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Full-Text Articles in Law

Defending Junk-Debt-Buyer Lawsuits, Peter A. Holland Jun 2012

Defending Junk-Debt-Buyer Lawsuits, Peter A. Holland

Peter A. Holland

Junk debt buyer lawsuits have overwhelmed the courts all across the United States. These lawsuits wreak havoc on consumers and their families. Often overlooked is the fact that judgments against consumers which are based on junk debt are part of a zero sum game, where every bogus judgment deprives a legitimate creditor of the chance to get paid from scarce resources. Thus, the legitimate creditor to whom money is owed is materially harmed by the junk debt buyer who extracts money based on an illegitimate claim, or who causes someone to declare bankruptcy. Providing representation to this otherwise unrepresented population …


Defending Junk-Debt-Buyer Lawsuits, Peter A. Holland May 2012

Defending Junk-Debt-Buyer Lawsuits, Peter A. Holland

Faculty Scholarship

Junk debt buyer lawsuits have overwhelmed the courts all across the United States. These lawsuits wreak havoc on consumers and their families. Often overlooked is the fact that judgments against consumers which are based on junk debt are part of a zero sum game, where every bogus judgment deprives a legitimate creditor of the chance to get paid from scarce resources. Thus, the legitimate creditor to whom money is owed is materially harmed by the junk debt buyer who extracts money based on an illegitimate claim, or who causes someone to declare bankruptcy. Providing representation to this otherwise unrepresented population …


A Judicial David Versus Goliath: Prohibiting Capital Defendants From Proceeding Pro Se, Jonathan Z. Desantis Jan 2012

A Judicial David Versus Goliath: Prohibiting Capital Defendants From Proceeding Pro Se, Jonathan Z. Desantis

Jonathan Z DeSantis

This Article contends that capital defendants should be prohibited from proceeding pro se. The Article addresses the innate difficulties a self-represented capital defendant will experience while preparing for his or her trial, particularly if he or she is incarcerated. The paper then explores the troubling relationship between self-representation and capital punishment and opines that a capital trial with a pro se defendant cannot satisfy the "heightened reliability" the United States Supreme Court demands for capital proceedings. The Article states that existing case law allows a per se limitation of the constitutional right to self-representation barring capital defendants from proceeding pro …


The Role Of Equipoise In Family Law, Deborah Cantrell Jan 2012

The Role Of Equipoise In Family Law, Deborah Cantrell

Publications

Scholars reviewing family law over the last twenty years have described the field as having undergone a revolution. While true, both scholars and front-line family law advocates have failed to invent a satisfying end to the revolution. This Article takes up that challenge and offers a novel way forward, It identifies two translation challenges that have prevented the revolution from reaching its end. The first challenge is translating reform so that its benefits accrue equally across all kinds of participants--rich and poor, those with lawyers and those without. The second challenge is translating theory into on-the-ground practices useful to family …