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Articles 1 - 8 of 8

Full-Text Articles in Law

Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson Nov 2000

Informal Aggregation: Procedural And Ethical Implications Of Coordination Among Counsel In Related Lawsuits, Howard M. Erichson

Duke Law Journal

Even when related claims are not aggregated by any formal procedural mechanism, the lawyers involved in the separate lawsuits often coordinate their efforts. Such "informal aggregation" raises important questions about the boundaries of a dispute and the boundaries of the lawyer-client relationship. As an ethical matter, the central question is whether a lawyer owes ethical duties to a coordinating lawyer's client. Looking at confidentiality, loyalty, conflicts of interest, and malpractice, Professor Erichson suggests that ethical safeguards for clients of coordinating lawyers are neither strong enough nor explicit enough to provide adequate protection, and the problem inheres in the nature of …


Les Jeux Ne Sont Pas Faits: The Right To Dignified Long-Term Care In The Face Of Industry-Wide Financial Failure, Nathalie D. Martin, Elizabeth Rourke Oct 2000

Les Jeux Ne Sont Pas Faits: The Right To Dignified Long-Term Care In The Face Of Industry-Wide Financial Failure, Nathalie D. Martin, Elizabeth Rourke

Cornell Journal of Law and Public Policy

No abstract provided.


Performance Indicators For Natural Resource And Environmental Policy: Contributions From American Institutional Law And Economics, Nicholas Mercuro, Michael D. Kaplowitz Oct 2000

Performance Indicators For Natural Resource And Environmental Policy: Contributions From American Institutional Law And Economics, Nicholas Mercuro, Michael D. Kaplowitz

Duke Environmental Law & Policy Forum

No abstract provided.


The New Face Of The Clean Water Act: A Critical Review Of The Epa’S New Tmdl Rules, James Boyd Oct 2000

The New Face Of The Clean Water Act: A Critical Review Of The Epa’S New Tmdl Rules, James Boyd

Duke Environmental Law & Policy Forum

No abstract provided.


Regulatory Improvement Legislation: Risk Assessment, Cost-Benefit Analysis, And Judicial Review, Fred Anderson, Mary Ann Chirba-Martin, E. Donald Elliott, Cynthia Farina Oct 2000

Regulatory Improvement Legislation: Risk Assessment, Cost-Benefit Analysis, And Judicial Review, Fred Anderson, Mary Ann Chirba-Martin, E. Donald Elliott, Cynthia Farina

Duke Environmental Law & Policy Forum

No abstract provided.


Student-Edited Law Reviews: Reflections And Responses Of An Inmate, Nathan H. Saunders Apr 2000

Student-Edited Law Reviews: Reflections And Responses Of An Inmate, Nathan H. Saunders

Duke Law Journal

In the classic description, students without law degrees set the standards for publication in the scholarly journals of American law-one of the few reported cases of the inmates truly running the asylum.(1)


Reinventing Tax Expenditure Reform: Improving Program Oversight Under The Government Performance And Results Act, Mary L. Heen Jan 2000

Reinventing Tax Expenditure Reform: Improving Program Oversight Under The Government Performance And Results Act, Mary L. Heen

Law Faculty Publications

In this Article, Professor Heen examines the new framework for performance-based management and oversight of federallyfunded programs, describes emerging efforts to incorporate tax expenditures into the performance review process, and places these developments into context by evaluating past experiences with tax expenditure reform. Professor Heen concludes that the new framework provides a promising executive branch mechanism for achieving a more coordinated review of functionally related government programs, whether funded or implemented through direct expenditures, tax expenditures, or regulatory programs. However, as past experience illustrates (including, for example, experience with employment subsidies such as the Work Opportunity Tax Credit and the …


Planning For High Net-Worth U.S. Persons Through The Use Of Offshore Life Insurance, J. Richard Duke Jan 2000

Planning For High Net-Worth U.S. Persons Through The Use Of Offshore Life Insurance, J. Richard Duke

Richmond Journal of Global Law & Business

Sophisticated planning for the high net-worth United States citizens often includes the use of offshore variable life insurance. Such leading edge planning is accomplished through structures that provide income, gift, estate, and generation-skipping transfer tax planning not available domestically. In addition to providing sophisticated tax and estate planning benefits, variable life insurance policies issued by foreign-based carriers have numerous economic advantages.