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Articles 1 - 7 of 7

Full-Text Articles in Law

Mdps, Spinning, And Wouters V. Nova, Laurel S. Terry Jul 2002

Mdps, Spinning, And Wouters V. Nova, Laurel S. Terry

Faculty Scholarly Works

This article is one of a series of articles by Professor Laurel Terry regarding the topic of MDPs of multidisciplinary partnerships. In February 2002, the European Court of Justice issued its opinion in Wouters v. NOVA (Case C-309/99), which addressed a Netherlands Bar rule that prohibited multidisciplinary partnerships (MDPs) between lawyers and accountants. Wouters decided: 1) that the bar was an “undertaking” that was subject to the competition (antitrust) provision in the EU Treaty; 2) that the Dutch MDP ban restricted competition and that this restriction on competition was appreciable and affected intra-community trade; 3) that the Dutch MDP ban …


Law: Illumination Against Darkness, Alfred C. Aman Jr. Apr 2002

Law: Illumination Against Darkness, Alfred C. Aman Jr.

Alfred Aman Jr. (1991-2002)

No abstract provided.


Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John Lande Jan 2002

Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John Lande

John Lande

This Article discusses what can be done to promote productive behavior in mediation and reduce bad conduct. Although most participants do not abuse the mediation process, some people use mediation to drag out litigation, gain leverage for later negotiations, and generally wear down the opposition. Rules requiring good-faith participation are likely to be ineffective and possibly counterproductive. This Article proposes using dispute system design principles to develop policies satisfying the interests of stakeholders in court-connected mediation programs. After outlining interests of key stakeholder groups including litigants, attorneys, courts, and mediators, the Article describes specific policies that could satisfy their interests. …


Vol. 6 No. 2 Jan 2002

Vol. 6 No. 2

The Advocate

No abstract provided.


Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr. Jan 2002

Law And Justice In The Twenty-First Century, Geoffrey C. Hazard Jr.

Faculty Scholarship at Penn Carey Law

No abstract provided.


Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch Jan 2002

Lawyers On The Auction Block: Evaluation And Selection Of Class Counsel By Auction, Jill E. Fisch

Faculty Scholarship at Penn Carey Law

The lead counsel auction has attracted increasing attention. Auction advocates mgue that auctions introduce competitive market forces that improve the selection and compensation of class counsel. The benefits of the auction, the;' claim, include lower legal fees and better representation. Careful scrutiny reveals that auction advocates have overlooked substantial methodological problems with the design and implementation of the lead counsel auction. Even if these problems were overcome, the auction procedure is flawed: Auctions are poor tools for selecting firms based on multiple criteria, compromise the judicial role, and are unlikely to produce reasonable fee awards. Although the existing record is …


Empathy, Spring, And Fervorino, Susan Bennett Jan 2002

Empathy, Spring, And Fervorino, Susan Bennett

Articles in Law Reviews & Other Academic Journals

No abstract provided.