Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 17 of 17

Full-Text Articles in Entire DC Network

Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman Dec 2002

Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman

Deborah M. Weissman

The article examines the tension between the principles of the Rule of Law and cultural norms of self-sufficiency. It begins by reviewing the principles of the Rule of Law as an ideal, the pursuit of which has led to historical efforts to meet the legal needs of the poor. It then examines recent legal events including federal statutory changes, three Supreme Court cases, and a federal circuit court case which have limited legal resources for those who cannot pay. The article then examines these developments in the context of a sea-change in the political environment of the nation, coinciding with …


The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver Oct 2002

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver

Carole Silver

This article contriubtes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of foreign lawyers in U.S. law schools and law firms. It analyzes the interaction between foreign-educated lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with foreign-educated lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 foreign-educated lawyers who were working in New York during 1999 and 2000. The various roles …


Rock-Salting The Slippery Slope: Why Same-Sex Marriage Is Not A Commitment To Polygamous Marriage, James M. Donovan Aug 2002

Rock-Salting The Slippery Slope: Why Same-Sex Marriage Is Not A Commitment To Polygamous Marriage, James M. Donovan

James M. Donovan

E.J. Graff has documented how any change in the marriage rules inevitably leads to predications of apocalyptic cries warning of "death of marriage and civilization itself." The conservative fit over the possibility of the social acceptance of same-sex marriage therefore has an ancient if repetitive script. Still, the "threat" of same-sex marriage poses for conservatives at least one atypical wrinkle. Unlike discussions of equal or even greater rancor, that raging over same-sex marriage forces its opponents to treat with special delicacy. In the case of abortion, opponents are able to argue in absolute terms: abortion is wrong, period, even if …


Rock-Salting The Slippery Slope: Why Same-Sex Marriage Is Not A Commitment To Polygamous Marriage, James M. Donovan Aug 2002

Rock-Salting The Slippery Slope: Why Same-Sex Marriage Is Not A Commitment To Polygamous Marriage, James M. Donovan

Law Faculty Scholarly Articles

E.J. Graff has documented how any change in the marriage rules inevitably leads to predications of apocalyptic cries warning of "death of marriage and civilization itself." The conservative fit over the possibility of the social acceptance of same-sex marriage therefore has an ancient if repetitive script. Still, the "threat" of same-sex marriage poses for conservatives at least one atypical wrinkle. Unlike discussions of equal or even greater rancor, that raging over same-sex marriage forces its opponents to treat with special delicacy. In the case of abortion, opponents are able to argue in absolute terms: abortion is wrong, period, even if …


Truthfulness And Honesty Among American Lawyers: Perception, Reality, And The Professional Reform Initiative, W. William Hodes Apr 2002

Truthfulness And Honesty Among American Lawyers: Perception, Reality, And The Professional Reform Initiative, W. William Hodes

South Carolina Law Review

No abstract provided.


The Internet, Regulation And The Market For Loyalties: An Economic Analysis Of Transborder Information Flow, Paul D. Callister Apr 2002

The Internet, Regulation And The Market For Loyalties: An Economic Analysis Of Transborder Information Flow, Paul D. Callister

Paul D. Callister

As the Internet has gained prevalence, attention has turned to its regulation. Indeed, regulation proves to be a unique and complex problem, given the Internet's lack of traditional borders and boundaries. Highlighting possible avenues of regulation, the author discusses neo-classical economic theory, specifically Monroe E. Price's "market for loyalties" theory. Although originally applied to the regulation of broadcasting, the author contends that the "market for loyalties" theory can also be applied to the Internet. Building on Professor Price's pioneering analysis, the article extends the theory to examine market elasticity's effect on the loss of monopoly control over information flow (as …


Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers (With P. Hannaford), Ronald W. Staudt Mar 2002

Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers (With P. Hannaford), Ronald W. Staudt

All Faculty Scholarship

No abstract provided.


Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers (With P. Hannaford), Ronald W. Staudt Mar 2002

Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers (With P. Hannaford), Ronald W. Staudt

Ronald W Staudt

No abstract provided.


Empathy, Spring, And Fervorino, Susan Bennett Jan 2002

Empathy, Spring, And Fervorino, Susan Bennett

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Legitimizing The Imprisonment Of Poor Debtors: Lawyers, Legislators, Judges, Ron Harris Jan 2002

Legitimizing The Imprisonment Of Poor Debtors: Lawyers, Legislators, Judges, Ron Harris

Ron Harris

This path-breaking collection of essays on the history of Israel from a legal perspective, brings together the work of many distinguished Israeli legal historians. It focuses primarily on the impact of colonialism, nationalism and socialism on the law of Palestine and Israel between 1917 and 1967 and the topics examined in detail include: the role of law in the shaping of mandatory society, law and the Israeli-Palestinian conflict, Israeli courts, the holocaust and the interaction of law and class in mandatory Palestine and Israel. The book also contains important historiographical essays by leading American legal historians, who offer reflections on …


The Public And The Private In International Trade Litigation, Gregory C. Shaffer Jan 2002

The Public And The Private In International Trade Litigation, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.


Learning More Than Law From Maryland Decisions, Ian Gallacher Jan 2002

Learning More Than Law From Maryland Decisions, Ian Gallacher

Ian Gallacher

This short article describes the fight for freedom waged in Maryland's courts during the 1850s by two slaves, known only as Jerry and Anthony. Although their owner intended to free them, and the other slaves on his plantation, when he died, his son had his father's will declared invalid and the slaves brought a legal action to force their freedom. Although remembered in Maryland law as one of the first cases to discuss intra-state transfer from one jurisdiction to another, and although acting as Maryland's first published civil rights class action, the case also has a great deal to teach …


The Grave New World Of Terrorism: A Lawyer's View, James A. R. Nafziger Jan 2002

The Grave New World Of Terrorism: A Lawyer's View, James A. R. Nafziger

Denver Journal of International Law & Policy

No abstract provided.


Post-Reconstruction Justice: The Prosecution And Trial Of Francis Lewis Cardozo, W. Lewis Burke Jan 2002

Post-Reconstruction Justice: The Prosecution And Trial Of Francis Lewis Cardozo, W. Lewis Burke

South Carolina Law Review

No abstract provided.


The Roles Of Litigation, Stephen B. Burbank Jan 2002

The Roles Of Litigation, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.


Clarence Thomas After Ten Years: Some Reflections, Stephen Wermiel Jan 2002

Clarence Thomas After Ten Years: Some Reflections, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Mdp Challenge In The Context Of Globalization, Carole Silver, Bryant Garth Dec 2001

The Mdp Challenge In The Context Of Globalization, Carole Silver, Bryant Garth

Carole Silver

No abstract provided.