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Full-Text Articles in Law

Focusing Your Firm On Ethics, Alex B. Long Dec 2009

Focusing Your Firm On Ethics, Alex B. Long

Scholarly Works

No abstract provided.


Student Discussion About Money And The Middle Class, George Kuney Nov 2009

Student Discussion About Money And The Middle Class, George Kuney

Scholarly Works

This is an edited transcript of a discussion session with law students regarding the subject of money and middle class identity and characteristics and related matters. The author is collecting interview and discussion sessions on these and similar subjects with an eye to producing a comprehensive view of current attitudes and assumptions.


Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself, Richard Klein Nov 2009

Race And The Doctrine Of Self Defense: The Role Of Race In Determining The Proper Use Of Force To Protect Oneself, Richard Klein

Scholarly Works

No abstract provided.


Relinquished Responsibilities, Penny White Nov 2009

Relinquished Responsibilities, Penny White

Scholarly Works

No abstract provided.


Toward A Better Competition Policy For The Media: The Challenge Of Developing Antitrust Policies That Support The Media Sector's Unique Role In Our Democracy, Maurice Stucke, Allen Grunes Nov 2009

Toward A Better Competition Policy For The Media: The Challenge Of Developing Antitrust Policies That Support The Media Sector's Unique Role In Our Democracy, Maurice Stucke, Allen Grunes

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It is difficult to formulate meaningful competition policy when there is a fierce debate over the current competitiveness of the media industry. After addressing the importance of the marketplace of ideas in our democracy, our article examines the current state of the media industry, including the response of traditional media to audience declines, the growth of new media, the impact of media consolidation (including its impact on minority and women ownership), and the role of the Internet. In response to recent calls for liberalizing cross-ownership rules to protect traditional media, our article outlines why conventional antitrust policy is difficult to …


Small Is The New Biglaw: Some Thoughts On Technology, Economics, And The Practice Of Law, Glenn Harlan Reynolds Oct 2009

Small Is The New Biglaw: Some Thoughts On Technology, Economics, And The Practice Of Law, Glenn Harlan Reynolds

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This paper looks at technological and economic changes affecting lawyers, and their effect on the competitiveness of large law firms. It explores methods of unbundling big law firm features, and providing similar services on a more ad hoc basis. In addition, it considers whether current legal education is properly preparing students for a world in which large law firms will be much less dominant. Based on a talk given at Hofstra Law School in March of 2009.


The World's Richest Indian: The Scandal Over Jackson Barnett's Oil Fortune, Iris Goodwin Oct 2009

The World's Richest Indian: The Scandal Over Jackson Barnett's Oil Fortune, Iris Goodwin

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No abstract provided.


The Ethics Of Blawging: A Genre Analysis, Judy Cornett Oct 2009

The Ethics Of Blawging: A Genre Analysis, Judy Cornett

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Lawyers are blogging. As of October 16, 2009, the website Blawg.com tracked 2,788 legal blogs ("blawgs"). Another blawg directory compiled 4,622 blawgs in 69 substantive categories. When lawyers communicate, by whatever medium, ethical dilemmas arise; when lawyers blog, ethical dilemmas arise that are unique to blogging. The most visible ethical debate inspired by this new genre is the issue of whether to treat a lawyer's blog as advertising. Surprisingly, given the popularity of blawging, there are few resources addressing the full range of its ethical ramifications. This Article applies genre theory to blawging in order to highlight certain characteristics of …


Martha’S (And Steve’S) Good Faith: An Officer’S Duty Of Loyalty At The Intersection Of Good Faith And Candor, Joan Macleod Heminway Oct 2009

Martha’S (And Steve’S) Good Faith: An Officer’S Duty Of Loyalty At The Intersection Of Good Faith And Candor, Joan Macleod Heminway

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This short paper begins to explore whether a corporate officer’s duty of good faith extends to public disclosures of personal facts. Specifically, the paper preliminarily attacks the following question: in the post Stone v. Ritter, post-Gantler v. Stephens era in which we now live, is the absence or inadequacy of an executive officer’s disclosure of personal facts a breach of the duty of good faith and, as a result, the fiduciary duty of loyalty under Delaware law? The answer to this question is tied up in recent jurisprudence of the Delaware Supreme Court at the intersection of the duty of …


There's A Pennoyer In My Foyer: Civil Procedure According To Dr. Seuss, Elizabeth Chamblee Burch Oct 2009

There's A Pennoyer In My Foyer: Civil Procedure According To Dr. Seuss, Elizabeth Chamblee Burch

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This is what it purports to be: a Seussian take on civil procedure. It’s a short, fun essay that covers (1) the iron triangle of civil procedure - the role of lawyers, judges, and juries, and (2) prominent civil procedure doctrines, such as personal jurisdiction, Erie, pleading, discovery, and joinder.


In Defense Of Ideology: A Principled Approach To The Supreme Court Confirmation Process, Lori A. Ringhand Oct 2009

In Defense Of Ideology: A Principled Approach To The Supreme Court Confirmation Process, Lori A. Ringhand

Scholarly Works

In this paper, Professor Ringhand offers a principled defense of an ideological approach to the Supreme Court justice confirmation process. In constructing her argument, she does three things. First, she explores how the insights provided by recent empirical legal scholarship have created a need to re-think the role of the Supreme Court and, consequently, the process by which we select Supreme Court justices. In doing so, Professor Ringhand explains how these insights have called into question much of our conventional constitutional narrative, and how this failure of the conventional narrative has in turn undermined traditional objections to an ideologically-based confirmation …


State-Created Property And Due Process Of Law: Filling The Void Left By Engquist V. Oregon Department Of Agriculture, Michael Wells, Alice Snedeker Oct 2009

State-Created Property And Due Process Of Law: Filling The Void Left By Engquist V. Oregon Department Of Agriculture, Michael Wells, Alice Snedeker

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Several years ago, in Village of Willowbrook v. Olech, the Supreme Court recognized a 'class-of-one' Equal Protection theory, under which individuals charging that they were singled out for arbitrary treatment by officials may sue for vindication. Last term, in Engquist v. Oregon Department of Agriculture, the Court barred recourse to this type of claim on the part of government employees. The reasoning of Engquist, which emphasizes the discretionary nature of employment decisions, threatens to eliminate a wide range of class-of-one claims outside the employment area as well. There is a pressing need for an alternative. This article proposes another basis …


Medellin, Delegation And Conflicts (Of Law), Peter B. Rutledge Oct 2009

Medellin, Delegation And Conflicts (Of Law), Peter B. Rutledge

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The case of Medellin v. Texas presented the Supreme Court with a recurring question that has bedeviled judges, legal scholars, and political scientists-what effect, if any, must a United States court give to the decision of an international tribunal, particularly where, during the relevant time, the United States was party to a treaty protocol that bound it to that tribunal's judgments. While the Supreme Court held that the International Court of Justice's ("ICJ") decision was not enforceable federal law, its decision reflected an important recognition that the issues presented in that case were not limited to the specific area of …


Where Have All The (Legal) Stories Gone?, Nancy B. Rapoport Oct 2009

Where Have All The (Legal) Stories Gone?, Nancy B. Rapoport

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This essay examines whether law schools are doing a good job of teaching the art of storytelling to law students.


Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks Jul 2009

Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks

Scholarly Works

The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that …


Unethical Protection? Model Rule 1.8(H) And Plan Releases Of Professional Liability, George Kuney Jul 2009

Unethical Protection? Model Rule 1.8(H) And Plan Releases Of Professional Liability, George Kuney

Scholarly Works

The American Bar Association’s Model Rules of Professional Conduct address the propriety of attorneys obtaining releases from their clients of either past claims or future claims against themselves. Under the applicable Model Rule, both types of releases require the involvement, or the opportunity for involvement, of independent counsel to review and advise the client on the issue.

Releases in chapter 11 plans typically cover insiders, members of the creditors’ committee, and the debtor’s and committee’s counsel. Few courts or disciplinary bodies of the various state bars have addressed the ethical issues that arise when counsel insert into a plan of …


Using Judicial Performance Evaluations To Supplement Inappropriate Voter Cues And Enhance Judicial Legitimacy, Penny White Jul 2009

Using Judicial Performance Evaluations To Supplement Inappropriate Voter Cues And Enhance Judicial Legitimacy, Penny White

Scholarly Works

No abstract provided.


Book Review Of “Populations, Public Health, And The Law,” Wendy E. Parmet (Georgetown University Press, Washington, D.C., 2009), Elizabeth Weeks Leonard Jul 2009

Book Review Of “Populations, Public Health, And The Law,” Wendy E. Parmet (Georgetown University Press, Washington, D.C., 2009), Elizabeth Weeks Leonard

Scholarly Works

Wendy Parmet's new book, Populations, Public Health, and the Law, is a provocative, milestone contribution to the growing body of public health law scholarship. This article reviews this scholarly work.


Collateral Damage? Juvenile Snitches In America’S 'Wars' On Drugs, Crime And Gangs, Andrea L. Dennis Jul 2009

Collateral Damage? Juvenile Snitches In America’S 'Wars' On Drugs, Crime And Gangs, Andrea L. Dennis

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The government’s use of children as informants in America’s 'wars' on drugs, crime, and gangs is little recognized and rarely discussed by scholars, policymakers, and the public. As with many governmental practices, only notorious instances make headlines, such as when a child is killed in retaliation for informing. Because public attention rarely is focused on the practice, it has not generated consistent documentation of, regulation of, or accountability for such use of child informants. As a starting point for discussion, this article illuminates the experiences of child informants, describing a facet of the snitching institution that generally operates under the …


From Imperial Scholar To Imperial Student: Minimizing Bias In Article Evaluation By Law Reviews, Rachel J. Anderson Jul 2009

From Imperial Scholar To Imperial Student: Minimizing Bias In Article Evaluation By Law Reviews, Rachel J. Anderson

Scholarly Works

This Article is intended to serve as a roadmap for law professors and law review editors alike in their efforts to find a better way for students to evaluate articles. Further, this Article aims to offer low-cost ways to improve the institution of student-run law reviews by strengthening editors' evaluation skills and processes. This Article is divided into three main parts. Part II of this Article, Manifestations of Systemic Bias, develops a theory of the safe-dissent continuum and employs this theory to determine whether there is empirical support for claims of bias in article evaluation and the legal discourse. Part …


Heller, High Water(Mark)? Lower Courts And The New Right To Keep And Bear Arms, Glenn Harlan Reynolds Jun 2009

Heller, High Water(Mark)? Lower Courts And The New Right To Keep And Bear Arms, Glenn Harlan Reynolds

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This paper examines the post-Heller Second Amendment case law in the lower courts and concludes that although federal courts are not rushing to overturn gun laws under the Second Amendment, they are moving more rapidly to implement Heller than under previous 'revolutionary' decisions such as U.S. v. Lopez. There is also some evidence that state courts are taking the right to arms more seriously, with the additional possibility that the new federal right to arms may boost interest in the numerous state right-to-arms provisions. Finally, by characterizing gun ownership as a protected individual right, Heller has served to 'renormalize' firearms …


Does The Rule Of Reason Violate The Rule Of Law?, Maurice Stucke Jun 2009

Does The Rule Of Reason Violate The Rule Of Law?, Maurice Stucke

Scholarly Works

In the past few years, the Supreme Court has been more active in deciding antitrust issues. The Court's choice of legal standards affects future market behavior and the incentives for individuals and organizations to engage in productive activity. Despite its increased activity, the Court never assesses the deficiencies of its rule-of-reason standard under rule-of-law principles. This assessment is critical. This article analyzes the standard's significant deficiencies, and how these deficiencies adversely affect antitrust enforcement and competition policy generally. Perfect compliance with rule-of-law ideals, however, may be unobtainable and undesirable, so the Article recommends several improvements to reorient the rule of …


Unrevised Section 2-207--Different Terms Revisited, Sidney Kwestel May 2009

Unrevised Section 2-207--Different Terms Revisited, Sidney Kwestel

Scholarly Works

No abstract provided.


The Pros And Cons Of Politically Reversible 'Semisubstantive' Constitutional Rules, Dan T. Coenen May 2009

The Pros And Cons Of Politically Reversible 'Semisubstantive' Constitutional Rules, Dan T. Coenen

Scholarly Works

Most observers of constitutional adjudication believe that it works in an all-or-nothing way. On this view, the substance of challenged rules is of decisive importance, so that political decision makers may resuscitate invalidated laws only by way of constitutional amendment. This conception of constitutional law is incomplete. In fact, courts often use so-called “semisubstantive” doctrines that focus on the processes that nonjudicial officials have used in adopting constitutionally problematic rules. When a court strikes down a rule by using a motive-centered or legislative-findings doctrine, for example, political decision makers may revive that very rule without need for a constitutional amendment. …


The Partially Prudential Doctrine Of Mootness, Matthew I. Hall Apr 2009

The Partially Prudential Doctrine Of Mootness, Matthew I. Hall

Scholarly Works

The conventional understanding of mootness doctrine is that it operates as a mandatory bar to federal court jurisdiction, derived from the "cases or controversies" clause of the United States Constitution, Article III. In two crucial respects, however, this Constitutional model - which was first adopted by the Supreme Court less than 45 years ago - fails to account for the manner in which courts actually address contentions of mootness. First, the commonly-applied exceptions to the mootness bar are not derived from the "cases or controversies" clause and cannot be reconciled with the Constitutional account of mootness. Second, courts regularly consider …


Regulation And Reform Of The Mortgage Market And The Nature Of Mortgage Loans: Lessons From Fannie Mae And Freddie Mac, Thomas E. Plank Apr 2009

Regulation And Reform Of The Mortgage Market And The Nature Of Mortgage Loans: Lessons From Fannie Mae And Freddie Mac, Thomas E. Plank

Scholarly Works

No abstract provided.


Treated Differently In Life But Not In Death: The Execution Of The Intellectually Disabled After Atkins V. Virginia, Penny White Apr 2009

Treated Differently In Life But Not In Death: The Execution Of The Intellectually Disabled After Atkins V. Virginia, Penny White

Scholarly Works

No abstract provided.


Executive Employment Agreements In Tennessee: An Annotated Model Tennessee Executive Employment Agreement, Joan Macleod Heminway, Trace Blankenship Apr 2009

Executive Employment Agreements In Tennessee: An Annotated Model Tennessee Executive Employment Agreement, Joan Macleod Heminway, Trace Blankenship

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The coauthors have constructed an annotated model executive employment agreement for use in connection with mergers and acquisitions, annotated with footnotes on substantive law and legal drafting issues. They intend that this model agreement serve as a research piece, teaching tool, and practitioner resource. This annotated model agreement is the most recent in a series of coauthored merger and acquisition agreements and ancillary agreements and instruments published by Transactions: The Tennessee Journal of Business Law beginning in 2003.


The Food Stays In The Kitchen: Everything I Needed To Know About Statutory Interpretation I Learned By The Time I Was Nine, Hillel Y. Levin Apr 2009

The Food Stays In The Kitchen: Everything I Needed To Know About Statutory Interpretation I Learned By The Time I Was Nine, Hillel Y. Levin

Scholarly Works

What happens when kids and their parents interpret laws like lawyers and judges? Where and why does interpretation go off the rails?

Based on a true story, this piece starts with a proclamation by Mother, the Supreme Lawmaker, that "no food may be eaten outside the kitchen." What follows is a series of rulings by Judges - father, babysitter, grandma (a liberal jurist, of course), etc. - who, using traditional tools of interpretation, eventually declare it to mean that all food may be eaten outside of the kitchen. Ultimately, the supreme lawmaker reacts and clarifies.

The piece is meant to …


Arbitration Reform: What We Know And What We Need To Know, Peter B. Rutledge Apr 2009

Arbitration Reform: What We Know And What We Need To Know, Peter B. Rutledge

Scholarly Works

The future of commercial arbitration has become a centerpiece of the domestic congressional agenda. According to one estimate, ten different bills introduced in the 110th Congress would chip away at the enforceability of pre-dispute arbitration agreements. By far the most significant bill, the Arbitration Fairness Act, would retroactively invalidate arbitration agreements in all employment, consumer, securities and franchise contracts. An especially vague provision in a prior version of the bill would invalidate agreements involving claims under statutes intended to protect civil rights or designed to regulate transactions between parties of unequal bargaining power. Are these wise moves?