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Full-Text Articles in Law
Financial Rewards For Whistleblowing Lawyers, Nancy J. Moore, Kathleen Clark
Financial Rewards For Whistleblowing Lawyers, Nancy J. Moore, Kathleen Clark
Faculty Scholarship
The federal government relies increasingly on whistleblowers to ferret out fraud, and has awarded whistleblowers over $4 billion under the False Claims Act and the Dodd-Frank Wall Street reform and Consumer Protection Act. May lawyers ethically seek whistleblower rewards under these federal statutes? A handful of lawyers have tried to do so as FCA qui tam relators. They have not yet succeeded, but several court decisions suggest that they might be able to do so under confidentiality exceptions to state ethics law, which several courts have held are not preempted by the FCA. No lawyer has been publicly identified as …
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Reforming Property Law To Address Devastating Land Loss, Thomas W. Mitchell
Faculty Scholarship
Tenancy-in-common ownership represents the most widespread form of common ownership of real property in the United States. Such ownership under the default rules also represents the most unstable ownership of real property in this country. Thousands of tenancy-in-common property owners, including members of many poor and minority families, have lost their commonly-owned property due to court-ordered, forced partition sales as well as much of their real estate wealth associated with such ownership as a result of such sales. Though some scholars and the media have highlighted how thousands of African-Americans have lost an untold amount of property and substantial real …
Postadjudicatory Juvenile Defense Attorneys: More Thoughts On Reimaging Juvenile Justice, Megan F. Chaney
Postadjudicatory Juvenile Defense Attorneys: More Thoughts On Reimaging Juvenile Justice, Megan F. Chaney
Faculty Scholarship
No abstract provided.
Achieving Procedural Goals Through Indirection: The Use Of Ethics Doctrine To Justify Contingency Fee Caps In Mdl Aggregate Settlements, Morris A. Ratner
Achieving Procedural Goals Through Indirection: The Use Of Ethics Doctrine To Justify Contingency Fee Caps In Mdl Aggregate Settlements, Morris A. Ratner
Faculty Scholarship
No abstract provided.
Valuing Small Firm And Solo Law Practice: Models For Expanding Service To Middle-Income Clients, Ann Juergens
Valuing Small Firm And Solo Law Practice: Models For Expanding Service To Middle-Income Clients, Ann Juergens
Faculty Scholarship
While the profession focuses on ways to meet the critical legal needs of low-income citizens, the needs of the middle group are largely left for the market to fill. The painful fact is that the market has failed to distribute lawyer services to a majority of Americans with legal needs. Ironically, the legal needs of middle-income Americans have risen with the economic crisis even as unemployment among new lawyers has increased. A large supply of trained lawyers without work theoretically should translate into lower costs and more legal needs being met. Yet the cost of legal services has continued to …
The Education And Licensing Of Attorneys And Advocates In South Africa, Peggy Maisel
The Education And Licensing Of Attorneys And Advocates In South Africa, Peggy Maisel
Faculty Scholarship
This article explores the current organization of the South African bar and describes the legal education system and the licensing requirements for both attorneys and advocates, as well as those for foreign attorneys. Interspersed throughout the article are discussions of the system’s strengths and weaknesses, particularly in light of the transformation required after the end of apartheid, including some of the key challenges still facing South Africa.
Values And Value Creation In Public-Private Transactions , Nestor M. Davidson
Values And Value Creation In Public-Private Transactions , Nestor M. Davidson
Faculty Scholarship
Scholars have developed a significant body of literature exploring the work of deal lawyers with the essential insight that attorneys acting as transaction-cost engineers have unique potential to add to the overall value of deals. This value-creation literature has traditionally made two foundational assumptions about the role of the state in transactional law. First, scholars have assumed that regulation is essentially irrelevant to transacting-that from the deal lawyer's perspective, the government is a factor only to the extent that the state will enforce private agreements. Second, scholars have assumed that private parties uniformly view public policy as a constraint in …
Bring On 'Da Noise: The Sec's Proposals Concerning Professional Conduct For Attorneys Under Sarbanes-Oxley, Marilyn Blumberg Cane, Sarah Smith Kelleher
Bring On 'Da Noise: The Sec's Proposals Concerning Professional Conduct For Attorneys Under Sarbanes-Oxley, Marilyn Blumberg Cane, Sarah Smith Kelleher
Faculty Scholarship
In the wake of Enron's and numerous other corporate scandals, Congress enacted the Sarbanes-Oxley Act, which empowered the Securities and Exchange Commission (the Commission) to establish rules of professional conduct for attorneys who appear before it. In November 2002, the Commission released a proposal where attorneys would be required to report perceived violations of corporate governance and Commission rules up-the-ladder. Additionally, if the company failed to make an appropriate response, the attorney would be required to make a noisy withdrawal. After an onslaught of comments against the proposal, the Commission issued an alternative proposal for comment.
Under the alternative rule, …
Recalling Atticus Finch: Conversations With Practicing Lawyers, Deborah A. Schmedemann
Recalling Atticus Finch: Conversations With Practicing Lawyers, Deborah A. Schmedemann
Faculty Scholarship
This article discusses the skills, values, and attitudes that are key to practicing law. Input from practicing attorneys shows that while some traits are essential for all practice areas, other traits are specifically necessary for certain types of attorneys.
Open Texture And The Possibility Of Legal Interpretation, David B. Lyons
Open Texture And The Possibility Of Legal Interpretation, David B. Lyons
Faculty Scholarship
This essay concerns the possibility of interpreting law. It is always possible to interpret law in the weak sense, which assigns meaning it is not assumed the law previously possessed. My concern here is interpretation in the strong sense, which, if successful, reveals meaning that lies hidden in the law. Theories of legal interpretation have recently received much theoretical attention. The received theory of law's open texture suggests that this interest is misplaced.
The Arkansas Supreme Court And The Civil War, L. Scott Stafford
The Arkansas Supreme Court And The Civil War, L. Scott Stafford
Faculty Scholarship
No abstract provided.
The Role Of The Law School In Continuing Legal Education, Robert R. Wright
The Role Of The Law School In Continuing Legal Education, Robert R. Wright
Faculty Scholarship
No abstract provided.