Law Commons^™

Reform Of The Procuracy And Bar In Russia, Stephen C. Thaman

All Faculty Scholarship

This article discusses recent efforts to reform the Russian bar and procuracy, the institutions’ responses, and the problem of criminal procedure reform as it relates to them.

Blood, Alcohol And Tears: Juries Again Ponder The Depths Of The Russian Soul, Stephen C. Thaman

All Faculty Scholarship

This article briefly discusses the history of the jury trial in the Soviet Union and the recent reform reinstating trial by jury in Russia. It focuses on specific case studies regarding Russian jury trials under the new system. The author personally observed many of the first jury trials from December 1993 to October 1994 and comprehensively studied the Russian jury reform through observations, interviews with judges and lawyers, and review of case files.

Trusting Our Partners: An Essay On Resetting The Estate Planning Defaults For An Adult World, Henry Ordower

All Faculty Scholarship

Demonstrates that there is no tax savings to be achieved by using a trust to restrict a donee's control of property and money transferred gifts during life or at death. Reviews reasons why donors wish to continue to control wealth even after death and suggests that such reasoning is fallacious. Recommends to the estate planning bar that it revise its approach to planning in order to fulfill its obligations to the principal client and other family members. Develops mathematical formulas for analysis of estate planning decisions.

Disciplinary Actions And Pain Relief: Analysis Of The Pain Relief Act, Sandra H. Johnson

All Faculty Scholarship

Debilitating pain is a widespread problem that cuts across many patient populations. Despite a recognized ethical duty to relieve pain and effective pain management capabilities, health care professionals continue to undertreat pain.

Improved pain management begins with consideration of reasons pain is presently undertreated. Fear of disciplinary action is a central barrier to effective pain management. The Pain Relief Act represents an effort to mitigate this fear by preventing unnecessary investigations, protracted proceedings, and inappropriate legal sanctions for pain treatment.

This article begins by recognizing doctors’ legitimate fears of legal sanctions. While few doctors are actually penalized due to pain …

Let The Buyer Be Well Informed? - Doubting The Demise Of Caveat Emptor, Alan M. Weinberger

All Faculty Scholarship

Returning home from grocery shopping one evening last spring, a forty-two-year-old architect was killed in the presence of his wife and children on the street outside his St. Louis townhouse by a gunshot to the neck during an attempted carjacking.2 By the next morning, police had arrested and obtained a confession from a recently released parolee wearing an electronic ankle bracelet.3 Several homes in the neighborhood, previously considered to be generally free of serious crime, were listed for sale at the time of this incident. Human experience teaches that other homes are likely to be offered for sale in the …