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Legal Ethics and Professional Responsibility Commons™

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Articles 1561 - 1590 of 1990

Full-Text Articles in Legal Ethics and Professional Responsibility

Jul. 12, 1994, Hon. N. Pelosi, Letter To Treas. Secretary L. Bentson Re Ifc Information Policy, Nancy Pelosi Jul 1994

Jul. 12, 1994, Hon. N. Pelosi, Letter To Treas. Secretary L. Bentson Re Ifc Information Policy, Nancy Pelosi

IFC E&S Performance Standards

No abstract provided.


Jun. 24, 1994, C. Dobson, Bic, Letter To Hon. Barney Frank Re Ifc Access To Information, Bic Jun 1994

Jun. 24, 1994, C. Dobson, Bic, Letter To Hon. Barney Frank Re Ifc Access To Information, Bic

IFC E&S Performance Standards

No abstract provided.


Delivery Of Legal Services To Ordinary Americans, Roger C. Cramton Jan 1994

Delivery Of Legal Services To Ordinary Americans, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


The Ethics Of Violence: Necessity, Excess, And Opposition (Book Review Essay), Anthony V. Alfieri Jan 1994

The Ethics Of Violence: Necessity, Excess, And Opposition (Book Review Essay), Anthony V. Alfieri

Articles

No abstract provided.


Legislative Redistricting In 1991-1992: The Texas Bill Of Rights V. The Voting Rights Act., James C. Harrington, Judith Sanders-Castro Jan 1994

Legislative Redistricting In 1991-1992: The Texas Bill Of Rights V. The Voting Rights Act., James C. Harrington, Judith Sanders-Castro

St. Mary's Law Journal

Every decade, after the federal government has taken the census, Americans endure the process of redistricting Congress, state legislatures, county commissioner precincts, school boards, city councils, and a host of other elected bodies. Governed by the interplay of federal, state, and local law, the reapportionment process would seem to be a relatively easy task in theory. Yet, overriding forces unique to the political arena and the judiciary’s voice in redistricting questions undermine the implementation of such a simple system. Narrow interpretation of the Voting Rights Act of 1965 by the United State Supreme Court and lower federal courts further intensify …


The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson Jan 1994

The Supreme Court Takes A Weapon From The Drug War Arsenal: New Defenses To Civil Drug Forfeiture., Scott Alexander Nelson

St. Mary's Law Journal

This Comment discusses the history and development of forfeiture law—emphasizing the misnomer of “guilty property”—and addresses the lack of constitutional safeguards in the civil forfeiture statutes. It outlines prospective constitutional defenses announced by the United States Supreme Court, emphasizing the Fifth Amendment guarantee of due process, the Eighth Amendment’s Excessive Fines Clause, and the “innocent owner” defense. The federal statute authorizing civil forfeiture, 21 U.S.C. § 881 (Forfeiture Statute), was initially enacted as part of the Comprehensive Drug Abuse Prevention and Control Act of 1970. The Comprehensive Forfeiture Act of 1984 amended the statute to impose forfeiture on real property …


The Dark Secret Of Progressive Lawyering: A Comment On Poverty Law Scholarship In The Post-Modern, Post-Reagan Era, William H. Simon Jan 1994

The Dark Secret Of Progressive Lawyering: A Comment On Poverty Law Scholarship In The Post-Modern, Post-Reagan Era, William H. Simon

Faculty Scholarship

In 1971, Stephen Wexler argued in "Practicing Law for Poor People" that what poverty lawyers should be doing was, in a word, organizing. I Wexler flaunted a tough-minded disdain, not only for individual claim assertion, but also for the purely individual concerns of particular clients. Instead, he advocated efforts to assist the poor to collective power.

In his 1977 diagnosis of the state of poverty practice, Gary Bellow argued that what legal services lawyers should be doing was "focused case pressure." He proposed aggregating small housing or welfare claims in order to generate pressure on institutions engaged in systemic misconduct …


Self-Publication: Defamation Within The Employment Context., Howard J. Siegel Jan 1994

Self-Publication: Defamation Within The Employment Context., Howard J. Siegel

St. Mary's Law Journal

This Article reviews the rules and reasoning various jurisdictions have maintained in defamation actions supported by self-publication. This type of defamation action is commonly known as self-defamation. Before the law will hold the originator of a defamatory statement liable for defamation, publication of the defamatory comments must occur. Generally, defamatory communications are those communications which tend to injure one’s reputation. Publication normally occurs when one communicates the defamatory matter to “one other than the person defamed.” Originally, courts considered defamation actions valid only when the defamed person alleged that the originator directly published the statement to a third person. Under …


Time Limitations For Objecting To Claims: The Interplay Between Sections 502(D) And 546(A) Of The Bankruptcy Code., Gregory G. Hesse Jan 1994

Time Limitations For Objecting To Claims: The Interplay Between Sections 502(D) And 546(A) Of The Bankruptcy Code., Gregory G. Hesse

St. Mary's Law Journal

It is common lore among bankruptcy trustees and lawyers that a bankruptcy trustee has an unlimited time period under the Bankruptcy Code (the Code) to file objections to claims. Neither Section 502(a) of the Code nor Federal Rule of Bankruptcy Procedure 3007 contains time limitations within which an objection to a claim must be filed. Yet, creative creditor attorneys have fashioned arguments that the two-year limitations period placed on avoidance actions by Section 546(a) of the Code applies to claim objection proceedings brought under Section 502(d). Because courts have held the limitations period of Section 546(a) applies to claim objection …


U.S. Taxation Of U.S. Persons Doing Business Or Investing In Mexico: An Overview., William H. Hornberger Jan 1994

U.S. Taxation Of U.S. Persons Doing Business Or Investing In Mexico: An Overview., William H. Hornberger

St. Mary's Law Journal

U.S. persons who plan to do business in Mexico or invest in new or existing Mexican business ventures are faced with a myriad of U.S. federal income tax issues. U.S. counsel advising U.S. persons regarding the ownership structure for a contemplated business or investment in Mexico should have a basic understanding of the U.S. system of international taxation. While a working knowledge of Mexico’s tax system is also helpful, Mexican counsel can provide information regarding the Mexican tax implications of doing business or investing in Mexico. A review of the U.S. system of international taxation should begin with a consideration …


Banning Motherhood: An Rx To Combat Child Abuse., Toni Driver Saunders Jan 1994

Banning Motherhood: An Rx To Combat Child Abuse., Toni Driver Saunders

St. Mary's Law Journal

Abstract Forthcoming.


Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith Jan 1994

Enhanced Punishment Under The Texas Hate Crimes Act: Politics, Panacea, Or Pathway To Hell., David Todd Smith

St. Mary's Law Journal

Nearly without exception, modern legislatures have responded to the reprehensible nature and detrimental social effects of hate crime by enacting laws specifically designed to punish the offender’s discriminatory animus. The term “hate crime” describes criminal conduct which is motivated by the offender’s bias or prejudice against another cognizable group. Although the reprehensible nature of a hate crime is often apparent from the facts of any given case, the repercussions of these offenses exceed the ignoble character of any one specific act. Texas has now joined the ranks of these jurisdictions by adopting legal provisions which authorize heightened penalties upon a …


Nov. 29, 1993, Corresponence From Sr. Bank Staff, Re Potential Candidates For Wbp, Ibrd Nov 1993

Nov. 29, 1993, Corresponence From Sr. Bank Staff, Re Potential Candidates For Wbp, Ibrd

WBIP Creation Up To 1993

No abstract provided.


Nov. 1993, Eurodad, Third World Debt In The 1990s, Eurodad Nov 1993

Nov. 1993, Eurodad, Third World Debt In The 1990s, Eurodad

WBIP Creation Up To 1993

No abstract provided.


Sept. 24, 1993, Memo From L. Preston, Wb President To All Staff, Announcing Creation Of Wbip, Lewis T. Preston Sep 1993

Sept. 24, 1993, Memo From L. Preston, Wb President To All Staff, Announcing Creation Of Wbip, Lewis T. Preston

WBIP Creation Up To 1993

No abstract provided.


Sept 22 1993, Board Transcript, Establishment Inspection Panel, Ibrd Sep 1993

Sept 22 1993, Board Transcript, Establishment Inspection Panel, Ibrd

WBIP Creation Up To 1993

No abstract provided.


September 20, 1993 Ngo Memo Re Comments On The World Banks Draft Resolution For Creating An Independent Inspection Panel, Lori Udall, David Hunter, Jim Barnes, Chad Dobson Sep 1993

September 20, 1993 Ngo Memo Re Comments On The World Banks Draft Resolution For Creating An Independent Inspection Panel, Lori Udall, David Hunter, Jim Barnes, Chad Dobson

WBIP Creation Up To 1993

No abstract provided.


Sept. 20-24, 1993, D. Bradlow, Greater Public Accountability Will Improve Efficacy Of Mdbs, Daniel Bradlow Sep 1993

Sept. 20-24, 1993, D. Bradlow, Greater Public Accountability Will Improve Efficacy Of Mdbs, Daniel Bradlow

WBIP Creation Up To 1993

No abstract provided.


Fo, Pol'y Brief, Analysis Of Ifc Procedures And Policies Against Fy 95 Certification Requirements, Ifc Aug 1993

Fo, Pol'y Brief, Analysis Of Ifc Procedures And Policies Against Fy 95 Certification Requirements, Ifc

IFC E&S Performance Standards

No abstract provided.


Augst 27, 1993 Public Transcript Of Ibrd Ida Board Meeting On Panel Of August 27 1993, Ibrd Aug 1993

Augst 27, 1993 Public Transcript Of Ibrd Ida Board Meeting On Panel Of August 27 1993, Ibrd

WBIP Creation Up To 1993

No abstract provided.


August 26, 1993 Creating An Independent Appeals Commission At The World Bank, David Hunter, Lori Udall, Peter Bosshard Aug 1993

August 26, 1993 Creating An Independent Appeals Commission At The World Bank, David Hunter, Lori Udall, Peter Bosshard

WBIP Creation Up To 1993

No abstract provided.


August 26, 1993 Transcript Of Ibrd Idaboard Meeting On Panel Of-August-26-1993, Ibrd Aug 1993

August 26, 1993 Transcript Of Ibrd Idaboard Meeting On Panel Of-August-26-1993, Ibrd

WBIP Creation Up To 1993

No abstract provided.


Aug 6, 1993, Ibrd, Memo To Wb Board, Paper, Function And Operations Of An Inspection Function And August 5 Draft Resolution, The World Bank Aug 1993

Aug 6, 1993, Ibrd, Memo To Wb Board, Paper, Function And Operations Of An Inspection Function And August 5 Draft Resolution, The World Bank

WBIP Creation Up To 1993

This document includes the April 6 Board Paper prepared by IPR staff and entitled “Function and operations of an Inspection Function.” Also included with the Board Paper is the Draft Resolution dated August 6, prepared by the General Counsel Ibrahim Shihata. These documents were prepared for discussion at the August 26 Board meeting. These papers reflected Board comments made at the July 9 meeting on the June 10 options paper, Operations Inspection in the Bank: Issues and Options, In light of those comments, the cover memo highlights that in this version: The Objectives of, and rationale for, the inspection have …


Aug 6 1993, Ibrd, Board Paper, Function And Operations Of An Inspection Function, Ibrd Aug 1993

Aug 6 1993, Ibrd, Board Paper, Function And Operations Of An Inspection Function, Ibrd

WBIP Creation Up To 1993

No abstract provided.


Jul. 26, 1993, P. Bosshard, Letter To D. Hunter Re Wbip Meeting And Paper, Peter Bosshard Jul 1993

Jul. 26, 1993, P. Bosshard, Letter To D. Hunter Re Wbip Meeting And Paper, Peter Bosshard

WBIP Creation Up To 1993

No abstract provided.


Jul. 5 & 15, 1993, D. Bradlow, Wb Reforms & Improving The Wb Articles, Daniel Bradlow Jul 1993

Jul. 5 & 15, 1993, D. Bradlow, Wb Reforms & Improving The Wb Articles, Daniel Bradlow

WBIP Creation Up To 1993

No abstract provided.


Outing In The Time Of Aids: Legal And Ethical Considerations, John F. Hernandez Apr 1993

Outing In The Time Of Aids: Legal And Ethical Considerations, John F. Hernandez

Faculty Articles

No abstract provided.


Impoverished Practices, Anthony V. Alfieri Jan 1993

Impoverished Practices, Anthony V. Alfieri

Articles

No abstract provided.


Nurturing The Impulse For Justice, Lynne N. Henderson Jan 1993

Nurturing The Impulse For Justice, Lynne N. Henderson

Articles by Maurer Faculty

No abstract provided.


Proof Of Attorney's Fees In Texas., Scott A. Brister Jan 1993

Proof Of Attorney's Fees In Texas., Scott A. Brister

St. Mary's Law Journal

In Texas, the complex and confusing rules defining proof of attorney’s fees require simplification. Texas, like many other states, follows the American Rule, meaning the plaintiff and defendant each pay their own attorney’s fees. The United States is the only common-law jurisdiction and virtually the only industrialized democracy following the American Rule. Two primary justifications support following the American Rule. First, the American Rule supports individuals seeking a judicial remedy by removing the obstacle of paying an opponent’s legal fees. Second, it reduces potential litigation, attendant time and expense that would be necessary to dispute legal fees if they were …