Law Commons^™

A Tribute To Monroe Freedman, Stuart Rabinowitz

Hofstra Law Review

No abstract provided.

Remarks At Monroe Freedman’S Memorial, Eric Lane

Hofstra Law Review

No abstract provided.

Aggregate Settlements And Attorney Liability: The Evolving Landscape, Lynn A. Baker

Hofstra Law Review

This Article was prepared for the Hofstra Law Review conference on "Lawyers as Targets: Suing, Prosecuting, and Defending Lawyers." Over the past several decades, attorneys involved in mass tort settlements, especially those representing the plaintiffs, have faced an increasing number of large-dollar liability claims centered on the aggregate settlement rule: that is, the state equivalents to Rule 1.8(g) of the ABA Model Rules of Professional Conduct. During this period, courts have held that fee forfeiture, potentially totaling millions of dollars, is an appropriate remedy for violations of the Rule, even in the absence of any demonstrated economic harm to the …

Legal Malpractice In International Business Transactions, Vincent R. Johnson

Hofstra Law Review

No abstract provided.

Reflections Of An Ethics Expert And A Lawyer Who Retains Him, M. H. Hoeflich, Bill Skepnek

Hofstra Law Review

No abstract provided.

Lawyers On Trial: Juror Hostility To Defendants In Legal Malpractice Trials, Herbert M. Kritzer, Neil Vidmar

Hofstra Law Review

In contrast to medical malpractice, legal malpractice is a phenomenon that has attracted little attention from empirically-oriented scholars. This paper is part of a larger study of legal malpractice claiming and litigation. Given the evidence on the frequency of legal malpractice claims, there are surprisingly few legal malpractice cases that result in jury verdicts. There are many possible explanations for this, one of which reflects the perception that lawyers are held in such low esteem by potential jurors that they risk harsh treatment by jurors when they are defendants in legal malpractice trials. Because we could find no empirical evidence …

The Litigation Privilege: Its Place In Contemporary Jurisprudence, Louise Lark Hill

Hofstra Law Review

Historically, lawyers have been immune from civil liability for statements related to litigation which may injure or offend an opposing party during the litigation process. This protection is referred to as the “litigation privilege,” which originated in medieval English jurisprudence and continues to be recognized in the United States today. The rationale supporting the litigation privilege is that the integrity of the adversary system outweighs any monetary interest of a party injured by her adversary. Remedies other than lawsuits are available to parties who feel they have been damaged “by malicious statements or conduct during litigation.” For instance, misconduct in …

The Law Of Unintended Consequences: Whether And When Mandatory Disclosure Under Model Rule 4.1(B) Trumps Discretionary Disclosure Under Model Rule 1.6(B), Peter R. Jarvis, Trisha M. Rich

Hofstra Law Review

No abstract provided.

A No-Fault Remedy For Legal Malpractce?, Melissa Mortazavi

Hofstra Law Review

The last forty years have seen a marked rise in legal malpractice lawsuits. Recent numbers show that no abatement is in sight; instead the number of large legal malpractice claims is steadily increasing. Although lawyers have a personal interest in limiting liability, they also have a professional one in protecting clients from harm arising due to malpractice. But how can the legal profession curtail and manage malpractice liability while also providing relief to injured clients? Applying existing tort scholarship on no-fault alternative systems to professional legal services, this Article argues that no-fault may be a viable option in many common …

Dealing With Conflicts And Disqualification Risks Professionally, James B. Kobak Jr

Hofstra Law Review

No abstract provided.

Some Early Thoughts On Liability Standards For Online Providers Of Legal Services, Benjamin H. Barton

Hofstra Law Review

No abstract provided.

Amending State Putative Father Registries: Affording More Rights And Protections To America’S Unwed Fathers, Ivy Waisbord

Hofstra Law Review

No abstract provided.

Childhood Trauma And Special Education: Why The "Idea" Is Failing Today's Impacted Youth, Felicia Winder

Hofstra Law Review

No abstract provided.

The Watchman Blinded: Does North Carolina Public Records Law Frustrate The Purpose Of Police Body Worn Cameras, Brian Liebman

North Carolina Law Review

No abstract provided.

Coping With Uncertainty: Cost-Benefit Analysis, The Precautionary Principle, And Climate Change, Daniel A. Farber

Washington Law Review

Climate scientists are confident that greenhouse gases are causing climate change, but it is difficult to predict the severity of future climate change or its local impacts. Unfortunately, we cannot wait for these uncertainties to be resolved before addressing the issue of climate change. Policymakers use two different strategies for setting climate policy in the face of this uncertainty: cost-benefit analysis and the precautionary principle. Although there has been much discussion of these strategies in the abstract, there has been less effort to assess them in operation. This Article analyzes these strategies and considers their application to climate risks in …

"Underdog" Arbitration: A Plan For Transparency, Ramona L. Lampley

Washington Law Review

The use of mandatory, pre-dispute arbitration clauses in consumer, employment, health-care, and even nursing home agreements is ever-increasing, even though the general public has distrust and a lack of understanding of the nature of arbitration. The Supreme Court in AT&T Mobility LLC v. Concepcion, and then in American Express Co. v. Italian Colors Restaurant, has signaled firmly that mandatory pre-dispute arbitration is here to stay. This is true even for individual low-value claims in which one party, say the consumer or employee, has little or no bargaining power. I call these claims “underdog claims.” There have been numerous …

Disruptive Innovation: New Models Of Legal Practice, Joan C. Williams, Aaron Platt, Jessica Lee

UC Law Journal

For decades, lawyers have been complaining that they hate working at law firms, and clients have expressed increasing frustration with high legal fees. But complaining is as far as either group went, until recently. This is perhaps the first attempt at a comprehensive review of a wide variety of new business organizations that have arisen in recent years to remedy the market’s failure to deliver business organizations responsive to the complaints of either lawyers or of clients. The “New Models of Legal Practice” described here typically offer a new value proposition for lawyers and clients. For lawyers, New Models offer …

Databasing Delinquency, Kevin Lapp

UC Law Journal

Technological advances in recent decades have enabled an unprecedented level of surveillance by the government and permitted law enforcement to gather, store, and retrieve in real time enormous amounts of data. After nearly a century of limited record-making and enhanced confidentiality regarding juveniles, these data collection practices have quickly expanded to include youth. This Article uncovers the vast extent of modern data collection and distribution about juveniles by the criminal justice system from juvenile sex offender registration and their inclusion in gang and DNA databases, to schools turned into mandated law enforcement informants, to police and courts increasingly sharing juvenile …

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt

Cardozo Law Review

Climate change is the world's greatest environmental threat. It is also increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change's impact - in some cases drawing sharp objections from Congress. While both the President and Congress have certain constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are unclear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are faithfully …

Table Of Contents - Cardozo Law Review, Volume 37, Issue 2

Cardozo Law Review

No abstract provided.

Threshold Liberty, Dawinder S. Sidhu

Cardozo Law Review

The Supreme Court's Thirteenth Amendment precedent is no longer sustainable. For starters, that precedent - which holds that the Amendment prohibits the "badges and incidents" of slavery, and that Congress has the power to "rationally" determine what constitutes a "badge or incident" of slavery - raises serious federalism and separation of powers concerns. To make matters worse, the Court itself has recently restricted the enforcement provisions of the Fourteenth Amendment (in City of Boerne v. Flores) and Fifteenth Amendment (in Shelby County v. Holder), rendering the generous bounds of the Thirteenth Amendment enforcement power an outlier among the …

Construction Law, Frank O. Brown Jr.

Mercer Law Review

This Article focuses on noteworthy opinions by Georgia appellate courts between June 1, 2014 and May 31, 2015 relevant to the practice of construction law.

Trial Practice And Procedure, Brandon L. Peak, Tedra C. Hobson, David T. Rohwedder, Robert H. Snyder, Morgan E. Duncan, Joseph M. Colwell, Christopher B. Mcdaniel

Mercer Law Review

This Article addresses several significant opinions issued and legislation passed during the survey period of this publication for the Georgia civil trial practitioner.

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

The 2014-2015 survey period included decisions of the appellate courts on a wide variety of issues impacting the workers' compensation system, ranging from the average weekly wage to the statutes of limitation.

Wills, Trusts, Guardianships, And Fiduciary Administration, Mary F. Radford

Mercer Law Review

This Article describes selected cases and significant legislation from the period of June 1, 2014 through May 31, 2015 pertaining to Georgia fiduciary law and estate planning.

Torts, Phillip Comer Griffeth, Cash V. Morris, Christopher R. Breault

Mercer Law Review

This Article surveys recent developments in Georgia tort law between June 1, 2014 and May 31, 2015.

Revising International Law: A Liberal Account Of Natural Resources, Fernando R. Tesón

Scholarly Publications

In this Article, I defend the view that natural resources originally belong to individuals who have legitimately established private property claims over them. Natural resources do not belong to a collective entity such as the people or the state. My argument is simple. Relying on the Lockean contractarian tradition, I argue that individuals must delegate any resource controlled by the state. This is because all powers of the state are, morally, delegated powers. A group's claims over natural resources is entirely derivative of the original claims of its members. Only individuals can originally appropriate natural resources; only they have the …

Private Data, Public Safety: A Bounded Access Model Of Disclosure, Mary D. Fan

North Carolina Law Review

No abstract provided.

Our Most Precious Right: Evaluating The Court's Voter Identification Review And Its Effect On North Carolina Franchise, Amanda S. Hawkins

North Carolina Law Review

No abstract provided.

Political Uncertainty And The Market For Ipos, Jay B. Kesten, Murat C. Mungan

Faculty Scholarship

This Article presents a simple theory and model of the effects of political uncertainty on the market for IPOs. Our model generates four central predictions: (i) increased political uncertainty reduces the frequency of IPOs; (ii) firms that choose to conduct an IPO during periods of political uncertainty are, on average, of higher quality and generate greater return on investment in the secondary market; (iii) political uncertainty increases the cost of capital for IPO firms; but (iv) underpricing is less pronounced during periods of heightened political uncertainty. We demonstrate that each of these predictions is consistent with available empirical evidence.

Our …