CHAPTER I INTRODUCTION A. Background of the Study Law
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WHAT'S AMISS? THE LAWYERING INTEREST IN..., 65 Consumer Fin. L.Q.... 65 Consumer Fin. L.Q. Rep. 151 Consumer Finance Law Quarterly Report Spring/Summer, 2011 Plus Jonathan C. Lipsona1 Copyright © 2011 by Conference on Consumer Finance Law; Jonathan C. Lipson WHAT'S AMISS? THE LAWYERING INTEREST IN “MISCELLANEOUS” CONTRACT PROVISIONS I. Introduction A. Why Do Contracts Have “Miscellaneous” Provisions? This basic question raises several subsidiary questions. First, what do we mean by “miscellaneous” provisions? How do we distinguish the miscellaneous from the “non-miscellaneous” parts? Second - and more importantly - how do we assess the merits of various miscellaneous provisions? What work - if any - do these provisions do in the contracts of which they are a part? Miscellaneous provisions are generally the terms at the back of an agreement that deal with a variety of matters secondary to the “heart” of the contract (e.g., the sale of stock or the granting of a security interest). Some address future disputes (choice of law; choice of venue). Others address more technical matters (rules of construction; notice provisions). These may (perhaps pejoratively) be characterized as boilerplate. Yet, they tend at bottom to deal with something vital to the deal, even as it may be ancillary: what happens if things change? Thus, miscellaneous provisions not only contemplate litigation (implying breach, certainly a kind of change), but also rules on the rights of successors and assigns, how the parties should interpret the language of the contract, and so on. This brief essay argues that miscellaneous provisions exist as much to benefit lawyers as clients, reflecting a kind of “lawyering interest” in the design and execution of contracts. -
Observations of Literary Critics to Initial Oeuvre of John Grisham's
INTERNATIONAL JOURNAL OF SCIENTIFIC & TECHNOLOGY RESEARCH VOLUME 9, ISSUE 01, JANUARY 2020 ISSN 2277-8616 Observations Of Literary Critics To Initial Oeuvre Of John Grisham’s Novels Niyazov Ravshan Turakulovich Abstract: The article discusses the initial creativity and artistic originality in contemporary American writer John Grisham’s works. His works, affecting the complex social problems that are relevant to contemporary American reality (race relations, the death penalty, corruption), as well as a detailed description of the problems and shortcomings in the actions of the judiciary, the legal system and the state. Literary critics and literary critics have noted a significant contribution to the development of this trend in American detective prose. Index Terms— legal detective, thriller courtroom cases, comparison, novel, political and social problems, detective, psychological and philosophical attitudes, literary analysis, literary character. —————————— —————————— 1 INTRODUCTION He got inspiration for his prelude novel after hearing the John Ray Grisham, Jr. is an American lawyer and author, best testimony of a 12-year-old rape victim and the question ―what known for his popular legal thrillers. Because of his creative would have happened if the girl’s father had murdered her fictions on the legal issues he is considered as ―Lord of legal assailants?‖ disturbed the author. So he decided to write a thrillers‖ or ―Master of legal thrillers‖, long before his name novel. For three years he arrived at his office at five o’clock in became synonymous with this genre. He was born on the morning, six days a week because of the purpose to write February 8, 1955 in Jonesboro, Arkansas, to parents who his first book ―A Time to Kill‖. -
Book Review in the Novel- the Firm by John Grisham
Republic of the Philippines Surigao Del Sur State University Tandag, Surigao Del Sur BOOK REVIEW IN LITERATURE 2 ( THE FIRM ) Submmited by: Ermie Jane R. Otagan (BEED-IV) Submmited to: Ms. Lady Sol Azarcon-Suazo (Instructor) OCTOBER 2011 Title : THE FIRM About the Author John Ray Grisham, Jr. (born February 8, 1955) is an American author, best known for his popular legal thrillers. John Grisham graduated from Mississippi State University before attending the University of Mississippi School of Law in 1981 and practiced criminal law for about a decade. He also served in the House of Representatives in Mississippi from January 1984 to September 1990. Beginning writing in 1984, he had his first novel A Time To Kill published in June 1989. As of 2008, his books had sold over 250 million copies worldwide. A Galaxy British Book Awards winner, Grisham is one of only three authors to sell two million copies on a first printing, the others being Tom Clancy and J. K. Rowling. Early life and education John Grisham, the second oldest of five siblings, was born in Jonesboro, Arkansas, to Wanda Skidmore Grisham and John Grisham. His father worked as a construction worker and a cotton farmer, while his mother was a homemaker. When Grisham was four years old, his family started traveling around the South, until they finally settled in Southaven in DeSoto County, Mississippi. As a child, Grisham wanted to be a baseball player. Despite the fact that Grisham's parents lacked formal education, his mother encouraged her son to read and prepare for college. -
An Analysis of the Myths That Bolster Efforts to Rewrite
Notre Dame Law School NDLScholarship Journal Articles Publications 1990 An Analysis of the Myths that Bolster Efforts to Rewrite RICO and the Various Proposals for Reform: Mother of God - Is this the End of RICO? George Robert Blakey Professor Notre Dame Law School, [email protected] Thomas A. Perry Follow this and additional works at: https://scholarship.law.nd.edu/law_faculty_scholarship Part of the Criminal Law Commons Recommended Citation George R. Blakey Professor & Thomas A. Perry, An Analysis of the Myths that Bolster Efforts to Rewrite RICO and the Various Proposals for Reform: Mother of God - Is this the End of RICO?, 43 Vand. L. Rev. 851 (1990). Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/428 This Article is brought to you for free and open access by the Publications at NDLScholarship. It has been accepted for inclusion in Journal Articles by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. An Analysis of the Myths That Bolster Efforts to Rewrite RICO and the Various Proposals for Reform: "Mother of God-Is This the End of RICO?" G. Robert Blakey* and Thomas A. Perry** I. INTRODUCTION .......................................... 853 II. MYTHS THAT BOLSTER EFFORTS TO REWRITE RICO ..... 860 A. The Organized Crime Myth .................... 860 B. The Legitimate Business Myth ................. 868 C. The Litigation Floodgate Myth ................. 869 D. The Two Letters Myth ......................... 874 E. The Contract Dispute Myth .................... 875 F. The Racketeer Label.Myth ...................... 875 G. The Litigation Abuse Myth .................... 877 H. The Litigation Abuse Remedies Myth ........... 879 I. The Garden Variety Fraud Myth ............... 881 J. -
ADVISORY OPINION 13-04 September 9, 2013
W. DAVID DENTON COMMONWEALTH OF KENTUCKY JOHN R. STEFFEN CHAIR EXECUTIVE BRANCH ETHICS COMMISSION EXECUTIVE DIRECTOR http://ethics.ky.gov/ WILLIAM G. FRANCIS KATHRYN H. GABHART VICE CHAIR GENERAL COUNSEL LEWIS G. PAISLEY #3 FOUNTAIN PLACE RICHARD L. MASTERS FRANKFORT, KY 40601 MARTIN E. JOHNSTONE (502) 564-7954 Executive Branch Ethics Commission ADVISORY OPINION 13-04 September 9, 2013 RE: Does engaging in a new business relationship with an executive branch agency constitute “executive agency lobbying” under the Executive Branch Code of Ethics when the initial contact to express interest in such a relationship is initiated by the staff of the executive branch agency rather than by the staff of the private firm? DECISION: Yes, under the circumstances described, if the private firm chooses to respond to the executive branch agency’s expressed interest in a new business relationship, executive agency lobbying activity is taking place. This opinion is issued in response to your July 1, 2013, request for an advisory opinion from the Executive Branch Ethics Commission (the "Commission") concerning the application of KRS Chapter 11A, the Executive Branch Code of Ethics (the “Code of Ethics”), to a set of facts you provide. The request was reviewed at the September 9, 2013, meeting of the Commission and the following opinion is issued. The facts you provide are as follows: Your client, a firm that provides investment services (“Client”), has had a long-standing professional relationship with a public Kentucky pension entity (the “Kentucky entity”). The Kentucky Entity has indirectly invested in Client’s primary investment vehicle for several years through a fund of funds manager. -
Broker in Charge 2019
THIS COURSE is for real estate licensees to become more competent and remain qualified to engage in real estate activities for which they are licensed. It is focused on current information regarding new and/or changing laws and regulations which affect the real estate business, as well as facts and concepts about which licensees must be knowledgeable in order to safely and confidently conduct real estate negotiations and transactions. Participants will expand and enhance their knowledge and expertise to be continually effective, competent, and ethical as they practice real estate. INSTRUCTOR: Joyce Painter ANY LICENSEE may complete the Broker in Charge course in lieu of the required subject matter. However, all Brokers must successfully complete the Broker in Charge course as approved by the OREC consisting of 15 clock hours. Additionally, to fully complete the continuing education requirement of 21 clock hours a broker must also complete at least two of the BROKER IN CHARGE six required subject matter topics, equal to at least six clock hours. Each 2020 licensee must provide evidence of 15-hour Required Course Approved by the completion of 21-clock hours of OREC Oklahoma Real Estate Commission (OREC) for approved subject matter. [OREC Rule broker and sales associate licensees. 605:10-3-6] CONTENTS INTRODUCTION ............................................................................................................................... 5 OKLAHOMA REAL ESTATE CODE AND RULES ........................................................................... -
The Summons of Death on the Medieval and Renaissance English Stage
The Summons of Death on the Medieval and Renaissance English Stage The Summons of Death on the Medieval and Renaissance English Stage Phoebe S. Spinrad Ohio State University Press Columbus Copyright© 1987 by the Ohio State University Press. All rights reserved. A shorter version of chapter 4 appeared, along with part of chapter 2, as "The Last Temptation of Everyman, in Philological Quarterly 64 (1985): 185-94. Chapter 8 originally appeared as "Measure for Measure and the Art of Not Dying," in Texas Studies in Literature and Language 26 (1984): 74-93. Parts of Chapter 9 are adapted from m y "Coping with Uncertainty in The Duchess of Malfi," in Explorations in Renaissance Culture 6 (1980): 47-63. A shorter version of chapter 10 appeared as "Memento Mockery: Some Skulls on the Renaissance Stage," in Explorations in Renaissance Culture 10 (1984): 1-11. Library of Congress Cataloging-in-Publication Data Spinrad, Phoebe S. The summons of death on the medieval and Renaissance English stage. Bibliography: p. Includes index. 1. English drama—Early modern and Elizabethan, 1500-1700—History and criticism. 2. English drama— To 1500—History and criticism. 3. Death in literature. 4. Death- History. I. Title. PR658.D4S64 1987 822'.009'354 87-5487 ISBN 0-8142-0443-0 To Karl Snyder and Marjorie Lewis without who m none of this would have been Contents Preface ix I Death Takes a Grisly Shape Medieval and Renaissance Iconography 1 II Answering the Summon s The Art of Dying 27 III Death Takes to the Stage The Mystery Cycles and Early Moralities 50 IV Death -
Observations on the Rise of the Appellate Litigator
Observations on the Rise of the Appellate Litigator Thomas G. Hungar and Nikesh Jindal* I. INTRODUCTION........................................................................511 II. THE EMERGENCE OF A PRIVATE APPELLATE BAR ...................512 III. The Reasons Behind the Development of a Private Appellate Bar..........................................................................517 A. Appellate Practices as a Response to Modern Law Firm Economics ..............................................................518 B. Increasing Sophistication Among Clients About the Need for High-Quality Appellate Representation ...........523 C. The Increasing Stakes of Civil Litigation........................525 D. A Changing Supreme Court ............................................527 IV. SKILLS OF AN EFFECTIVE APPELLATE LAWYER.......................529 V. CONCLUSION ...........................................................................536 I. INTRODUCTION Over the last few decades, there has been a noticeable increase in the visibility and prominence of appellate litigators in the private bar. Most of the attention has focused on Supreme Court advocacy, where certain private law firms and lawyers have developed reputations for specialized expertise and experience in 1 briefing and arguing cases before the Court, but the phenomenon extends to other federal and state court appeals as well. The practice of law as a whole is becoming increasingly specialized, and the trend in appellate litigation is no exception, although it appears to be a more recent occurrence than the growth of substantive speciali- * Thomas G. Hungar is a partner at Gibson, Dunn & Crutcher LLP and Co- Chair of the firm’s Appellate and Constitutional Law Practice Group. He previously served as Deputy Solicitor General of the United States. Nikesh Jindal is an associate at Gibson, Dunn & Crutcher LLP and a member of the firm’s Litigation Department and of the Administrative Law and Regulatory and White Collar Defense and Investigations Practice Groups. -
Teacher's Notes
PENGUIN READERS Teacher’s notes LEVEL 6 Teacher Support Programme The Runaway Jury John Grisham Then Fitch receives a note from a woman called Marlee, who gives him secret information about members of the jury and what they will do. All her information turns out to be accurate. They agree on a deal because Fitch believes that she can deliver the verdict he wants. Marlee demands ten million dollars from Fitch to get the right verdict and the tobacco companies agree to pay. Marlee uses the money to trade in shares of the companies, forcing their value down. Fitch finally discovers that Marlee’s parents both died of lung cancer caused by smoking. He discovers, too late, that he has been tricked. The jury find the tobacco companies guilty and award About the author Celeste Wood $400 million in damages. Nicholas and John Grisham was born on February 8, 1955, in Marlee buy tobacco shares at a very low price and make Jonesboro, Arkansas, in the United States. His father was a a fortune. Finally, Marlee confronts Fitch and returns the construction worker and moved his family all around the $10 million, but warns him that she will keep watching southern states of America, stopping wherever he could the case. find work. Eventually, they settled in Mississippi. Chapters 1–3: The people in charge of the four biggest Graduating from law school in 1981, Grisham practiced tobacco companies meet with Rankin Fitch who manages law for nearly a decade specializing in criminal defense a fund used to help those companies win lawsuits. -
The Need for Sacrifice in Law Enforcement in John Grisham’S the Racketeer (2012): a Sociological Approach
THE NEED FOR SACRIFICE IN LAW ENFORCEMENT IN JOHN GRISHAM’S THE RACKETEER (2012): A SOCIOLOGICAL APPROACH PUBLICATION ARTICLE Submitted as a Partial Fulfillment of the Requirement for Getting Bachelor Degree of Education in English Department by ARUM AGISTINA A 320 120 290 ENGLISH DEPARTMENT OF EDUCATION SCHOOL OF TEACHER TRAINING AND EDUCATION MUHAMMADIYAH UNIVERSITY OF SURAKARTA 2016 i ii iii THE NEED FOR SACRIFICE IN LAW ENFORCEMENT IN JOHN GRISHAM’S THE RACKETEER (2012): A SOCILOGICAL APPROACH ABSTRAK Studi ini adalah tentang The Need for Sacrifice in Law Enforcement in John Grisham’s The Racketeer (2012) yang di analisis menggunakan pendekatan Sisiologis. Tujuan studi ini adalah untuk mengetahui masalah yang timbul dalam penegakan hukum, menganalisis siapa saja penghalang dalam penegakan hukum dan cara mencegah hambatan dalam proses penegakan hukum. Keprihatinan penulis tentang penegakan hukum berdasarkan pendekatan sosiologis oleh Swingewood and Laurenson. Penelitian ini termasuk dalam penelitian kualitatif. Data primer dari penelitian ini adalah novel karya John Grisham berjudul The Racketeer yang diterbitkan pada tahun 2012, sementara data sekunder dari penelitian ini diambil dari beberapa essay, kritik, komentar, informasi sejarah, biodata John Grisham, website, internet dan beberapa informasi lain. Peneliti menarik tiga kesimpulan dalam penelitian ini. Pertama adalah masalah yang timbul dalam penegakan hukum terdiri dari perlakuan yang tidak adil, tidak cukup bukti dan administrasi yang tidak profesional. Kedua adalah yang berdiri melawan penegak hukum adalah pengacara yang tidak jujur, agen FBI, hakim yang korup, dan jaksa yang korup. Ketiga adalah cara mencegah hambatan dalam proses penegakan hukum adalah dengan bukti yang kuat dan menerapkan kedisiplinan dari masing-masing petugas hukum. -
Print Bio To
Stephen D. Susman (1941 – 2020) Former Managing Partner Houston (713) 478-6444 [email protected] Overview STEPHEN D. SUSMAN, P.C., born Houston, Texas; admitted to Bars of Texas, District of Columbia, New York, and Colorado. Steve Susman was a titan. His professional success can be measured in many ways: his founding and building of the premier litigation boutique, Susman Godfrey; his extraordinary record of winning complex, high-profile cases for both plaintiffs and defendants, large and small; the number of young lawyers he mentored, molded, encouraged, and believed in; and his personal crusade to enhance and preserve civil jury trials. He accumulated almost countless professional honors and awards over a legal career that spanned 55 years. He had a deep-rooted commitment to justice and the rule of law. Career History The Early Years A native Houstonian from a highly respected family of lawyers, Susman worked his way through Yale University, graduating magna cum laude in 1962. Returning to his home state and the University of Texas Law School, he served as Editor-in-Chief of the Law Review and graduated first in his class, with the highest-grade point average in the school’s history at that time. After serving as a law clerk to The Honorable John R. Brown of the Fifth Circuit Court of Appeals, Susman clerked for then-United States Supreme Court Justice Hugo Black. A biography of Justice Black revealed that Susman was the first law clerk whom Black trusted to draft opinions for him. Early in his career, Susman joined a large Houston-based firm, quickly rising through the ranks to become a partner. -
Characteristics of the Hard-Boiled Detective in John Grisham's Novel the Firm and Their Translations by Romualdas Petraitis and Jonas Čeponis
CHARACTERISTICS OF THE HARD-BOILED DETECTIVE IN JOHN GRISHAM'S NOVEL THE FIRM AND THEIR TRANSLATIONS BY ROMUALDAS PETRAITIS AND JONAS ČEPONIS By Lina Stanevi čiūtė Vytautas Magnus University Department of English Philology Master of Arts Thesis Supervisor: Assoc. Prof. Dr. Ingrida Žindžiuvien ė 17 May 2010 TABLE OF CONTENTS SANTRAUKA ………………………………………………………………………………………..….4 SUMMARY………………………………………………………………………………………..…….5 1 INTRODUCTION ……………………………………………………………………..………...……6 2 FEATURES OF THE HARD-BOILED DETECTIVE………….………………….………....……9 2.1 Prevalent themes in the hard-boiled detective………………..………………..…….……………11 2.2 Specific features of plot structure…………………………………………………..……….…….13 2.3 Character set in the hard-boiled detective..............................................................................….....15 2.4 The importance of place and time……………………………………………….……..…....……23 2.5 Movement: physical and psychological………………………………………….………........…..25 2.6 Characteristic features of language………………………………………………….………...…..26 3 A LEGAL THRILLER AS A BRANCH / SUBGENRE OF THE HARD-BOILED DETECTIVE …………………………………………………………………………………..……..28 4 FEATURES OF THE HARD-BOILED DETECTIVE IN THE NOVEL THE FIRM BY JOHN GRISHAM AND THEIR LITHUANIAN TRANSLATIONS BY ROMUALDAS PETRAITIS (1997) AND JONAS ČEPONIS (2008) ...............................................................................................34 4.1 Themes of the novel………………………………………………………..……………..…….34 4.2 Plot structure………………………………………………………………..…………..………37 4.3 Character set in the novel…………………………………………………………..…..……….39