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Full-Text Articles in Law

Reforming Legal Education: Law Schools At The Crossroads, Debra Curtis, David Moss Nov 2012

Reforming Legal Education: Law Schools At The Crossroads, Debra Curtis, David Moss

Faculty Scholarship

In today's volatile law school environment, curriculum reform has emerged as a significant focus. It is commonly understood that law schools effectively teach certain analytical skills, but are less successful in other areas, and often scramble to adapt to evolving aims. This book demonstrates how law schools are successfully reforming their curriculum - and lays the framework to show how all schools of law can engage in a continuous reform model that proactively shapes our profession. It is expected that faculty and professional staff engaged in legal education will utilize this book as a primary resource to guide their respective …


Nova Law Review Volume 37-2012-2013, Raul Valero, Jenna Sobelman, Rachel Bausch, Abigail Brown Oct 2012

Nova Law Review Volume 37-2012-2013, Raul Valero, Jenna Sobelman, Rachel Bausch, Abigail Brown

Law Review Mastheads

No abstract provided.


Ilsa Journal Of International And Comparative Law-Volume 19-2012-2013, Todd Wise, Jennifer Valiyi, Hillary Rosenzweig, Rina Bodner, Anca Oprea, Sylvia Cano, Kimberly Stephenson, Stephen Mervis, Rebecca Rodriguez, Yuna Scott, Robert Adams, Kenneth Louie, Sasha Stauffer Oct 2012

Ilsa Journal Of International And Comparative Law-Volume 19-2012-2013, Todd Wise, Jennifer Valiyi, Hillary Rosenzweig, Rina Bodner, Anca Oprea, Sylvia Cano, Kimberly Stephenson, Stephen Mervis, Rebecca Rodriguez, Yuna Scott, Robert Adams, Kenneth Louie, Sasha Stauffer

ILSA Journal Mastheads

No abstract provided.


Human Trafficking: Trends In Africa, Florence Shu-Acquaye Oct 2012

Human Trafficking: Trends In Africa, Florence Shu-Acquaye

Faculty Scholarship

No abstract provided.


The Legal Significance Of Adolescent Development On The Right To Counsel: Establishing The Constitutional Right To Counsel For Teens In Child Welfare Matters And Assuring A Meaningful Right To Counsel In Delinquency Matters, Michael J. Dale, Jennifer K. Pokempner, Riya Saha Shah, Mark F. Houldin, Robert G. Schwartz Jul 2012

The Legal Significance Of Adolescent Development On The Right To Counsel: Establishing The Constitutional Right To Counsel For Teens In Child Welfare Matters And Assuring A Meaningful Right To Counsel In Delinquency Matters, Michael J. Dale, Jennifer K. Pokempner, Riya Saha Shah, Mark F. Houldin, Robert G. Schwartz

Faculty Scholarship

No abstract provided.


The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg Apr 2012

The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg

Faculty Scholarship

This article is a continuation of a discussion as to why, as a matter of Florida constitutional law, public policy, and professional ethics, Florida's children need independent attorneys from the inception of all dependency and termination of parental rights cases to their completion. It is based upon events which have occurred since the authors' last article on this topic in the Nova Law Review, including the Barahona case, the resolution by the American Bar Association (ABA) in August 2011 at its Annual Convention in Toronto adopting the ABA Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency …


Outcomes Assessment And Legal Research Pedagogy, Vicenç Feliú, Helen Frazer Apr 2012

Outcomes Assessment And Legal Research Pedagogy, Vicenç Feliú, Helen Frazer

Vicenç Feliú

This article explores application of a taxonomic approach in legal research pedagogy to outcomes assessment based on Prof. Paul Callister's adaptation of Bloom's Taxonomy of Educational Objectives which integrates instructional design and learning activities compatible with formative assessment during the learning process and summative assessment at its conclusion. It reviews the development of outcomes assessment initiatives by legal educators and the development of outcomes assessment standards by the American Bar Association for the accreditation of law schools.


Mortgaging The Meme: Financing And Managing Disruptive Innovation, Jon M. Garon Jan 2012

Mortgaging The Meme: Financing And Managing Disruptive Innovation, Jon M. Garon

Jon M. Garon

Traditional financing of innovative companies emphasizes the use of patents and associated intellectual property rights to secure debt and provide assets for valuation. Although the model suffices for incremental innovation, it does not account for investments in disruptive innovation, those that undermine traditional business models, supply chains or industry relationships.Disruptive innovation can be described as the introduction of a new conceptual idea or meme into an existing system that causes the system to be fundamentally altered. Assembly lines, air conditioning, digital film, and personal computers represent such innovations, all of which led to fundamental paradigm shifts.The convergence of globalization, a …


Below Investment Grade And Above The Law: A Past, Present And Future Look At The Accountability Of Credit Rating Agencies, Marilyn Blumberg Cane, Adam Shamir, Tomas Jodar Jan 2012

Below Investment Grade And Above The Law: A Past, Present And Future Look At The Accountability Of Credit Rating Agencies, Marilyn Blumberg Cane, Adam Shamir, Tomas Jodar

Faculty Scholarship

This article covers the evolution of the credit rating industry, in particular, the noteworthy shift from purchaser-subscriber to issuer pay model. It then describes the history of SEC CRA regulatory measures, most notably the adoption of SEC Rule 436(g), adopted in 1982, which specifically eliminated liability for the big CRAs (Moody’s, Standard & Poor’s, Fitch’s and Duff and Phelps) as “experts” under Sections 7 and 11 of the Securities Act of 1933. The article then covers the Credit Rating Agency Reform Act of 2006 and the adoption of SEC Rule 17g-5 in an attempt to control conflicts of interest within …


Personal Foul...Roughing The Taxpayer: The Irs' Triple Penalty On Hardship Distributions, Michael Flynn, Craig C. Minko Jan 2012

Personal Foul...Roughing The Taxpayer: The Irs' Triple Penalty On Hardship Distributions, Michael Flynn, Craig C. Minko

Faculty Scholarship

No abstract provided.


Ptsd And Women Warriors: Causes, Controls, And A Congressional Cure, Olympia Duhart Jan 2012

Ptsd And Women Warriors: Causes, Controls, And A Congressional Cure, Olympia Duhart

Faculty Scholarship

Women comprise the fastest growing segment of the veteran population. Among the 1.8 million female veterans, more than 230,000 women have served in Iraq or Afghanistan. More than 750 women have been wounded in action; 137 have been killed. By the military’s own estimates, almost 20 percent of female veterans are returning home with Post Traumatic Stress Disorder (“PTSD”). Research suggests that women veterans returning from Iraq are more likely to report mental health concerns – including PTSD, depression and suicidal thoughts -- than their male counterparts. The prevalence of PTSD among women in the United States Armed Forces is …


California Drops The Ball: The Lack Of A Clear Approach To Recklessness In Sport Injury Litigation, Joseph Hnylka Jan 2012

California Drops The Ball: The Lack Of A Clear Approach To Recklessness In Sport Injury Litigation, Joseph Hnylka

Faculty Scholarship

Joseph Hnylka, California Drops the Ball: The Lack of a Clear Approach to Recklessness in Sport Injury Litigation, 1 Virginia Sports & Entertainment Law Journal 77 (2012).


Cluster Introduction - Education And Pedagogy - On Identity And Instruction, Olympia Duhart Jan 2012

Cluster Introduction - Education And Pedagogy - On Identity And Instruction, Olympia Duhart

Faculty Scholarship

No abstract provided.


In Memoriam: Dr. David J. Bederman (1961-2011), Robert M. Jarvis Jan 2012

In Memoriam: Dr. David J. Bederman (1961-2011), Robert M. Jarvis

Faculty Scholarship

No abstract provided.


Foreword: Doing The Hard Work, Jose R. "Beto" Juarez Jan 2012

Foreword: Doing The Hard Work, Jose R. "Beto" Juarez

Faculty Scholarship

No abstract provided.


Nova Lawyer: 2011-2012 - A Year In Review, Nova Southeastern University - Shepherd Broad Law Center Jan 2012

Nova Lawyer: 2011-2012 - A Year In Review, Nova Southeastern University - Shepherd Broad Law Center

Nova Lawyer

No abstract provided.


Immigration And National Security Law: Converging Approaches To State Power, Individual Rights, And Judicial Review, J. Hafetz Jan 2012

Immigration And National Security Law: Converging Approaches To State Power, Individual Rights, And Judicial Review, J. Hafetz

ILSA Journal of International & Comparative Law

Since the September 11, 2001 terrorist attacks, national security law has exploded as a field of study.


Desde Quisqueya Hacia Borinquena: Experience And Visibility Of Immigrant Dominican Women In Puerto Rico: Violence, Lucha And Hope In Their Own Voices, Sheila I. Velez Martinez Jan 2012

Desde Quisqueya Hacia Borinquena: Experience And Visibility Of Immigrant Dominican Women In Puerto Rico: Violence, Lucha And Hope In Their Own Voices, Sheila I. Velez Martinez

ILSA Journal of International & Comparative Law

According to the United Nations, (U.N.) more than 1.5 million Dominicans have migrated from the Island of La Espatiola, most living in the United States.


Disasters And Land Use Law: The Spanish Case In The European Union Legal Framework, Julio Ponce Jan 2012

Disasters And Land Use Law: The Spanish Case In The European Union Legal Framework, Julio Ponce

ILSA Journal of International & Comparative Law

Natural and man-made disasters are a major European worry, due to their increasing frequency and severity, as well as their impact on human life, destruction of economic and social infrastructures, and damage to the environment.


Is News Of "Sovereignty's Death" Exaggerated?, Itzchak Kornfeld Jan 2012

Is News Of "Sovereignty's Death" Exaggerated?, Itzchak Kornfeld

ILSA Journal of International & Comparative Law

Whether sovereignty is alive or dead may not be the appropriate question.


State And Local Regulation Of Immigration: The Need For A Bilateral (Reciprocal) Ratchet, David P. Weber Jan 2012

State And Local Regulation Of Immigration: The Need For A Bilateral (Reciprocal) Ratchet, David P. Weber

ILSA Journal of International & Comparative Law

The issue of federal preemption in the field of immigration has been swirling more and more strongly in academia, the courts, and even the public consciousness' ever since De Canas v. Bica was decided in 1976.


The Anti-Shari'a Movement And Oklahoma's Save Our State Amendment-Unconstitutional Discrimination Or Homeland Security?, Robert E. Michael Jan 2012

The Anti-Shari'a Movement And Oklahoma's Save Our State Amendment-Unconstitutional Discrimination Or Homeland Security?, Robert E. Michael

ILSA Journal of International & Comparative Law

Legislation by statute or state constitutional amendment prohibiting the application in state courts of an ill defined "Shariah Law" and/or "international law" has passed or is in the process in over twenty states.'


Expansive Reach-Useless Guidance: An Introduction To The U.K. Bribery Act 2010, Bruce W. Bean, Emma H. Macguidwin Jan 2012

Expansive Reach-Useless Guidance: An Introduction To The U.K. Bribery Act 2010, Bruce W. Bean, Emma H. Macguidwin

ILSA Journal of International & Comparative Law

Following two decades of incessant pressure from American diplomats, in 1997, the international Organization for Economic Cooperation and Development (OECD) completed negotiation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions.


The Treaty Of Lisbon And Accession Of The European Union To The European Convention On Human Rights, Elizabeth F. Defeis Jan 2012

The Treaty Of Lisbon And Accession Of The European Union To The European Convention On Human Rights, Elizabeth F. Defeis

ILSA Journal of International & Comparative Law

The Treaty of Lisbon, adopted in December 2009, constitutes a major step in the development of the protection of Human Rights in Europe.


Who's Missing? Women With Disabilities In U.N. Security Council Resolution 1325 National Action Plans, Stephanie Ortoleva, Esq. Jan 2012

Who's Missing? Women With Disabilities In U.N. Security Council Resolution 1325 National Action Plans, Stephanie Ortoleva, Esq.

ILSA Journal of International & Comparative Law

Despite progress made through a series of United Nations Security Council Resolutions (UNSCR), beginning with the groundbreaking UNSCR 1325 in 2000,' to give women a place at the table in post-conflict peace building and reconciliation, women with disabilities are missing and ignored and have not had a role in these processes.


Responsibilty To Protect (R 2p) Comes Of Age? A Sceptic's View, John F. Murphy Jan 2012

Responsibilty To Protect (R 2p) Comes Of Age? A Sceptic's View, John F. Murphy

ILSA Journal of International & Comparative Law

As a young attorney in the Office of the Legal Adviser of the United States (U.S.) Department of State during the 1960s, I had the privilege and the pleasure of working with Don McHenry, then a young foreign service reserve officer and later U.S. Ambassador and Permanent Representative to the United Nations (U.N.).


Mr. Ban-Tear Down The U.N'S Wall Of Immunity/Impunity (Before A National Court Does)!!, Great L. Rios, Edward P. Flaherty Jan 2012

Mr. Ban-Tear Down The U.N'S Wall Of Immunity/Impunity (Before A National Court Does)!!, Great L. Rios, Edward P. Flaherty

ILSA Journal of International & Comparative Law

Immunity has been proven to be not only a living anachronism, but one which often leads to impunity for the worst kinds of rights violations.


Moudawan And Women's Rights In Morocco: Balancing National And International Law, Leila Hanafi Jan 2012

Moudawan And Women's Rights In Morocco: Balancing National And International Law, Leila Hanafi

ILSA Journal of International & Comparative Law

Morocco's 2004 Moudawana (family code) is undoubtedly a progressive piece of legislation for women in Morocco.


Transnational Surrpgacy And International Human Rights Law, Barbara Stark Jan 2012

Transnational Surrpgacy And International Human Rights Law, Barbara Stark

ILSA Journal of International & Comparative Law

Surrogacy refers to the process through which a woman intentionally becomes pregnant with a baby that she does not intend to keep.


Rule Of Law In Morocco: A Journey Towards A Better Judiciary Through The Implementation Of The 2011 Constitutional Reforms, Norman L. Greene Jan 2012

Rule Of Law In Morocco: A Journey Towards A Better Judiciary Through The Implementation Of The 2011 Constitutional Reforms, Norman L. Greene

ILSA Journal of International & Comparative Law

Judicial reform has historically been an important (but not the sole) component of rule of law reform, a decades old movement affecting the developing world, emerging (or not so emerging) democracies and post- conflict nations, and equally applicable to countries commonly identified as Western, including the United States.