Nonrefundable Retainers: Impermissible Under Fiduciary, Statutory and Contract Law

Since the New York Court of Appeals banned nonrefundable retainers, numerous other courts have joined in prohibiting this widespread practice of lawyers charging a fee for services in advance and keeping the fee even if the services are not performed. This may reflect increased judicial recognition of the effect of egregious fee practices on the image of the bar and the role such practices play in the declining esteem in which the legal profession is held. Among the more provocative contributors to this ongoing debate, Professor Steven Lubet recently reviewed our work advocating the ban against nonrefundable retainers and posed a number of questions about the per se prohibition against them. In this Article, we respond to Professor Lubet\u27s questions as well as to those posed by other scholars. In Part I, we discuss the client discharge right, the cornerstone upon which the absolute ban on nonrefundable retainers rests, and respond to a series of arguments concerning its meaning, how it may be impaired, and whether it may be waived. In Part II, we show that legitimate purposes that may be served by nonrefundable retainers cannot avoid impairing the client discharge right, but that other fee arrangements that do not impair that right can easily be designed to serve some of those ends. In Part III, we extend an invitation to address the issues we have identified to all those who believe that a per se ban against nonrefundable retainers is unnecessary to prevent the abuses they generate. We have previously extended this invitation to devise a less inclusive rule that would in a practical and self-effectuating way prohibit the abuses while permitting the attainment of legitimate purposes. Unfortunately for the debate, however, none of the participants have accepted this invitation. We therefore think it bears repeating

Letter from Mary Rosa, Wellesley, Massachusetts, to her mother, 1911 January 24

Letter to mother about student government elections, attending the French Play, receiving an invitation to tea with upperclasswomen, and purchasing new clothing.https://repository.wellesley.edu/studentcorrosa/1199/thumbnail.jp

The Role of National Parliaments in European Decision-Making

National parliaments can be considered as victims of the European integration process. National parliaments ceded legislative powers to the EU and often lost leverage over their national executive branch, which continued to play a central role in EU decision-making. Different domestic parliamentary scrutiny systems have been established to enhance parliamentary involvement and control over EU affairs. In 2006 the Barroso Commission provided an additional impetus for parliaments to get involved, by offering to transmit its policy proposals directly to national parliaments with an open invitation to comment on them. The Lisbon Treaty foresees the possibility that national parliaments carry out subsidiarity checks on policy proposals. This paper argues that the different national and European provisions for parliamentary involvement do not amount to much. However, if we consider the combined effect of the different avenues in a dynamic perspective, they might jointly trigger a reassertion of national parliamentary influence in the European policy process

More Strength for Contemplation: Spiritual Play in the Amsterdam Holy Kinship

Three children play at the center of the Amsterdam Holy Kinship, which is attributed to Geertgen tot Sint Jans or his workshop. This seemingly quotidian subject is remarkable because it shows future martyrs engaged in a game of make-believe using the implements of their torments. In this paper, I argue that the activity occupying the boys offers an invitation to spiritual play that addressed viewers and asked them to find joy in the promise of God\u27s divine mercy and justice despite life\u27s hardships. Given the subject matter and the identity of the artist\u27s primary employer, it is probable that the audience included the Knights of St. John Hospitaller, an order of crusading monks, also known as the Johanniters, in Haarlem. The invitation offered in the panel not only addressed the daily work of being a monk but also offered encouragement to the Haarlem knights during a controversial period

Pet Therapy Use in Pediatric Hospitals: an Internet Based Pilot Study

Introduction: In a technologically advanced health care system, health care providers continue to care for the physical, emotional, and spiritual well being of their patients. Alternative therapies, such as massage, music, and aroma therapy, are often included in such holistic care. Pet therapy is another form of alternative therapy that appears to be beneficial. Method: Child life coordinators and play therapists from 100 pediatric hospitals in 44 U.S. states were sent an email invitation to participate in the study by completing an online survey. Results: From the children\u27s hospitals responding, it appears that pet therapy is used in the majority of the settings, and with most age groups, excluding infants. The majority of respondents had favorable attitudes towards pet therapy, although the preliminary data show a lack of knowledge about pet therapy among health care providers. Discussion: Pet therapy is used in various hospital settings; more research is required to provide data that support the effects of pet therapy use with hospitalized children

Desingularization in Computational Applications and Experiments

After briefly recalling some computational aspects of blowing up and of representation of resolution data common to a wide range of desingularization algorithms (in the general case as well as in special cases like surfaces or binomial varieties), we shall proceed to computational applications of resolution of singularities in singularity theory and algebraic geometry, also touching on relations to algebraic statistics and machine learning. Namely, we explain how to compute the intersection form and dual graph of resolution for surfaces, how to determine discrepancies, the log-canoncial threshold and the topological Zeta-function on the basis of desingularization data. We shall also briefly see how resolution data comes into play for Bernstein-Sato polynomials, and we mention some settings in which desingularization algorithms can be used for computational experiments. The latter is simply an invitation to the readers to think themselves about experiments using existing software, whenever it seems suitable for their own work.Comment: notes of a summer school talk; 16 pages; 1 figur

Searching for Methodology: Feminist Relational Materialism and the Teacher-Student Writing Conference

Using feminist relational materialism as a theoretical map, this paper seeks to reimage traditional case study methodology through the use of diffractive methodology. Reading and writing data diffractively is to refuse to privilege teacher and student talk and to instead study how material-discursive practices intra-act as phenomenon. To do this, we developed question-sets based upon Barad’s (2007) work to interrupt our habits of thinking in regard to a teacher-student writing conference. These question sets provoke our thinking with data from fourth grade teacher-student writing conferences. We play with diffractive methodology highlighting one teacher-student writing conference as intra-activity. Experiencing the teacher-student writing conference again (and again) the question-sets diffract a response and a response diffracts the question-sets, calling us to a continuous becoming, an ethical consideration of how our research and teaching practices matter. We are left wondering if there is a methodology to search for or if methodology is an invitation to an ongoing performance, to join a dance of-the-world, in a constant making and re-making and wondering of what might be

At work and play; business events as entrepreneurial spaces

There is inadequate literature examining, and illustrating, the integration of play and business events and how this facilitates entrepreneurial opportunities. Business events are distinct from the patterns of ordinary life and increasingly offer participants an ‘invitation to play’, encouraging socialization and trust. This article examines the role of play in the design of business events and how this can enable entrepreneurial outcomes. Through examination of diverse, but related, literature and three contrasting, empirically based, case studies, this article illustrates how event creators take an increasingly entrepreneurial approach. These cases range from a charity event with participants sleeping with the homeless on a city’s streets, a major flooring manufacturer designing events to outsource innovation and an imaginative event activity termed ‘coffee and papers’. Designing events that fuse, rather than polarize, play and work enables business event settings, and activities, which trigger entrepreneurial outcomes. This article adds to the embryonic literature and concludes by identifying four principles that underlie the effectual facilitation of play in a business event setting

Automatic programming methodologies for electronic hardware fault monitoring

This paper presents three variants of Genetic Programming (GP) approaches for intelligent online performance monitoring of electronic circuits and systems. Reliability modeling of electronic circuits can be best performed by the Stressor - susceptibility interaction model. A circuit or a system is considered to be failed once the stressor has exceeded the susceptibility limits. For on-line prediction, validated stressor vectors may be obtained by direct measurements or sensors, which after pre-processing and standardization are fed into the GP models. Empirical results are compared with artificial neural networks trained using backpropagation algorithm and classification and regression trees. The performance of the proposed method is evaluated by comparing the experiment results with the actual failure model values. The developed model reveals that GP could play an important role for future fault monitoring systems.This research was supported by the International Joint Research Grant of the IITA (Institute of Information Technology Assessment) foreign professor invitation program of the MIC (Ministry of Information and Communication), Korea