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Full-Text Articles in Legal Ethics and Professional Responsibility

Nov. 2, 1999, Tuesday Group Agenda (Bic), Cao Nov 1999

Nov. 2, 1999, Tuesday Group Agenda (Bic), Cao

CAO General 1999-Present

No abstract provided.


Sept. 17, 1999, Cao New Accountability Mechanism At Ifc And Miga, Cao Sep 1999

Sept. 17, 1999, Cao New Accountability Mechanism At Ifc And Miga, Cao

CAO General 1999-Present

In 1998 World Bank Group President Wolfensohn created the position of the Compliance Advisor/Ombudsman (CAO) for the International Finance Corporation (IFC) and Multilateral Investment Guarantee Agency (MIGA). The CAO - like the Inspection Panel in the World Bank — is designed to provide a mechanism for local communities adversely affected by IFC and MIGA supported projects to raise then" concerns. The CAO is independent of line management and reports directly to the President. In addition to providing a route for local communities to raise issues and complaints about specific projects, the office is intended to provide independent and objective advice …


Sept.14.1999, Cao, Facilitators' Summary Of Issues Day 1 Of Roundtable, Cao Sep 1999

Sept.14.1999, Cao, Facilitators' Summary Of Issues Day 1 Of Roundtable, Cao

CAO General 1999-Present

No abstract provided.


Sept. 13-15 1999, Agenda, Cao Roundtable, Mtg On Proc's, Cao Sep 1999

Sept. 13-15 1999, Agenda, Cao Roundtable, Mtg On Proc's, Cao

CAO General 1999-Present

No abstract provided.


Sept.13-15, 1999, Cao Discussion Paper For Cao Roundtable Meeting (9.3.1999, Draft), Cao Sep 1999

Sept.13-15, 1999, Cao Discussion Paper For Cao Roundtable Meeting (9.3.1999, Draft), Cao

CAO General 1999-Present

No abstract provided.


Oct. 22.1999, Draft Cao Operational Guidelines (V.7.), Cao Sep 1999

Oct. 22.1999, Draft Cao Operational Guidelines (V.7.), Cao

CAO General 1999-Present

The IFC/MIGA Environmental and Social Compliance Advisor Ombudsman (CAO) is an independent post that reports directly to the President of the World Bank Group. The post was established in 1999. Its purpose is assisting the International Finance Corporation (IFC) and the Multilateral Investment Guarantee Agency (MIGA) to enhance the social and environmental outcomes of projects in which they play a role.


Sept. 1999, Draft, Measures For Success For Roundtable., Cao Sep 1999

Sept. 1999, Draft, Measures For Success For Roundtable., Cao

CAO General 1999-Present

No abstract provided.


Sept. 1999, Participants, Mtg On Developing Proc's To The Cao, Cao Sep 1999

Sept. 1999, Participants, Mtg On Developing Proc's To The Cao, Cao

CAO General 1999-Present

No abstract provided.


Jul. 8, 1999, Harmful Child Labor Interim Guidance, Ifc Jul 1999

Jul. 8, 1999, Harmful Child Labor Interim Guidance, Ifc

IFC E&S Performance Standards

No abstract provided.


April, 1999, Ifc Miga Announces Compliance Advisor, Cao Apr 1999

April, 1999, Ifc Miga Announces Compliance Advisor, Cao

CAO General 1999-Present

No abstract provided.


March. 23.1999, Letter From R. Caines To D. Hunter, Participation In Ifc Envt Retreat, Richard Caines Mar 1999

March. 23.1999, Letter From R. Caines To D. Hunter, Participation In Ifc Envt Retreat, Richard Caines

CAO General 1999-Present

No abstract provided.


Loss Of Earning Capcity Benefits In The Community Property Jurisdiction - How Do You Figure., Aloysius A. Leopold Jan 1999

Loss Of Earning Capcity Benefits In The Community Property Jurisdiction - How Do You Figure., Aloysius A. Leopold

St. Mary's Law Journal

In the interest of uniformity, benefits for the loss of earning capacity should be subject to the same legal principle when determining marital property rights, regardless of the context in which those rights arise. However, courts throughout the United States have relied upon four different methods to determine title to loss of earning capacity benefits upon divorce. These approaches include the unitary approach, the analytic approach, the mechanistic approach, and the case-by-case approach. Because the determination of title to benefits varies tremendously, the need for certainty in this area of the law is necessary particularly in light of the Texas …


1999 (Undated), Ifc, Historical Summary Leading To Cao, Annex A, Cao Jan 1999

1999 (Undated), Ifc, Historical Summary Leading To Cao, Annex A, Cao

CAO General 1999-Present

No abstract provided.


Texas Rule Of Evidence 503: Defining Scope Of Employment For Corporations Comment., Craig W. Saunders Jan 1999

Texas Rule Of Evidence 503: Defining Scope Of Employment For Corporations Comment., Craig W. Saunders

St. Mary's Law Journal

The attorney-corporate client privilege should be regarded as encompassing only communications made to the corporation’s counsel by employees in the scope of their employment. The Supreme Court of Texas and the Texas Court of Criminal Appeals ordered the merger of the Civil and Criminal Rules of Evidence. The merger became effective on March 1, 1998 and is now known as the Texas Rules of Evidence. Although the civil and criminal rules often mirror each other, one monumental change is in the new version of Rule 503. This new version significantly alters the analysis used in a corporate context and determines …


The Constitution And Reconstitution Of The Standing Doctrine Comment., Laveta Casdorph Jan 1999

The Constitution And Reconstitution Of The Standing Doctrine Comment., Laveta Casdorph

St. Mary's Law Journal

The most effective response to the U.S. Supreme Court’s construction of Article III standards will be to revise citizen suit statutes to reaffirm its important role in giving the injured citizen a voice against the administrative state. With the rise of the administrative state in the late 1930s and 40s, the Court developed a conservative doctrine of standing to protect New Deal legislation from court-based attacks. As individual constitutional rights expanded, standing rules were liberalized, allowing litigants to challenge the actions and decisions of administrative agencies more easily. Congress passed numerous environmental statutes containing “citizen suit” provisions in the 1960s …


Dead Man Talking: Competing Narratives And Effective Representation In Capital Cases Essay., Jeffrey J. Pokorak Jan 1999

Dead Man Talking: Competing Narratives And Effective Representation In Capital Cases Essay., Jeffrey J. Pokorak

St. Mary's Law Journal

As Karl Hammond’s case indicates, to serve justice, balance between the Kill Story and Human Story is necessary in a capital trial. This Essay seeks, through deconstruction of Karl Hammond’s case, to identify and illustrate the values of telling these combating stories. Part III describes the Kill Story and the Human Story in Karl’s case from the record of his trial, appeals, and petitions. Part III also demonstrates how the failure to tell one side of the story in either the guilt-innocence phase or the punishment phase can have a prejudicial effect on the jury’s decision. Part IV then discusses …


The Lautenberg Amendment: Congress Hit The Mark By Banning Firearms From Domestic Violence Offenders Comment., Polly Mccann Pruneda Jan 1999

The Lautenberg Amendment: Congress Hit The Mark By Banning Firearms From Domestic Violence Offenders Comment., Polly Mccann Pruneda

St. Mary's Law Journal

Immediate action is critical to preserve the goals of the Lautenberg Amendment to protect victims of domestic violence from future abuse and their abusers. Incidents of gun-related domestic violence are not uncommon in the United States. Statistics show that domestic violence takes one life every three days and the combination of guns and domestic violence cause more deaths than incidents which are not associated with guns. In 1996, Congress attempted to find a solution to this problem. The Lautenberg Amendment, enacted pursuant to Congress’ Commerce Clause power, seeks to protect individuals from gun related injury or death occurring within domestic …


Beyond Black And White: Selected Writings By Asian Americans Within The Critical Race Theory Movement Perspective., Harvey Gee Jan 1999

Beyond Black And White: Selected Writings By Asian Americans Within The Critical Race Theory Movement Perspective., Harvey Gee

St. Mary's Law Journal

A new generation of progressive intellectuals has evolved, attempting to transform the manner in which law, race, and racial power are understood and discussed in America. The latter half of the twentieth century proved to be a time of profound demographic changes. Racial and political reform policies of the post-modern Civil Rights Movement failed to fully respond to these dramatic social changes. A theory was created to address social racism because the “color-blind” model posited by the Supreme Court of the United States perpetuated racism by supporting the existing hierarchy. Critical Race Theory attempts to tackle these dramatic social changes …


Splitting The Atom Or Splitting Hairs - The Hate Crimes Prevention Act Of 1999 Note., Andrew M. Gilbert, Eric D. Marchand Jan 1999

Splitting The Atom Or Splitting Hairs - The Hate Crimes Prevention Act Of 1999 Note., Andrew M. Gilbert, Eric D. Marchand

St. Mary's Law Journal

Problems of bias-motivated violence plague our nation and threaten to erase the progress made during the civil rights era. Recent statistical surveys conducted by the Federal Bureau of Investigation (FBI) indicate the number of hate crimes has generally increased over the past few years. In 1996, over 11,000 individuals were victims of hate crimes—five percent more than reported the previous year. Hate crimes are not only injurious to the individual victim, but also fracture surrounding communities and create disharmony among citizens. As a result, some states implemented legislation in the 1980s to deter hate-motived crimes and a few states have …


America's Preoccupation With Ethics In Government Essay., Vincent R. Johnson Jan 1999

America's Preoccupation With Ethics In Government Essay., Vincent R. Johnson

St. Mary's Law Journal

Many Americans today expect that the law can, should, and will be used to ensure a level playing field in public life. Americans expect the law to eliminate, insofar as possible, any unfair advantage that might be gained through the use of special connections to those who exercise the power of government. There are numerous rules applicable to judges, lawyers, and public officials that each seek to promote equal treatment for all persons by limiting the ability of persons to use special connections and privileged relationships to gain an advantage in public affairs. There were two threads of development in …


Resolving The Mult-Fractional Deed Dilemma - Conc.Ord Oil Co. V. Pennzoil Exploration & (And) Production Co. Recent Development, Noelle C. Letteri Jan 1999

Resolving The Mult-Fractional Deed Dilemma - Conc.Ord Oil Co. V. Pennzoil Exploration & (And) Production Co. Recent Development, Noelle C. Letteri

St. Mary's Law Journal

Abstract Forthcoming.


From Little Acorns Great Oaks Grow: The Constitutionality Of Protecting Minors From Harmful Internet Material In Public Libraries Comment., Kimberly S. Keller Jan 1999

From Little Acorns Great Oaks Grow: The Constitutionality Of Protecting Minors From Harmful Internet Material In Public Libraries Comment., Kimberly S. Keller

St. Mary's Law Journal

Congress should focus on the receiver's end of Internet transmissions to overcome the anonymity and transmogrification elements of the Internet to protect minors from harmful material. Throughout the years, librarians have struggled with monitoring minors’ access to the accumulating number of controversial texts in the library. The Internet’s unique infrastructure affords librarians virtually no opportunity for the pre-shelf review available with books and videos. Congress enacted the Communications Decency Act (CDA) in 1996 in an attempt to protect minors from the underbelly of the internet. The United States Supreme Court, in Reno v. ACLU, struck down the CDA ruling that …


Keeping The Promise: Establishing Nontransferable Election Systems In Jurisdictions Covered By Section Four Of The Voting Rights Act., Adam J. Cohen Jan 1999

Keeping The Promise: Establishing Nontransferable Election Systems In Jurisdictions Covered By Section Four Of The Voting Rights Act., Adam J. Cohen

St. Mary's Law Journal

Jurisdictions covered by the Voting Rights Act (VRA or the Act) need to impose multimember districting and non-transferable election systems. The VRA was enacted in 1965 to enforce the promise of the Fifteenth Amendment to the United States Constitution: the right to vote shall not be abridged on the basis of race. The Act requires any change in election procedures to be approved in advance so that states are not able to continuously disenfranchise voters based on race by simply changing election procedures. Either the District Court for the District of Columbia or the Attorney General of the United States …


Possible Solutions: Policy Tools To Achieve Flexibility To Meet New Conditions, Preliminary Thoughts For Coping With Future Droughts, Maria O'Brien Jan 1999

Possible Solutions: Policy Tools To Achieve Flexibility To Meet New Conditions, Preliminary Thoughts For Coping With Future Droughts, Maria O'Brien

Faculty Scholarship

The following comments are premised on the author's experience with the Middle Rio Grande Conservancy District (Conservancy) in New Mexico and its endeavor to implement a water banking system. Background information about the Conservancy is helpful for an understanding of its efforts at water banking.


Shortage And Tension On The Upper Rio Grande: Protecting Endangered Species During Times Of Drought, Comments From The Perspective Of The Middle Rio Grande Conservancy District, Maria O'Brien Jan 1999

Shortage And Tension On The Upper Rio Grande: Protecting Endangered Species During Times Of Drought, Comments From The Perspective Of The Middle Rio Grande Conservancy District, Maria O'Brien

Faculty Scholarship

Looking back at the drought of 1996 and at the efforts to protect endangered species in the midst of the drought, the most glaring fact remains that the water managers and users of the Rio Grande were in crisis management. In fact, despite some efforts, if the drought had manifested with equal or greater intensity in 1997, we would have remained in crisis management. Hence, as we move forward and examine lessons learned, the most vital premise we must return to is the imperative for balance as we undertake the precarious task of allocating water to protect endangered species, serve …


Dec. 1998, Ifc, Procedure On Envt & Social Review, Ifc Dec 1998

Dec. 1998, Ifc, Procedure On Envt & Social Review, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 1998, Ifc, Pest Management, Op 4.09, Ifc Nov 1998

Nov. 1998, Ifc, Pest Management, Op 4.09, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 1998, Ifc, Projects On International Waterways, Op 7.50, Ifc Nov 1998

Nov. 1998, Ifc, Projects On International Waterways, Op 7.50, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 1998, Ifc, Projects On International Waterways, Op 7.50, Ifc Nov 1998

Nov. 1998, Ifc, Projects On International Waterways, Op 7.50, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 1998, Ifc, Forestry, Op. Proc. 4.36, Ifc Nov 1998

Nov. 1998, Ifc, Forestry, Op. Proc. 4.36, Ifc

IFC E&S Performance Standards

No abstract provided.