Search

The article examines the possibility that Thomas Nashe, a writer from the Elizabethan era, was a pseudonym used by the Earl of Oxford. The author presents evidence suggesting linguistic and thematic similarities between Nashe's works and those of Shakespeare, as well as shared enemies and friends. The article also discusses allegorical references in Nashe's play that support the theory. The author argues that understanding Nashe as Oxford provides new insights into his works and highlights references from other writers that suggest they knew Nashe's true identity. The article questions the authenticity of certain documents and explores inconsistencies in Nashe's life that can be explained if he is understood as Oxford. [Extracted from the article]

The paper studies a 1903 text titled Muk-Shiksha to make three arguments. It examines the colonized deaf subject as shaped by discourses of oralism, the role of hearing advocates in consolidating oralism, and the ways in which deafness is mediated in local contexts of educational reform. [ABSTRACT FROM AUTHOR]

Since the adoption by NASPAA of universal competencies, there have been calls in this, as well as other, journals for a renewed focus on law-related courses in MPA and MPP curricula. There appears to have been a decline in the number of accredited programs offering such courses, even though the legitimacy of public administration depends in large part on its constitutional and legal foundations. The currently unsettled political and legal environment is a further reason to provide graduates of NASPAA accredited programs with the intellectual tools needed to navigate through these turbulent times. This case study describes a special topic course on the role of public agencies and the courts in advancing the rule of law offered to a wide range of MPA students, and team-taught by the authors, one a professor who taught administrative law for 40 years and the other an attorney with 36 years of experience as a litigator. [ABSTRACT FROM AUTHOR]

Many of the traditional components of initial joint sessions occur less frequently today than they did historically and are more likely to take place during initial caucuses than during initial joint sessions. These changes in mediation practice lead to questions about whether initial joint sessions still provide the benefits historically attributed to them and whether initial caucuses now provide not only the benefits specifically ascribed to them but also the benefits typically associated with initial joint sessions. The present Article addresses these questions while taking into consideration differences in case and mediator characteristics as well as the extent of discussions in each setting. The findings are based on the survey responses of over 1,000 mediators in general civil and family cases across eight states. There were differences between cases that began mediation in joint session versus in caucus in several intermediate outcomes associated with the initial session, especially in civil cases, but few differences in final outcomes between cases where the disputants spent some versus no time together during the entire mediation. However, for the most part the differences disappeared or were reduced after we statistically adjusted for the extent of substantive discussions among the mediator, the disputants, and the lawyers as well as several case and mediator characteristics. Thus, the outcome differences largely appear to be explained by differences in the extent of discussions that occur during the initial mediation session as well as differences in case characteristics rather than simply by whether the disputants are together or apart during the mediation. The findings do not support some common assertions about the relative benefits of initial joint sessions and initial caucuses or the benefits of the parties being together for some time during the mediation, but they do provide evidence for the informational and relational benefits of mediation more generally. [ABSTRACT FROM AUTHOR]

This article examines why Germany still relies on fax machines for business communication, despite the government 's digitalisation agenda. It explores the legal, cultural and practicalfactors that hinder the adoption of more modern and secure alternatives and some of the challenges for the legal profession. The article offers suggestions on possible ways to overcome these barriers andfoster digital transformation, certainly for the legal profession, in Germany. [ABSTRACT FROM AUTHOR]

The article focuses on various aspects of civil discourse, including the importance of genuine motivation, reasoning through differences, and engaging in respectful and thoughtful dialogue, as exemplified by Judge Kent Jordan's lecture at Fordham University School of Law.

This article discusses the failures of the Guantanamo Bay military commissions and explores ways to avoid similar mistakes in future military commissions. It highlights the history of U.S. military commissions and the establishment of the Guantanamo commissions. The article assesses the performance of the Guantanamo commissions, including external problems, structural causes of failure, and specific case studies. It then proposes solutions for future commissions, such as ending capital referrals, civilianizing the judiciary, empowering the convening authority, equalizing defense resources, and improving procedural frameworks. The article emphasizes the importance of upholding American values and principles in the pursuit of justice. [Extracted from the article]

Mass tort multidistrict litigations (MDLs) involving thousands of claims present the judge with unique management issues. The MDL statute, in its scant two pages enacted in 1968, offers no guidance for the proper handling of these issues, and the Federal Rules of Civil Procedure speak to these issues only very generally through Rules 16 and 42. Thus, MDL judges have often invoked their "inherent powers as authority when they take certain actions with significant implications for the parties and their attorneys. Not surprisingly, several of these actions and their underlying justifications have been controversial: (a) appointing lead attorneys; (b) ordering that these attorneys be compensated through a "common benefit" assessment on the recoveries of certain clients in the litigation; (c) reducing the total contractual fees that plaintiffs agree to pay their individually retained counsel; and (d) reviewing private settlement agreements. Professors Robert Pushaw and Charles Silver have recently offered the most thorough analysis to date of judges' assertions of their inherent powers when managing MDLs and have concluded that the courts' inherent powers do not properly extend to any of these four actions. In this Article, I critically examine the arguments put forward by Pushaw and Silver. Offering my own analysis within theirinherent powers framework, I agree with Pushaw and Silver's conclusion that the inherent powers of the federal courts do not properly extend to reducing the total contractual fees that plaintijfs agree to pay their individually retained counsel or to reviewing private settlement agreements. However, I find unpersuasive their analysis regarding the appointment and compensation of MDL leadership attorneys. I conclude that MDL courts do have authority to appoint lead attorneys and to order that these attorneys be compensated through a common benefit assessment on the recoveries of certain clients in the litigation. [ABSTRACT FROM AUTHOR]

The article explores the lessons that lawyers can learn from the TV show "Succession" about dysfunctional family businesses. It discusses the challenges faced by family businesses, such as lack of purpose, control, and effective governance, and emphasizes the importance of family harmony and managing both business and family dynamics. The article suggests that lawyers can play a crucial role in helping family businesses navigate these challenges and protect their interests. It also discusses various aspects of family-owned businesses, including ownership, governance, succession planning, and the integration of wealth management and corporate law perspectives. The article concludes by acknowledging that while "Succession" portrays dysfunctional family businesses, there are many successful family businesses worldwide, and lawyers who understand their unique needs can provide valuable support. [Extracted from the article]

The article explores the challenges of teaching ethics rules in professional responsibilities courses, specifically focusing on solicitation and third-party payment. It uses scenes from the TV show "Succession" to illustrate ethical dilemmas and engage students in discussions. The article emphasizes the importance of understanding and internalizing these rules to protect clients' interests and maintain the reputation of the legal profession. It also raises questions about ethical issues in attorney-client relationships, such as conflicts of interest and violations of professional conduct rules. [Extracted from the article]

The Honourable Margaret Stone AO FAAL was a scholar, academic, teacher, practitioner, Judge, Inspector-General of Intelligence and Security, leader and mentor. Throughout her career she taught, advised and adjudicated on matters that spanned the breadth of Australian law. In the inaugural Margaret Stone Lecture, Justice Michelle Gordon AC reflects on Margaret Stone's life in the law. The Lecture explores Margaret Stone's profound contribution to Australian property law, an area which she once observed "fascinated" because of its history and development, and because of how it challenges "how we think about law". The Lecture is a celebration of how Margaret Stone thought and the lasting impact of that thinking. [ABSTRACT FROM AUTHOR]

This study examines lawyers working in the federal appellate courts who represent immigrants seeking relief from deportation. By analyzing over 23,000 appellate cases during the Trump and Obama Administrations, the research here uncovers crucial findings. To begin, there was a statistically significant difference in the win rates of lawyers working pro bono and coming from the largest and most profitable corporate “Big Law” firms compared to lawyers based in other, typically more specialized immigration practice settings. Specifically, during the Trump Administration, Big Law lawyers won at nearly three times higher a rate than non-Big Law lawyers in the federal appellate courts. During the Obama Administration, Big Law lawyers won over three times more often. To supplement these quantitative results, interviews with Big Law and non-Big Law lawyers were conducted. As this study makes clear, it is not that those from Big Law firms are necessarily smarter or better at understanding immigration than non-Big Law practitioners. Indeed, there are certainly those lawyers in the latter cohort who do well in the appellate courts. Still, because of their enormous resource advantages, Big Law lawyers, on average, perform better because they have the luxury of selecting cases they believe are more likely to win. Additionally, Big Law firms have appellate specialists. They also have available personnel who can readily assist on these cases, as well as access to diverse research technologies and a keen familiarity with the federal courts’ norms—all of which are vital in preparing Big Law lawyers during the appeals process. Of course, Big Law firms are only involved in a fraction of federal appellate deportation cases. Nevertheless, their relatively high win rate, and the reasons behind it, have serious implications for how immigrants who do not have this type of representation are able to obtain justice. Otherwise put, Big Law’s greater success rates sadly perpetuate the already existing inequalities within our immigration system and highlight the unfortunate reality that firms with resources are able to procure advantages and benefits that others may not be able to enjoy. [ABSTRACT FROM AUTHOR]

Do lawyers have an ethical duty to cultivate client trust? Sociologist Matthew Clair's ethnographic study of the Boston-area court system, Being a Disadvantaged Defendant: Mistrust and Resistance in Attorney-Client Interactions, focuses on the ways criminal defendants engage with, withdraw from, and resist attorney-client interactions. Composed of Clair's observations and analysis, along with the actual words of clients and attorneys, it is a powerful--if somewhat unusual--addition to the professional responsibility (PR) curriculum for the professor looking to incorporate social science research on race and class into the law curriculum, and to inspire in-class discussions beyond the Model Rules of Professional Conduct. Clair's article offers opportunities to discuss both traditional legal ethics subject matter like the allocation of authority and communication in the attorney-client relationship, as well as complex topics too often neglected in the PR curriculum, like the role of race and class in said relationships. This Article, coauthored by a professor and student, discusses the whys, hows, and lasting impact of using Mistrust and Resistance as an assigned reading in a course on professional responsibility. After discussing the pedagogical justifications for including Clair's article in the course and practical considerations about how and when to assign it, the Article then describes student, professor, and guest speaker reactions to Mistrust and Resistance. This Article--like any good professional responsibility class--attempts to connect professional identity formation, the value of students' practical experience, quality of client experience, bias, and public perceptions of the legal profession to better understand the ethical duties facing attorneys. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Historia Americana y Argentina is the property of Universidad Nacional de Cuyo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Bibliotheksdienst is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper focuses on the impact that artificial intelligence has had on the practice of law and ethics rules. In some respects, the ethics rules, comments, and continuing legal education requirements incorporate knowledge of technology into the duty of attorney competence. After offering a primer on artificial intelligence and attorney ethics, the paper discusses certain proposals for revising the ethics rules, comments, and continuing legal education requirements. [ABSTRACT FROM AUTHOR]

Advance care planning is used by adults to express value-based preferences for informing future care and treatment decisions following their loss of decision-making capacity. It is a means for ascertaining previous preferences about types of care and treatment as well as wider concerns. In English law, advance care planning incorporates advance decisions to refuse treatment, statements of wishes and, more recently, the appointment of attorneys who act under the authority of a Lasting Power of Attorney for health and welfare. This article considers these mechanisms together with some of their merits and potential shortcomings. It also considers whether other approaches, such as advance consent, might be a useful addition. Ultimately, it argues that used in isolation the current options are insufficient on legal and pragmatic grounds, albeit for different reasons. For persons with a strong sense of their personal treatment and care preferences following their loss of decision-making capacity, a combined and synergistic approach is recommended. [ABSTRACT FROM AUTHOR]

The article discusses the popular television series Succession and its relevance to the field of law. Although the show is not primarily focused on legal issues, a group of lawyers and law professors came together to analyze and discuss the show's themes and plot developments. The article highlights various essays written by these legal scholars, which explore the show's potential applications in law school classrooms and its connections to corporate law, literature, and society. The authors express their gratitude to the contributors and the university for supporting the project. [Extracted from the article]

The article explores the unitary executive theory's implications for presidential power, focusing on different versions of the theory. It examines whether the President can substitute their judgment for subordinates, nullify their decisions, or simply remove them at will. The Office of Legal Counsel's stance on the President's control over disseminating government information is highlighted.

Copyright of Ankara Barosu Dergileri is the property of Ankara Bar Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The document titled "THE WRITING ON THE WALL: A PROPOSAL FOR REFORM OF THE OFFICE OF LEGAL COUNSEL IN THE WAKE OF THE TRUMP ADMINISTRATION'S BORDER WALL" discusses the need for reform within the Office of Legal Counsel (OLC) following the Trump administration's border wall project. The author argues that the OLC's legal opinions during this time were flawed and lacked transparency, leading to questionable decision-making. The proposal suggests implementing reforms such as increased accountability, transparency, and diversity within the OLC to prevent similar issues in the future. [Extracted from the article]

Advance Care Planning (ACP) relates to the process of thinking about, discussing, and potentially documenting future wishes and preferences relating to personal and health matters. Existing literature has explored ACP from the perspective of health care professionals and older people. However, data exploring the broader process of Advance Personal Planning (APP), which also accounts for plans relating to legal and financial matters, are limited. This article reports on an interview study that explored barriers to APP engagement, factors influencing the quality and future use of instruments, and opportunities for improving APP processes for older adults from the perspectives of key informants working in the fields of law, health, and aged care. Data were coded in NVivo and analysed thematically. Opportunities for improvement include education, normalising conversations, integration into usual practice, and reform. Recommendations are made at professional, community, and structural levels, with the aim of improving APP outcomes for all involved. [ABSTRACT FROM AUTHOR]