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Social and Behavioral Sciences Commons

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Legal Studies

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University of Nebraska - Lincoln

2003

Articles 1 - 6 of 6

Full-Text Articles in Social and Behavioral Sciences

Long-Term Employment Agreements With In-House Counsel: Employment Security Or Ethical Quagmire?, Richard E. Moberly, John Hutchins Dec 2003

Long-Term Employment Agreements With In-House Counsel: Employment Security Or Ethical Quagmire?, Richard E. Moberly, John Hutchins

Nebraska College of Law: Faculty Publications

The relationship between a company and its in-house corporate counsel involves a fragile mixture of the corporate counsel’s fiduciary obligations as the company’s attorney and the company’s legal and contractual responsibilities as the attorney’s employer. Although these roles and expectations often blend smoothly, the relationship can become problematic when the corporate counsel’s position as an attorney conflicts with the counsel’s status as an employee. Put another way, when a company’s expectations as a client are at odds with its responsibilities as an employer, the relationship between the employer-client and the employee-attorney can become strained and expose each to difficulty, if …


Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Mark Squillace, Sandi Zellmer Oct 2003

Managing Interjurisdictional Waters Under The Great Lakes Charter Annex, Mark Squillace, Sandi Zellmer

Nebraska College of Law: Faculty Publications

In spring 1998, the Nova Group of Sault Ste. Marie, Ontario, proposed to ship nearly 160 million gallons of Lake Superior water annually via tanker to Asia. See INTERNATIONAL JOINT COMMISSION, PROTECTION OF THE WATERS OF THE GREAT LAKES: FINAL REPORT TO THE GOVERNMENTS OF CAVADA AND THE UNITED STATES 44 (2000) (2000 IJC Report). Nova's proposal coincided with declining water levels in the Great Lakes, and the resulting public outcry and pressure from other Great Lakes governments persuaded Ontario to revoke Nova's permit just a few months later. The Nova proposal prompted the eight American states and two Canadian …


Reflections On Ranganathan’S Five Laws Of Library Science, Richard Leiter Jul 2003

Reflections On Ranganathan’S Five Laws Of Library Science, Richard Leiter

Marvin and Virginia Schmid Law Library

This article is adapted from a column that I wrote for Legal Assistant Today in 1996. The column’s audience was legal assistants, some of whom, I discovered over my seven years as a columnist for the publication, had responsibility for managing law firm libraries or library resources in addition to their other duties. So from time to time my column drifted into advice about managing libraries. This particular column came about at a time when I was mentoring some younger librarians and discovered to my surprise that they did not know of Ranganathan’s Five Laws of Library Science. When I …


The Right To Education Under The South African Constitution, Eric Berger Jan 2003

The Right To Education Under The South African Constitution, Eric Berger

Nebraska College of Law: Faculty Publications

The South African Constitution epitomizes a new breed of modern constitution, enshrining socioeconomic rights rather than only "negative" liberties. Among these is the right to education. However, despite the Constitution's progressive values, many South African schools remain inadequate. This Note argues that, given the opportunity, the South African Constitutional Court should hold the current educational system unconstitutional as applied to the worst schools. Constitutional text, purpose, and precedent, indeed, mandate this outcome. Moreover, vindicating the constitutional right to education will help South Africa attain other social and economic goals. However, in keeping with its other socioeconomic rights cases, the Court …


Multijurisdictional Practice For A Multijurisdictional Profession, Susan Poser Jan 2003

Multijurisdictional Practice For A Multijurisdictional Profession, Susan Poser

Nebraska College of Law: Faculty Publications

The issue of multijurisdictional practice ("MJP") concerns whether, and to what extent, lawyers can practice law in states in which they are not licensed. Under current law in Nebraska and almost every other state, it may be a violation of both the ethics rules and state law for a lawyer not licensed in that state to engage in activity that constitutes the practice of law, even on a temporary basis. This is law that is no longer practical or necessary and Nebraska should now consider modifying it.


Challenging The Four "Truths" Of Personal Social Security Accounts: Evidence From The World Of 401(K) Plans, Colleen E. Medill Jan 2003

Challenging The Four "Truths" Of Personal Social Security Accounts: Evidence From The World Of 401(K) Plans, Colleen E. Medill

Nebraska College of Law: Faculty Publications

This Article discusses the final recommendations of the President's Commission to Strengthen Social Security concerning the proposed creation of a system of personal Social Security accounts. The Article critically evaluates the Commission's findings (the four "Truths") in light of numerous research studies concerning participant-directed 401(k) plans. The Article claims that Truth #1, the assertion that all workers will be better off in terms of total benefits from the combination of traditional Social Security and personal account benefits, is based on unrealistic assumptions concerning how workers choose to diversify their investments. The 401(k) plan research evidence suggests that, due to their …