S Dirty Little Secret, Susan Saab Fortney
Foreword: Legal Malpractice Is No Longer The Profession’S Dirty Little Secret, Susan Saab Fortney
Hofstra Law Review
No abstract provided.
Aggregate Settlements And Attorney Liability: The Evolving Landscape, Lynn A. Baker
Aggregate Settlements And Attorney Liability: The Evolving Landscape, Lynn A. Baker
Hofstra Law Review
This Article was prepared for the Hofstra Law Review conference on "Lawyers as Targets: Suing, Prosecuting, and Defending Lawyers." Over the past several decades, attorneys involved in mass tort settlements, especially those representing the plaintiffs, have faced an increasing number of large-dollar liability claims centered on the aggregate settlement rule: that is, the state equivalents to Rule 1.8(g) of the ABA Model Rules of Professional Conduct. During this period, courts have held that fee forfeiture, potentially totaling millions of dollars, is an appropriate remedy for violations of the Rule, even in the absence of any demonstrated economic harm to the …
Legal Malpractice In International Business Transactions, Vincent R. Johnson
Legal Malpractice In International Business Transactions, Vincent R. Johnson
Hofstra Law Review
No abstract provided.
Lawyers On Trial: Juror Hostility To Defendants In Legal Malpractice Trials, Herbert M. Kritzer, Neil Vidmar
Lawyers On Trial: Juror Hostility To Defendants In Legal Malpractice Trials, Herbert M. Kritzer, Neil Vidmar
Hofstra Law Review
In contrast to medical malpractice, legal malpractice is a phenomenon that has attracted little attention from empirically-oriented scholars. This paper is part of a larger study of legal malpractice claiming and litigation. Given the evidence on the frequency of legal malpractice claims, there are surprisingly few legal malpractice cases that result in jury verdicts. There are many possible explanations for this, one of which reflects the perception that lawyers are held in such low esteem by potential jurors that they risk harsh treatment by jurors when they are defendants in legal malpractice trials. Because we could find no empirical evidence …
The Litigation Privilege: Its Place In Contemporary Jurisprudence, Louise Lark Hill
The Litigation Privilege: Its Place In Contemporary Jurisprudence, Louise Lark Hill
Hofstra Law Review
Historically, lawyers have been immune from civil liability for statements related to litigation which may injure or offend an opposing party during the litigation process. This protection is referred to as the “litigation privilege,” which originated in medieval English jurisprudence and continues to be recognized in the United States today. The rationale supporting the litigation privilege is that the integrity of the adversary system outweighs any monetary interest of a party injured by her adversary. Remedies other than lawsuits are available to parties who feel they have been damaged “by malicious statements or conduct during litigation.” For instance, misconduct in …
The Law Of Unintended Consequences: Whether And When Mandatory Disclosure Under Model Rule 4.1(B) Trumps Discretionary Disclosure Under Model Rule 1.6(B), Peter R. Jarvis, Trisha M. Rich
The Law Of Unintended Consequences: Whether And When Mandatory Disclosure Under Model Rule 4.1(B) Trumps Discretionary Disclosure Under Model Rule 1.6(B), Peter R. Jarvis, Trisha M. Rich
Hofstra Law Review
No abstract provided.
Dealing With Conflicts And Disqualification Risks Professionally, James B. Kobak Jr
Dealing With Conflicts And Disqualification Risks Professionally, James B. Kobak Jr
Hofstra Law Review
No abstract provided.
Some Early Thoughts On Liability Standards For Online Providers Of Legal Services, Benjamin H. Barton
Some Early Thoughts On Liability Standards For Online Providers Of Legal Services, Benjamin H. Barton
Hofstra Law Review
No abstract provided.
Foreword: Legal Malpractice Is No Longer The Profession's Dirty Little Secret, Susan Saab Fortney
Foreword: Legal Malpractice Is No Longer The Profession's Dirty Little Secret, Susan Saab Fortney
Faculty Scholarship
In 1994, Professor Manuel R. Ramos published a law review article called, Legal Malpractice: The Profession's Dirty Little Secret. As suggested by the title, Professor Ramos argued that legal malpractice was a "taboo subject" that has been "ignored by the legal profession, law schools, mandatory continuing legal education ("CLE") programs, and even by scholarly and lay publications." Thirty years later, legal malpractice is an ever-present threat that lawyers cannot afford to ignore.
Legal Ethics, Patrick Emery Longan
Legal Ethics, Patrick Emery Longan
Mercer Law Review
This survey covers a two-year period from June 1, 2013 to May 31, 2015. The Article discusses noteworthy Georgia appellate cases concerning attorney discipline, disqualification, ineffective assistance of counsel, judicial ethics, and legal malpractice. The Article also discusses two significant opinions from the Formal Advisory Opinion Board, amendments to the Georgia Rules of Professional Conduct, and several recent miscellaneous cases involving legal ethics in Georgia.
Scout’S Honor: The Boy Scouts, Judicial Ethics, And The Appearance Of Partiality, Daniel Ortner
Scout’S Honor: The Boy Scouts, Judicial Ethics, And The Appearance Of Partiality, Daniel Ortner
BYU Law Review
No abstract provided.
Of Monsters & Lawyers, Milan Markovic
Addressing Barriers To Cultural Sensibility Learning: Lesson From Social Cognition Theory, Andrea A. Curcio
Addressing Barriers To Cultural Sensibility Learning: Lesson From Social Cognition Theory, Andrea A. Curcio
Andrea A. Curcio
Understanding subconscious biases, their pervasiveness, and their impact on perceptions, interactions, and analyses, helps prepare lawyers to represent people from cultural and racial backgrounds different from their own, and to address both individual and institutional injustice. Two law student surveys suggest many students believe lawyers are less susceptible than clients to having, or acting upon, stereotypes or biases. The survey results also indicate that many students suffer from bias blind spot – i.e. they believe that while others cannot recognize when they are acting based upon stereotypical beliefs and biases, the students know when they are doing so. The survey …
Are Law And Morality Distinct?, William A. Edmundson
Are Law And Morality Distinct?, William A. Edmundson
William A. Edmundson
No abstract provided.
Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio
Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio
Andrea A. Curcio
Understanding subconscious biases, their pervasiveness, and their impact on perceptions, interactions, and analyses, helps prepare lawyers to represent people from cultural and racial backgrounds different from their own, and to address both individual and institutional injustice. Two law student surveys suggest many students believe lawyers are less susceptible than clients to having, or acting upon, stereotypes or biases. The survey results also indicate that many students suffer from bias blind spot – i.e. they believe that while others cannot recognize when they are acting based upon stereotypical beliefs and biases, the students know when they are doing so. The survey …
Addressing Barriers To Cultural Sensibility Learning: Lesson From Social Cognition Theory, Andrea A. Curcio
Addressing Barriers To Cultural Sensibility Learning: Lesson From Social Cognition Theory, Andrea A. Curcio
Andrea A. Curcio
Understanding subconscious biases, their pervasiveness, and their impact on perceptions, interactions, and analyses, helps prepare lawyers to represent people from cultural and racial backgrounds different from their own, and to address both individual and institutional injustice. Two law student surveys suggest many students believe lawyers are less susceptible than clients to having, or acting upon, stereotypes or biases. The survey results also indicate that many students suffer from bias blind spot – i.e. they believe that while others cannot recognize when they are acting based upon stereotypical beliefs and biases, the students know when they are doing so. The survey …
The Professionalism Crisis: How Bar Examiners Can Make A Difference, Clark D. Cunningham
The Professionalism Crisis: How Bar Examiners Can Make A Difference, Clark D. Cunningham
Clark D. Cunningham
No abstract provided.
Remediation Program For Dentists Provides Data On Moral Development Important To All Professions, Clark D. Cunningham
Remediation Program For Dentists Provides Data On Moral Development Important To All Professions, Clark D. Cunningham
Clark D. Cunningham
No abstract provided.
Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings, Russell D. Covey
Fixed Justice: Reforming Plea-Bargaining With Plea-Based Ceilings, Russell D. Covey
Russell D. Covey
The ubiquity of plea bargaining creates real concern that innocent defendants are occasionally, or perhaps even routinely, pleading guilty to avoid coercive trial sentences. Pleading guilty is a rational choice for defendants as long as prosecutors offer plea discounts so substantial that trial is not a rational strategy regardless of guilt or innocence. The long-recognized solution to this problem is to enforce limits on the size of the plea/trial sentencing differential. As a practical matter, however, discount limits are unenforceable if prosecutors retain ultimate discretion over charge selection and declination. Because the doctrine of prosecutorial charging discretion is immune to …
The Private Bar: Partner For Healthy Communities, Sylvia Caley, Charity Scott
The Private Bar: Partner For Healthy Communities, Sylvia Caley, Charity Scott
Sylvia B. Caley
No abstract provided.