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Full-Text Articles in Law
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
Intellectual Property Rights In An Attorney’S Work Product, Ralph D. Clifford
University of Massachusetts Law Review
This paper addresses the main intellectual property consequences of practicing law and whether attorneys can prevent others from using their work-product. The article does not assume that the reader is an expert in intellectual property law; instead, it is designed to answer the types of questions practitioners have about their rights. There is one primary legal code that impacts attorneys’ rights to their work-product: the copyright law. As a broad statement, copyright law protects how an author expresses ideas. It is the system that is used to prevent others from copying a book, a movie, a musical composition, or even …
The Adversarial System, Three Lemons, And Cocaine: The Role Of Confirmation Bias, Curtis E.A. Karnow
The Adversarial System, Three Lemons, And Cocaine: The Role Of Confirmation Bias, Curtis E.A. Karnow
Curtis E.A. Karnow
A short note on confirmation bias and cognitive dissonance as it affects decision making by lawyers and judges.
Ethically Ambiguous Negotiation Tactics (Eants): What Are The Rules Behind The Rules?, John Wade
Ethically Ambiguous Negotiation Tactics (Eants): What Are The Rules Behind The Rules?, John Wade
John Wade
This paper will briefly discuss the following: • A catalogue of the EANTs in use in negotiation and litigation. • How common are these behaviours amongst lawyers? • What are the attempted controls (or not) of these EANTs in different cultures?---market isolation, law, and “ethics”? • Focussing on attempted ethical controls, what are the five (often overlapping) historic schools of “ethics”? • Which school of “ethics” do various written codes of law societies predominantly reflect? –answer: pragmatism and self interest. • If the epidemic of EANTs needs to be reduced, should pragmatism and self interest be taught and modelled more …
Tell Us A Story, But Don't Make It A Good One: Resolving The Confusion Regarding Emotional Stories And Federal Rule Of Evidence 403, Cathren Page
Cathren Page
Abstract: Tell Us a Story, But Don’t Make It A Good One: Resolving the Confusion Regarding Emotional Stories and Federal Rule of Evidence 403 by Cathren Koehlert-Page Courts need to reword their opinions regarding Rule 403 to address the tension between the advice to tell an emotionally evocative story at trial and the notion that evidence can be excluded if it is too emotional. In the murder mystery Mystic River, Dave Boyle is kidnapped in the beginning. The audience feels empathy for Dave who as an adult becomes one of the main suspects in the murder of his friend Jimmy’s …
The Case For Forgiveness In Legal Disputes, Eileen Barker
The Case For Forgiveness In Legal Disputes, Eileen Barker
Pepperdine Dispute Resolution Law Journal
The article offers information on the education and understanding of forgiveness, which assists lawyers and mediators in supporting their clients in the area of forgiveness. It discusses two types of forgiveness relevant to legal disputes including bilateral forgiveness and unilateral forgiveness, and briefs common misconceptions about forgiveness. It analyzes that the essence of forgiveness is the giving up of resentment, anger, and hatred.
Revolution Imagined: Cause Advocacy, Consumer Rights, And The Evolving Role Of Ngos In Thailand, Frank W. Munger
Revolution Imagined: Cause Advocacy, Consumer Rights, And The Evolving Role Of Ngos In Thailand, Frank W. Munger
Articles & Chapters
This article describes the founding and evolution of a “Thai-style” NGO dedicated to consumer protection. Through a description of the NGO and the career of its founder, the article brings to light features of the evolution of NGO based advocacy in Thailand from the student uprising in 1973 to the present. The legacy of the 1973 October Generation of activists continues to influence development of NGOs but new emphasis on rights has emerged since the era of constitutional reform in the 1990s. Many NGOs now make use of litigation to attempt to achieve social change, but litigation, like other long-standing …
The Law Comes To Campus: The Evolution And Current Role Of The Office Of The General Counsel On College And University Campuses, Jason A. Block
The Law Comes To Campus: The Evolution And Current Role Of The Office Of The General Counsel On College And University Campuses, Jason A. Block
Theses and Dissertations--Educational Policy Studies and Evaluation
Much has been written in the literature of higher education on the history and current role of presidents, provosts, and deans. However, higher education scholars have, for the most part ignored the role of institutional in-house attorneys on college and university campuses. Those who have written on the subject of institutional counsel have proffered the idea that in-house general counsel offices were established as a result of the increased regulation of higher education by state and federal governments, and litigation resulting from the faculty and student rights movements of the 1960s and 1970s. This project seeks to provide a detailed …
Rethinking Summary Judgment Empirics: The Life Of The Parties, Jonah B. Gelbach
Rethinking Summary Judgment Empirics: The Life Of The Parties, Jonah B. Gelbach
All Faculty Scholarship
No abstract provided.