Law Commons^™

A New Options Theory For Risk Multipliers Of Attorney's Fees In Federal Civil Rights Litigation, Peter H. Huang

Publications

Given the importance of private enforcement of federal civil rights laws, Congress and the courts have attempted to encourage plaintiffs' attorneys to accept meritorious civil rights cases through fee shifting and risk multipliers. Recently, however, the Supreme Court has essentially prohibited the use of risk multipliers, thus undercompensating attorneys for the risk of losing civil rights actions and discouraging the filing of such cases. In this Article, Professor Huang develops a new options-based theory of calculating attorney's fees. Professor Huang argues that a lawsuit consists of a sequence of options to continue with the case rather than a once-and-for-all irreversible …

The American "Adversary System"?, William T. Pizzi

Publications

No abstract provided.

Asset Securitization: The Unsecured Creditor's Perspective, Lois R. Lupica

Faculty Publications

The Article examines assumptions behind literature that uncritically assumes that securitization transactions are necessarily efficient, finding that these assumptions are unwarranted. The Article is the first to view securitization transactions from an unsecured creditor’s perspective, and concludes that from such a perspective, securitization is not the panacea its proponents claim it to be.

The article first defines structured finance and describes the nature of the current market for asset-backed securities. Then, it outlines the benefits that securitization provides to originators and other transaction participants. With that background, it turns to the debate on the efficiency of secured transactions, applies the …

Order Of The Coif Program, May 8, 1998, University Of South Carolina School Of Law Order Of The Coif

Order of the Coif Programs and Documents

No abstract provided.

The Becca Bill Would Not Have Saved Becca: Washington State's Treatment Of Young Female Offenders, Tiffany Zwicker Eggers

Minnesota Journal of Law & Inequality

No abstract provided.

Lethal Pity: The Oregon Death With Dignity Act, Its Implications For The Disabled, And The Struggle For Equality In An Able-Bodied World, Mark C. Siegel

Minnesota Journal of Law & Inequality

No abstract provided.

As Justice Requires/Permits: The Delimitation Of Harmful Speech In A Democratic Society, John A. Powell

Minnesota Journal of Law & Inequality

No abstract provided.

Empowerment For The Pursuit Of Happiness: Parents With Disabilities And The Americans With Disabilities Act, Dave Shade

Minnesota Journal of Law & Inequality

No abstract provided.

Paradise Lost: New Jersey's Endangered Species Protection Laws, Joan Olawski-Stiener

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Volume 22 Index

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

A Personal History Of The Jews, Tricia Holland Baatz

Minnesota Journal of Law & Inequality

No abstract provided.

In Memoriam: Father Bill Lewers, Jay Tidmarsh

Journal Articles

There is an old and famous Irish blessing, the last line of which runs: "And may you be in heaven half an hour before the devil knows you're dead." If anyone ever deserved to be happily ensconced in heaven for the proverbial half-hour, it is Bill Lewers.

For the last fourteen years of his life among us, Bill spent his considerable energy improving our understanding and awareness of international human rights. It became Bill's great passion. In 1983, Bill was appointed as Director of the Office of International Justice and Peace for the United States Catholic Conference. When he returned …

1998-1999, Benjamin N. Cardozo School Of Law

Student Handbooks

No abstract provided.

On The Meaning And Impact Of The Physician-Assisted Suicide Cases. (Symposium: Physician-Assisted Suicide: Facing Death After Glucksberg And Quill), Yale Kamisar

Articles

I read every newspaper article I could find on the meaning and impact of the U.S. Supreme Court's June 1997 decisions in Washington v. Glucksberg' and Vacco v. Quill.2 I came away with the impression that some proponents of physician-assisted suicide (PAS) were unable or unwilling publicly to recognize the magnitude of the setback they suffered when the Court handed down its rulings in the PAS cases.

Racial Disparities In The Delivery Of Health Care, Barbara A. Noah

Faculty Scholarship

This Article focuses on the role of conscious and unconscious racial bias in the delivery of care; it does not begin to address the larger issue of inadequate access to care at the outset. Improving access to health care for minorities will undoubtedly have a positive effect on these groups' overall health status; however, to the extent that racial bias in the delivery of care exists apart from problems of inadequate access, the disparity in health status between whites and African Americans will no doubt continue.

Part II of this Article describes racial disparities in a variety of health care …

The Effects Of Remorse In A Malpractice Case, Lahna M. Rung

Honors Capstones

No abstract provided.

Franklin Covey Client Sales, Inc. V. David Melvin : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from The Third Judicial District Court In And For Salt Lake County State Of Utah David S. Young, Judge Appellant's Reply Brief.

Loporto V. Lucy Z. (Loporto) Hoegemann : Amended Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Judgment and Orders of the District Court of the Fifth Judicial District, the Honorable James L. Shumate, Presiding.

Marilyn Murdock V. Monumental Life Insurance Company, A Foreign Corporation Doing Business In Utah : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT IN AND FOR SALT LAKE COUNTY, THE HONORABLE SHEILA K. McCLEVE

Vicki L. Stratton V. David E. Stratton : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

On Appeal from the Third Judicial District Court for Salt Lake County, State of Utah Honorable Frank G. Noel, District Court Judge Presiding

The New Sovereignty And The Old Constitution: The Chemical Weapons Convention And The Appointments Clause, John C. Yoo

Constitutional Commentary, Vols 1–36 (1984–2022)

No abstract provided.

Haven M. Whitear V. Brown & Root Inc And Highlands Insurance Company And The Employers' Reinsurance Fund : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Petition for Review from the Labor Commission of Utah

State Of Utah, Plaintiff/Appellee, Vs. Shane Mark Kartchner, Defendant/Appellant : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

STATE OF UTAH, Plaintiff/Appellee, vs. SHANE MARK KARTCHNER, Defendant/Appellant. Case No. 981736-CA Priority No. 2

Wilkinson Family Farm V. Lara L. Babcock : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Second Judicial District Court of Weber County, State of Utah The Honorable Michael J. Glasmann, District Court Judge

Franklin Covey Client Sales, Inc V. David Melvin : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

On appeal from the November 10, 1998 final Memorandum Decision of the Third Judicial District Court for Salt Lake County, Honorable David S. Young, District Judge

Carla Cannon V. Travelers Insurance Company : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from Orders and Judgment of the Third District Judicial Court, Salt Lake County, The Honorable William A. Thome, presiding, District Court Case No. 940906295PI

Geri Pasquin V. John Pasquin, Jimmie Pasquin, The Estate Of Kory Pasuin, Quality Parts, Quality Transport Refrigeration Parts, Inc., Thomas A. Duffin, Daniel O. Duffin And Does : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal From the Orders of the Third District Court, Salt Lake County, State of Utah Honorable J. Dennis Frederick

U.P.C., Inc. V. R.O.A. General, Inc : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE THIRD DISTRICT COURT, SALT LAKE COUNTY, JUDGE WILLIAM' B. BOHLING

Brent D. Mitchell V. Prime Commercial, Inc : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM A JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY HONORABLE ANNE M. STIRBA, DISTRICT JUDGE

The State Of Utah V. Gerard Cotero J. Lopez : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.