Law Commons^™

Are Law Firm Partners Islands Unto Themselves? An Empirical Study Of Law Firm Peer Review And Culture, Susan Saab Fortney

Faculty Scholarship

This article examines how attitude and law firm culture affect peer review and principal accountability by using empirical data obtained from a survey of Texas law firms. Part I briefly describes the research design and the general profiles of respondents of the survey. Part II discusses the peer review measures used by the firms surveyed for this article. Part III analyzes attitudes about peer review. Part IV focuses on the obstacles to peer review. Part V considers the connection between firm culture and the implementation of peer review measures. Finally, the conclusion explains how firm managers can reshape attitudes to …

A More Sensible Approach To Regulating Independent Expenditures: Defending The Constitutionality Of The Fed's New Express Advocacy Standard, Michael D. Leffel

Michigan Law Review

Campaign finance reformers argue that the "unholy alliance of private money and public elections" has created "a crisis of confidence in our elected officials." The now-deceased campaign reform advocate Philip M. Stem summed up the role of money in campaigns this way: "[M]oney-power has replaced people-power as the driving force in American politics and the determinant of electoral victory." One form of "money-power" in elections that received a great deal of attention in the last election cycle was "independent expenditures." Independent expenditures are funds spent by interested individuals or groups - usually in the form of television or radio advertisements …

Case Against Postmodern Censorship Theory , Steven G. Gey

University of Pennsylvania Law Review

No abstract provided.

Journal Staff

Duke Law Journal

No abstract provided.

Avocats Et Divorce Aux Etats-Unis: La Transformation Des Pratiques Professionnelles, Lynn M. Mather, Craig A. Mcewen, Richard J. Maiman

Journal Articles

Les transformations sociales et les évolutions juridiques qui sont intervenues aux États-Unis depuis les années 60 ont eu de multiples effets sur le travail des avocats en matière de divorce. Le présent article analyse ces transformations en s'appuyant sur des entretiens avec des avocats et sur l'analyse de l'activité des tribunaux dans les États du Maine et du New Hampshire. Il souligne notamment l'importance que revêt l'accroissement du nombre des divorces parmi les couples ayant des ressources moyennes ou faibles. Il décrit aussi la féminisation rapide du barreau, une tendance qui se trouve particulièrement accentuée en ce qui concerne les …

A Theory Of Insurance Policy Interpretation, Kenneth S. Abraham

Michigan Law Review

The first principle of insurance law is captured by the maxim contra proferentem, which directs that ambiguities in a contract be interpreted "against the drafter," who is almost always the insurer. Yet given the modern recognition that language is an inherently imperfect instrument for communicating meaning, insurance policy provisions are in a sense always ambiguous. Moreover, in addition to contra proferentem, policyholders may invoke such allied doctrines as waiver, estoppel, and the rule that the reasonable expectations of the insured should be honored even if those expectations are unambiguously contradicted by fine-print provisions in the policy. Contra proferentem and these …

Recent Books, Michigan Law Review

Michigan Law Review

A list of books recenlty received by Michigan Law Review.

The State Of Caveat Emptor In Alaska As It Applies To Real Property, James R. Pomeranz

Alaska Law Review

No abstract provided.

Ancsa Corporation Lands And The Dependent Indian Community Category Of Indian Country, David M. Blurton

Alaska Law Review

No abstract provided.

Converting To A Limited Liability Company: Considerations For Alaska Business Organizations, Katherine Quigley

Alaska Law Review

No abstract provided.

Journal Staff

Alaska Law Review

No abstract provided.

The Ali Principles Of Corporate Governance Compared With Georgia Law—Continued, Marjorie Fine Knowles, Colin Flannery

Mercer Law Review

I. PART VII, CHAPTER 1: THE DERIVATIVE ACTION

Nothing in The American Law Institute's. . . Principles of Corporate Governance: Analysis and Recommendations... proved more controversial than the effort to develop fair and balanced standards for the derivative action. Only the topic of corporate takeovers seems to evoke an equally intense level of emotion among corporate lawyers. Not surprisingly then, Part VII (Remedies) of the Principles attracted the same attention from critics that a lightning rod does in a thunderstorm.

Indeed, the lobbying and scrutiny visited upon the American Law Institute's ("ALI") work on the derivative action from the various …

Wills, Trusts, And Administration Of Estates, James C. Rehberg

Mercer Law Review

A survey of developments in any area of law requires a look backward and a look forward-a look backward at what the appellate courts have done with controversies that developed under existing statutes and decisions, and a look forward at what those courts will probably do with comparable controversies that develop under recently enacted statutes. Thus, in this survey of fiduciary law developments during the past year, we begin with reported cases that appear to be instructive. Classifying these cases under one heading or another is difficult, but an effort will be made to do so in the chronological sequence …

Evidence, Marc T. Treadwell

Mercer Law Review

The survey period saw a number of cases raising significant evidentiary issues. For example, lawyers engaged in civil litigation should be aware of decisions addressing the admissibility of collateral source payments and offers to pay medical bills in tort actions. Also, the court of appeals struggled with the question of whether the forfeiture of a bond posted in response to a traffic citation is admissible in a subsequent civil action as an admission of liability. With regard to criminal law, decisions rendered during the survey period suggest that at least some members of the supreme court will be taking a …

Real Property, T. Daniel Brannan, Stephen M. Lamastra, William J. Sheppard

Mercer Law Review

This article surveys case law and legislative developments in the Georgia law of real property from June 1, 1995 to May 31, 1996. The authors do not endeavor to chronicle every case decided in the survey period but, instead, focus on cases and other developments of general significance. This article discusses several significant cases decided during the survey period and the single meaningful alteration in Georgia statutes relating to real property.

Trial Practice And Procedure, C. Frederick Overby, Teresa T. Abell

Mercer Law Review

Developments in the law of personal jurisdiction and venue, the professional malpractice affidavit pleading requirement embodied by Official Code of Georgia Annotated ("O.C.G.A.") section 9-11-9.1, and the doctrines of res judicata and collateral estoppel continued to refine the law during this survey period. Additionally, this survey reviews significant decisions discussing disqualification of jurors for cause, actions for prenatal injuries, procedure in connection with trials involving default judgment, and remedies for spoliation of evidence. Due to the number of decisions, this review seeks to analyze the most significant and practical developments in the areas of trial practice and procedure in Georgia …

Whitner V. State: Expanding Child Abuse And Endangerment Laws To Protect Viable Fetuses From Prenatal Substance Abuse, Stephanie Hainer Ojeda

West Virginia Law Review

No abstract provided.

Torts, Cynthia Trimboli Adams, Charles R. Adams Iii

Mercer Law Review

These were purportedly among the last words of the tycoon John Jacob Astor as, clad in formal evening attire, he tenderly placed his wife into a lifeboat and, a gentleman to the last, prepared to meet his watery grave aboard the Titanic after it struck an iceberg in the frosty North Atlantic ocean on April 15, 1912. For the writers of this survey, faced with navigating through a record number of torts cases, this scene is rife with analogies. Obviously, asking for a little and getting a lot is appropriate. As usual, space requirements have forced us to make a …

A Primer On Prejudgment Interest, Michael S. Knoll

All Faculty Scholarship

No abstract provided.

Is Turn About Fair Play? Copyright Law And The Fair Use Of Computer Software Loaded Into Ram, Chad G. Asarch

Michigan Law Review

Computer systems, especially those in heavy-use commercial settings, often require routine maintenance to continue functioning properly. Many businesses turn to an independent service organization ("IS0") to provide computer maintenance services because ISOs frequently charge less than the original equipment manufacturer ("OEM") for those services. The tremendous growth in computer use has spawned a multi-billion dollar computer maintenance industry in the United States, and ISOs and OEMs have become engaged in fierce competition for this computer service business. The struggle between ISOs and OEMs to capture this expanding market has spilled over into the courts, spawning a number of recent decisions …

Revitalizing Environmental Federalism, Daniel C. Esty

Michigan Law Review

Politicians from Speaker Newt Gingrich to President Bill Clinton, cheered on by academics such as Richard Revesz, are eagerly seeking to return authority over environmental regulation to the states. In the European Union, localist opponents of environmental decisionmaking in Brussels rally under the banner of "subsidiarity." And in debates over international trade liberalization, demands abound for the protection of "national sovereignty" in environmental regulation. All of these efforts presume that a decentralized approach to environmental policy will yield better results than more centralized programs. This presumption is misguided. While the character of some environmental concerns warrants a preference for local …

Farley V. Sartin And Tort Claims For The Wrongful Death Of A Nonviable Fetus: Paradigms, Imponderables And Proposals, Teree Foster

West Virginia Law Review

No abstract provided.

Relational And Liberal Feminism: The Ethic Of Care, Fetal Personhood And Autonomy, Joyce E. Mcconnell

West Virginia Law Review

No abstract provided.

Official Oppression: A Historical Analysis Of Low-Level Police Abuse And A Modern Attempt At Reform, David Cohen

David S Cohen

No abstract provided.

Vol. 47, No. 5, November 25, 1996, University Of Michigan Law School

Res Gestae

•He's Back! •Kozinski Pleads: Don't Drop the Torah •Kamisar Pens Suicide "Note" •Post-Election Round-Up •RG Lineman of Fine Culture Jason Blankenship Tackles Teenage Wondercrooner Fiona Apple •B&B's Fun Page: B&B Explore the Miracles of Birth •How to Become President of a Large Midwestern University

Warrior Ants: The Enduring Threat Of The Small War And The Land-Mine, Kenneth Anderson

Book Reviews

This 1996 Times Literary Supplement essay examines two very different books about aspects of warfare. Robert O'Connell's Ride of the Second Horseman is a speculative history of the rise of warfare among human beings, looking back to early human beings. It is a striking account, even though speculative, because it deals in early human behavior without offering an explanation from evolutionary biology. O'Connell acknowledges that non-human species can engage in warfare, and specifically notes ants. In that process, he carefully distinguishes - as few writers do - between aggression, violence, weapons use, predation, and war.

The Record - Vol. 30, Issue 16, Iit Chicago-Kent College Of Law

The Record

Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.

Prop. 209 Stymies Outreach Event

Press Releases

No abstract provided.

The Advocate, The Advocate, Fordham Law School

The Advocate

NAPIL Names Dean Feerick 'Dean Of The Year'; Fordham Law Students/Staff Brave Storm To Show They Care; HTTP://WWW.FORDHAM.EDU/ILJ_ONLINE

Appeal No. 0590: Lomak Petroleum, Inc. V. Donald L. Mason, Chief, Division Of Oil & Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 96-186