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Articles 1 - 4 of 4
Full-Text Articles in Law
Rejecting The Collateral Consequences Doctrine: Silence About Deportation May Or May Not Violate Strickland’S Performance Prong, Sarah Keefe Molina
Rejecting The Collateral Consequences Doctrine: Silence About Deportation May Or May Not Violate Strickland’S Performance Prong, Sarah Keefe Molina
Saint Louis University Law Journal
No abstract provided.
Do Ask And Do Tell: Rethinking The Lawyer’S Duty To Warn In Domestic Violence Cases, Margaret B. Drew, Sarah Buel
Do Ask And Do Tell: Rethinking The Lawyer’S Duty To Warn In Domestic Violence Cases, Margaret B. Drew, Sarah Buel
Faculty Publications
Empirical data document that while domestic violence victims face high risk of recurring abuse, batterers’ lawyers may be privy to information that could avert further harm. Attorneys owe a duty of confidentiality to their clients that can be breached only in extraordinary circumstances, such as when counsel learns her client plans to commit a crime. To resolve the tension between client confidentiality and victim safety, this Article argues that, in the context of domestic violence cases, lawyers have an affirmative duty to (1) screen battering clients who have indicated a likelihood of harming others, (2) attempt to dissuade them from …
The Scope And Limitations Of The Doctrine Of Misleading Or Deceptive Conduct In The Context Of Guarantees: Some Perspectives And Uncertainties, Charles Chew
Faculty of Law - Papers (Archive)
In this article, there is a critical analysis of the doctrine of misleading or deceptive conduct under s 52 of the Trade Practices Act 1974 (Cth) which is frequently relied upon for vitiation by guarantors or sureties who, as a result of such conduct on the part of the lender or credit provider, have given guarantees without adequate understanding or informed consent. It looks at how s 52 allows a party who is induced to enter into a contract of guarantee by misleading or deceptive conduct may be entitled to damages from the lender (the representor) in respect of any …
The Vexing Problem Of Authority In Humanitarian Intervention: A Proposal, Fernando R. Tesón
The Vexing Problem Of Authority In Humanitarian Intervention: A Proposal, Fernando R. Tesón
Scholarly Publications
As is well known, the doctrine of humanitarian intervention raises a host of thorny issues: the threshold for intervention, the question of proportionality, the problem of last resort, the dilemma of whether or not to codify standards and procedures, and so forth. In this paper I will not address those issues; crucial and controversial as they are; I will assume that they have been somehow settled. I will also assume that it is desirable to find alternatives to unilateral intervention. The question, then, becomes this: who should authorize humanitarian intervention? Any acceptable authorizing procedure must avoid over-intervention and abuse on …