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Full-Text Articles in Law
An Identity In Disarray: The Federal Deposit Insurance Corporation's Government-Agency Status, Adam Shajnfeld
An Identity In Disarray: The Federal Deposit Insurance Corporation's Government-Agency Status, Adam Shajnfeld
Adam Shajnfeld
In the last three years, the world has experienced one of the worst banking catastrophes in its history. In the United States alone, some 282 banks have failed since January 2008. This burgeoning devastation has catapulted the Federal Deposit Insurance Corporation (“FDIC”) to the forefront of crisis-management as it acts as receiver for each of these failed institutions. With high stakes, vast consequences, and little time to dither, the receivership process and its participants require stable, clear and predictable jurisprudence. One issue, however, continues to elude these jurisprudential virtues: is the FDIC, when acting as a failed bank’s receiver, considered …
The Eleventh Circuit's Selective Assault On Sentencing Discretion, Adam Shajnfeld
The Eleventh Circuit's Selective Assault On Sentencing Discretion, Adam Shajnfeld
Adam Shajnfeld
Ever since the Supreme Court declared that the sentences which district courts impose on criminal defendants are to be reviewed on appeal for “unreasonableness,” the standard’s contours have remained elusive and mired in controversy, despite the Court’s repeated attempts at elucidation. In few instances is this confounding state of affairs more apparent and acute than in the Eleventh Circuit’s recent lengthy and factious en banc decision in United States v. Irey. This article explores Irey’s merits, mistakes, and lessons, trying to locate each within the broader context of the Eleventh Circuit’s sentencing jurisprudence. In doing so, the article advances three …
A Critical Survey Of The Law, Ethics And Economics Of Attorney Contingent Fee Arrangements, Adam Shajnfeld
A Critical Survey Of The Law, Ethics And Economics Of Attorney Contingent Fee Arrangements, Adam Shajnfeld
Adam Shajnfeld
This Article presents a critical survey of the law, ethics and economics of contingent fee arrangements for legal representation. First, it introduces the contingent fee, its history, and the various forms it takes. Second, it discusses and proposes changes in the use (or prohibition) of contingent fees in criminal, domestic relations and corporate matters. Third, it explores the concept of risk and its effect on legal fees, and analyzes various proposals that aim to reform risk-insensitive and uncompetitive pricing. Fourth, it examines agency problems in the attorney-client relationship that may be affected by fee arrangements, and makes suggestions for overcoming …