Law Commons^™

Transactional Clinics As Change Agents In The Trump Era: Lessons From Two Contexts, Priya Baskaran, Michael Haber

Articles in Law Reviews & Other Academic Journals

The results of the 2016 presidential election and the efforts by the Trump administration to make sweeping changes to a wide range of federal policies have left communities across the country feeling overwhelmed and threatened. In its first year, the Trump administration has been working steadily to slash budgets for health care, housing, infrastructure, schools, and other public benefits that help low-income and middle-class Americans, while adopting policies and engaging in rhetoric that has made many immigrants, Muslims, people of color, and LGBTQ people feel increasingly vulnerable and marginalized.

The authors of this commentary run law clinics that provide pro …

Is Courtesy No Longer Contagious, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Judgment Fund: America's Deepest Pocket & Its Susceptibility To Executive Branch Misuse, Paul F. Figley

Articles in Law Reviews & Other Academic Journals

Over the last thirty-five years, the United States government has paid out billions of dollars in settlements that have had no fiscal consequences for the agencies whose actions caused the claims. It has done so through the Judgment Fund, a relatively unknown permanent, indefinite appropriation originally created by Congress almost half a century ago to pay certain types of judgments entered against the United States.

Congress struggled for nearly two hundred years to find a way to exercise its Appropriations Clause authority over claims payments that did not drown its members in procedural detail. The article surveys that history. Through …

Ethical Intersections & The Federal Tort Claims Act: An Approach For Government Attorneys, Paul F. Figley

Articles in Law Reviews & Other Academic Journals

This article suggests an ethical approach for government attorneys to follow when making decisions in the special context of the Federal Tort Claims Act. It reviews the history and purpose of the FTCA, the Judgment Fund, and the Westfall Act. It examines the swirl of competing interests that arise from the structure of the FTCA, the many defenses it provides, the deep pocket it grants successful claimants, the complete immunity it grants some tortfeasors, and the methods Congress chose for paying its settlements and judgments. It touches on the ethical obligations of government attorneys. It suggests that government attorneys responsible …

Sometimes Putting Pen To Paper Is Tougher Than It Seems, Heather Ridenour, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Appropriations Power And Sovereign Immunity, Paul F. Figley

Articles in Law Reviews & Other Academic Journals

Discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence - or nonexistence - of sovereign immunity begin with the English and American common-law doctrines. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this Article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers’ Case (1690–1700), which is often regarded as the first modern common-law treatment of sovereign immunity, is in fact the last in the …

Lawyers' Duty To Do Justice: A New Look At The History Of The 1908 Canons, Susan Carle

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Attorney's Fee Statutes In Civil Litigation: The State Of The Art, Susan Bennett

Articles in Law Reviews & Other Academic Journals

No abstract provided.

International Legal Standards Concerning The Independence Of Judges And Lawyers, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Some Patterns Of Violation Of The Independence Of Judges And Lawyers, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.