Law Commons^™

Hiring Teams, Firms, And Lawyers: Evidence Of The Evolving Relationship In The Corporate Legal Market, Michele M. Destefano, John C. Coates, Ashish Nanda, David B. Wilkins

Articles

How are relationships between corporate clients and law firms evolving? Drawing on interview and survey data from 166 chief legal officers of S&P 500 companies from 2006-2007, we find that-contrary to standard depictions of corporate client-provider relationships-(1) large companies have relationships with ten to twenty preferred providers; (2) these relationships continue to be enduring, and (3) clients focus not only on law firm platforms and lead partners, but also on teams and departments within preferred providers, allocating work to these subunits at rival firms over time and following "star" lawyers, especially if they move as part of a team. The …

The Law School Firm, Bradley T. Borden, Robert J. Rhee

UF Law Faculty Publications

This Article introduces the concept of the law school firm. The concept calls for law schools to establish affiliated law firms. The affiliation would provide opportunities for students, faculty, and attorneys to collaborate and share resources to teach, research, write, serve clients, and influence the development of law and policy. Based loosely on the medical school model, the law school firm will help bridge the gap between law schools and the practice of law.

Incendiary Speech And Social Media, Lyrissa Barnett Lidsky

UF Law Faculty Publications

Incidents illustrating the incendiary capacity of social media have rekindled concerns about the "mismatch" between existing doctrinal categories and new types of dangerous speech. This Essay examines two such incidents, one in which an offensive tweet and YouTube video led a hostile audience to riot and murder, and the other in which a blogger urged his nameless, faceless audience to murder federal judges. One incident resulted in liability for the speaker, even though no violence occurred; the other did not lead to liability for the speaker even though at least thirty people died as a result of his words. An …

The Path Between Sebastian's Hospitals: Fostering Reconciliation After A Tragedy, Jonathan R. Cohen

UF Law Faculty Publications

On October 8, 2007, Horst and Luisa Ferrero brought their healthy but short, three-year-old son Sebastian to a university hospital for a “routine” test to determine whether he lacked human growth hormone. Two days later, following a tragic string of errors, Sebastian was pronounced brain dead. Approximately two weeks later, the hospital offered a detailed public apology to the parents for Sebastian’s death. Several months after the apology, the parents began working collaboratively with the hospital to improve patient safety at the hospital and to advocate for a new children’s hospital in their community. This paper is a case study …

Reframing Economic Substance, Karen C. Burke

UF Law Faculty Publications

Under the economic substance doctrine as codified in 26 U.S.C. § 7701(o), legislatively unintended tax benefits may be disallowed if a transaction lacks a substantial business purpose or fails to accomplish a meaningful change in the taxpayer's economic position. In a recent article on framing the “transaction” in economic substance cases, David Hariton makes three interrelated points. First, he observes that even though the judicial outcome may depend largely on how the relevant transaction is framed, few courts have explicitly focused on the framing issue. Second, he proposes that courts should presumptively frame the underlying transaction broadly by focusing on …

Property Law—Homestead Exemption—A Beneficiary Interest Can Support A Homestead Exemption In Arkansas And A Look At Other Interests Sufficient To Support A Homestead Exemption. Fitton V. Bank Of Little Rock, 2010 Ark. 280, __ S.W.3d __., Seth Williams

University of Arkansas at Little Rock Law Review

No abstract provided.

No Paradise To Regain: Comments On Russell G. Pearce And Eli Wald, The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law, Kenneth S. Gallant

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—It Wasn’T Me! Zinger V. State And Arkansas’S Unconstitutional Approach To Third-Party Exculpatory Evidence. Zinger V. State, 313 Ark. 70, 852 S.W.2d 320 (1993)., Bourgon B. Reynolds

University of Arkansas at Little Rock Law Review

No abstract provided.

Setting The Record Straight On State V. John Ingram Purtle: Reflections On The Great Dissenter, Samuel A. Perroni

University of Arkansas at Little Rock Law Review

No abstract provided.

Deed Covenants Of Title And The Preparation Of Deeds: Theory, Law, And Practice In Arkansas, Lynn Foster, J. Cliff Mckinney Ii

University of Arkansas at Little Rock Law Review

No abstract provided.

Appellate Judges As Gatekeepers? An Investigation Of Threshold Decisions In The Federal Courts Of Appeals, Erin B. Kaheny

The Journal of Appellate Practice and Process

No abstract provided.

About Coincidence, Nancy Bellhouse May

The Journal of Appellate Practice and Process

No abstract provided.

Military's Approach To Appellate Law, The, Jay L. Thoman

The Journal of Appellate Practice and Process

No abstract provided.

Representing Children On Appeal: Changed Circumstances, Changed Minds, Judith Waksberg

The Journal of Appellate Practice and Process

No abstract provided.

Comparing Appels And Oranges: Evaluating The Link Between Appeal Processes And Judiciary Structures In Canada And France, Mike Madden

The Journal of Appellate Practice and Process

No abstract provided.

Back To The Drawing Board: Re-Examining Accepted Premises Of Regional Circuit Structure, Martha Dragich

The Journal of Appellate Practice and Process

No abstract provided.

On The Leiter Side: Developing A Universal Assessment Tool For Measuring Scholarly Output By Law Professors And Ranking Law Schools, Robert E. Steinbuch

Law Faculty Scholarship

No abstract provided.

Looking Through The Class And What Alice Found There : A Frustrated Analysis Of Law School Admissions Policies And Practices, Robert E. Steinbuch

Law Faculty Scholarship

No abstract provided.

The Obligation Of Lawyers To Heal Civic Culture: Confronting The Ordeal Of Incivility In The Practice Of Law, Russell G. Pearce, Eli Wald

University of Arkansas at Little Rock Law Review

No abstract provided.

Estate And Probate Law—Testamentary Disposition Of Non-Probate Assets: Whether Iras Are Comparable To Life Insurance Policies And Whether Testators Should Be Able To Change An Ira Beneficiary By Will. Nunnenman V. Estate Of Grubbs, 2010 Ark. App. 75, __ S.W.3d __., Ashley L. Haskins

University of Arkansas at Little Rock Law Review

No abstract provided.

Table Of Contents - Cardozo Public Law, Policy And Ethics Journal, Vol. 10, Iss. 1

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Whistleblower Law 101: Facing Food Industry Retaliation, Hon. Luis Corchado, Tom Devine, Thad Guyer, Jason Zuckerman

Labor & Employment Law Forum

This Article is an annotated transcript of a panel that occurred on February 11, 2011 at the American University Washington College of Law. The podcast of the event can be found on the American University website at http://media.wcl.american.edu/mediasite/SilverlightPlayer/ Default.aspx?peid=f68cdf9c-6bab-4202-b009-26b50bf563bf. The event was co-sponsored by the Washington College of Law and the Government Accountability Project.

A Critical Perspective On The Interplay Between Our Federal Labor And Arbitration Laws, Kenneth T. Lopatka

South Carolina Law Review

No abstract provided.

Revisiting The Original Tea Party: The History Of Regulating Food Consumption In America, Alison Peck

Law Faculty Scholarship

In response to concerns over rising obesity rates, state and federal policymakers have introduced laws that seek to internalize the public health costs of consuming unhealthy foods. These laws range from taxes on sugared beverages to mandatory nutritional information disclosures and beyond. Vocal opponents to such laws, including many Tea Party members, characterize such laws as government overreaching into the private sphere. That opposition often evokes Revolutionary images and ideology, with references to the Boston Tea Party, the Founding Fathers, and the framing of the Constitution. This article challenges the symbolism used by these opponents by examining the pre-Revolutionary non-importation …

Citation Advantage Of Open Access Legal Scholarship, Carol Watson, James M. Donovan

Articles, Chapters and Online Publications

In this study focusing on the impact of open access on legal scholarship, the authors examine open access articles from three journals at the University of Georgia School of Law and confirm that legal scholarship freely available via open access improves an article’s research impact. Open access legal scholarship—which today appears to account for almost half of the output of law faculties—can expect to receive fifty-eight percent more citations than non–open access writings of similar age from the same venue.

Why They Say "No" (Casi—"No"): Countries That Reject Legalized Casino Gambling, William N. Thompson

UNLV Gaming Law Journal

Most world venues have legalized casino gambling. Indeed, the numbers of venues has been growing rapidly. In 1986, seventy-seven nations permitted legal casino gambling; in 1996, 109; while recent reports indicate 132 countries have casinos. Nonetheless, there are several cases of jurisdictions rejecting the legalization of casinos.

This article seeks to find common reasons for the rejections, and examines the following ten venues: Bhutan, Brazil, Japan, Liechtenstein, Iceland, India, Ireland, Israel, Mexico, and Norway. The study utilizes a framework from the book The Last Resort: Success and Failure in Campaigns for Casinos, by John Dombrink and William N. Thompson. …

How To Play Your Hand: Lessons For Negotiators From Poker, John Valery White, Joseph Asher, Russell Korobkin, Jack Binion, Howard Lederer, Annie Duke

UNLV Gaming Law Journal

A panel discussion on the topic of conflict resolution and negotiation strategies among internationally acclaimed poker players Annie Duke and her brother, Howard Lederer, UCLA professor Russell Korobkin, and leading Las Vegas gaming executive Jack Binion. The following transcript reflects the speakers' discussion.

The Pendulum Swings: Commerce Clause And Tenth Amendment Challenges To Paspa, Thomas L. Skinner Iii

UNLV Gaming Law Journal

The Professional and Amateur Sports Protection Act (“PASPA”) prohibits betting, gambling, or wagering on competitive games (“sports betting,” “sports gambling,” or “sports wagering”) wherein professional or amateur athletes participate or are intended to participate. Enacted in 1992, PASPA makes it illegal for any government entity or person to participate in or sponsor sports betting in all but a few states. Exemptions were carved out for parimutuel animal racing, jai-alai games, and for sports betting gambling schemes already in existence or that would become authorized within one year from the effective date of PASPA, provided that the municipality authorizing sports betting …

A Cure For A "Public Concern": Washington's New Anti-Slapp Law, Tom Wyrwich

Washington Law Review

In March 2010, the Washington State Legislature passed its Act Limiting Strategic Lawsuits Against Public Participation. The new Act fills a critical void in Washington’s protection of free expression and petition rights. The Washington Act protects the free expression of Washington citizens by shielding them from meritless lawsuits designed only to incur costs and chill future expression. This Comment offers interpretive guidance for Washington courts by examining the new law, its legislative history, its constitutional underpinnings, and its relationship to the influential California anti-SLAPP statute on which it is modeled. Although the Washington Act shares many identical provisions with the …

Fulfilling The Promise Of Payne: Creating Participatory Opportunities For Survivors In Capital Cases, Megan A. Mullett

Indiana Law Journal

No abstract provided.