Tag Archives: Jr.

Foreword: Lessons from Thirty Years Ago

On October 29, 1985, seven members of a newly established federal agency met to do what had never been done before: to create a set of national sentencing policies and practices that would apply to federal criminal cases throughout the … Continue reading

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Dealing With Conflicts and Qualification Risks Professionally

A recent article suggests that a perceived increase in tactical disqualification motions, including those based on conflicts of interest, may be illusory. On the other hand, large and small firms have recently found themselves on the receiving end of such … Continue reading

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Reconsidering the Corporate Attorney-Client Privilege: A Response to the Compelled-Voluntary Waiver Paradox

“[T]he [corporate] attorney-client privilege is under attack today as never before.” “Privileged information used to belong to the client; now it apparently belongs to the government.” “[T]he extent of the erosion of privilege protections and the level of concern about … Continue reading

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The Lawlessness of Aggregative Torts

Aggregative torts rely on nontraditional theories of liability in which collective, rather than individual, interests are paramount. All legal rules are to some extent aggregative in that they purport to treat all similarly situated persons alike. But traditionally, in most … Continue reading

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Applicants Laid Bare: the Privacy Economics of University Application Files

So—Princeton University’s admissions staff hacked into Yale University’s application files to get access to personal information about Yale applicants. This unlikely event brings to mind the comprehensiveness of application files—a veritable one-stop-shop for those interested in applicants’ personal information. Just … Continue reading

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Reviving the Nuclear Power Option In The United States: Using Domestic Energy Law To Cure Two Perceptions Of International Law Illegality

This Idea begins an exploration of the relationships between law and policy, and between domestic and international law in the context of climate change, the war in Iraq and the domestic law and policy of the United States on nuclear … Continue reading

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A Former Alabama Appellate Judge’s Perspective On The Mitigation Function In Capital Cases (PDF)

I have reviewed the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases (“Supplementary Guidelines”) from the perspective of a former presiding judge of the Alabama Court of Criminal Appeals who has retired from the bench … Continue reading

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Legal Ethics and Collaborative Practice Ethics

Collaborative Practice (“CP”) is an important new process for the resolution of legal disputes. It emerged in the early 1990s as a response by legal, financial, and mental health professionals who had grave concerns about the impact of traditional divorce … Continue reading

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