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2004

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Articles 1 - 30 of 131

Full-Text Articles in Law

Introduction To The Civil Procedure Puzzle, Robert Bloom Oct 2013

Introduction To The Civil Procedure Puzzle, Robert Bloom

Robert Bloom

No abstract provided.


The Economics Of Limited Liability: An Empirical Study Of New York Law Firms, Scott Baker, Kimberly D. Krawiec Dec 2004

The Economics Of Limited Liability: An Empirical Study Of New York Law Firms, Scott Baker, Kimberly D. Krawiec

ExpressO

Since the rapid rise in organizational forms for business associations, academics and practitioners have sought to explain the choice of form rationale. Each form contains its own set of default rules that inevitably get factored into this decision, including the extent to which each individual firm owner will be held personally liable for the collective debts and obligations of the firm. The significance of the differences in these default rules continues to be debated. Many commentators have advanced theories, most notably those based on unlimited liability, profit-sharing, and illiquidity, asserting that the partnership form provides efficiency benefits that outweigh any ...


Vol. 3, No. 01 (December 2004) Dec 2004

Vol. 3, No. 01 (December 2004)

Indiana Law Update

No abstract provided.


Vol. 2, No. 09 (November 2004) Nov 2004

Vol. 2, No. 09 (November 2004)

Indiana Law Update

No abstract provided.


Clark Memorandum: Fall 2004, J. Reuben Clark Law Society, J. Reuben Clark Law School Nov 2004

Clark Memorandum: Fall 2004, J. Reuben Clark Law Society, J. Reuben Clark Law School

The Clark Memorandum


Professional Responsibility, James M. Mccauley Nov 2004

Professional Responsibility, James M. Mccauley

University of Richmond Law Review

No abstract provided.


On What A "Private Attorney General" Is--And Why It Matters, William B. Rubenstein Nov 2004

On What A "Private Attorney General" Is--And Why It Matters, William B. Rubenstein

Vanderbilt Law Review

May 17, 2004 marked the fiftieth anniversary of the Supreme Court's decision in Brown v. Board of Education.' This precise day also marked the sixty-first anniversary of the Supreme Court's first use of the phrase "private attorney general." For about three decades after this initial 1943 appearance, the private attorney general concept surfaced only occasionally in the legal literature. Starting in the 1970s, however, its presence became quite regular, and that regularity has escalated steadily to the present: on average, during the past fifteen years, every single workday, somewhere in the United States, some judge has written a ...


Clarifying The Law On Post-Employment Covenants, E. Joan Blum Oct 2004

Clarifying The Law On Post-Employment Covenants, E. Joan Blum

E. Joan Blum

No abstract provided.


A Cloak For The Bare: In Support Of Allowing Prospective Malpractice Liability Waivers In Certain Pro Bono Cases, Steve Berenson Oct 2004

A Cloak For The Bare: In Support Of Allowing Prospective Malpractice Liability Waivers In Certain Pro Bono Cases, Steve Berenson

ExpressO

No abstract provided.


A History Of Asian American Students At Boston College Law School, Janelle Y. Kuroda Oct 2004

A History Of Asian American Students At Boston College Law School, Janelle Y. Kuroda

Law School Publications

From the introduction:

From its humble beginnings seventy-five years ago, Boston College Law School strived to provide ethnic minorities—Irish Catholics to Asian Americans—with a strong legal education based on Jesuit values. As the Law School celebrates its seventy-fifth Anniversary, it is a fitting time to look back and document a group of minority students that has not been studied before—Asian Americans. This paper attempts to record the experiences of Asian American students while at Boston College Law School, focusing on their motivations for attending law school, their experiences while studying in Boston, and their drive to form ...


From The Dean, Lauren K. Robel Oct 2004

From The Dean, Lauren K. Robel

Lauren Robel (2002 Acting; 2003-2011)

No abstract provided.


Fall 2004 Oct 2004

Fall 2004

Bill of Particulars

No abstract provided.


My First Appellate Argument: It Can Only Get Better, Jon O. Newman Oct 2004

My First Appellate Argument: It Can Only Get Better, Jon O. Newman

The Journal of Appellate Practice and Process

No abstract provided.


I Do Know How She Does It (But Sometimes I Wish I Didn't), Rebecca White Oct 2004

I Do Know How She Does It (But Sometimes I Wish I Didn't), Rebecca White

Scholarly Works

I care deeply about the issue of women's attrition from the legal profession. Admittedly, I have not written any scholarly work on this exact topic. When I learned who the other symposium guests were and how much extensive work they have done on this subject, I was left to wonder what I could contribute to our discussion. I have not conducted any empirical studies; I do not have any new and brilliant insight. What I do have, is experience. I have performed ‘the juggling act’ that simultaneous full-time lawyering and mothering requires. I have worked part-time in a large ...


Chicken Little Lives: The Anticipated And Actual Effect Of Sarbanes-Oxley On Corporate Lawyers' Conduct, Susan Saab Fortney Oct 2004

Chicken Little Lives: The Anticipated And Actual Effect Of Sarbanes-Oxley On Corporate Lawyers' Conduct, Susan Saab Fortney

Faculty Scholarship

This article addresses the controversy surrounding the Sarbanes-Oxley Act of 2002, which was seen by many lawyers as threatening the relationship between lawyers and their corporate clients. Part I of this article introduces the topic by providing a brief history of the increased government regulation and enforcement actions that forced lawyers to reexamine their role in representing their clients, beginning with the case of SEC v. National Student Marketing Corp. Part II reviews the organized bar's reaction to Sarbanes-Oxley. Part III focuses on law firms' response to the legislation. Part IV considers the views of individual corporate and securities ...


Understanding Lawyers' Ethics: Zealous Advocacy In A Time Of Uncertainty, Katherine S. Broderick Sep 2004

Understanding Lawyers' Ethics: Zealous Advocacy In A Time Of Uncertainty, Katherine S. Broderick

University of the District of Columbia Law Review

Can or should a lawyer representing an alleged terrorist ethically allow the government to tape her conversations with her client as a prerequisite to the representation? Can a public defender live up to the promise of Gideon v. Wainright1 when he is carrying 100 serious felony cases? Should a lawyer who divulges a client confidence to bring down a corrupt judge be sanctioned? What ethical obligations obtain for the lawyer representing the CEO of a thriving start-up when the CEO admits that by over-reporting profits he believes that he has turned the company around? These questions, some of the toughest ...


The "Corporate Watch Dogs" That Can't Bark: How The New Aba Ethics Rules Protect Corporate Fraud, Monroe H. Freedman Sep 2004

The "Corporate Watch Dogs" That Can't Bark: How The New Aba Ethics Rules Protect Corporate Fraud, Monroe H. Freedman

University of the District of Columbia Law Review

No abstract provided.


Broken Trust And Divided Loyalties: The Paradox Of Confidentiality In Corporate Representation, Laurie A. Morin Sep 2004

Broken Trust And Divided Loyalties: The Paradox Of Confidentiality In Corporate Representation, Laurie A. Morin

University of the District of Columbia Law Review

Should a lawyer protect her client's confidences when she knows that client is about to perpetrate a fraud that will cause substantial financial harm to third parties? For decades, the response of the organized bar has been a resounding "yes." 1 Until August 2003, the American Bar Association's (ABA's) Model Rules of Professional Conduct (Model Rules) provided that a lawyer owes her client a duty of loyalty to preserve the client's confidences, even if that client is about to commit a criminal fraud.2 The recent wave of corporate scandals that led to record-breaking bankruptcies and ...


An Ethos Of Lying, Paul Butler Sep 2004

An Ethos Of Lying, Paul Butler

University of the District of Columbia Law Review

No abstract provided.


Wrongful Convictions: It Is Time To Take Prosecution Discipline Seriously, Ellen Yaroshefsky Sep 2004

Wrongful Convictions: It Is Time To Take Prosecution Discipline Seriously, Ellen Yaroshefsky

University of the District of Columbia Law Review

Ron Williamson, who came within five days of execution, and Dennis Fritz, who served twelve years of a life sentence, were released from prison in 1999. They were innocent men, wrongfully convicted of the rape and murder of Debra Carter. Arrested five years after her murder and tried separately, the cases against them rested on testimony of a jailhouse informant, a jail trainee, and unreliable hair evidence. Fortunately, there was DNA evidence in the case, and scientific testing exonerated Fritz and Williamson. The evidence instead implicated Glen Gore, the person who should have been the prime suspect. Many of these ...


The Ethics Of The Adversary System, Greg S. Sergienko Sep 2004

The Ethics Of The Adversary System, Greg S. Sergienko

ExpressO

This article considers many commonly advanced criticisms of the adversary system. It provides an analytic framework that includes the likely results of changed ethical rules and that distinguishes and analyzes separately two different possible goals of the system, seeking the truth and promoting justice. The article is also unusual in the range of supporting materials that it synthesizes, which includes contributions from economic theory, psychological studies, philosophy, and traditional legal ethics.

The article concludes that changes in ethical codes meant to increase lawyers' duty to promote the truth will have a perverse result, decreasing the accuracy of litigation. This will ...


Strategic Judicial Lawmaking: An Empirical Investigation Of Ideology And Publication On The U.S. Court Of Appeals For The Ninth Circuit, David S. Law Sep 2004

Strategic Judicial Lawmaking: An Empirical Investigation Of Ideology And Publication On The U.S. Court Of Appeals For The Ninth Circuit, David S. Law

University of San Diego Public Law and Legal Theory Research Paper Series

Previous studies have demonstrated that, in a number of contexts, federal appeals court judges divide along ideological lines when deciding cases upon the merits. To date, however, researchers have failed to find evidence that circuit judges take advantage of selective publication rules to further their ideological preferences - for example, by voting more ideologically in published cases that have precedential effect than in unpublished cases that lack binding effect upon future panels. This article evaluates the possibility that judges engage in strategic judicial lawmaking by voting more ideologically in published cases than in unpublished cases. To test this hypothesis, all asylum ...


Prosecutorial Neutrality, Fred C. Zacharias, Bruce A. Green Sep 2004

Prosecutorial Neutrality, Fred C. Zacharias, Bruce A. Green

University of San Diego Public Law and Legal Theory Research Paper Series

This Article examines the ideal of prosecutorial neutrality in an effort to determine its value as a measure of prosecutorial conduct. Commentators often have assumed that prosecutors should be “neutral” in making discretionary decisions or have criticized prosecutors for decisions that purportedly demonstrate a lack of neutrality. The notion of prosecutorial neutrality recalls the traditional conception of prosecutors as “quasi-judicial” officers and emphasizes the distinction between prosecutors and lawyers for private parties. But the specific meaning attributed to prosecutorial neutrality has varied depending on the context. The term refers to diverse, and potentially inconsistent, views of appropriate prosecutorial conduct. The ...


Lawyers As Gatekeepers, Fred C. Zacharias Sep 2004

Lawyers As Gatekeepers, Fred C. Zacharias

University of San Diego Public Law and Legal Theory Research Paper Series

Three recent legislative and regulatory initiatives -- the Sarbanes-Oxley Act, the 2003 amendments to Model Rules 1.6 and 1.13, and the Gatekeeper Initiative – all seek to enlist the assistance of lawyers in thwarting crime. Outraged opponents have relied on flamboyant rhetoric. They challenge the notion that lawyers should act as gatekeepers – which some of the opponents deem equivalent to operating like the “secret police in Eastern European countries.” This article makes a simple, and ultimately uncontroversial, point. Lawyers are gatekeepers, and always have been. Whatever one’s position on the merits of the specific reforms currently being proposed, it ...


The Hollowness Of The Harm Principle, Steven D. Smith Sep 2004

The Hollowness Of The Harm Principle, Steven D. Smith

University of San Diego Public Law and Legal Theory Research Paper Series

Among the various instruments in the toolbox of liberalism, the so-called “harm principle,” presented as the central thesis of John Stuart Mill’s classic On Liberty, has been one of the most popular. The harm principle has been widely embraced and invoked in both academic and popular debate about a variety of issues ranging from obscenity to drug regulation to abortion to same-sex marriage, and its influence is discernible in legal arguments and judicial opinions as well. Despite the principle’s apparent irresistibility, this essay argues that the principle is hollow. It is an empty vessel, alluring but without any ...


Appointing Federal Judges: The President, The Senate, And The Prisoner's Dilemma, David S. Law Sep 2004

Appointing Federal Judges: The President, The Senate, And The Prisoner's Dilemma, David S. Law

University of San Diego Public Law and Legal Theory Research Paper Series

This paper argues that the expansion of the White House's role in judicial appointments since the late 1970s, at the expense of the Senate, has contributed to heightened levels of ideological conflict and gridlock over the appointment of federal appeals court judges, by making a cooperative equilibrium difficult to sustain. Presidents have greater electoral incentive to behave ideologically, and less incentive to cooperate with other players in the appointments process, than do senators, who are disciplined to a greater extent in their dealings with each other by the prospect of retaliation over repeat play. The possibility of divided government ...


Understanding Recent Trends In Federal Regulation Of Lawyers, Fred C. Zacharias Sep 2004

Understanding Recent Trends In Federal Regulation Of Lawyers, Fred C. Zacharias

University of San Diego Public Law and Legal Theory Research Paper Series

Federal lawmakers increasingly have taken actions that contradict, interfere with, or preempt state regulation of lawyers. Most of the commentary regarding the recent federal actions has focused on whether individual regulations are substantively justified. It is, however, worth considering more broadly whether and how the phenomenon of increasing federal regulation is symptomatic of changing views of appropriate professional regulation. This article considers a series of theoretical analyses of the increasing federal regulation -- themes and trends that the increasing regulation might represent or epitomize. Whenever the bar or other commentators criticize developments in professional regulation, it is important to place their ...


The Tenuous Case For Conscience, Steven D. Smith Sep 2004

The Tenuous Case For Conscience, Steven D. Smith

University of San Diego Public Law and Legal Theory Research Paper Series

If there is any single theme that has provided the foundation of modern liberalism and has infused our more specific constitutional commitments to freedom of religion and freedom of speech, that theme is probably “freedom of conscience.” But some observers also perceive a progressive cheapening of conscience– even a sort of degradation. Such criticisms suggest the need for a contemporary rethinking of conscience. When we reverently invoke “conscience,” do we have any idea what we are talking about? Or are we just exploiting a venerable theme for rhetorical purposes without any clear sense of what “conscience” is or why it ...


Rational Standard Setting In Lawyer Qualification: A Critical Look At The Proposal Of The New York Board Of Law Examiners To Increase The Passing Score On The Bar Examination, Frederick Link Sep 2004

Rational Standard Setting In Lawyer Qualification: A Critical Look At The Proposal Of The New York Board Of Law Examiners To Increase The Passing Score On The Bar Examination, Frederick Link

Buffalo Public Interest Law Journal

No abstract provided.


A Model Definition Of The Practice Of Law: If Not Now, When? An Alternative Approach To Defining The Practice Of Law, Soha F. Turfler Sep 2004

A Model Definition Of The Practice Of Law: If Not Now, When? An Alternative Approach To Defining The Practice Of Law, Soha F. Turfler

Washington and Lee Law Review

No abstract provided.