Law Commons^™

Am I My Brother’S Keeper? A Tax Law Perspective On The Challenge Of Balancing Gatekeeping Obligations And Zealous Advocacy In The Legal Profession, Richard L. Lavoie

Richard L. Lavoie

In recent years the question of whether lawyers have a general ethical obligation to serve a gatekeeping function has been raised in a number of legal contexts. The reaction of the practicing bar generally has been unenthusiastic. While asserting that a gatekeeping function should be generally applicable to all attorneys is a relatively recent stance, such an obligation historically has been acknowledged to various degrees in several specific practice areas, including particularly in the field of federal income taxation. This piece examines the gatekeeping question, and how the practicing bar should react to it, through an examination of the gatekeeping …

Creating And Sustaining Interdisciplinary Guardianship Committees, Carolyn L. Dessin, Julia R. Nack, Judge Thomas Swift

Carolyn L. Dessin

Over the past two decades, guardians, advocates, and the judiciary have been working at the national level to improve guardianship law and practice. This work was set in motion by a series of more than 200 Associated Press Wire Stories about guardianship abuses that were published in the mid-1980s. Over the next decade, guardians and other interested parties built relationships and established an association dedicated to improving guardianship. In the year 2000, members of the National Guardianship Association (“NGA”) wrote and formally adopted “Standards of Practice” for guardians. In 2001, at the Wingspan Conference held at Stetson University, other national …

Riding Into The Sunset In A "Post-Racial" World: Lessons In Equal Educational Opportuity And College Admissions Schemes In France And The United States, Kristen Barnes

Kristen Barnes

The purpose of this paper is to evaluate and compare two strategies designed to promote ethno-racial inclusion that were initiated in France and the United States in the context of higher education. In particular, I examine the Priority Education Agreements Program or CEP, an innovative affirmative action program which was implemented in 2001 by the Sciences Po, one of France’s elite universities, in relation to the Texas Ten Percent Plan that was established in 1997 in the United States by the State of Texas.

Sections I and II of this paper will provide the historical and social contexts in which …

Akron Law School: The Early History Of The University Of Akron School Of Law: 1921-1959, Richard Aynes, Margaret E. Matejkovic

Richard L. Aynes

This manuscript contains an initial history of the Akron Law School (1921-1959) the predecessor of the University of Akron School of Law. The school was founded in 1921 as an evening school. This manuscript begins with a biographical sketch of the founding Dean, Judge Charles R. Grant. Grant was an underage Union soldier in the Civil War who participated in the capture of New Orleans and whose service was recognized by the U.S. Congress. At a time when less than one percent of the people in the nation had a college degree, he graduated from Western Reserve College (then in …

Patent Attorney Malpractice: Case-Within-A-Case-Within-A-Case, Samuel Oddi

Samuel Oddi

As literary devices, a “story-within-a story” and a “play-within-a-play” have a long lineage. Shakespeare seems to have been particularly fond of these devices. The legal analog may be seen as the “case-within-a-case” (“trial-within-a-trial,” “suit-within-a-suit”) arising in legal malpractice cases. The case-within-a-case terminology seems to be the most commonly used and hence will be used herein. While it is clear that the “case” is the malpractice case, it is not so clear what the “case-within-” is, which is usually referred to as the “underlying case.” Often, it seems to be presumed that the underlying case is limited to litigation, which would …

Misappropriating Women's History In The Law And Politics Of Abortion, Tracy A. Thomas

Tracy A. Thomas

“Without known exception, the early American feminists condemned abortion in the strongest possible terms.” This claim about women’s history has been used by pro-life advocates for twenty years to control the political narrative of abortion. Conservatives, led by the group Feminists for Life, have used feminist icons from history to support their anti-abortion advocacy. Federal anti-abortion legislation has been named after feminist heroines, like the Elizabeth Cady Stanton Pregnancy and Parenting Students Act (co-sponsored by Rick Santorum) and the Susan B. Anthony and Frederick Douglass Act of 2011. Amicus briefs to the U.S. Supreme Court quote women’s rights leaders in …

Arbitrability And Vulnerability, Carolyn L. Dessin

Carolyn L. Dessin

Arbitration is cool. Everybody‟s doing it. In the eighty-five years since the passage of the Federal Arbitration Act, that seems to be the prevailing sentiment. Recent decades have seen the meteoric rise of arbitration as a form of alternative dispute resolution. Arbitration is widely regarded as a less expensive, more expeditious alternative to litigation.

Courts frequently note that federal policy clearly favors arbitration. No judicial enthusiasm for arbitration seems more complete than that evidenced in the jurisprudence of the United States Supreme Court.

Along with the rise of arbitration, however, there has also been a rise in the amount of …