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Articles 1 - 29 of 29
Full-Text Articles in Law
Government Speech And The Publicly Employed Attorney, Margaret Tarkington
Government Speech And The Publicly Employed Attorney, Margaret Tarkington
BYU Law Review
In Garcetti v. Ceballos, the U.S. Supreme Court incorporated the "government speech" doctrine into its case law regarding the speech rights of public employees. This incorporation had the effect of nullifying a public employee's free speech rights whenever the employee is speaking pursuant to her official duties. While the Garcetti rule may be problematic in a number situations, it is particularly problematic as applied to publicly employed attorney speech, most notably the speech of prosecutors and public defenders. Attorney speech (including the speech of publicly employed attorneys) is not government speech and should not be treated as government speech. A …
Law Clerks Out Of Context, Parker B. Potter Jr.
Law Clerks Out Of Context, Parker B. Potter Jr.
The University of New Hampshire Law Review
[Excerpt] “In a previous article, I examined judicial opinions in cases in which law clerks have gone wild, principally by doing things that law clerks just aren‘t supposed to do, such as convening court, conducting independent factual investigations into matters before their judges, or leaking drafts of opinions to the press. Here, I focus on opinions in federal cases that discuss two other categories of unusual law-clerk activity, serving as a source of evidence, and going to court, as a litigant.
The article is informed by my ten years of experience as a trial court law clerk in the state …
Managing A Law Practice: What You Need To Learn In Law School, Gary A. Munneke
Managing A Law Practice: What You Need To Learn In Law School, Gary A. Munneke
Pace Law Review
No abstract provided.
A Tribute To William F. Harrington, Jay C. Carlisle Ii, Richard L. Ottinger
A Tribute To William F. Harrington, Jay C. Carlisle Ii, Richard L. Ottinger
Pace Law Review
No abstract provided.
Appellate Law, L. Steven Emmert
Appellate Law, L. Steven Emmert
University of Richmond Law Review
No abstract provided.
Professional Responsibility, James M. Mccauley
Professional Responsibility, James M. Mccauley
University of Richmond Law Review
No abstract provided.
Broadening Access To Justice In Nevada By Defining The Practice Of Law, Karlee M. Phelps
Broadening Access To Justice In Nevada By Defining The Practice Of Law, Karlee M. Phelps
Nevada Law Journal
No abstract provided.
The Knowledge Guild: The Legal Profession In An Age Of Technological Change, Paul F. Kirgis
The Knowledge Guild: The Legal Profession In An Age Of Technological Change, Paul F. Kirgis
Nevada Law Journal
No abstract provided.
"We're Not Running A Charity Here": Rethinking Public Interest Lawyers' Relationships With Bottom-Line-Driven Pro Bono Programs, Leonore F. Carpenter
"We're Not Running A Charity Here": Rethinking Public Interest Lawyers' Relationships With Bottom-Line-Driven Pro Bono Programs, Leonore F. Carpenter
Buffalo Public Interest Law Journal
No abstract provided.
The Soul Of The Profession, Mario M. Cuomo
Misunderstanding Lawyers' Ethics, Monroe H. Freedman, Abbe Smith
Misunderstanding Lawyers' Ethics, Monroe H. Freedman, Abbe Smith
Michigan Law Review
The title of Daniel Markovits's book, A Modern Legal Ethics, gives the impression that it is a comprehensive treatise on contemporary lawyers' ethics. The contents of the book, however, are both more limited and more expansive than the title suggests. Markovits's treatment of lawyers' ethics concerns itself with what he conceives to be the pervasive guilty conscience of practicing lawyers over their "professional viciousness" (p. 36), and how lawyers can achieve a guilt-free professional identity "worthy of ... commitment" (p. 2). Markovits's goal in the book is to "articulat[e] a powerful and distinctively lawyerly virtue" (p. 2), one that …
Pining For Sustainability, Timothy M. Mulvaney
Pining For Sustainability, Timothy M. Mulvaney
University of Richmond Law Review
In the legal academic community, there are significant positive signs demonstrating attention to sustainable practices, from course offerings to many day-to-day operations. Scholarly research also reflects this positive trend. Much of this recent scholarship assesses sustainability-focused regulatory and normative efforts to address the impacts associated with a warming planet in marked detail, and there is an additional plethora of writing on the many topics beyond the changing climate that raise sustainability questions.
Ineffective Assistance Of Counsel In Plea Bargain Negotiations , Paul J. Sampson
Ineffective Assistance Of Counsel In Plea Bargain Negotiations , Paul J. Sampson
BYU Law Review
No abstract provided.
A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis
A Fool For A Client: Competency Standards In Pro Se Cases , Reed Willis
BYU Law Review
No abstract provided.
Professional Responsibilities Of Co-Counsel: Joint Venturers Or Scorpions In A Bottle?, Douglas R. Richmond
Professional Responsibilities Of Co-Counsel: Joint Venturers Or Scorpions In A Bottle?, Douglas R. Richmond
Kentucky Law Journal
No abstract provided.
Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, 28 J. Marshall J. Computer & Info. L. 217 (2010), Michael N. Widener
Safeguarding "The Precious": Counsel On Law Journal Publication Agreements In Digital Times, 28 J. Marshall J. Computer & Info. L. 217 (2010), Michael N. Widener
UIC John Marshall Journal of Information Technology & Privacy Law
Heaping scholarship fills the academic print and online press about where legal scholars should publish and how to have one’s paper accepted for publication. But there is scarce writing about the contractual relationship between the law journal and the author of an accepted paper. This may be due in part to broadly misconstrued or ignored publication agrees, or perhaps that the business relationship is unworthy of scholarly attention. Regardless, this paper introduces a pragmatist’s perspective on evaluating and revising publication agreements, and informs student editors how publication agreements accomplish a journal’s objectives, based on current copyright law. Finally, this paper …
Comments: "Simplification" Is Not Enough: An Analysis Of The Home Office Tax Deduction And The Home Office Simplification Act Of 2009, Lauren Marini
Comments: "Simplification" Is Not Enough: An Analysis Of The Home Office Tax Deduction And The Home Office Simplification Act Of 2009, Lauren Marini
University of Baltimore Law Review
No abstract provided.
Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover
Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover
Richmond Journal of Law and the Public Interest
The Health Insurance Portability and Accountability Act of 1996 ("HIPAA ") governs the management of protected health information by covered entities (e.g., health care providers) and their business associates. However, the Health Information Technology for Economic and Clinical Health Act ("HITECH"), contained within the American Recovery and Reinvestment Act of 2009 ("ARRA"), drastically alters the scope of HIPAA regulations with regard to business associates, including law firms that routinely handle the protected health information ("PHI") governed by HIPAA. Under the HITECH Act, the definition of "business associate" is expanded, and these entities are treated as "covered" for purposes of the …
Rethinking Professional Fees In Chapter 11 Cases, Nancy B. Rapoport
Rethinking Professional Fees In Chapter 11 Cases, Nancy B. Rapoport
Journal of Business & Technology Law
No abstract provided.
Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover
Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover
Richmond Public Interest Law Review
The Health Insurance Portability and Accountability Act of 1996 ("HIPAA ") governs the management of protected health information by covered entities (e.g., health care providers) and their business associates. However, the Health Information Technology for Economic and Clinical Health Act ("HITECH"), contained within the American Recovery and Reinvestment Act of 2009 ("ARRA"), drastically alters the scope of HIPAA regulations with regard to business associates, including law firms that routinely handle the protected health information ("PHI") governed by HIPAA. Under the HITECH Act, the definition of "business associate" is expanded, and these entities are treated as "covered" for purposes of the …
Comments: Uncertainty For Practitioners And The Judiciary As Well As The Need For A Minimum Standard Demonstrate That Fiduciary Duties Should Be Incorporated Into Maryland's Llc Act, Michael S. Spencer
University of Baltimore Law Review
No abstract provided.
A Critical Survey Of The Law, Ethics, And Economics Of Attorney Contingent Fee Arrangements, Adam Shajnfeld
A Critical Survey Of The Law, Ethics, And Economics Of Attorney Contingent Fee Arrangements, Adam Shajnfeld
NYLS Law Review
No abstract provided.
Shutting Off The School-To-Prison Pipeline For Status Offenders With Education-Related Disabilities, Joseph B. Tulman, Douglas M. Weck
Shutting Off The School-To-Prison Pipeline For Status Offenders With Education-Related Disabilities, Joseph B. Tulman, Douglas M. Weck
NYLS Law Review
No abstract provided.
The Future Of Inadvertent Disclosure: The Lingering Need To Revise Professional Conduct Rules, Paula Schaefer
The Future Of Inadvertent Disclosure: The Lingering Need To Revise Professional Conduct Rules, Paula Schaefer
Maryland Law Review
No abstract provided.
Arbitrariness: Why The Most Important Idea In Administrative Law Can't Be Defined, And What This Means For The Law In General, R. George Wright
Arbitrariness: Why The Most Important Idea In Administrative Law Can't Be Defined, And What This Means For The Law In General, R. George Wright
University of Richmond Law Review
No abstract provided.
The Person In Law, The Number In Math: Improved Analysis Of The Subject As Foundation For A Noveau Régime , Orlando I. Martínez-García
The Person In Law, The Number In Math: Improved Analysis Of The Subject As Foundation For A Noveau Régime , Orlando I. Martínez-García
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Review Of Richard A. Posner, How Judges Think (2008), Jeffrey S. Sutton
A Review Of Richard A. Posner, How Judges Think (2008), Jeffrey S. Sutton
Michigan Law Review
I was eager to enter the judiciary. I liked the title: federal judge. I liked the job security: life tenure. And I could tolerate the pay: the same as Richard Posner's. That, indeed, may have been the most flattering part of the opportunity-that I could hold the same title and have the same pay grade as one of America's most stunning legal minds. Don't think I didn't mention it when I had the chance. There is so much to admire about Judge Posner-his lively pen, his curiosity, his energy, his apparent understanding of: everything. He has written 53 books, more …
Slipping Away From Justice: The Effect Of Attorney Skill On Trial Outcomes, Jennifer B. Shinall
Slipping Away From Justice: The Effect Of Attorney Skill On Trial Outcomes, Jennifer B. Shinall
Vanderbilt Law Review
Fred Goldman blamed the defense attorneys when a Los Angeles jury found O.J. Simpson not guilty of murdering his son, Ron Goldman, and Nicole Brown Simpson on October 3, 1995. Yet Goldman was not the only one who blamed the defense attorneys for the acquittal; much of the media agreed that Simpson was guilty and had escaped his rightful punishment. As one New York Times reporter lamented, "To watch Mr. Simpson slip away from justice ... was an infuriating sight." People who believed in Simpson's guilt cited Johnnie Cochran's decision to "play the race card" and his clever catch phrases …