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Articles 1 - 9 of 9
Full-Text Articles in Law
Is The Attorney-Client Privilege A Privilege Of The Rich? Federal Hmis Database Reporting And Homeless Client Confidentiality, Jennifer Hammitt
Is The Attorney-Client Privilege A Privilege Of The Rich? Federal Hmis Database Reporting And Homeless Client Confidentiality, Jennifer Hammitt
Jennifer Hammitt
The Homeless Management Information System (HMIS) is a new database reporting system mandated by the Department of Housing and Urban Development to track the usage of HUD services by homeless people. The HMIS requires collecting identifiable personal information about the individuals who use the services and entering that information into a database that enables information sharing and referral services. This comment arose out of an investigation into the HMIS database and confidentiality issues that I did while working at Legal Services of Greater Miami, Inc., as part of the Homeless Legal Assistance Project in the summer of 2009. As this …
Religious Rules: The Judeo-Christian Nature Of The Aba Model Rules And What It Means For The Legal Profession, Sarah Montana Hart
Religious Rules: The Judeo-Christian Nature Of The Aba Model Rules And What It Means For The Legal Profession, Sarah Montana Hart
Sarah Montana Hart
This article argues that the American Bar Association Model Rules of Professional Conduct are not only biased in favor of Judeo-Christian biblical values, but actually are religious rules based in the Bible. The religious nature of the Model Rules affects lawyers in several different ways. There must be awareness of and a conscious choice about the nature and effects that these rules have on law students, bar applicants, and practicing lawyers.
Lehman Brothers: The Failure Of The Legal Gatekeeper, Barrie Hansen
Lehman Brothers: The Failure Of The Legal Gatekeeper, Barrie Hansen
Barrie Hansen JD (Hons), LLM
A sham transaction was defined in Snook v London & West Riding Investments [1967] 2 QB at 801 per Diplock LJ as, "acts done or documents executed by the parties to the "sham" which are intended by them to give to third parties or to the court the appearance of creating between the parties legal rights and obligations different from the actual legal rights and obligations (if any) which the parties intend to create." A "true sale opinion" if issued to legitimize a sham transaction may itself be a sham, and should therefore enliven the same penalties for the issuer …
Searching For The State’S Guilty Mind: Mens Rea Evidence Against The Authors Of The Torture Memos Under Federal Law And The Model Rules, Daniel Hornal
Searching For The State’S Guilty Mind: Mens Rea Evidence Against The Authors Of The Torture Memos Under Federal Law And The Model Rules, Daniel Hornal
Daniel Hornal
This article analyzes the mens rea required for a criminal conviction of lawyers in the Office of Legal Counsel (hereinafter OLC) under a theory that they aided and abetted torture when they wrote the so-called torture memos. It then speculates as to what form the evidence to prove that mens rea would take, if it exists. It then looks at the D.C. Bar’s Rules of Professional Conduct to see which rules the OLC lawyers may have violated, based on information in the public record. Finally, it analyzes each rule to determine the minimum mens rea necessary to violate that rule …
"Is It Legal?": An American Law Professor's Tribute To An English Lawyer Tv Sitcom, Robert M. Jarvis
"Is It Legal?": An American Law Professor's Tribute To An English Lawyer Tv Sitcom, Robert M. Jarvis
Robert M. Jarvis
This paper introduces readers to a forgotten 1990s English TV sitcom called "Is It Legal?" and then compares it to a similar American TV sitcom called "Sparks." In the course of describing the show's characters and plots, the paper discusses the regulation of attorneys, the functioning of law firms, and the business aspects of the television industry.
Lawyers And Fundamental Moral Responsibility, R. Michael Cassidy, Daniel Coquillette, Judith Mcmorrow
Lawyers And Fundamental Moral Responsibility, R. Michael Cassidy, Daniel Coquillette, Judith Mcmorrow
R. Michael Cassidy
The materials in this book are organized around specific problems designed to encourage and focus class discussion. There are two other inherent organizing principles of the materials in this book. First, the philosophical materials are in the rough order in which the ideas themselves evolved in the history of philosophy. The materials have been revised since the book first was published in 1995 to address some of the burning ethical problems of our day, including terrorism, national security, and abuse of government power. The Second Edition also is reorganized to assist students to better appreciate philosophical theories underpinning discourse about …
Judicial Disqualification In The Aftermath Of Caperton V. A.T. Massey Coal Co., Ronald D. Rotunda
Judicial Disqualification In The Aftermath Of Caperton V. A.T. Massey Coal Co., Ronald D. Rotunda
Ronald D. Rotunda
Does Due Process require a judge to disqualify himself if an individual spent independent funds to buy ads that criticized the judge's opponent in a judicial election? The Supreme Court said yes (5 to 4) in the Caperton decision, and thus has created more uncertainty in the law. Does it matter if the person who paid for the independent ads was not a lawyer or a party but was only an employee of the party? And, does it matter if that employee's financial interest in the law suit (if one were to pierce the corporate veil) is minor – substantially …
Emerging Technology And Client Confidentiality: How Changing Technology Brings Ethical Dilemmas, Louise L. Hill
Emerging Technology And Client Confidentiality: How Changing Technology Brings Ethical Dilemmas, Louise L. Hill
Louise L Hill
No abstract provided.
N.Y. Rules Of Prof. Conduct: Law & Prac. (2 Vols.), Gerald Lebovits
N.Y. Rules Of Prof. Conduct: Law & Prac. (2 Vols.), Gerald Lebovits
Hon. Gerald Lebovits
No abstract provided.