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Full-Text Articles in Law
Targeted, Direct-Mail Solicitation: Shapero V. Kentucky Bar Association Under Attack, Jeffrey S. Kinsler
Targeted, Direct-Mail Solicitation: Shapero V. Kentucky Bar Association Under Attack, Jeffrey S. Kinsler
Law Faculty Scholarship
Attorneys have been reluctant to take part in advertising and solicitation since the United States Supreme Court specifically allowed their use sixteen years ago. Of those attorneys who have advertised or solicited, most have used the traditional forms of advertising such as television, radio, and print media. Attorneys have been particularly averse to direct-mail solicitation, which may be the most effective form of advertisement. Prior to 1988, the scarcity of attorney solicitation could be explained by the unsettled nature of the governing law. In that year, however, the Supreme Court finally clarified the law regarding targeted, direct mail solicitation by …
Native American Restricted Allotments: A Surviving Spouse's Elective Share Rights, Jeffrey S. Kinsler
Native American Restricted Allotments: A Surviving Spouse's Elective Share Rights, Jeffrey S. Kinsler
Law Faculty Scholarship
Nearly all states have laws that prohibit decedents from disinheriting their spouses. In these states, if a surviving spouse is disinherited, the spouse may renounce the will and elect to take a certain percentage of the decedent's estate. In Oklahoma and Nebraska, for instance, a surviving spouse may elect to take one-half of the decedent's estate in lieu of the devises, if any, made for the surviving spouse in the will. These "elective share" statutes afford long-term financial security for surviving spouses. A century ago, Native Americans acquired real estate by allotment. Under the allotment system, the federal government issued …
The Proper Location Of Party-Depositions Under The Federal Rules Of Civil Procedure, Jeffrey S. Kinsler
The Proper Location Of Party-Depositions Under The Federal Rules Of Civil Procedure, Jeffrey S. Kinsler
Law Faculty Scholarship
Federal Rules of Civil Procedure provide numerous mechanisms for noticing and conducting party-depositions, but they are silent about location. Determining the proper location of party-depositions requires a foray into a confusing, and sometimes inconsistent, line of case law. For instance, some courts hold that the proper location to depose a corporate representative is the judicial district in which the corporation maintains its principal place of business, while others suggest that it is the district in which the suit is pending. This Article clarifies the law concerning the proper location of party-depositions and proposes a hard-and-fast rule for determining the appropriate …
Exposure To Tobacco Smoke Is More Than Offensive, It Is Cruel And Unusual Punishment, Jeffrey S. Kinsler
Exposure To Tobacco Smoke Is More Than Offensive, It Is Cruel And Unusual Punishment, Jeffrey S. Kinsler
Law Faculty Scholarship
In McKinney v. Anderson, the Ninth Circuit Court of Appeals found that compelled exposure to environmental tobacco smoke (ETS) may constitute cruel and unusual punishment. The Fifth, Seventh, and Tenth Circuits, however, have reached the opposite conclusion. The Supreme Court should affirm the Ninth Circuit's ruling in McKinney for two reasons. First, the medical evidence introduced since the Ninth Circuit decided McKinney confirms that court's belief "that the attitude of our society has evolved at least to a point that it violates current standards of decency to expose unwilling prisoners to ETS levels that pose an unreasonable risk of harm …