Oregon Law Review : Vol. 86, No. 2 (2007)https://scholarsbank.uoregon.edu/xmlui/handle/1794/66152024-03-29T09:44:33Z2024-03-29T09:44:33ZOregon Law Review : Vol. 86 No. 4, p. 1017-1097 : Truth, Deterrence, and the Impeachment ExceptionKainen, James L.https://scholarsbank.uoregon.edu/xmlui/handle/1794/77192015-06-17T22:26:14Z2008-01-01T00:00:00ZOregon Law Review : Vol. 86 No. 4, p. 1017-1097 : Truth, Deterrence, and the Impeachment Exception
Kainen, James L.
78 p.
2008-01-01T00:00:00ZOregon Law Review : Vol. 86 No. 4, p. 973-1016 : The Path of Corporate Law: Of Options Backdating, Derivative Suits, and the Business Judgment RuleMorrissey, Daniel J.https://scholarsbank.uoregon.edu/xmlui/handle/1794/77182015-06-17T22:22:54Z2008-01-01T00:00:00ZOregon Law Review : Vol. 86 No. 4, p. 973-1016 : The Path of Corporate Law: Of Options Backdating, Derivative Suits, and the Business Judgment Rule
Morrissey, Daniel J.
[W]ith the record of corporate executive wrongdoing at
dramatic levels, the government is concerned about giving
corporate executives more leeway and making litigation
against them more difficult. With Wall Street bonuses in the
$40 billion range, Mr. Paulson is worried that Wall Streeters
are not treated well enough. With executive's pay in the
stratosphere, not even counting what they steal in options, the
government is worried that things are too tough for them.
44 p.
2008-01-01T00:00:00ZOregon Law Review : Vol. 86 No. 2, p. 329-321 : The NCAA in Its Second Century: Defender of Amateurism or Antitrust Recidivist?Lazaroff, Daniel E.https://scholarsbank.uoregon.edu/xmlui/handle/1794/69812010-03-25T18:59:05Z2007-01-01T00:00:00ZOregon Law Review : Vol. 86 No. 2, p. 329-321 : The NCAA in Its Second Century: Defender of Amateurism or Antitrust Recidivist?
Lazaroff, Daniel E.
This Article begins with a brief description of the
development of the NCAA and its emergence as the preeminent
regulator of intercollegiate athletics. Part II discusses the
antitrust litigation challenging various NCAA rules and
regulations and the creation of a dichotomous antitrust analysis
that separates restraints on athletes from other commercial trade
restrictions in the context of amateur sports. Part III then
deconstructs and criticizes this bifurcated approach, arguing that
the conventional analysis is flawed and archaic given the
economic realities of contemporary NCAA competition. Part
IV offers some alternative approaches to the issues, including a
somewhat different application of antitrust principles as well as
possible legislative considerations.
43 p.
2007-01-01T00:00:00ZOregon Law Review : Vol. 86 No. 2, p. 295-327 : The Year of Truman Capote: Legal Ethics and In Cold BloodCaudill, Davidhttps://scholarsbank.uoregon.edu/xmlui/handle/1794/69802010-03-25T15:50:19Z2007-01-01T00:00:00ZOregon Law Review : Vol. 86 No. 2, p. 295-327 : The Year of Truman Capote: Legal Ethics and In Cold Blood
Caudill, David
The purpose of this study is to use Capote’s In Cold Blood as
a point of reflection on several ethical obligations of lawyers. In
Part I, I focus on Capote’s accounts of the prosecution’s use of
expert witnesses, and his suggestion that defense counsel were
(i) unable or unwilling to deal with their personal conflicts of
interest and (ii) incompetent, the latter of which became the
subject of disciplinary investigations and federal court review. In
terms of the duties of an advocate, Capote sees the prosecution
as going too far, and the defense as failing to go far enough. In
Part II, I turn to the ethical limitations on lawyers as storytellers,
focusing on opening and closing arguments at trial. While it
would seem to be unethical to fail to tell a client’s story as
dramatically as possible, there is always a risk of turning fact into
fiction. I conclude in Part III that Capote’s nonfiction novel, and
the circumstances surrounding its writing, provide valuable
ethical insights for students and practitioners concerning the
goals and limits of trial advocacy.
33 p.
2007-01-01T00:00:00Z