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Full-Text Articles in Legal Profession

Rules Of Appellate Advocacy: An Australian Perspective, Michael Kirby Jul 1999

Rules Of Appellate Advocacy: An Australian Perspective, Michael Kirby

The Journal of Appellate Practice and Process

A justice of Australia's highest court gives advice to appellate advocates. The essay begins with an overview of Australia’s judicial structure. The discussion then focuses on ten rules for appellate advocacy.


Multiple Conceptions Of Case Rounds, Alan Minuskin Apr 1999

Multiple Conceptions Of Case Rounds, Alan Minuskin

Alan D. Minuskin

No abstract provided.


19 Tips From 19 Years On The Appellate Bench, Patricia M. Wald Jan 1999

19 Tips From 19 Years On The Appellate Bench, Patricia M. Wald

The Journal of Appellate Practice and Process

A former Chief Judge of the United States Court of Appeals for the District of Columbia Circuit provides nineteen pieces of appellate advice to commemorate her nineteen years with the court.


In Defense Of Oral Argument, Stanley Mosk Jan 1999

In Defense Of Oral Argument, Stanley Mosk

The Journal of Appellate Practice and Process

Stanley Mosk presents a case against the trend of appellate courts granting oral argument less frequently.


Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton Jan 1999

Lawyer Disclosure To Prevent Death Or Bodily Injury: A New Look At Spaulding V. Zimmerman, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.


Do The Haves Come Out Ahead In Alternative Justice Systems? Repeat Players In Adr, Carrie Menkel-Meadow Jan 1999

Do The Haves Come Out Ahead In Alternative Justice Systems? Repeat Players In Adr, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

Marc Galanter's essay, Why the "Haves" Come out Ahead: Speculations on the Limits of Legal Change (Why the "Haves" Come out Ahead), published twenty-five years ago, set an important agenda for those who care about the distributive effects of legal processes, including those of us who have been engaged in jurisprudential, intellectual, and empirical debates about the relative advantages and disadvantages of alternative and conventional legal procedures. As a document of legal intellectual history, this Article was formed in the crucible of the Legal Mobilization and Modernization program at Yale Law School that spawned so many "law and . …


Shareholder Derivative Litigation And Corporate Governance, Mark J. Loewenstein Jan 1999

Shareholder Derivative Litigation And Corporate Governance, Mark J. Loewenstein

Publications

In approving settlements of derivative actions that include fees for plaintiff's attorney, courts typically announce that attorney's fees are approved if a substantial benefit is obtained. In fact, courts, particularly Delaware courts, approve settlements in shareholder derivative actions that included substantial fees for plaintiff's attorney, despite the absence of a corresponding benefit to the corporation. Frequently, the "benefit" obtained is a reform in corporate governance, which is of dubious value to the corporation. To deter frivolous litigation, courts should resist the temptation to approve these settlements just to dispose of the litigation. The paper concludes that fees should not be …


The New Casuistry, Paul R. Tremblay Dec 1998

The New Casuistry, Paul R. Tremblay

Paul R. Tremblay

No abstract provided.