05/12/08

57 (No. 3) CASE WESTERN RESERVE LAW REVIEW, SPRING 2007

• Deal, William E., Reflections in Honor of Bob Lawry.

• Durchslag, Melvyn R., Robert P. Lawry: Intellectual, Raconteur, Gentleman, and True Friend.

• Entin, Jonathan L., Robert P. Lawry: Colleague and Friend.

• McMunigal, Kevin, Tribute to Professor Robert Lawry.

• Symposium: Prosecutorial Ethics and the Right to a Fair Trial: The Role of the Brady Rule in the Modern Criminal Justice System
  • Katz, Lewis R., Introduction.

  • Gershman, Bennett L., Litigating Brady v. Maryland: Games Prosecutors Play.

  • Benza. Michael J., Commentary: Brady, Brady, Wherefore Art Thou Brady?

  • Burke, Alafair, Commentary: Brady’s Brainteaser: The Accidental Prosecutor and Cognitive Bias.

  • Douglass, John G., Can Prosecutors Bluff? Brady v. Maryland and Plea Bargaining.

  • Gianelli, Paul C., Brady and Jailhouse Snitches.

  • Dettelbach, Steven M., Commentary: Brady from the Prosecutor’s Perspective.

  • Joy, Peter A., Brady and Jailhouse Informants: Responding to Injustice.

  • McMunigal, Kevin C., Guilty Pleas, Brady Disclosure, and Wrongful Convictions.

• Notes & Comments:
  • Yazback, Shadya, School Financing in Ohio Yesterday, Today and Tomorrow: Searching for a “Thorough and Efficient” System of Public Schools.

  • Spencer, George Edward, Interpreting the New Rule 609(A)(2).

    
    

• Palmieri, Frank, Deferred Compensation Programs under Section 409a and the Final Regulations.

• Calianno, Joseph & Alan Granwell, IRS Acknowledges 30 Day Exception.

• Rizzi, Robert A., Corporate Organizations and Reorganizations.

• Bailine, Richard W., Private Letter Rulings.

• Stratton, Bart, Consolidated Returns.

• Kochman, Neal & Smiley, Stafford, International Developments.

• Acharya, Narendra, Compensation & Fringe Benefits.

  
  

• Westhoff, Michele, Gene Patents: Ethical Dilemmas and Possible Solutions.

• McNeil, Eric M., The Redesigned Form 990-Key Issues for Tax-Exempt Healthcare Organizations to Consider Today.

• Ritter, Ann & Hansen-Turton, Tine, The Primary Care Paradigm Shift: An Overview of the State-Level Legal Framework Governing Nurse Practitioner Practice.

• Martin, Renee H., Patient Safety and Quality Improvement Act of 2005 Proposed Regulations Issued by DHHS.

• Greenberg, Warren, Employer-Based Health Insurance at the End of the Line?

  
  

• Richards, John, Patent Protection for Inventions Involving Newly Found Biochemical Mechanisms.

  
  

• Towers, Russell E., Leveraging ILITs with Taxable Gifts versus Private Split-Dollar Loans: To Pay or Not to Pay Gift Taxes, That Is the Question.

• Brinker, Thomas M., The Reappearance of a Familiar Tax Savings Opportunity: Combining Section 179, Bonus Depreciation, and Regular Depreciation under the Economic Stimulus Act of 2008.

• Larson, Robert B. & Larson, Stephen J., The Disadvantages of Not Being Married: What Financial Planners Should Know.

• Rose, Clarence C., An Examination of Delaying Social Security Retirement Benefits.

• Reardon, Dennis, Charitable Remainder Trusts Present Deferral Opportunities.

• Brinker, Thomas M., Is an Alternative Minimum Tax Resolution on the Horizon? Or Will the AMT Continue to Mean “Add More Tax”?

• Madray, J. Russell, The Trend toward Fair Value Accounting.

• Surz, Ron, Differentiating among Target Date Lifecycle Funds.

• Duska, Ronald F. & Ragatz, Julie Anne, Shakespeare’s King Lear: Looking for an Estate Planner.

• Schneider, Paul, IRS Provides Guidance on Correction Methods for Some Operational Failures under Section 409A.

• Timmermann, Sandra, The Class of 1968: The Oldest Boomers at Age 62.

• Brenner, Bryan K., Create Values-Based Communications to Enhance Success of Employee Health Plans.

• Lynch, J. Timothy, The More Things Change, the More Life Insurance Remains the Same.

• Boseman, Glenn, Effective Leadership in a Changing World.

• Caudill, April K., Care and Feeding of Life Insurance in Qualified Plans: Part II.

  
  

• Lento, Rochelle, Are We Closer to an Affordable Housing Policy in This Country?

• Cummings, Scott L., The Emergence of Community Benefits Agreements.

• Ho, William, Community Benefits Agreements: Definitions, Values, and Legal Enforceability.

• Cummings, Scott L., Mobilization Lawyering: Community Economic Development in the Figueroa Corridor.

• Beach, Benjamin S., Strategies and Lessons from the Los Angeles Community Benefits Experience.

• Salkin, Patricia E. & Lavine, Amy, Negotiating for Social Justice and the Promise of Community Benefits Agreements: Case Studies of Current and Developing Agreements.

• Bechtel, Debra A., Forming Entities to Negotiate Community Benefits Agreements.

• Alexander, Lisa T., A Sociological History of Public Housing Reform in Chicago.

  
  

• Schlesinger, Michael, Practical Estate Planning Strategies for S Corporations.

• Gassman, Alan S., et al., The Estate Planner’s Guide to New Parent F Reorganizations.

• Baskies, Jeffrey A., Florida Homestead Laws Present Malpractice Traps for the Unwary.

• Jacobson, David C., Trustees May Prudently Invest in Financial Derivatives.

• Madden, Robert E., et al., S.Ct. Holds Trust Investment Advisory Fees Subject to 2% Floor/ Charitable Deduction Increased by Formula Disclaimer/ Estate Tax Deduction for QFOBI denied.

• Volkmer, Ronald R., Termination and Modification of Trusts/ Trust Failed Due to Mistake in Creation/ Default Takers under a Trust/ Transfer in Fraud of Marital Rights/ Enforcing Restrictions in Gifts to Charity.

• Zaritsky, Howard M., Estate Tax Apportionment Creates Problems for Estate of Kentucky Fried Chicken Widow.

  
  

• Dolin, Jason M. & Distelhorst, Clinical experience essential part of legal education.

• Rogers, The Carnegie Report: a role for the legal profession.

• Romero, Joshua, One man’s passion for justice and the law.

  
  

• Rains, Robert E., What the Erie “Surrogate Triplets” Can Teach State Legislatures about the Need to Enact Article 8 of the Uniform Parentage Act (2000).

• Chung, John J., Promissory Estoppel and the Protection of Interpersonal Trust.

• Maltz, Earl M., Slavery, Federalism, and the Constitution: Abelman v. Booth and the Struggle over Fugitive Slaves.

• Rosenberg, Arnold S., Motivational Law.

• Notes:
  • Osburn, Alexis, Immunizing Against Addiction: The Argument for Incorporating Emerging Anti-Addiction Vaccines into Existing Compulsory Immunization Statutes.

  • Samsa, Matthew J., Reclaiming Abandoned Properties: Using Public Nuisance Suits and Land Banks to Pursue Economic Redevelopment.

    
    

• Thomas, Cara L., Butt Out! Controlling Environmental Tobacco Smoke in Condominiums.

• Bernhardt, Brian C., The Tax Increase Prevention and Reconciliation Act of 2005: Avoiding Excise Taxes and Making Proper Disclosures.

• Saltz, Sidney G., The Essentials of Due Diligence.

• Husbands, Joshua E. & Jensen, J. Alan, Split-dollar Life Insurance Funding: You Mean People Still Do That?

• Rikon, Michael, The Perils of Prior Appraisal.

• Nenno, Richard W., The Trust from Hell: Can It Be Moved to a Celestial Jurisdiction?

  
  

• A Voice for the Write: Tips on making your case from a supremely reliable source.

• Making Your Case: The art of persuading judges.

• Learning the Hard Way: Michael Burke lost his freedom and his license to practice. But along the way, he learned some important truths about himself and the law. He’s not alone.

• Plotting against Probate: Efforts by estate planners, courts and legislatures to minimize probate haven’t killed it yet.

• President’s Message: 50th Law Day will be multidisciplinary celebration of the rule of law.

• Executive Director’s Reort: The ABA efforts have real-world consequences across our nation.

• Opening Statements: The J.D.-Hendrix experience, Mickey Sherman unplugged-and more.

• The National Pulse: Internet keyword ads area a billion-dollar business boon, and many may be illegal. Also: Plaintiffs lawyers adapt to class action law-and hunt for congenial circuits.

• Solo Network: Using a one-to-one mentoring approach makes it easier to show summer associates the ropes.

• Supreme Court Report: Business is finding success in federal pre-emption cases.

• Litigation: Expert witnesses are most effective when they tell the story of your case.

• Ethics: New procedural rules for judicial misconduct cases will apply in all federal circuits.

• Corner Office: “Top workplace” lists garner loyalty from both clients and employees.

• Your ABA: ABA Publishing finds that legal best-sellers no longer need ‘how to’ in their titles. Also: After 50 years, Law Day still is vital to building support for justice principles. ABA urges Congress to eliminate disparities in federal sentences for cocaine violations.

• Obiter Dicta: Litigant and lawyer learn the costs of deploying the F-bomb during depositions. Snoozing student sues his heavy-handed teacher.

• Precedents: The U.S. Supreme Court rules in Plessy v. Ferguson.

  
  

• The Lessons of the Am Law 100.

• Behind the Numbers: Noteworthy trends and newsmaking firms.

• Combs, Drew, Stop-Loss: As partners depart, Heller struggles to end the pain.

• Todd, Ross, Goodwin’s Grand Plan: Highly productive lawyers? Check. California’s footprint? Check.

• Sherer, Peter D., The Sky’s the Limit: In 2015, Latham and Skadden will both gross more than $5 billion-or maybe not.

• Bario, David, The Giving Tree? A study of eight merged firms finds that only a few of hte couplings paid off.

05/06/08

24 (No. 2) CORPORATE COUNSEL’S QUARTERLY, APRIL 2008

• Publisher’S Editorial Staff, Best Efforts Clauses.

• Chaloupka, Robert S., Documenting International Piracy Issues.

• Gray, Thomas J. & O’Rourke, Peter, Preventing Employee Trade Secret Misuse from Derailing Your Company.

• Wertz, Jeanne D., Records Retention and Reporting Requirements for Hazardous Waste Generators, Transporters, and Treatment, Storage, and Disposal Facilities under RCRA.

• Chaloupka, Robert S., Basics of Franchising.

• Trademark License Agreement between Sankosha Engineering Co., Ltd. And Alliance Laundry Systems LLC.

• Publisher’s Editorial Staff, Checklist for International Sourcing.

• Telecommuting Policies.

• Publisher’s Editorial Staff, Quarterly Updates:
  • Antitrust Law.

  • Employee Benefits.

  • Employment Law.

  • Environmental Law.

  • Intellectual Property Law.

  • International Law.

  • Securities Law.

    
    

• Noce, Dorothy J. Della, et al., Signposts and Crossroads: A Model for Live Action Mediator Assessment.

• Condlin, Robert J., “Every Day and in Every Way We Are All Becoming Meta and Meta,” or How Communitarian Bargaining Theory Conquered the World (of Bargaining Theory).

• Gillieron, Phillippe, From Face-to-face to Screen-to-Screen: Real Hope of True Fallacy?

• Notes:
  • Fitzgerald, David A., II, Saving Alternative Dispute Resolution in Patent Law: Countering the Effects of the Patent Troll Revolution.

  • Witkin, Nathan, Interest Group Mediation: A Mechanism for Controlling and Improving Congressional Lobbying Practices.

• Recent Developments:
  • Koons Ford of Baltimore, Inc. V. Lobach, 919 A.2d 722 (Md. 2007).

  • Community State Bank v. Strong, 485 F.3d 597 (11th Cir. 2007).

    
    

• Hooper, Ryan P., An Investment and lending Guide to Medicare Risk.

• Onusko, Thomas J., Physician Recruitment under the Phase III Stark Rules.

• Levine, Lisa, Contracting for Morality.

• Haran, Craig T., Survey Says...New York’s Attorney General Strikes an Agreement with Managed Care Organizations for Rating Physicians.

• Eisenberg, Steven A. & Wolin, Robert, The Boomerang Effect: Hospital Employment of Physicians Coming Back Around.

• Eichorn, Philip, Protecting Immigrant Victims of Domestic Abuse.

• Carroll, Heidi R., Preventing and Detecting Healthcare Fraud and Abuse.

• From the Co-President, Hip-Hip-Hooray!

• From the Co-President, An the Award for the Best Supporting Cast Goes To...

• Dealing with Difficult Clients: Coping Strategies and Ethical Considerations.

• Latest Look at Suing Your Customers: The RIAA is Still Out There.

• The Old Lion.

• 2007 Volunteer Lawyers Program Highlights: Building Partnerships, Ensuring Justice.

  
  

• Mearns, Geoffrey S., It’s All about Women...Bar None.

• Puchmeyer, Callista M., You Can Have It All.

• Stockett, Myra Barsoum, Female Attorneys Breaking Barriers in Stride.

• Keating, Amy M., Work of Her Own.

• Petersen, Susan E., Girls Can Do Anything.

• Absi, gayle R., Women in E-Discovery.

• Rowles, Kami Davis, [Not So] Sweet Emotion-Professional Women and the Workplace.

• Citrino, Diane E., The Emergence of Women-Owned Law Firms.

• Grauel, Dawn Rae, Using Networks to Retain and Promote Women to Partnership.

• From the Co-President, Women Lawyers: We Are Humming-Let’s Start Singing.

• From the Co-President, Reflections on Women in the Law.

• Looking Back at Bates v. State Bar Association of Arizona: The Dawn of the Attorney Advertisement.

• How Do You Look at the World?

• Behind the Tab.

• Volunteer Day.

  
  

• Ramirez, Florencio (Larry), Juvenile Delinquency: Current Issues, Best Practices, and Promising Approaches.

• Schaefer, Paula, Girls in the Juvenile Justice System.

• Hines, David J., Restoring Juvenile Justice.

• Pceora, Peter J. & Pecora, Mark A., Challenges and Opportunities in Foster Care.

• Claiborne, Ruth F., et al., Things Every Lawyer Handling an Adoption Should Know.

• Epperson, Barbara, When Parents of Children with Disabilities Divorce.

• Archuleta-Staehlin, Jacquelyn, Representing School Districts in the Area of Special Education.

• Childress, Charles G., The Rights of Children Regarding Medical Treatment.

• Santucci, Alisa, Hope for the Future: The ABA Commission on Youth at Risk.

• Duquette, Donald N., Kiddie Law is Growing Up: Board Certification in Child Welfare Law.

• Burda, Joan M., From the Editor: The Future of Children.

• McLennan, Keith B., The Chair’s Corner: Do You Remember Your Childhood?

• Anderson, Kimberly, Focus on Youth and Family.

• Ready Resources: Ready Resources in Child Welfare and Juvenile Justice.

• Gillespie, Genie Miller, In the Solution: Impacting the Lives of Children through Pro Bono.

• Leffler, David, Being Solo: Recession 2008: Ten Steps Solos Should Take Right Now.

• Tanowitz, Ellen Rappaport, GP Mentor: Juggling Act: The Parent-Lawyer.

  
  

• Eaves.

• Using a Construction Manager on Ohio’s Public Projects.

• Analysis of the New “Jobs Ohio” Proposal.

• Cincinnati’s New Fire Station No. 9 Dedicated to Better Serve Citizens, Firefighters and the Environment.

• Photos from the NLC Congressional City Conference in Washington, D.C.

• Barnesville, Ohio is Celebrating its Bicentennial.

04/22/08

28 (No. 2) CONSTRUCTION LAWYER, SPRING 2008

• Harness, Suzanne H., et al., 2007 Revisions to AIA Contract Documents.

• Noble, Christopher L. & Heart, Bennet, The AIA’s New Digital Data Documents.

• Axelroth, Lynn R. & Moseley, W. Alexander, Owners’ and Contractors’ Commentaries on Problem Profusions.

• Bergeron, Keith J., et al., Point/Counterpoint on Key Provisions of B101 (Standard Form of Agreement Between Owner and Architect): The Hot Button Issues and How They Have Changed.

• Barfield, Thomas, Comparing the New AIA A201 and ConsensusDOCS 200 Contract Terms.

• Czik, Jayne & Gillies, Matthew A., Hard Hat Case Notes.

  
  

• Back to the Future: Energy company lawyers are hard at work on licensing applications for the first new nuclear power plants in 20 years.

• Street Fighting Man: Robert Bennett’s pugilistic past taught the defense lawyer how to throw punches for his high-profile corporate clients.

• They Were Warned: New Century’s general counsel wrote a memo about its risky mortgages three years before the lender went bankrupt.

• Wheeling, Dealing, and Suing: Oracle Corporation and BEA Systems make a nice match; Merrill passes the hat around the world; Merck settles Medicaid overbilling claims; Purdue Pharma wins an OxyContin patent ruling.

• Canadian Suits:Michelin can take a pension holiday; veterans lose interest; unhappy shareholders sue Southwestern and Celestica.

• Moves: Home to the Heartland: University of Michigan taps an old friend as legal head; Northrup Grumman’s new shipbuilding division hires a homeboy; at Scotts Miracle-Gro, a GC with a green thumb.

• Profile: Worth Leaving Town For: Getty Trust position lures Museum of Modern Arts’ top lawyer away from New York.

• Sager, Thomas & Gavulic, Terri Pepper, First Person: Let Me Count The Ways: Five ways to work with your outside legal providers to cuts costs.

• Sherman, Erik, In-House Tech: E-billing Grows Up: Automated invoicing was supposed to bring great savings to legal departments. But real success requires pairing it with matter management.

• Mauro, Tony, Candid Camera: Supreme Court justices provide tips on brief writing in an extraordinary series of video interviews.

• Hechler, David, Market Report: China 2.0: Alibaba builds a homegrown, home-market empire in cyberspace.

• Lin, Anthony, Plus: Haier Aspirations: A China-based appliance giant eschews assembling foreign goods and sets off on its own.

• Loomis, Tamara, Naming Names: To fight illegal downloading, the music industry sets its sights on suing its best customers: college kids. But some schools aren’t giving up their students’ names.

• Clancy, Rosemarie, In a Class of Their Own: Charting the chief legal officers of the nation’s major universities.

• Heintz, Francesca, Dream Jobs: Keeping the World Safe for Polar Bears: Greenpeace USA’s GC sets the limits for protesters.

• Ruckin, Claire & Hurwitt, Elliott, Strength in Numbers: McDermott is brought in by F&C to help defend against a $26 million claim by a former legal chief.

• Hufford, Wendy, Lessons My Daughter Taught Me: A hard-charging litigation chief learns a lesson from her college-bound daughter.

  
  

• Klepak, Ralla, What to Tell Your Client-about Mediation, the Custody Evaluator, or a Custody Evaluation.

• Crain, Richard A., Choosing the Best Custody Expert Witness.

• Jaffe, Alan M. & Mandeleew, Diana, Essentials of a Forensic Child Custody Evaluation.

• Bryniczka, Peter M., The HIPAA Hurdle.

• Saywitz, Karen J., The Art of Interviewing Young Children in Custody Disputes.

• Walker, Anne Graffam, Talking Points.

• Martindale, David A., A Psychologist’s Critique of the APA’s Guidelines for Evaluating Parental Responsibility.

• Harmon, Meighan A., Analyzing & Attacking the Report.

• Rutkin, Arnold H. & Oldham, Sarah S., Examining the Mental Health Expert.

• Herman, Gregg, Chair’s Column: Emulating a Life Well Lived.

• DaSilva, Willard H., From the Editor: Children, Psychologists, and the Law.

• Harhai, Stephen J., Tools of the Trade: The Best Things in Life Are Free.

• Reach, Catherine Sanders, Fast Forward: LTRC Is Your Inside Track to Tech Answers.

  
  

• Sneath, Henry M., On the Record: An Organization’s Challenge/Opportunity: Strategic Planning for the Future.

• Olson, Lana Alcorn, Now You Don’t Need a Crystal Ball: Ten Things I Wish I’d Known before My First Deposition.

• Speckart, George, Planning, Evaluation, and Things that Go Bump in the Night: Navigating the Road to a Jury Verdict.

• Clark, John M. & Nulty, Erin E., Use of the Hague Convention in Challenges: Depositions of Foreign Party Witnesses.

• Mathis, Benton J., Jr., From the Chair: Continuous Growth and Evolution.

• Adams, Paul Lancaster & Pfeffer, Erin O., Increasing Incidence: Discrimination Based on Personal Appearance.

• Kinder, Eric E., Entering the Fray: The EEOC and Caregiver Discrimination.

• Barker, Abraham F., Altruistic Headache: “Employment” of Interns, Students and Volunteers.

• Heerman, Max, Work Gear: Defending FLSA “Donning and Doffing” Cases.

• Clark, Lori Rittman, Pay Discrimination: Long- and Short-Term Lessons from Ledbetter.

• McDermott, Brian L. & Murray, Christopher C., New Laws, New Claims, New Policies?: A Primer on Workplace Bullying.

  
  

• Conjura, Carol, et al., IRS “repairs” the Regs. For distinguishing deductible repairs from capital improvements.

• Lipton, Richard M., Real estate debt workouts in 2008-the rules have changed.

• Lukacs, Michael V., Dual consolidated loss Regulations bring the rules into the check-the-box era at last.

• Bravenec, Lorence L. & Feucht, Fred, Dealing with the S corporation built-in gains tax: Part 1.

• Interest expense could be deducted until bankruptcy proceedings closed.

• Providing tax-exempt services for certain organizations qualified under Sections 501 and 513.

• Timing of income recognition under federal cost-plus contracts.

• Second ownership change-no retroactive disqualification of bankruptcy exception under Section 382(l)(5).

• California LLC fees: New taxpayer victory triggers state action.

• Juvenile tax delinquent: IRS seeks taxes from child victim of ID theft.

  
  

• Palladino, Anthony N., et al., The FAA ODRA: A Tenth Anniversary Report.

• Navarre, Michael J., Departments of State and Defense Sign MOA on Private Security Contractors.

• Silberman, Aaron P., Green Building: Federal, State, and Local Government LEED the Way.

• Shackleford, Richard, Effective Practice under ASBCA Rule 11, Submission without a Hearing.

  
  

• Get Tough on Crime, Not on Kids.

• Wiser Ways on Youth Crime.

• America’s Juvenile Justice System is Not Broken.

• Jared Olson in Profile.

• NDAA’s NTLC & NHTSA Meet the Press.

• Dewey-Kollen, Janet & Downes, Angela, Shattering Misconceptions about First-Time Drunk Driving Offenders.

• Sinha, Hans P., Prosecutorial Ethics: The Duty to Disclose Exculpatory Material.

• Tiapula, Suzanna & Millican, Melissa, Identifying the Victims of Human Trafficking.

  
  

• Ungerman, Josh O. & Daddino, Anthony P., The IRS Is Looking for Non-Compliant Taxpayers with Foreign Interests: Is Your Taxpayer One of Them?

• Quintal, Amber K., Planning for Individuals with Disabilities: Special Needs Trusts.

• Isaacson, Brian & Phu, Karen, Jurisdiction in the Tax Court to Hear Section 6330 Challenges: A Need for Clarification.

• Weinsheimer, William C. & Grossman, Barry L., Patenting Estate Planning Techniques: A Patently Difficult Issue.

• Abramowitz, Kay W., Planning for the Less-Wealthy Client (With Forms).

  
  

• Lockwood, M. Jill, Supreme Court Rules on Investment Advisory Fees of Trusts.

• Stevens, Michael G., Map Out the Best Route for Higher Travel Expense Deductions.

• Herbes, Stephen F., Ruling Offers Flexibility for Irrevocable Life Insurance Trust Setup.

• Parker, James & Nash, Claire Y., Anticipate Close Inspection of Closely Held Company Pay Practices-Part I.

• Henricks, Beth, Enlist Human Resources to Screen for Employment Tax Credits.

• Tax court upholds equitable recoupment defense.

• Penalty upheld for failing to deposit taxes electronically.

• Safe harbor for like-kind exchanges of mixed-use property.

• Guidance on qualifying for energy-efficient home credit.

• No depreciation deduction for workshop attached to home.

• Loans were not family-owned business interests.

• Nontransferrable annuity must be valued using IRS tables.

• Undisclaimed remainder cost deduction for gift to charitable trust.

• Taxpayer could not deduct M.B.A. expenses.

• Payments from ex-husband’s disability benefits were alimony.

• Wage allocation for domestic production deduction.

• Farming partnerships could not defer crop insurance proceeds.

• A close call-but no innocent spouse relief.

  
  

• MacKay, Karen, How to Hire Your Next Administrator.

• Denney, Robert W., The Evolution of the Professional Administrator.

• Grella, Thomas C., Choosing Your First Administrator: Pointers and Pitfalls Learned through Experience.

• Law Practice Case Study: Invitation to Succeed: Advice on Integrating Professional Management into Your Firm.

• Goldstein, Courtney, Professional Development: The Expanding Scope of Lawyer Training Programs.

  
  

• Suvor, Daniel R., Officially Speaking: Attend the ABA Annual Meeting and help the Division build on its accomplishments.

• Binns, Erin, Use this summer to advance your career goals and get positioned to conduct productive future job searches.

• Stansky, Lisa, Hot Practice: As the number of U.S veterans continued to rise, so will the legal work they generate in the broad field of military law.

• Garner, Bryan A., Legal Writing: Readers have become accustomed to well-designed documents. Follow these tips on how to create readable pages.

• Jarmon, Amy L., Adviser: How will you spend your summer break? Taking coursework, gaining work experience, studying abroad? Be sure to factor in some time to relax too.

• Pellegrino, Tara S., Opinion: A prenuptial agreement can be a critical long-term planning tool for young professionals in the 21st century.

• Brady, Kathleen, From Law Student to Lawyer: Your transition from law student to lawyer will be smooth if you view your workplace behavior through the lens of others.

• Scott, Mike, Salary Trends for New Associates: First-year law firm associate salaries are expected to level off in 2008 because of the sluggish economy, But “soft” benefits are on the rise.

• Gerson, Donna, Transforming Communities, One Building at a Time: Meet Karen Kelleher, whop talks about why she’s passionate about affordable housing and offers tips for law students interested in pursuing a career in real estate law.

04/18/08

2 (No. 1) JOURNAL OF INTERNATIONAL MEDIA & ENTERTAINMENT LAW, WINTER 2008

• Lincoff, Bennett, Common Sense, Accommodation and Sound Policy for the Digital Music Marketplace.

• Schwabach, Aaron, Intellectual Property Piracy: Perception and Reality in China, the United States and Elsewhere.

• Winfield, Richard & Mendoza, Kristin, Does China Hope to Remap the Internet in its Own Image?

• Armijo, Enrique, Building Open Societies: Freedom of the Press in Jordan and Rwanda.

• Miller, Matthew S., Piracy in Our Own Backyard: A Comparative Analysis of the Implications of Fashion Copying in the United States for the International Copyright Community.

  
  

• Foster, David D. & Summers, Anita A., State Executive/Legislative and Judicial Activities and the Strength of Local Regulation of Residential Housing.

• Dyckman, Caitlin S., The Future of the Regulatory Takings Issue in the United States and Europe: Divergence or Convergence?

• Schach, Casey, Stream Buffer Ordinances: Are Municipalities On the Brink of Protecting the Health of Streams or Opening the Floodgates of Takings Litigation?

• Kruse, Michael, 24th Smith-Babcock-Williams Student Writing Competition Winner: Constructing the Special Theater Subdistrict: Culture, Politics, and Economics in the Creation of Transferable Development Rights.

• Lovelady, Adam, 24th Smith-Babcock-Williams Student Writing Competition Runner-Up: Broadened Notions of Historic Preservation and the Role of Neighborhood Conservation Districts.

  
  

• Lenaerts, Koen, Interpretation and the Court of Justice: A Basis for Comparative Reflection.

• Rosas, Allan, Separation of Powers in the European Union.

• Klucka, Jan, The General Trends of EU Administrative Law.

• Kokott, Jiliane, The European Court-Recent Case Law.

• Gao, Ziang, The Fraud Rule in Law of Letters of Credit in the P.R.C.

• Maogoto, Jackson Myamuya & Freeland, Steven, Space Weaponization and the United Nations Charter Regime on Force: A Thick Legal Fog or a Receding Mist?

• Thompson, Shelley, The Globalization of Securities Markets: Effects on Investor Protection.

• Hummel, Joseph, Diamonds are a Smuggler’s Best Friend: Regulation, Economics, and Enforcement in the Global Effort to Curb the Trade in Conflict Diamonds.

  
  

• Black, Barbara, Should the SEC Be a Collection Agency for Defrauded Investors?

• Buckberg, Elaine & Dunbar, Frederick C., Disgorgement: Punitive Demands and Remedial Offers.

• Riccio, Robert J., Summary of Mendes Hershman Student Writing Competition Contest Prize Essay: Conflicts of Interest in Derivative Litigation Involving Closely-Held Corporations: An All or Nothing Approach to the Requirement of “Independent” Corporate Counsel.

• Joint Task Force of Committee on LLCs, Partnerships and Unincorporated Entities and the Committee on Taxation, ABA Section of Business Law, Model Real Estate Development Operating Agreement with Commentary.

• Committee on Corporate Laws, ABA Section of Business Law, Changes in the Model Business Corporation Act-Proposed “Force the vote” Amendments to Chapters 8, 9, 10, 11, 12 and 14.

• Committee on Corporate Laws, ABA Section of Business Law, Changes in the Model Business Corporation Act-Proposed Amendment to Section 6.24.

• M&A Jurisprudence Subcommittee, Negotiated Acquisitions Committee, ABA Section of Business Law, Annual Survey of Judicial Developments Pertaining to Mergers and Acquisitions.

• Lampe, Donald C., et al., Introduction to the 2008 Annual Survey of Consumer Financial Services Law.

• Hotchkiss, Lynette I. & Parker, Jacqueline A., Truth in Lending Update-2007.

• Noonan, Jean & Goodman, Michael, Third-Party Liability for Federal Law Violations in Direct-to-Consumer Marketing: Telemarketing, Fax, and E-Mail.

• Edelman, Mark S., et al., The Road Ahead: Emerging Trends in Personal Property Finance.

  
  

• Richmond, Douglas R., Lawyer Liability for Aiding and Abetting Clients’ Misconduct under State Law.

• Fairbairn, John & Clark, S. Stuart, Intellectual Property Litigation in Australia.

• Allen, Robert D., et al., Supreme Court Ruling on the Fair Credit Reporting Act and Auto Insurers; Use of Insurance Scores to Set Premiums.

• Meyer, Kenneth R., et al., Buyer Beware: You May Be Liable for the Defective Products of Your Predecessor.

• Marchetti, L. Gino, Jr., Dispelling Stereotypes of Lawyers in Today’s World.

• Conning the IADC Newsletters: E-Discovery Preparedness for Pharmaceutical and Biotechnology Companies.

• Risks for Employers in the Blogosphere.

• Removal to Federal Court Prior to Formal Service.

  
  

• Walker, Scott L. & Savare, Matthew, Foul Use? FTC Declines to Take Action against Allegedly Overbroad and Misleading Copyright Warnings.

• Jacobs, Howard, Taking Matters into Their Own Hands: Athlete Lawsuits against Supplement Companies Following Positive Drug Tests.

• Yearwood, Heather, Profile: Debbie Spander, Entertainment and Sports Lawyer.

• Handler, Carole E., et al., The WGA Site: Picketing for a Bigger Piece of the New Media Pie.

• Siegal, Bruce, Colorful Trends in Collegiate Trademark Protection: School Colors as Trademarks.

• Massari, Matthew G., Lessons from the Fantasy Sports Dispute.

• Bayard, Lynn B., et al., Mary J. Blige: No More Retroactive Copyright Licensing Drama.

• Rodenberg, Ryan M., The NBA’s Latest Three Point Play: Age Eligibility Rules, Antitrust, and Labor Law.

• Cohen, Richard J. & Hanna, Joseph M., The Rangers’ Gloves Are Off in a Digital Tussle with the NHL.

• Steger, Michael D., Document It: Courts Find Joint Authorship in Documentary Films in Absence of Written Agreement.

• Varriale, Carla, That’s the Ticket...What’s Next for the Ticketing Industry after Ticketmaster vs. RMG Techs., Inc.

  
  

• Whitener, Mark D., The Best Jobs in the World.

• Roundtable Discussion: Counseling on Complex Issues
  • Pace, Jack E., III, Introduction.

  • Participants, Roundtable Discussion.

  • Steuer, Richard M., Bundles of Joy.

  • Hesse, Renata B., Counseling Clients on Refusal to Supply Issues in the Wake of the EC Microsoft Case.

  • Oliver, Geoffrey D., Living on the Fault Line: Counseling Clients at the Interface of Antitrust and Intellectual Property Law.

  • Nazzini, Renato, Making Waves: Interview with EU Competition Commissioner Neelie Kroes.

  • Nazzini, Renato, The Microsoft Case and the Future of Article 82.

  • Ross, Lester, China’s Antimonopoly Law.

  • Deng, Fei & Leonard, Gregory K., Incentives and China’s New Antimonopoly Law.

  • Skitol, Robert A., Two Years after Volvo v. Reeder: The Robinson-Patman Act Is Still with Us.

  • Kolasky, William, Reinvigorating Antitrust Enforcement in the Unites States: A Proposal.

  • Wood, Lisa C. & Quina, Marco J., The Perils of Electronic Filing and Transmission of Documents.

    
    

• Gworek, Jonathan D., Data Mining the Venture-Backed Company Charter.

• Lyon, Phillip K., 20 Reasons Why People Don’t Respect Lawyers the Way They Used To.

• Morales, Gerard & Goldstein, Matthew, “Deemed Exports” of Technology: How Safe is Your Client’s Company?

• Kane, Sean F., Virtual Worlds, Digital Economies,. And Synthetic Crimes.

• Litteneker, Rebecca U. & McNutt, Scott H., Buying and Selling the Distressed Small Business.

• Miiller, Jeffrey & Kohn, Jill, The Top Five Reasons Why Clients Leave and How You Can Prevent It.

• Clark, Michael E., Evaluating and Minimizing the FCPA Risks When Conducting Business in Emerging Markets.

  
  

• Cordray, Margaret Meriwether & Cordray, Richard, Strategy in Supreme Court Case Selection: The Relationship Between Certiorari and the Merits.

• Fairfax, Lisa M., Making the Corporation Safe for Shareholder Democracy.

• Notes:
  • Keyes, Barton R., Alive and Well: The (Still) Ongoing Debate Surrounding Conceptual Separability in American Copyright Law.

  • Heckman, Lee D., The Benefits of Departure Obsolescence: Achieving the Purposes of Sentencing in the Post-Booker World.

    
    

• Kitrick, Mark M., Every Word is Worth a Thousand Pictures.

• Miller, Michael S., Justice Was Not Done.

• Boyd, Jeffrey D., Friends.

• Castell, Rebecca J. & Tisone, Raymond J., Abusive Deposition Tactics.

• Gerney, Russell W., Can I Say That? Confidentiality Clauses in Settlement Agreements.

• Iler, Nancy C., Winning Challenges for Cause: Hall v. Banc A New View Towards Conducting Voir Dire.

• Pousoulides, Dimitrios S., The Effect of Senate Bill 117 on the Attorney-Client Privilege in Bad Faith Claims.

• Bolek, Cathleen M., The Fair Labor Standards Act for the Small Law Firm Practitioner.

04/07/08

42 (No. 4) REAL PROPERTY, PROBATE AND TRUST JOURNAL, WINTER 2008

• Cline, Christopher P., The Uniform Prudent Investor and Principal and Income Acts: Changing the Trust Landscape.

• Nenno, Richard W., The Power to Adjust and Total-Return Unitrust Statutes: State Developments and Tax Considerations.

• Medlin, S. Alan, Limitations on the Trustee’s Power to Adjust.

• Dobris, Joel C., SRI-Shibboleth or Canard (Socially Responsible Investing, That Is).

• Eagle, Steven J. & Perotti, Lauren A., Coping with Kelo: A Potpourri of Legislative and Judicial Responses.

  
  

• Bayh, Birch, Personal Insights and Experiences Regarding the Passage of Title IX.

• Sandler, Bernice Resnick, Title IX: How We Got It and What a Difference It Made.

• Greenberger, Marcia D. & Chaudhry, Neena K., Worth Fighting For: Thirty-Five Years of Title IX Advocacy in the Courts, Congress and the Federal Agencies.

• Carpenter, Linda Jean & Acosta, R. Vivian, Title IX-Two for One: A Starter Kit of the Law and a Snapshot of Title IX’s Impact.

• Brake, Deborah L., Title IX as Pragmatic Feminism.

• Rulli, Louis S., Too Long Neglected: Expanding Curricular Support for Public Interest Lawyering.

• Notes:
  • Banchek, Heather Shana, Overcoming a Hostile Work Environment: Recognizing School District Liability for Student-on-Teacher Sexual Harassment under Title VII and Title IX.

  • Shannon, Kevin P., Speeding Towards Disaster: How Cleveland’s Traffic Cameras Violate the Ohio Constitution.

    
    

• Mitchell, Christopher & Ganjeizadeh, Mehdi, Claiming Pitfalls in Bioinformatics Patent Applications.

• McGrath, Alan, What DOE and DOD, Radiation, and the Genome Project Have in Common and How It May Have Led to Award-Winning Movies.

• Jacobson, Garth & Feldman, Sandra, Electronic Service of Process.

• Bro, Ruth Hill, CPO Corner: Joseph Alhadeff (An interview with the Vice-President for Global Public Policy and CPO or Oracle).

• Thomas, Calhoun, B-Tech Update (upcoming symposia, human cloning, stem cell research, and synthetic biology).

• Bauer, Robert, E-Tech Update (Internet jurisdiction, IEEE standards, RIAA lawsuits, and FISA and FOIA).

• Naimpally, Shiv, Scitech Profile: Q & A with Julie Fleming-Brown.

  
  

• The Rankings Czar: Law school deans hate Bob Morse’s U.S. News & World Report rankings. He’d like their help to make them better.

• Long Live the King of Torts? Tort lawyers don’t come any more successful than Mississippi’s Dickie Scruggs. Now that he’s been accused of bribery, there are questions about how he achieved so much.

• Making the Case for Change: Recent developments are affecting how commercial cases are litigated in the federal courts.

• President’s Message: Adequate funding for the LSC will alleviate poverty-related problems.

• Opening Statements: The lawyer who settled the writer’s strike, tort reform’s human touch and more.

• The National Pulse: A key Rhode Island case concerning lead paint may color the future of the tort of public nuisance. Also: With more youths on the job, sex harassment claims are on the rise.

• Supreme Court Report: In a busy month for criminal cases, the high court takes another look at capital punishment. Also: Retired Justice Sandra Day O’Connor puts her brand on federal appellate courts.

• Litigation: Angus argues for giving opening statements before conducting voir dire.

• Ethics: Prosecutors now have an obligation to right wrongful convictions.

• Solo Network: An Alabama practitioner puts his practice on hold to answer the military’s call to Afghanistan.

• Associates: Pigeonholing can stymie-or inspire-young careers.

• ABA Treasurer’s Report: Details on the state of the association’s finances.

• Your ABA: Bill would give judges more power to decide feds’ claims of state secrets privilege. Also: Our roundup of those nominated at the midyear meeting to serve as ABA officers and Board of Governors members.

• Obiter Dicta: Eco-friendly citizen sees red as efforts to go green result in municipal machinations; construction worker brained by plank sues after ER approaches problem from the other end.

• Precedents: The Oklahoma City bombing scars the nation.

  
  

• Bishop, Cynthia J., Foraging through the Jungle of Expert Discovery and Testimony.

• Herrera, Esteban, Jr. & McConnell, Richard D., Reliability Is the Gauge: Recent Daubert Challenges to Experts in Environmental Litigation.

• Rolph, Christine G. & Torres, Valerie E., Evolution of Mass Toxic Tort Litigation: Texas Levels the Playing Field.

• Daley, M. James & Prine, Kenneth, One Year after the Federal E-Discovery Rule Amendments.

• Slaughter, James B. & Auslander, James M., Preemption Litigation Strategies under Environmental Law.

• Redick, Thomas P. & Endres, A. Bryan, Litigating the Economic Impacts of Biotech Crops.

• Unterberger, Glenn, et al., Litigating Challenging Coal Plants, One Permit at a Time.

• Hobaugh, Jack L., Jr., Standing for Sanding: Nourishment for Private Beaches.

• Barkett, John M., Tipping the Scales of Justice: The Rise of ADR.

• Donovan, Craig T., China’s Finless Porpoise and Freshwater Resources.

• Kass, Madeline June, Is the Atmosphere Half Empty or Half Full?

• Mellinger, Lawrence P., Symbolic Recovery: The Bald Eagle Soars Again.

• Rubrecht, Gale Lea, Impact of Ozone NAAQS Program on Urban Areas.

• Sproat, D. Kapua & Gross, Aarin F., The NW. Hawaiian Islands Marine National Monument.