Can Immune Parties Really Be Responsible: An Analysis Of The Current Interpretation Of The Texas Responsible Third Party Statute And Its Vulnerability To Constitutional Challenge.,
2012
St. Mary's University
Can Immune Parties Really Be Responsible: An Analysis Of The Current Interpretation Of The Texas Responsible Third Party Statute And Its Vulnerability To Constitutional Challenge., Justin C. Roberts, Randell Roberts
St. Mary's Law Journal
The Texas Responsible Third Party (RTP) statute was amended in 2003 to give defendants the opportunity to have the jury apportion responsibility for the plaintiff’s damages to persons who were not joined in the lawsuit. A defendant could achieve this result by designating a “responsible third party.” Plaintiffs may often join responsible third parties as additional defendants. Under such situations, all culpable parties are before the court, defending themselves, and accountable to the plaintiff for their percentage of responsibility. When the statute worked in this fashion it achieved “a carefully constructed scheme balancing the interests of both defendants and claimants.” …
Due Process And Local Administrative Hearings Regulating Public Nuisances: Analysis And Reform.,
2012
St. Mary's University
Due Process And Local Administrative Hearings Regulating Public Nuisances: Analysis And Reform., Alex Cameron
St. Mary's Law Journal
Abstract Forthcoming.
A Judicial And Economic Analysis Of Attorney's Fees In Trust Litigation And The Resulting Inequitable Treatment Of Trust Beneficiaries.,
2012
St. Mary's University
A Judicial And Economic Analysis Of Attorney's Fees In Trust Litigation And The Resulting Inequitable Treatment Of Trust Beneficiaries., Charles Epps Ipock
St. Mary's Law Journal
Abstract Forthcoming.
Administrative Procedure For The Twenty-First Century: An Introduction To The 2010 Model State Administrative Procedure Act.,
2012
St. Mary's University
Administrative Procedure For The Twenty-First Century: An Introduction To The 2010 Model State Administrative Procedure Act., John Gedid
St. Mary's Law Journal
The National Conference of Commissioners on Uniform State Laws (ULC) approved the Revised Model State Administrative Procedure Act (2010 MSAPA) in 2010. The model state administrative procedure acts (APA) have been one of the most successful endeavors of the ULC. They have played a major role in encouraging states to incorporate concepts of fairness into state agency procedure statutes and to make express provisions for judicial review of administrative action. Those states that adopted the model acts accomplished fairness goals while bringing efficiency and accuracy into the state administrative process. By providing an overview of the Act’s new features, this …
Removal Of Independent Executors: Examining The Standard In Texas After The Addition Of Material Conflict Of Interest To Section 149c Of The Texas Probate Code.,
2012
St. Mary's University
Removal Of Independent Executors: Examining The Standard In Texas After The Addition Of Material Conflict Of Interest To Section 149c Of The Texas Probate Code., Elizabeth R. Kopecki
St. Mary's Law Journal
The State of Texas permits independent executors to operate with minimal court supervision. This allows executors to administer an estate with as little cost and delay as possible. Sometimes executors abuse this limited supervision and fail to manage estates properly. Fortunately, there are particular circumstances outlined in the Texas Probate Code which allow courts to step in and remove these harmful executors. Since the adoption of section 149C to the Texas Probate Code, grounds for removal have remained relatively specific. Recently, the legislature has added a new ground: “material conflict of interest.” Though no bright-line rule exists, there is precedent …
Further Perspectives On Corporate Wrongdoing, In Pari Delicto, And Auditor Malpractice,
2012
Duke Law School
Further Perspectives On Corporate Wrongdoing, In Pari Delicto, And Auditor Malpractice, Deborah A. Demott
Faculty Scholarship
No abstract provided.
Are Prosecutors Born Or Made?,
2012
Georgetown University Law Center
Are Prosecutors Born Or Made?, Abbe Smith
Georgetown Law Faculty Publications and Other Works
In more than thirty years of criminal law practice--from public defender in Philadelphia to professor running a criminal law clinic in New York, Boston, and DC--the author has had countless encounters with prosecutors and countless conversations. Early in her career, the encounters and conversations were noteworthy--something to rail about back at the office, or to "dine out on" with friends. Soon enough they became commonplace, not even worthy of mention, just the way things were. But the author felt it important to pick a few examples and talk about them.
That The Laws Be Faithfully Executed: The Perils Of The Government Legal Advisor,
2012
Georgetown University Law Center
That The Laws Be Faithfully Executed: The Perils Of The Government Legal Advisor, David Luban
Georgetown Law Faculty Publications and Other Works
Suppose you practice business law. Your client comes to you and says "We have a major deal in the works. It is aggressive and cutting edge, and we need an opinion from you saying that it is legal." Obviously, you cannot promise that. First, you need to know what the deal is. So, you examine the documents and carefully analyze the law. Unfortunately, you have only bad news to report: the deal is illegal, and there is no way to fix it. But with a little creative stretching of the law and some body English you could make a case …
The Problem About The Nature Of Law Vis-À-Vis Legal Rationality Revisited: Towards An Integrative Jurisprudence,
2012
Georgetown Law Center
The Problem About The Nature Of Law Vis-À-Vis Legal Rationality Revisited: Towards An Integrative Jurisprudence, Imer Flores
Georgetown Law Faculty Publications and Other Works
In this paper the author argues, following Frederick Schauer, that attempting to move theoretically from-the-necessary-to-the-important may hinder our understanding of law. He further argues that attempting to move from-the-important-to-the-necessary may well be a more promising route for advancing our understanding of law as an interpretive practice which is not merely important or valuable but morally important or valuable and even necessary, as Ronald Dworkin has advocated. The authors argument also draws on the insights of Oliver Wendell Holmes Jr., who by discussing the important, but apparently neither necessary nor sufficient aspects of legal practice, integrated both logic and experience into …
Tiger Cub Strikes Back: Memoirs Of An Ex-Child Prodigy About Legal Education And Parenting,
2012
University of Colorado Law School
Tiger Cub Strikes Back: Memoirs Of An Ex-Child Prodigy About Legal Education And Parenting, Peter H. Huang
Publications
I am a Chinese American who at 14 enrolled at Princeton and at 17 began my applied mathematics Ph.D. at Harvard. I was a first-year law student at the University of Chicago before transferring to Stanford, preferring the latter's pedagogical culture. This Article offers a complementary account to Amy Chua's parenting memoir. The Article discusses how mainstream legal education and tiger parenting are similar and how they can be improved by fostering life-long learning about character strengths, emotions, and ethics. I also recount how a senior professor at the University of Pennsylvania law school claimed to have gamed the U.S. …
Lawyers, Loyalty And Social Change,
2012
University of Colorado Law School
Lawyers, Loyalty And Social Change, Deborah J. Cantrell
Publications
Fundamentally, cause lawyers engage in their work to make social change. Scholars of cause lawyering have generated a robust and rich literature considering important issues, such as what kinds of advocacy strategies best generate social change and what features of the relationship between cause client and cause lawyer are critical to an engaged and mutual relationship. But, the literature has neglected a key aspect of the cause lawyer and client relationship: whether the particular kind of loyalty that exists as between them hinders or helps in achieving social change. This Article fills that void. It first illuminates the particular features …
Support Of Non-Biological Children In Jewish Law,
2012
Benjamin N. Cardozo School of Law
Support Of Non-Biological Children In Jewish Law, J. David Bleich
Articles
Adoption as a legal institution is unknown in Jewish law. Suppression of parental identity, as generally occurs in closed adoption, is banned “lest the earth become filled with licentiousness” (Leviticus 19:29). Rabbinic tradition interprets that verse as expressing concern regarding the possibility of a future incestuous marriage. Nevertheless, raising an orphan in one’s home is regarded as highly meritorious. However, binding obligations of support and maintenance can be undertaken only by means of contract. Such a contract in favor of a stepchild may be verbal if entered into at the time of marriage. Otherwise, a formal kinyan, i.e., one of …
Legal Ethics And Federal Taxes, 1945-1965: Patriotism, Duties, And Advice,
2012
University of Washington School of Law
Legal Ethics And Federal Taxes, 1945-1965: Patriotism, Duties, And Advice, Michael Hatfield
Articles
This article is devoted to exploring the legal ethics writings by tax lawyers in a pivotal period of income tax history: 1945-1965, the first two decades of the federal income tax as we now know it. Although the income tax began in 1913, it was World War II that created the modem mass income tax: in 1939 there were 3.9 million individual income tax taxpayers but by 1945 there were 42.6 million. This period was also one of significant progress in the administration of the income tax: the Internal Revenue Code was re-organized in 1954 and, following widespread corruption scandals, …
The Good, The Right, And The Lawyer,
2011
Osgoode Hall Law School of York University
The Good, The Right, And The Lawyer, Trevor C. W. Farrow
Articles & Book Chapters
No abstract provided.
Legal Ethics,
2011
Mercer University School of Law
Legal Ethics, Patrick Emery Longan
Mercer Law Review
During the survey period, from June 1, 2010 through May 31, 2011, the appellate courts in Georgia decided cases involving the discipline of lawyers, ineffective assistance of counsel, legal malpractice, judicial ethics, and attorney disqualification. The State Bar of Georgia Formal Advisory Opinion Board took several actions that relate to the professional responsibilities of Georgia lawyers.
Ombuds In Cloud Of Exabytes--Understanding The Ombuds' Digital Trail,
2011
DePaul University
Ombuds In Cloud Of Exabytes--Understanding The Ombuds' Digital Trail, Craig Mousin
Mission and Ministry Publications
This article examines Ombuds Standards of Practice as Ombuds increasingly rely upon electronic communication. It first explores the expansion of electronically stored information (ESI) due to the many different electronic devices Ombuds rely upon or interact with including computers, smartphones, and printers. It then reviews how novel legal issues caused by e-discovery--the search for relevant digital documents in litigation--will impact Ombuds. Finally, it offers Ombuds suggestions on managing and controlling ESI while raising the question of whether the International Ombudsman Association must review its Standards of Practice in light of these ESI developments.
Musings On Mediation, Kleenex, And (Smudged) White Hats,
2011
Texas A&M University School of Law
Musings On Mediation, Kleenex, And (Smudged) White Hats, Nancy A. Welsh
Faculty Scholarship
This Essay speculates on the global future of mediation. It anticipates that mediation’s popularity will continue to grow both in the U.S. and abroad particularly as courts continue to encourage and institutionalize the process. Meanwhile, the Essay acknowledges the existence and continuing development of a relatively small cadre of elite lawyers and retired judges who serve as private mediators in large, complex matters.
The Essay also raises concerns, though, regarding the current lack of clarity in the goals and procedural characteristics that define mediation. The Essay asserts that such lack of clarity invites abuse of the mediation privilege and exclusionary …
Trust And The Commitment To Fairness,
2011
Singapore Management University
Trust And The Commitment To Fairness, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
Assistant Professor Eugene Tan writes that tripartism has given us years of industrial peace and prosperity in Singapore, but warns that trust must work both ways. The high principle of tripartism does not necessarily mean that the partners will subscribe to the same policies and outlook on what is needed for workplace harmony.
Summary Of Merits Incentives V. Dist. Ct., 127 Nev. Adv. Op. No. 63,
2011
Nevada Law Journal
Summary Of Merits Incentives V. Dist. Ct., 127 Nev. Adv. Op. No. 63, Patrick C. Mcdonnell
Nevada Supreme Court Summaries
An original petition for writ of mandamus challenging a district court’s denial of a motion to disqualify counsel who had reviewed confidential documents sent to him, unsolicited, from an anonymous source.
Communication And The Pragmatic Condition,
2011
University of Miami
Communication And The Pragmatic Condition, Gregory J. Shepherd
Center for the Study of Ethics in Society Papers
Presented March 9, 2011
