Browse Items (35 total)

Johnson Nanotechnology.pdf
Penn State Law Review article

STMU_HomecomingCLE2012Johnson.docx
The great current debate in American tort law is whether the so-called "economic loss rule" bars claims for negligence that causes purely economic losses unaccompanied by personal injuries or property damages. This session will discuss the Texas…

44ConnLRev53.pdf
Despite being routinely underfunded, lawyer disciplinary processes must operate in ways that merit the confidence of both society at large and the American legal profession. This means that those who participate in lawyer grievance adjudication must…

1WakeForestLRevForum29.pdf
The Restatement sections dealing with the “simple” intentional torts are almost invariably clear, colorful, and easy to grasp. Those parts of the Restatement help students to understand the interplay of general rules and exceptions, and nicely…

AALS1985_ModernMediaTechniques_Johnson.pdf
Just as it is difficult to imagine a successful trial attorney presenting a complex case to a jury without the aid of demonstrative evidence to clarify and amplify his presentation, it is increasingly impossible to avoid the idea that the same…

50MoLRev591.pdf
Having from time to time made extensive use of audio-visual media in teaching Professional Responsibility, the idea occurred to me that it might be both interesting and useful to administer a final examination which included in part a video essay…

13BCIntlAndCompLRev1.pdf
This article will consider a number of the legal aspects of the French Revolution especially relevant to the American experience. Among these are the terms of the Declaration of Rights; the American contributions toward its enactment; the failure of…

75AlbLRev963.pdf
Bernard S. Meyer‘s great professional ambition was to be a judge on the New York Court of Appeals. However, when he finally reached that goal, he found being a member of the state‘s highest tribunal was not quite what he expected. As he…

34TJeffersonLRev43.pdf
There has been sufficient time for a rich understanding of the Rule of Law to emerge from decisions of the American high court. The opinions of the Supreme Court, while binding only in the United States, continue to enjoy some measure of respect in…

66WashAndLeeLRev523.pdf
Tort scholars and jurists have recently focused on what is often called "the economic loss rule" in an effort to resolve its uncertainties. According to some authorities, the rule holds that tort law offers no redress for negligence that causes only…

48SantaClaraLRev1.pdf
In this article, the terms “corrupt” and “unethical” are not used synonymously. All corrupt practices are unethical, but not all unethical practices are corrupt. As discussed in this article, corruption in education entails (1) serious…

19GeoMasonLRev113.pdf
Part I of this Article provides an overview of the importance of credit monitoring and of tort claims related to cybersecurity. It also discusses the duty to protect digital personal information and to disclose breaches of cybersecurity, as well as…

17WmAndMaryJWomenAndL591.pdf
The Measure of Injury is an intellectual tour de force of gender- and race-based jurisprudence applied to critical issues in the law of torts. Destined to become a landmark in legal scholarship, this book deserves to be widely read, discussed, and…

61ClevStLRev489.pdf
In little more than four decades, the field of American legal ethics has grown from unimportant into a set of of legal principles that drives the practice of law in countless respects. However, the fabric of legal ethics is threatened by a looming…

1RenminULRev237.pdf
The twentieth century was a time of great change for tort law in America. At the beginning of the 1900s, victims of physical injury and property damage were afforded little in the way of redress. Under a variety of legal doctrines - some of which…

87MarquetteLRev903.pdf
Transferred intent is an ancient common-law fiction that continues to be recognized as an active part of American tort law. However there has been virtually no critical examination of whether the transferred-intent fiction still serves a useful…

77UMKCLRev43.pdf
Not long ago, American tort law clearly rejected an "outlaw" doctrine: a plaintiff engaged in tortious or criminal acts was not treated as an outlaw who could be injured with impunity. The plaintiff's unlawful conduct might give rise to a defense…

57SCarolinaLRev255.pdf
Life is built upon computerized databases, containing a vast range of information about virtually all persons who interact (voluntarily or involuntarily) with the institutions of society. When an unauthorized user hacks or otherwise improperly…

57OKLRev529.pdf
To what extent must a lawyer disclose to a client or a potential client unfavorable facts relating to the lawyer's credentials or prior experience? Must a lawyer reveal, with respect to the area of the law in which the layperson seeks legal services,…

38StMaryULJ1.pdf
William H. Rehnquist (1924-2005) taught for St. Mary’s University School of Law during four summers while he served as the sixteenth Chief Justice of the United States. For two weeks each July in 1991, 1994, 1998, and 2000, Rehnquist lectured on…

38RutgersLJ655.pdf
Hopes and dreams often hinge on the accuracy of standardized test scores. Results frequently determine, or greatly influence, whether a student progresses to the next grade level, attains a diploma, gains admission to a college or university, or can…

36SetonHallLRev715.pdf
Efforts to foster ethics in government should begin at the local, rather than the state or national, level. City officials and employees make a broad range of decisions that affect the welfare of citizens in many ways. Officials who begin their…

34StMaryULJ737.pdf
Does an attorney owe a client a duty or "absolute and perfect candor?" More than a dozen recent cases from Texas, California, Oklahoma, and the District of Columbia ha\e used this phrase to describe an attorney's fiduciary obligations. "Candor"…

32JColULaw309.pdf
In recent decades, the number of foreign programs operated by American colleges and universities has greatly expanded. There is reason to expect the number and size of foreign educational programs to increase. The proliferation of collegiate…

30StMaryULJ717.pdf
Even the casual observer would notice that Americans today have a continuing preoccupation with ethics in government. As a result of America's disdain for personal influence affecting public or legal decision-making, professional ethics is subject…

29TexasTechLRev811.pdf
It is increasingly common for jurists, rather than their allegedly erroneous rulings, to be the target of wrath by disappointed partisans. Efforts to personalize, rather than professionalize, the process of judicial criticism suggest the development…

29JLegalProfession33.pdf
Tom C. Clark served at the pinnacles of the American legal profession for nearly a quarter of a century as Attorney General from 1945 to 1949 and Supreme Court Justice from 1949 to 1967. He filed the first amicus curiae brief for the United States in…

29FordhamUrbanLRev1007.pdf
When one thinks of the independence of the American judiciary, the mind focuses first on federal courts. There have been many pivotal cases in which independent judges stood against the tides of public opinion or the power of the legislative and…

17RevLitigation497.pdf
The rule against attorney contact with a represented person is deeply entrenched in the law of lawyering. A version of the rule exists in every American jurisdiction. Two facets of the ABA Model Rule on communication with a represented person are…

16CornellJLawPubPol1.pdf
There are valuable legal steps that can and should be taken to minimize the risks that lobbying will corrupt the exercise of governmental power. As this article demonstrates, for virtually every problem that one can identify relating to lobbyists,…

7AsianPacificLPolJ32.pdf
The pace of change in contemporary China is staggering. Changes to the Chinese legal system are more difficult for foreigners to appreciate than alterations of the physical environment, in part because they are less visible, and are less frequently…

14NotreDameJLethicsPublicPol25.pdf
I studied legal ethics at Notre Dame under Tom Shaffer. having entered the law school in 1971 during the first year of David Link's twenty-four-year deanship. Shaffer's classes routinely presented moments of exquisite dilemma. \\'e spent hours…
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