Law Commons^™

E-Lawyering, The Aba's Current Choice Of Ethics Law Rule & The Dormant Commerce Clause Invalidates Model Rule 8.5(B)(2) When Applied To Attorney Internet Representations Of Clients, Michael W. Loudenslager

William & Mary Bill of Rights Journal

The Internet is becoming the primary manner in which some attorneys serve clients. States have already taken differing views on whether it is acceptable for an attorney to engage in electronic representations of clients. Thus, determining what jurisdiction's law applies to such attorney conduct can be very important in deciding whether this activity constitutes the unauthorized practice of law and, if not, determining the exact duties of an attorney in such representations. This Article argues that the current version of Model Rule of Professional Responsibility 8.5(b), which governs choice of ethics law, can be interpreted to apply the legal ethics …

Data Note: The Relationship Between Supported Employment Status And Minimum Wage For Vocational Rehabilitation Integrated Employment Closures In 2004, Frank A. Smith, Dana Scott Gilmore

Data Note Series, Institute for Community Inclusion

Some VR customers earn less than minimum wage despite being closed successfully, i.e., exiting Vocational Rehabilitation (VR) services into an integrated employment setting. Section 14(c) of the Fair Labor Standards Act allows employers to pay less than the minimum wage to a person whose disability impairs their capacity to be productive at a particular job. People in supported employment are more likely to have a disability that makes them eligible for Section 14(c) minimum wage exemption. How do wages for customers in supported employment compare to those earned by other customers?

The Limits Of Bankruptcy Code Preemption: Debt Discharge And Voidable Preference Reconsidered In Light Of Sherwood Partners, Alan J. Feld

Cardozo Law Review

No abstract provided.

The New Stage Of Corporate Governance Litigation: Section 220 Demands - Reprise, Stephen A. Radin

Cardozo Law Review

No abstract provided.

Embracing Chance: Post-Modern Meditations On Punishment, Bernard E. Harcourt

Public Law and Legal Theory Working Papers

No abstract provided.

Salt Equalizer, Vol. 2006, Issue 3, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Eileen Kaufman & Tayyab Mahmud, Co-Presidents' Column, at 1.

Jane Dolkart, SALT 2007 Annual Awards Dinner Honors Wildman, Rosenkranz, at 1.

Nancy Cook, Annual Robert Cover Study Group: "Come to New Orleans, But Walk Softly," at 4.

SALT Founder Norman Dorsen to Receive AALS Award, at 4.

Adele M. Morrison, Fall Semester with the Faculty Mentoring Committee, at 5.

Patricia J. Falk, SALT Teaching Conference a Great Success, at 7.

Natsu Taylor Saito, Academic Freedom Committee Report, at 9.

Kathleen Clark, Lift the Military's Gay Ban: Lobby in D.C. on …

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn

Mercer Law Review

This Article surveys cases from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2005 through May 31, 2006 in which principles of administrative law were either illuminated or formed an important piece of the decisionmaking. For a change, the Authors observed a significant decrease in the number of reported cases during the survey period, but that drop should certainly not be interpreted as any type of trend. No attempt has been made to survey cases that would properly fall under categories of more specific articles in this issue, although some degree of overlap is inevitable …

Appellate Practice And Procedure, Roland F.L. Hall

Mercer Law Review

This Article surveys decisions addressing appellate law and procedure handed down by the Georgia appellate courts between June 1, 2005 and May 31, 2006. The cases discussed fall within three categories: (1) appellate jurisdiction; (2) preserving the record; and (3) miscellaneous cases of interest.

Domestic Relations, Barry B. Mcgough, Gregory R. Miller

Mercer Law Review

This survey period saw continued changes to domestic relations law in Georgia. The Georgia General Assembly completed its sweeping revisions of the child support guidelines. The electorate passed an amendment to the Georgia Constitution defining "marriage." The Georgia Supreme Court extended its 2003 pilot project for the third year, agreeing to accept all "non-frivolous" applications filed in divorce and alimony cases during the 2006 calendar year. As a result, all persons interested in domestic relations law have benefited from many more substantive decisions from the appellate courts.

Insurance, Stephen M. Schatz, Stephen L. Cotter, Bradley S. Wolff

Mercer Law Review

For the second year in a row, Georgia appellate courts have emphasized that even if the slightest doubt exists as to whether a liability insurance policy provides coverage for a loss, an insurer should provide a defense to the insured for the lawsuit or face potentially detrimental consequences out of the insurer's control, which the insurer will have little or no ability to alter after a judgment has been rendered against the insured. Several other recent decisions have made significant changes to insurance law as well. Some of the decisions indicate that it is becoming increasingly difficult for an insurer …

Labor And Employment Law, W. Melvin Haas Iii, William M. Clifton Iii, W. Jonathan Martin Ii

Mercer Law Review

This Article surveys recent developments in state statutory and common law that affect labor and employment relations of Georgia employers. Accordingly, it surveys published decisions from the Georgia Court of Appeals and Georgia Supreme Court from June 1, 2005 to May 31, 2006. This Article also highlights specific revisions to the Official Code of Georgia Annotated.

Legal Ethics, Patrick Emery Longan

Mercer Law Review

This Article summarizes the major developments in legal ethics in Georgia between June 1, 2005 and May 31, 2006. The Article covers discipline of lawyers, ineffective assistance of counsel, attorney fees and liens, contempt, disqualification, malpractice (and other claims against lawyers), judicial ethics, unauthorized practice of law, and one case on attorney authority.

Product Liability, Franklin P. Brannen Jr., Richard L. Sizemore, Jacob E. Daly

Mercer Law Review

This Article surveys recent developments in Georgia product liability law. It covers noteworthy cases decided during the survey period by Georgia appellate courts, the Eleventh Circuit Court of Appeals, and United States district courts located in Georgia. In addition, this Article discusses relevant legislative enactments by the Georgia General Assembly revising the Official Code of Georgia Annotated ("O.C.G.A.").

Torts, Deron R. Hicks

Mercer Law Review

No abstract provided.

The Thirteenth Juror: Media Coverage Of Supersized Trials, Mark J. Geragos

Loyola of Los Angeles Law Review

No abstract provided.

Arbitrary Enforcement: When Arbitration Agreements Containing Unlawful Provisions, Adam Borstein

Loyola of Los Angeles Law Review

No abstract provided.

Safer (Cyber)Sex With .Xxx: The Case For First Amendment Zoning Of The Internet, Patty Chan

Loyola of Los Angeles Law Review

No abstract provided.

Where There's Smoke, There's Fire (And Brimstone): Is It Time To Abandon The Clergy-Penitent Privilege, Rena Durrant

Loyola of Los Angeles Law Review

No abstract provided.

A Whiff Of Things To Come: The Unreasonableness Of Dog Sniffs In Illinois V. Caballes, Jessica Na

Loyola of Los Angeles Law Review

No abstract provided.

Race-Conscious Student Assignment Plans: Balkanization, Integration, And Individualized Consideration, Neil S. Siegel

Faculty Scholarship

In deciding Meredith v. Jefferson County Board of Education and Parents Involved in Community Schools v. Seattle School District No. 1, the Supreme Court of the United States will likely confront a critical issue to emerge from the lower court opinions on voluntary integration plans: whether school districts that use race as a factor in student assignment must comply with a legal requirement of individualized consideration. The Court has imposed such a requirement in other contexts, but it has not clearly explained what the concept of individualized consideration means and why particular forms of it matter.

This Article clarifies the …

Of Plant Variety Protection, Agricultural Subsidies, And The Wto, Srividhya Ragavan

Faculty Scholarship

This article examines how plant protection and agricultural trade issues intersect. It begins with a historical analysis of the plant [protection regime and discusses its position alongside the WTO’s requirement of plant protection, Agreement on Agriculture and the Agreement on Subsidies and Countervailing Measures. In discussing the role of global agricultural issues, especially in relation to trade and intellectual property rights, this chapters ties in issues of sustainability which is a long term goal for the trade regime.

Comparativa Entre Les Reformes Dels Estatuts D'Autonomia De Catalunya I D'Andalusia [Comparative Analysis Of The Reforms Of The Charters Of Autonomy Of Catalonia And Andalucía], Albert Lamarca-Marquès, Vanessa Casado-Pérez

Faculty Scholarship

En els ordenaments jurídics continentals europeus no és habitual l’admissió d’escrits acadèmics independents adreçats als tribunals de justícia en el marc de procediments de gran importància. En els països del Common Law, especialment en les jurisdiccions nordamericanes, mitjançant el procediment anomenat d’Amicus Curiae es permet d’adreçar aquesta mena d’escrits als tribunals de justícia, que hauran de decidir si els tenen o no en compte. A través de les pàgines d’InDret, hem volgut oferir aquest document de comparació d’ambdós Estatuts per contribuir al debat jurídic en el marc del procés de reforma dels Estatuts d’Autonomia a l’Estat i en relació als …

Materiality And Social Change: The Case For Replacing "The Reasonable Investor" With "The Least Sophisticated Investor" In Inefficient Markets, Margaret V. Sachs

Scholarly Works

The current materiality standard for federal securities fraud is a mid-twentieth-century construct that fails to accommodate certain twenty-first century realities. This Article argues that its reach should be restricted to preserve it for the many circumstances in which it continues to function well.

The current standard measures materiality from the standpoint of "the reasonable investor," a savvy person who grasps market fundamentals. This standard has a fatal flaw: its inability to protect unsophisticated investors who are duped by implausible falsehoods in inefficient markets. This flaw can no longer be ignored given Internet and telemarketing securities fraud and its many unsophisticated, …

Table Of Contents - Cardozo Law Review, Volume 28, Issue 3

Cardozo Law Review

No abstract provided.

E. Nathaniel Gates, Frank Macchiarola

Cardozo Law Review

No abstract provided.

Telling Secrets, Marty Slaughter

Cardozo Law Review

No abstract provided.

Strengthening The Criminal Defendant's Right To Counsel, Anne Bowen Poulin

Cardozo Law Review

No abstract provided.

Barbarians At The Ballot Box: The Use Of Hedging To Acquire Low Cost Corporate Influence And Its Effect On Shareholder Apathy, Jonathan J. Katz

Cardozo Law Review

No abstract provided.

Kelo's Moral Failure, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.

Inside The Bankruptcy Judge's Mind, Jeffrey J. Rachlinski, Chris Guthrie, Andrew J. Wistrich

Cornell Law Faculty Publications

In this paper, we extend our prior work on generalist judges to explore whether specialization leads to superior judicial decision making. To do so, we report the results of a study of federal bankruptcy judges. In one prior study of bankruptcy judges, Ted Eisenberg reported evidence suggesting that bankruptcy judges, like generalist judges, are susceptible to the "self-serving" or "egocentric" bias when making judgments. Here, we report evidence showing that bankruptcy judges are vulnerable to anchoring and framing effects, but appear largely unaffected by the omission bias, a debtor's race, a debtor's apology, and "terror management" or "mortality salience."'

Because …