The Attorney Signature Block On A Brief: A Jumping - Off Point For Discussing Ethics With Students,
2012
New York Law School
The Attorney Signature Block On A Brief: A Jumping - Off Point For Discussing Ethics With Students, Heidi K. Brown
Other Publications
No abstract provided.
Technologies-That-Must-Not-Be-Named: Understanding And Implementing Advanced Search Technologies In E-Discovery,
2012
University of Richmond
Technologies-That-Must-Not-Be-Named: Understanding And Implementing Advanced Search Technologies In E-Discovery, Jacob Tingen
Law Student Publications
Even for those who are aware of the existence of advanced search and review tactics beyond keyword search, many questions remain for attorneys and judges alike. First, what are the new and emerging technologies? While courts and commentators mention the existence of the technologies, there is not much guidance with regard to what the new technologies are and what they accomplish. Second, are the new technologies superior to the manual review process? Understandably, attorneys are hesitant to use an unfamiliar e-discovery product that may not work better than the e-discovery process to which they are already accustomed. Third, if attorneys …
Angry Judges,
2012
Vanderbilt University Law School
Angry Judges, Terry A. Maroney
Vanderbilt Law School Faculty Publications
Judges get angry. Law, however, is of two minds as to whether they should; more importantly, it is of two minds as to whether judges’ anger should influence their behavior and decision making. On the one hand, anger is the quintessentially judicial emotion. It involves appraisal of wrongdoing, attribution of blame, and assignment of punishment — precisely what we ask of judges. On the other, anger is associated with aggression, impulsivity, and irrationality. Aristotle, through his concept of virtue, proposed reconciling this conflict by asking whether a person is angry at the right people, for the right reasons, and in …
Scholastic Steroids: Is Generation Rx Cognitively Cheating? ,
2012
Pepperdine University
Scholastic Steroids: Is Generation Rx Cognitively Cheating? , Kelline R. Linton
Pepperdine Law Review
No abstract provided.
Leveraging The Dialectical Theory In Case Study Analysis: Genzyme's Ethical Dilemma,
2012
Pepperdine University
Leveraging The Dialectical Theory In Case Study Analysis: Genzyme's Ethical Dilemma, Andrei Duta
The Journal of Business, Entrepreneurship & the Law
This paper provides the theoretical framework for a case study that I share with students in my courses. The dialectical theory is used to analyze ethical conundrums pertaining to Genzyme, a successful bio-tech corporation based in Boston, Massachusetts that manufactures treatments for serious diseases such as kidney problems, immune diseases, and cancer. We discuss questions such as: is Genzyme acting unethically when averaging extremely high profit margins on drugs for rare diseases? Is the company taking advantage of the lack of pharmaceutical choices that patients have when addressing their ailments? The dialectical theory provides the framework and vocabulary for discussing, …
Motivations For Law Student Pro Bono: Lessons Learned From The Tuscaloosa Tornado,
2012
West Virginia University College of Law
Motivations For Law Student Pro Bono: Lessons Learned From The Tuscaloosa Tornado, Kelly Alison Behre
Buffalo Public Interest Law Journal
After a tornado devastated Tuscaloosa, Alabama, on April 27, 2011, law students at the University of Alabama organized and engaged in substantial legal and nonlegal service. Narratives from these students in the midst of their volunteer efforts reveal detailed accounts of their experiences and motivations for their service. In a time in which national law student pro bono rates remain low and law students continue to lose interest in social justice issues during their time in law school, these student narratives offer insight into why law students chose to volunteer through the lens of students who rose to the occasion …
Summary Of Deboer V. Sr. Bridges Of Sparks Family Hospital, Inc., 128 Nev. Adv. Op. No. 38,
2012
Nevada Law Journal
Summary Of Deboer V. Sr. Bridges Of Sparks Family Hospital, Inc., 128 Nev. Adv. Op. No. 38, Bryan Schwartz
Nevada Supreme Court Summaries
The Court considered, on appeal, what duty of care is owed by a medical facility when it performs nonmedical functions.
Summary Of Liapis V. Second Judicial Dist. Ct., 128 Nev. Adv. Op. 39,
2012
Nevada Law Journal
Summary Of Liapis V. Second Judicial Dist. Ct., 128 Nev. Adv. Op. 39, Rami Hernandez
Nevada Supreme Court Summaries
An interlocutory writ of mandamus from a district court order disqualifying an attorney from representing his father in his parents’ divorce case.
Law And Justice On The Small Screen,
2012
Boston University School of Law
Law And Justice On The Small Screen, Jessica Silbey
Books
'Law and Justice on the Small Screen' is a wide-ranging collection of essays about law in and on television. In light of the book's innovative taxonomy of the field and its international reach, it will make a novel contribution to the scholarly literature about law and popular culture. Television shows from France, Canada, the United Kingdom, Germany, Spain and the United States are discussed. The essays are organised into three sections: (1) methodological questions regarding the analysis of law and popular culture on television; (2) a focus on genre studies within television programming (including a subsection on reality television), and …
The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry,
2012
Pepperdine University
The Talent Agencies Act: Reconciling The Controversies Surrounding Lawyers, Managers, And Agents Participating In California's Entertainment Industry, Gary E. Devlin
Pepperdine Law Review
No abstract provided.
Testimony For Sale: The Law And Ethics Of Snitches And Experts,
2012
Pepperdine University
Testimony For Sale: The Law And Ethics Of Snitches And Experts, George C. Harris
Pepperdine Law Review
No abstract provided.
Lawyers And Social Media: The Legal Ethics Of Tweeting, Facebooking And Blogging,
2012
Touro University Jacob D. Fuchsberg Law Center
Lawyers And Social Media: The Legal Ethics Of Tweeting, Facebooking And Blogging, Michael E. Lackey Jr., Joseph P. Minta
Touro Law Review
No abstract provided.
Incomplete Protection: Exoneration Clauses In New York Trusts And Powers Of Attorney,
2012
Touro Law Center
Incomplete Protection: Exoneration Clauses In New York Trusts And Powers Of Attorney, Ilene S. Cooper, Robert M. Harper
Touro Law Review
No abstract provided.
Reverberations Of The Victim's "Voice": Victim Impact Statements And The Cultural Project Of Punishment,
2012
Georgetown University
Reverberations Of The Victim's "Voice": Victim Impact Statements And The Cultural Project Of Punishment, Erin L. Sheley
Indiana Law Journal
No abstract provided.
The Challenge Of Optimism And Complexity: Inadequately Addressed By The Fcic's Report,
2012
University of Missouri - Kansas City, School of Law
The Challenge Of Optimism And Complexity: Inadequately Addressed By The Fcic's Report, Timothy E. Lynch
Faculty Works
No abstract provided.
Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?,
2012
University of Georgia
Civility And Collegiality—Unreasonable Judicial Expectations For Lawyers As Officers Of The Court?, Lonnie T. Brown
Scholarly Works
It is a well-settled and often-recited fact that lawyers are “officers of the court.” That title, however, is notoriously hortatory and devoid of meaning. Nevertheless, the Eleventh Circuit recently took the somewhat unprecedented step of utilizing the officer-of-the-court label to, in effect, sanction an attorney for the purportedly uncivil act of failing to provide defendant attorneys with pre-suit notice. While the author applauds the court’s desire to place greater emphasis on lawyer-to-lawyer collegiality as a component of officer-of-the-court status, the uncertainty the decision creates in terms of a lawyer’s role will potentially force litigators to compromise important client-centered duties. This …
Procedure In Eclipse: Group-Based Adjudication In A Post-Conception Era,
2012
Benjamin N. Cardozo School of Law
Procedure In Eclipse: Group-Based Adjudication In A Post-Conception Era, Myriam E. Gilles
Articles
No abstract provided.
Message From The Chair,
2012
Georgia State University College of Law
Message From The Chair, Margaret Butler
Faculty Publications By Year
No abstract provided.
Fiduciary Duties And Exculpatory Clauses: Clash Of The Titans Or Cozy Bedfellows,
2012
Widener University School of Law
Fiduciary Duties And Exculpatory Clauses: Clash Of The Titans Or Cozy Bedfellows, Louise Lark Hill
University of Michigan Journal of Law Reform
Centuries ago, when land represented the majority of wealth, the trust was used primarily for holding and transferring real property. As the dominant form of wealth moved away from family land, the trust evolved into a device for managing financial assets. With this transformation came the use of exculpatory clauses by both amateur and professional trustees, providing an avenue for these fiduciaries to escape liability for designated acts. With the use of exculpatory provisions, discussion abounded about whether fiduciary duties were mandatory or subject to modification. The latter view eventually prevailed, with the majority of jurisdictions viewing fiduciary duties as …
Municipal Liability? Not So Fast: What Connick V. Thompson Means For Future Prosecutorial Misconduct,
2012
Mercer University School of Law
Municipal Liability? Not So Fast: What Connick V. Thompson Means For Future Prosecutorial Misconduct, T. Owen Farist
Mercer Law Review
In Connick v. Thompson, the United States Supreme Court held that, under section 1983 of title 42 of the United States Code, the Orleans Parish District Attorney's actions failed to rise to the level of deliberate indifference required for municipal liability. The Court affirmed the possibility of "single-incident" municipal liability hypothesized in City of Canton v. Harris as an exception to the ordinary requirement of a pattern of similar violations necessary to prove the stringent standard of deliberate indifference to a known or obvious consequence. Despite upholding the validity of the exception, the Court found that Thompson's case did …
