Jones Law Review articles from September 2007

Jones Law Review archives from September 2007

Our dirty little secret recording: a history and critique of ethical rules regarding lawyers secretly recording conversations.
September 22, 2007... I. INTRODUCTION What do Scott Peterson's girlfriend, Lynda Tripp, Richard Nixon, and Jeanine Pirro all have in common? All were participants in scandals which involved the secret recording of conversations. (1) The Pirro scandal is the...

Can Jiminy Cricket be silenced? Congressional spending powers, federalism, and the federal refusal clause.
September 22, 2007... "Now remember, Pinocchio, be a good boy. And always let your conscience be your guide." (1) I. INTRODUCTION The concept of a universal right of conscience forms an important aspect of the liberties upheld and guaranteed within the...

Regulating capital markets: competition, harmonization and cooperation - a theoretical inquiry.
September 22, 2007... INTRODUCTION International financial transactions have increased dramatically over the last twenty years. (1) Cross-border activities among G7 nations, in the bond and equity markets alone, rose from less than 10 percent of gross domestic...

Equal Access to Justice Act cuts off equal access for social security claimants.
September 22, 2007... INTRODUCTION Directly paying a claimant the attorney fees awarded under the Equal Access to Justice Act (EAJA) (1) deprives Social Security claimants' access to the courts. In Reeves v. Barnhart, the United States District Court for the...

Trott v. Brinks and reimbursement: why Alabama's third-party statute should be amended.
September 22, 2007... INTRODUCTION In Trott v. Brinks, Inc., the Alabama Supreme Court held that a workers' compensation insurer was not entitled to subrogation of medical benefits in a third-party wrongful-death suit because the deceased employee's estate was...

A policy decision in the high court: how global warming eroded the standing requirement: Massachusetts v. EPA.
September 22, 2007... INTRODUCTION A litigant must be properly situated to be entitled to a judicial determination based on the merits of his claim. To have standing, the litigant must demonstrate an actual or imminent concrete and particularized injury that is...