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The Lender As Unconventional Fiduciary, Niels Schaumann
The Lender As Unconventional Fiduciary, Niels Schaumann
Faculty Scholarship
This Article examines one kind of fiduciary relationship—one that develops from an ordinary, arms-length commercial relationship between a lender and a borrower. Although this prototype relationship exists in the broader context of “lender liability,” to which academic commentators and the practicing bar have paid a good deal of attention in recent years, the suggested analysis has as much to do with fiduciary relationships generally as it does with issues of lender liability. The unconventional fiduciary relationship examined here differs in several respects from the conventional fiduciary relationship, for example that of trustee-beneficiary. Perhaps the most obvious difference is that the …
Finding A Suitable Lawyer: Why Consumers Can't Always Get What They Want And What The Legal Profession Should Do About It, Linda H. Morton
Finding A Suitable Lawyer: Why Consumers Can't Always Get What They Want And What The Legal Profession Should Do About It, Linda H. Morton
Faculty Scholarship
This article criticizes the inadequacy of information available to consumers seeking an attorney compatible with their needs. The article describes why such inadequacy exists – in part because the legal profession distribute information to consumers through the narrow lens of attorney self-regulation rather than through the broader lens of consumer need. Yet, in striving to maintain their autonomy, lawyers have only perpetuated the enormous gap between information the public would like to have and that which they actually receive. The article explores sources of information consumers have access to, why such sources are so limited, and finally, how the problem …
How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman
How Long Is Too Long? When Pretrial Detention Violates Due Process, Floralynn Einesman
Faculty Scholarship
No abstract provided.
Addressing Recidivism: Legal Education In Correctional Settings, Justin P. Brooks
Addressing Recidivism: Legal Education In Correctional Settings, Justin P. Brooks
Faculty Scholarship
No abstract provided.