Search
Now showing items 1-10 of 87
Intra Law Firm Privileged Communications Regarding Questionable Attorney Conduct
(2014)
When questions are raised regarding a law firm attorney’s representation of a firm client, the questioned attorney often wishes to seek legal counsel. A conferral will often benefit the attorney, the firm and the client. ...
The New Method of Regulating Lawyers: Public and Private Interest Sanctions During Civil Litigation for Attorney Misconduct
(1987)
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 ...
Unsettling Questions Regarding Lawyer Civil Claim Settlement Authority
(1999)
While often presumed or declared to be quite settled, many of the guidelines on lawyer civil claim settlement authority are unsettled, leaving unresolved questions for lawyers, clients, and the courts. The upcoming publication ...
Abortions of the Parental Prerogatives of Unwed Natural Fathers: Deterring Lost Paternity
(2000)
A natural father's biological relationship with his child is often insufficient by itself to trigger the father's parental rights recognized within the "substantial protection" of the Due Process Clause of the Fourteenth ...
American General Jurisdiction Trial Courts: New Visions, New Guidelines
(2006)
Today, American trial courts are trying less and managing more private civil cases. They are also losing many private claims to other dispute resolvers. The traditional role of the trial judge as a neutral, detached, and ...
Troxel Revisited: A New Approach to Third Party Childcare
(2015)
In 2000 in Troxel v. Granville, four United States Supreme Court justices determined that the “liberty interests of parents in the care, custody, and control of their children” generally foreclose states from compelling ...
Expert Opinion Pleading: Any Merit to Special Certificates of Merit?
(1997)
Civil litigation reform to reduce frivolous civil lawsuits was a hot topic in the most recent Presidential debates. It has stirred much recent interest and action in state and federal legislatures. Some new developments ...
Lost Paternity in the Culture of Motherhood
(2007)
In her recent Columbia Law Review article, "Infant Safe Haven Laws: Legislating in the Culture of Life," Professor Carol Sanger shows that American safe haven laws, viewed within a larger political culture, promote the ...
Enforcing Settlements in Federal Civil Actions
(2003)
Settlements of federal civil actions may, but need not, be subject to later judicial enforcement. As recognized by the U.S. Supreme Court in Kokkonen v. Guardian Life Insurance Co., one significant limitation on enforcement ...
American State Constitutional Equalities
(2010)
Many American state constitutions contain equality provisions. Some simply promote Equal Protection in ways comparable to the Fifth and Fourteenth Amendments to the federal constitution. Others are worded quite differently, ...