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Justice Kennedy, Natural Liberty, and Classical Stasis Theory: Advancing Free Speech with Rhetorical Knowledge and Interpretive Argumentation
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Fulton County Charges Donald Trump With Racketeering, Other Felonies - A Georgia Election Law Expert Explains 5 Key Things to Know
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Alexander S. Glover, et. al. v. Georgia Mining Ventures, LLC, Order on Plaintiff\u27s Motion to Compel and Motion for Contempt
Get PDFThe Vaccine Injury Compensation Program CLE
No full textAttorneys, law students, health practitioners, and graduate or professional health students are invited to attend this program which will highlight distinctive aspects of litigation brought under the National Vaccine Injury Compensation Program. Due to recent events, vaccine litigation has received national attention. Whether Congress will expand redressable injuries under the Vaccine Act in light of that attention is unclear. Vaccine litigation is a vital and emerging field of federal law. These cases are often complex, involving cutting-edge immunology and complicated legal issues. To date, total vaccine injury awards exceed $4 billion. Unique provisions of law sometimes permit legal counsel to recover fees and costs even where no compensation is awarded to the petitioner.
Congress established the Vaccine Program as a no-fault compensation program whereby individuals suffering injury as a result of the administration of certain vaccines can petition for compensation. Congress intended that the Vaccine Program provided individuals with a less adversarial alternative to the often costly and lengthy civil arena of traditional tort litigation. These claims are within the jurisdiction of the United States Court of Federal Claims, specifically, the Office of Special Masters
Degrees of Losing: A Challenge to the Federal Frozen Benefit Rule
Get PDFThe 2016 amendment to the Uniformed Services Former Spouses’ Protection Act dramatically changed the level of discretion afforded to states in dividing military retired pay between divorcing parties. Now, all divorces involving an active service member at the time of divorce must adhere to Congress’s strict formula when dividing the former spouse’s interest in the service member’s pension. This Note explores the question of whether Congress overstepped its constitutional limitations in directing the actions of state courts, whether the new rule may violate principles of equal protection doctrine, and whether a challenge to the novel scheme has any chance of success. This Note proposes a potential challenge and, finally, asks why we should treat military service members and their money differently in the first place
Recognizing & Representing Clients Whose Capacity is Diminishing
No full text“There are few subjects about which so little can certainly be known as the operation of the human mind.” Alston v. Boyd, 25 Tenn. 504 (Tenn. 1846)
Deciding what to do when questions of client capacity arise is not for the fainthearted. There are no safe harbors for two primary reasons. First, the notion of capacity is an elusive, amorphous abstraction that, in practice, cannot be divorced from the complexities of the real life situation. Second, none of the rules and authorities give the lawyer adequate guidance for assessing capacity or deciding how to proceed if doubts exist. Some rules are Delphic at best.
Jan Ellen Rein, Ethics and the Questionably Competent Client: What the Model Rules Say and Don\u27t Say, 9 Stanford Law & Policy Review 241 (1998