Law Commons^™

Appealability, Under The Collateral Order Doctrine, Of Orders Denying Motions For Appointment Of Counsel In Federal Civil Litigation After Richardson-Merrell, Inc. V. Koller, Kevin G. Dumbach

Touro Law Review

No abstract provided.

Liberty And Lawyers In Child Protection, Donald N. Duquette

Book Chapters

The distinguishing feature of the juvenile or family court which sets it apart from all other elements of the child protection system is that the court acts as arbiter of personal liberty. When society at large, through child protective services, attempts to intervene in the private life of a family on behalf of a child, the court must assure that the rights of the parents, the rights of the child, and the rights of society are protected and are abridged only after full and fair and objective court process. Only the court can abridge these personal rights in other than …

The Conservation Movement In A Corporate Age, Charles F. Wilkinson

Publications

No abstract provided.

Alternative Career Resolution: An Essay On The Removal Of Federal Judges, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Rico And The Forfeiture Of Attorneys' Fees: Removing The Adversary From The Adversarial System?, Tim Tracy

Washington Law Review

Analysis of the courts' application of RICO's amended forfeiture provisions to attorneys' fees entails consideration of the language of the statute, congressional intent, and the requirements of the fifth and sixth amendments. That analysis leads to a conclusion that neither legislative history nor statutory language requires the inclusion or exclusion of attorneys' fees from RICO forfeiture. Likewise, the right to counsel provided by the sixth amendment, upon which some courts have relied, does not adequately resolve the issue. Instead, fifth amendment due process analysis provides the requisite constitutional framework to resolve the fee forfeiture issue. Fifth amendment considerations compel recognition …

Prosecutorial Misconduct: Quelling The Tide Of Improper Comment To The Jury, Frank D. Celebrezze

Cleveland State Law Review

The United States Supreme Court, in Darden v. Wainwright, stated that where the error is forensic in nature, appellate courts should reverse a conviction when the prosecutor's misconduct "so infected the trial with unfairness as to make the resulting conviction a denial of due process." Therefore, except in the most egregious cases, appellate courts are placed in the uncomfortable position of condemning the prosecutor's behavior while affirming the conviction, thus fostering what an appellate judge once called "a deplorably cynical attitude towards the judiciary. This article will focus on one aspect of prosecutorial misconduct which has been chronicled with alarming …

The Lawyer's Role In The Independent Adoption Process: Parental Consent And Best Interests Of The Child, Diana Lafemina

Touro Law Review

No abstract provided.

The Concept Of A Restatement Of The Law Governing Lawyers, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Tribute To Professor Robert Liberman, Robert B. Kent

Cornell Law Faculty Publications

No abstract provided.

Of Carrots And Sticks: Evaluating The Role Of The Class Action Lawyer, Mary Kay Kane

Faculty Scholarship

No abstract provided.

On-The-Job Training In Appellate Litigation Skills: A Comparative Study, Michael F. Noone Jr.

Scholarly Articles

Each year, hundreds of federal attorneys brief and argue criminal cases before courts of appeal, but the only federally- sponsored training programs in appellate advocacy are devoted primarily to civil appeals. Conversations with members of the staff of the Practicing Law Institute and the Federal -and American Bar Associations established that short courses in appellate litigation skills are not routinely offered. Therefore, we can conclude that most government attorneys involved in criminal appeals learn or improve their appellate litigation skills on the job.

This article is about their training. While there is a wealth of legal literature on appellate advocacy …

Feminism And Legal Method: The Difference It Makes, Mary Jane Mossman

Articles & Book Chapters

Prompted by questions raised in A Feminist Perspective in the Academy: The Difference It Makes, Mossman questions whether or not feminist theory, namely as it concerns equality and the impact of women as key actors, could impact the structure of legal inquiry.

On Being A Professional Elder, Thomas L. Shaffer

Journal Articles

The Professional Elder gives their wisdom to the young in the hopes that the wisdom will enable them to do better than the elders had done. This concept is exemplified through literature and films. However, the Professional Elder—elders in the profession who serve as moral teachers to the young—has diminished over time. This Article seeks to explain how the role of the professional elder has changed over time and the problems with the modern gentlemen’s ethic. He proposes that professional elders can return to serving as authoritative moral teachers through liberal learning and moral craftmanship.

Forfeiture Of Legal Fees: Who Stands To Lose?, G. Robert Blakey

Journal Articles

It is widely accepted that criminals should not benefit from the fruits of their crime. But it is equally accepted that the accused are innocent until proven guilty. There are three alternatives currently being evaluated for determining how legal fees shall be paid for organized crime—free market, political decisions, or judiciary determinations. This Article presents the argument that clients who might possess illicit assets should be able to pay them to a lawyer rather than forfeit them to the government. It discusses how legal forfeiture is handled within the Racketeer Influence and Corrupt Organizations statute (RICO) and the Continuing Criminal …

Foreword: Public Health & The Law—A Symposium Dedicated To Professor William J. Curran, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This essay serves as the foreword to Public Health & the Law, a symposium dedicated to Professor William J. Curran held in 1987.

During his career, Professor Curran chaired the Harvard School of Public Health Committee on Human Research; he directed the Program in Law and Public Health; and he was co-director of the Harvard Interfaculty Program in Medical Ethics from 1973 to 1980. He was also an advisor to the World Health Organization and spent two sabbatical periods in Europe with WHO organizations. He advised and lectured in countries throughout the world.

At Harvard Law School and at …

Law, Time, And Community, David M. Engel

Journal Articles

Research concerning law and social change has almost always treated time as a universal constant and a baseline against which variations in behavior can be measured. Yet a significant literature exists demonstrating that researchers can also regard time as a socially constructed phenomenon requiring analytic interpretation in its own right. This article explores two aspects of the human experience of time that were especially important for the residents of a rural American community: the sense of time's iterative character and its linear or irreversible quality. These two ways of experiencing and conceptualizing time played a significant part in efforts by …

Interviewing And Counseling Older Clients, J.P. "Sandy" Ogilvy

Scholarly Articles

No abstract provided.

On Persuasion And Paternalism: Lawyer Decisionmaking And The Questionably Competent Client, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.