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The New Method of Regulating Lawyers: Public and Private Interest Sanctions During Civil Litigation for Attorney Misconduct
The topic of regulating attorney conduct most immediately raises thoughts of disciplinary panels established by court rule or legislative enactment. Such enforcement mechanisms typically are employed to hear alleged ...
Choices About Attorney Fee-Shifting Laws: Further Substance/Procedure Problems under Erie and Elsewhere
Many statutes and rules operating in courts in the United States permit or mandate the shifting of attorney's fees in civil litigation. The erosion of the so-called American Rule on attorney's fees is found in laws that ...
Let Live and Let Die: Disabled Newborns and Contemporary Law
Several thousand infants die in the United States each year as a result of parental decisions to withdraw or withhold necessary medical treatment. Physicians implement these decisions in treating infants born with disabilities ...
The Process of Factfinding in Judicial Rulemaking: "Some Kind of Hearing" on the Factual Premises Underlying Judicial Rules
Judicial promulgation of generally applicable rules involving the administration and operation of American judicial systems has been increasingly criticized during the past decade as both too secretive and too closed. There ...
The Duty to Prevent Handicaps: Laws Promoting the Prevention of Handicaps to Newborns
Lawmakers addressing the problem of legal rights of the handicapped traditionally have tended to focus on the legal rights afforded those persons already possessing certain physical or mental handicaps. Specifically, their ...