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Articles 151 - 167 of 167
Full-Text Articles in Law
Professional Responsibility Law In Florida: The Year In Review, 1995, Timothy P. Chinaris
Professional Responsibility Law In Florida: The Year In Review, 1995, Timothy P. Chinaris
Law Faculty Scholarship
The past year saw a number of interesting and innovative developments in Florida's professional responsibility jurisprudence. This article reviews significant Florida court decisions, ethics rules, and advisory ethics opinions handed down during the year that are likely to affect Florida lawyers as they attempt to represent their clients zealously while complying with the letter, if not always the spirit, of the Florida Rules of Professional Conduct ("RPC"). Today's lawyer may act in many different capacities, at times assuming the role of advocate, advisor, counselor, fiduciary, intermediary, businessperson, or marketer. The lawyer must adhere to a host of sometimes-overlapping ethical obligations …
Requests For Admission In Wisconsin Procedure: Civil Litigation's Double-Edged Sword, Jeffrey S. Kinsler
Requests For Admission In Wisconsin Procedure: Civil Litigation's Double-Edged Sword, Jeffrey S. Kinsler
Law Faculty Scholarship
Requests for admission are the most effective, but least utilized, form of discovery. Interrogatories, document production requests and depositions are routinely used in civil litigation, but as few as ten percent of attorneys use requests for admission. Admissions have the potential to simplify legal and factual issues, expedite civil litigation, and reduce costs for clients, lawyers and taxpayers. Requests for admission have proven to be an effective discovery device in many types of civil actions,and nothing expedites discovery and brings the litigation to a head faster than requests for admission. Despite such enormous potential, Wisconsin trial lawyers have been extremely …
Politically Incorrect, Jeffrey S. Kinsler
Politically Incorrect, Jeffrey S. Kinsler
Law Faculty Scholarship
Review of Politically Correct Bedtime Stories, James Finn Garner. New York: MacMillan Publishing Company. 1994. 79 pp. $8.95.
Motor Freight Brokers: A Tale Of Federal Regulatory Pandemonium, Jeffrey S. Kinsler
Motor Freight Brokers: A Tale Of Federal Regulatory Pandemonium, Jeffrey S. Kinsler
Law Faculty Scholarship
Motor freight brokers are the connecting link between shippers and carriers, uniting shippers who have cargo to deliver with carriers who have available motor transportation. Acting as traffic managers for shippers and sales agents for carriers, brokers arrange thousands of transactions each day, many of which either start or end up in the international stream of commerce. If used effectively, brokers can lower the transportation costs of domestic and international shippers and increase the revenue of carriers, which ultimately will stimulate interstate and overseas trade. International shippers must often rely on freight brokers to arrange motor transportation for their freight …
Sensible Application Of Stare Decisis Or A Rewriting Of The Constitution: An Examination Of Helling V. Mckinney, Jeffrey S. Kinsler
Sensible Application Of Stare Decisis Or A Rewriting Of The Constitution: An Examination Of Helling V. Mckinney, Jeffrey S. Kinsler
Law Faculty Scholarship
In Helling v. McKinney, the Supreme Court held that compelled exposure to environmental tobacco smoke ("ETS") may constitute cruel and unusual punishment in violation of the Eighth Amendment. Section I of this article explores the medical evidence linking ETS to lung cancer, heart disease and certain other health risks in nonsmokers. Section II examines the history of the Eighth Amendment's ban on cruel and unusual punishment, particularly as it relates to dangerous or unhealthy prison conditions. Section III analyzes the decision in Helling v. McKinney. Section IV questions whether a judicial ban on smoking would itself constitute cruel and unusual …
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 …
Writing Our Lives: Making Introspective Writing A Part Of Legal Education, James R. Elkins
Writing Our Lives: Making Introspective Writing A Part Of Legal Education, James R. Elkins
Law Faculty Scholarship
No abstract provided.
Punitive Damages: A Supporting Theory, Harold See
Punitive Damages: A Supporting Theory, Harold See
Law Faculty Scholarship
Scholarly opinion overwhelmingly opposes the trend toward truly punitive damages. If Lord Keynes's observation is correct, then damages intended to punish are, after only a brief maturity, condemned to pass away. The winds of the popular and judicial summer will carry them off because there is no hedgerow of theory to break that wind and hold them fast.
Punitive Damages: Introduction And Synopsis, Harold See
Punitive Damages: Introduction And Synopsis, Harold See
Law Faculty Scholarship
An introduction and synopsis of the 1989 symposium on punitive damages sponsored by the University of Alabama School of Law and the Alabama Law Review.
Criteria For The Evaluation Of Law School Examination Papers, Harold See
Criteria For The Evaluation Of Law School Examination Papers, Harold See
Law Faculty Scholarship
It is a generally accepted proposition that grades should be determined in a systematic manner based on individual performance. It is hardly more controversial that the criteria by which student performance is judged should be known in advance by the students. Economic analysis of law teaches us that if students behave rationally, their performances will reflect the criteria by which they understand their performances will be evaluated. Analysis of a set of examination papers should reveal the criteria those students believed were to be applied to them. Weighted frequency of occurrence obviously determines the respective weights students believe are assigned …
Limit Pricing And Predation In The Antitrust Laws: Economic And Legal Aspects, Harold See, William D. Gunther
Limit Pricing And Predation In The Antitrust Laws: Economic And Legal Aspects, Harold See, William D. Gunther
Law Faculty Scholarship
The overwhelming view in the economic literature is that limit pricing, the practice of establishing a non-profit-maximizing price with the intention of deterring entry of others into the market, either does not make economic sense or, in any event, does not have anticompetitive effects. This article will take a systematic look at the legal status of the limit price doctrine and propose its proper role.
An Alternative To The Contingent Fee, Harold See
An Alternative To The Contingent Fee, Harold See
Law Faculty Scholarship
The most frequent attack on the contingent fee is that it is "unprofessional." Support for the contingent fee has been based on the argument that it encourages the lawyer to work harder because the lawyer's own compensation depends on the outcome of the case and on the argument that it enables a poor person with a valid claim to secure representation. The attorney-client relationship is built on a foundation that assumes certain incentives operate on the parties. The Code of Professional Responsibility attempts to assure that the incentives for attorneys are consistent with the interests of the client and that …
Copyright Ownership Of Joint Works And Terminations Of Transfers, Harold See
Copyright Ownership Of Joint Works And Terminations Of Transfers, Harold See
Law Faculty Scholarship
Under the terms of section 24 of the Copyright Act of 1909, the death of Oscar Hammerstein in 1960 resulted in the "partnership" of Richard Rogers and (Mrs.) Oscar Hammerstein (and James and William Hammerstein, and Alice Hammerstein Mathias, his children-the latter two by a previous marriage), in the ownership of such works as Oklahoma, Carousel, and South Pacific. Oscar Hammerstein may have wanted it that way, but want it or not, he was powerless under the Copyright Act to change the arrangement. Numerous works are the product of the combined efforts of more than one author. Such joint authorship …
The Judiciary And Dispute Resolution In Japan: A Survey, Harold See
The Judiciary And Dispute Resolution In Japan: A Survey, Harold See
Law Faculty Scholarship
An overly brief and misleadingly simple history of the evolution of Japanese legal institutions would begin with the proposition that a century and a quarter ago Japan was a feudal society. By "opening" to the West, Japan was forced to "modernize" (Westernize) its laws. As a code system is easier than a common law system to impose wholesale on a society, the continental European civil law countries served as a model for Japan, which patterned its codes primarily on the civil code of Germany and the criminal code of France. After defeat in the Second World War and subsequent occupation …