ABA Journal 1996 - Abstracts

ABA Journal 1996
TitleSubjectAuthors
A breather on the Takings Clause: Supreme Court declines to hear property cases, legislatures stepping in.LawJames W. Ely Jr.
A commercial venture: supporters portray business courts as white knights rescuing overburdened justice system.LawMargaret M. Eckenbrecht
Advertising legal wars heating up; lawsuits filed over pitches for long-lasting antacid, quick-baking toy ovens.LawJeff Barge
Affirmative inaction; some minority law firms report a decline in business.LawDebra Cassens Moss, Richard C. Reuben
Alcoholic lawyers: are they being coddled by attorney discipline systems? Yes: the recovery excuse is too often abused.LawHamilton P. Fox III
A Marine 'sabbatical': lawyer-reservist hopes to oversee U.S. practice by modem while working on Bosnian legal matters. (Dallas, Texas attorney Grant Seabolt)LawGeoffrey A. Campbell
A new hallmark for integrity; with a stricter ethics code for a voluntary bar, public trust can only grow.LawWesley P. Hackett Jr.
Balancing prudence and risk; under ERISA, pension plan investors must focus on participants' goals.LawC. Frederick Reish, David R. Levin, James E. Moore
Bent on original intent; Justice Thomas is asserting a distinct and cohesive vision. (Clarence Thomas)LawChristopher E. Smith
Beyond the bottom line; to regain the public's trust, lawyers need to work for the common good.LawWalter H. Beckham III
Caution no exemptions. (lawyers not exempt from jury duty)LawStephanie B. Goldberg
Cigarette makers race attorneys general to court: industry suits aimed at stopping expected litigation.LawLaura Duncan
Clearing up before moving on: conflicts of interest increase complications when switching firms.LawJoanne Pelton Pitulla
Clients are consumers, too; competent, efficient lawyering makes for good business practice.LawPeter A. Joy
Closing a war. (Los Angeles real estate attorney Tom Hanley's participation in Bosnian peace agreement)LawDi Mari Ricker
Coming of age: Having forever changed the profession by their numbers and diversity, baby boomers can look to running their firms and even (gasp!) retirement.(Cover Story)LawDeborah Graham
Courts now out of job as jailers; new law to end prison oversight applauded by state attorneys general. (Prison Litigation Reform Act)LawJoseph Wharton
Crisis of competence: capacity to execute wills is tenuous for victims of Alzheimer's disease.LawRobert P. Friedland, James J. McMonagle
DNA, changed testimony gain acquittal; special prosecutor, FBI investigating controversial Illinois murder prosecution.LawGera-Lind Kolarik
Examining medical records: how to know what is said when you read what the doctor wrote.LawElliott B. Oppenheim
Fighting over a good education: quality of schools can be a key factor in the outcome of custody cases.LawEllen J. Effron
Foreseeability in a fog: uncertainty over pre-existing duties can undermine contracts.LawMartin E. Segal
Friends with agendas: amicus curiae briefs may be more popular than persuasive.LawAlexander J. Wohl
Frugal firms cut recruiting costs: interviewess, lavishly wooed in the '80s, are now often stuck with travel tab.LawBarbara B. Buchholz
Getting a fix on fees: computers chip away at hourly billing in real estate matters.LawKevin L. Shepard
Getting up to speed on net law: opening an Internet site involves some traditional legal considerations.LawMark Kaminky
Hiring without a net; firms need to check coverage on new attorneys with old lawsuits.LawKirk R. Hall
In praise of footnotes; the small type at the bottom of judicial opinions is prompting a big debate.LawEdward R. Becker
Insuring good faith: disputes over settling cases can give rise to claims against insurers.LawLia B. Royle
It is too drastic a change with too many unknowns. (The Flat Tax: Is It an Idea Whose Time Has Come?)LawN. Jerold Cohen
It is well-tested and fairer than you think. (The Flat Tax: Is It An Idea Whose Time Has Come?)LawRobert Hall
Job interview can bring ADA liability: revised EEOC guidelines help employers avoid improper disability questions. (Americans with Disabilities Act)LawJeff Barge
Judging Leon Higginbotham: a racial conscience for America is back in the ring. (former federal judge has left the bench to have freedom as a social critic)LawLincoln Caplan
Keeper of the green: just as his father went after organized crime, Robert Kennedy Jr. is waging war on polluters ... and winning.LawSuzanne Rene Possehl
LSC setbacks offer new opportunities; volunteers and private contributions can help the poor attain equal justice. (Legal Services Corp.)LawJohn D. Robb
Making the grade; Ohio regents tie state law school subsidies to scholastic achievements of incoming students.LawLaurel-Ann Dooley
Meet needs with nonlawyers: it is time to accept lay practitioners - and regulate them.LawDeborah L. Rhode
More lawyers are a plus: market forces will lead to better-qualified law school grads, affordable fees.LawMurray Singerman
'My lawyer sent me flowers:' personal touches, extra efforts and thoughtfulness can be unexpected roads to client satisfaction and loyalty.LawDi Marie Ricker
Navigating partnership perils; many firms choose LLPs and LLCs as a preferred, though hazardous, course.LawJoseph P. McMonigle, Sherri J. Conrad, Jennifer Wong Suzuki
New crime and punishment: Russia is fighting thugs and con artists with new laws. But is that enough?LawSuzanne Possehl
New laws put kids first; reforms stress protection over preserving families.LawAlexandra Dylan Lowe
No: a business has a right to choose its own character.LawPatricia A. Casey
No: all opinions are not entitled to equal air time.(National Public Radio: Is a Decision to Cancel Scheduled Commentaries Censorship?)LawJay P. Lefkowitz
Nobody's victim: Sarah Buel left an abusive partner to save her life. Since then, she's been saving others. (former abused wife who went to Harvard Law School and became a Massachusetts prosecutor) (includes related articles on domestic abuse intervention programs in various cities and by corporations)LawStephanie B. Goldberg
No: court bulletin boards pose no threat to quality. (Universal Citation Systems: Will Tinkering with the Future Be the End of Reliable, Standardized Opinions?)LawGary Sherman
No: grandstanding does not offer a solution. (Domestic Violence: Should Victims Be Forced to Testify Against Their Will?)LawAnita K. Blair
Nonlawyers should not practice; nothing can substitute for the professional skills and values of a lawyer.LawRobert L. Ostertag
No: public service programs are nothing like slavery.(Community Service: Do Mandatory Service Requirements for Students Violate Their Rights?)LawDennis D. Hirsch
No retreat in retirement: liability claims may shadow lawyers who change practice status.LawKirsten L. Christophe
No: selective enforcement targets 'unpopular' men. (Statutory Rape Laws: Does It Make Sense to Enforce Them in an Increasingly Permissive Society?)LawRichard Delgado
No: the costs would be too high. (Victims' Rights: Do We Need a Constitutional Amendment to Ensure Fair Treatment?)LawLarry W. Yackle
No: the state has a compelling interest. (Individual Rights: Is the Prosecution of 'Fetal Endangerment' Illegitimate?)LawNancy Grace
No: we must acknowledge the problem to fight it. (Alcoholic Lawyers: Are They Being Coddled by Attorney Discipline Systems?)LawMichael J. Crowley
No: witch-hunts for leakers hamper the press. (Prosecutorial Leaks: Are We Compromising Defendants' Rights in the Name of the First Amendment?)LawTimothy B. Dyk
No: you can't have excellence without equality. (Equality: Do the Concepts of Our Legal System Hinder Efforts to Achieve a Meritocracy?)LawMark V. Tushnet
Packing heat; the sign of the future may be 'please check your gun at the door.'LawRichard Dahl
Please release me; there is no easy way around malpractice liability.LawJoanne Pelton Pitulla
Pro bono aid needed now more than ever.LawJim T. Priest
Reap what you sow: lawyer ethics could benefit from an application of Proverbs.LawGordon J. Beggs
Recycling the American dream: many people talk about simplifying their lives. These lawyers are not only doing it, but are making it part of their practices.LawRita Henley Jensen
Running bases, winning cases; why the grand old game of baseball is much like the legal profession.LawMargret G. Robb
Separate but equal revisited; the court weighs whether state-supported military schools may bar women.LawKathryn R. Urbonya
Settling the score; good negotiation skills pave the way for better settlements.LawPortor Goltz
Share the pain, share the gain. (linking results with payment for lawyers)LawRichard Dahl
Something in the genes: EEOC takes steps to forestall discrimination for predisposition to illness.LawDee Lord
Study: business booms after tort reform enacted: authors admit other factors may affect productivity.LawGeoffrey A. Campbell
Successful lawyers pay the price; many in the profession today work more, earn more, but enjoy it less.LawWilliam H. Rehnquist
Taking bias to task; while many say discrimination still exists in the nation's courts, some question whether groups studying it are doing any good.LawPamela Coyle
Taking the heat: judges in Eastern Europe are struggling against still-repressive regimes to uphold the rule of law.LawHerman Schwartz
The law according to Barefoot Bob; cyberpatriots have their own 'vision' of the Constitution on the Internet.LawWilliam C. Smith
The look of a winner. (1996 ABA Journal Office Design Competition)LawBarbara B. Buchholz
The price of speaking out; Americans expressing views on public issues increasingly face lawsuits brought by adversaries. But now they are fighting back with legislation and lawsuits of their own. (strategic-lawsuits-against-public-participation)LawAlexandra Dylan Lowe
The right amount of coverage: taking inventory of risks helps determine malpractice insurance limits.LawDuke Nordlinger Stern
The UCC gets another rewrite; just when you thought you really knew the Uniform Commercial Code, almost every article is undergoing major changes in a major revision.LawJean Braucher
The ultimate specialists: physician-attorneys often wear two hats at once - running dual practices or crafting solutions to complex medicolegal issues. (includes related article on concurrent M.D.-J.D. programs)LawDeborah L. Shelton
The view from the minors; the legal profession can protect children in domestic relations cases more effectively if it sees the process through their eyes, explains this year's winner. (the 1996 Ross Essay, an annual writing contest on law-related topics)LawLee M. Robinson
Through a glass darkly; John Grisham and Scott Turow lay down the law for millions of Americans. Just what is it they're trying to tell us.LawTerry K. Diggs
Translating the letter of the law; court's focus on interpretation brings surprising results in criminal cases.LawL. Anita Richardson
Uncovering the hidden tort: domestic violence may provide grounds for civil action against abusers.LawFredrica L. Lehrman
What every lawyer needs to know. (things a general lawyer should know about various much-litigated areas of the law)LawJoseph Wharton
What Sylvia Law, Jonathan Pazer and David Glass confront when they read or write. So how could anyone with dyslexia ever succeed as a lawyer?LawPamela Coyle
When disabled really means not able; past claims information can defeat workers in ADA suits against employers.LawPeter N. Cultice
When doing deals is risky; don't get involved in a client's business unless you're prepared to cover losses.LawE. Gregory Martin, Michael G. Martin
When duty calls long distance; local counsel are also vulnerable in malpractice suits against lead attorneys.LawLucille T. Sgaglione
Who's in charge? No easy answers in representing the mentally incompetent client.LawJoanne P. Pitulla
Why play-by-play coverage strikes out for lawyers.LawLincoln Caplan
Yes: discrimination helps companies trade on women's sexuality. (Sex Discrimination: Does Refusing to Hire Men as Food Servers Violate the Civil Rights Act?)LawMary Becker
Yes: forced 'volunteerism' defeats the purpose.(Community Service: Do Mandatory Service Requirements for Students Violate Their Rights?)LawScott Bullock
Yes: it's time to declare war on spouse abuse. (Domestic Violence: Should Victims be Forced to Testify Against Their Will?)LawRaoul Felder
Yes: keep committees out and let market forces work. (Universal Citation Systems: Will Tinkering with the Future Be the End of Reliable, Standardized Opinions?)LawRobert C. Berring
Yes: prosecutors must not act as legislators. (Individual Rights: Is the Prosecution of 'Fetal Endangerment' Illegitimate?)LawTimothy Lynch
Yes: swift action is needed - not apology. (Prosecutorial Leaks: Are We Compromising Defendants' Rights in the Name of the First Amendment?)LawNeal R. Sonnett
Yes: the passion for equality denigrates American life. (Equality: Do the Concepts of Our Legal System Hinder Efforts to Achieve a Meritocracy?)LawRobert H. Bork
Yes: there is a duty to air a variety of viewpoints.(National Public Radio: Is a Decision to Cancel Scheduled Commentaries Censorship?)LawDebra Katz
Yes: the risk of psychological harm to girls is too great. (Statutory Rape Laws: Does It Make Sense to Enforce Them in an Increasingly Permissive Society?)LawMichelle Oberman
Yes: victims deserve justice no less than defendants. (Victims' Rights: Do We Need a Constitutional Amendment to Ensure Fair Treatment?)LawJon Kyl, Dianne Feinstein
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