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Articles 61 - 73 of 73
Full-Text Articles in Law
Grades Matter; Legal Writing Grades Matter Most, Jessica L. Clark
Grades Matter; Legal Writing Grades Matter Most, Jessica L. Clark
GW Law Faculty Publications & Other Works
In this study of 380 students in a law school’s 2011 graduating class, the data demonstrates a strong correlation between high performance in legal writing courses and high performance in non-legal writing courses. There is also a strong correlation at the opposite end: low performers in legal writing courses are low performers in non-legal writing courses. This article provides the hard data to support the significance of writing skills by demonstrating the correlation between performance in legal writing courses and performance in other law school courses by comparing grades and Grade Point Averages (GPAs). Of course grades and GPA data …
Digital Planning: The Future Of Elder Law, Naomi R. Cahn
Digital Planning: The Future Of Elder Law, Naomi R. Cahn
GW Law Faculty Publications & Other Works
More than half of individuals over the age of 65 use the Internet or e-mail — and they are a fast-growing population on the Internet. Like most people, however, they have probably not considered how to dispose of their digital life if they become incapacitated or when they die, even though they are in the most likely age group to have drafted a will. Indeed, even if they do engage in planning, they cannot be confident that their wishes will be carried out: only a few states have laws covering probate and digital assets, there is no generally accepted method …
§ 5:33 Waiver Of Privilege — Voluntary Disclosure Or Failure To Claim, Laird Kirkpatrick, Christopher B. Mueller
§ 5:33 Waiver Of Privilege — Voluntary Disclosure Or Failure To Claim, Laird Kirkpatrick, Christopher B. Mueller
GW Law Faculty Publications & Other Works
Evidence subject to the attorney-client privilege is protected against compelled discovery or disclosure. However, the privilege can be waived if the client who holds the privilege (or the attorney acting on his behalf) fails to claim the privilege or voluntarily discloses the subject matter of the privileged communication. This Section discusses the law governing privilege waiver by voluntary disclosure or failure to claim the privilege.
The World Is Not Flat: Conference Planning And Presentation As Part Of A Multidimensional Understanding Of Scholarship, Iselin Magdalene Gambert, Karen Thornton, Amy R. Stein
The World Is Not Flat: Conference Planning And Presentation As Part Of A Multidimensional Understanding Of Scholarship, Iselin Magdalene Gambert, Karen Thornton, Amy R. Stein
GW Law Faculty Publications & Other Works
Scholarship. For many academics, the word is filled with a combination of excitement, anticipation, obligation, and dread. Academics are expected to reliably produce scholarship, much like sculptors are expected to produce art, baristas cappuccinos, and stockbrokers profits. While “scholarship” has perhaps traditionally been viewed as strictly words on a page, some scholars view it to be a multidimensional enterprise, something that encompasses the many aspects of the life of a scholar. The idea of scholarship as comprising more than just the generation of a tangible written product is taken up in Maksymilian Del Mar’s Living Legal Scholarship, which asserts “five …
Voice Identification Experts, Stephen A. Saltzburg
Voice Identification Experts, Stephen A. Saltzburg
GW Law Faculty Publications & Other Works
This article examines United States v. Schiro, 679 F.3d 521 (7th Cir. 2012) and the issue of reliability of voice identification or "earwitness identification." Given that mistaken eyewitness identification is a major contributor to wrongful convictions, courts should instruct jurors of the frequency of voice identification mistakes. In addition, jurors should be educated as to factors that promote or detract from accuracy. Jurors should be instructed to examine identification testimony carefully.
Child Testimony And The Right To Present A Defense, Stephen A. Saltzburg
Child Testimony And The Right To Present A Defense, Stephen A. Saltzburg
GW Law Faculty Publications & Other Works
This article discusses the importance of a child's testimony in a criminal prosecution by examining Harris v. Thompson, 698 F.3d 609 (7th Cir. 2012). In this case, a child's testimony was excluded, violating the defendant's right to present a complete defense.
Natural Gas Fracking Addresses All Of Our Major Problems, Richard J. Pierce Jr
Natural Gas Fracking Addresses All Of Our Major Problems, Richard J. Pierce Jr
GW Law Faculty Publications & Other Works
Politicians and regulators all over the world are debating the merits and demerits of horizontal drilling and fracturing of shale formations to produce natural gas (fracking) and the many legal issues that are raised by fracking. Professor Pierce provides context for those debates by describing the economic, environmental, and geopolitical advantages of fracking.
Emerging Policy And Practice Issues (2012), Steven L. Schooner, David J. Berteau
Emerging Policy And Practice Issues (2012), Steven L. Schooner, David J. Berteau
GW Law Faculty Publications & Other Works
This paper, presented at the West Government Contracts Year in Review Conference (covering 2012), attempts to identify the key trends and issues for 2013 in U.S. federal procurement. Budgetary and financial insecurity emerge as the most significant emerging issues in government contracting. Consistent with prior practice, this chapter offers extensive coverage of the federal procurement spending trend and attempts to predict what lies ahead. Among other things, it discusses the pending sequestration, procurement spending rates, agency purchasing data (particularly at the Defense Department, Department of Homeland Security, and the Department of State and the Agency for International Development), grants spending, …
Privacy Self-Management And The Consent Dilemma, Daniel J. Solove
Privacy Self-Management And The Consent Dilemma, Daniel J. Solove
GW Law Faculty Publications & Other Works
The current regulatory approach for protecting privacy involves what I refer to as “privacy self-management” — the law provides people with a set of rights to enable them to decide how to weigh the costs and benefits of the collection, use, or disclosure of their information. People’s consent legitimizes nearly any form of collection, use, and disclosure of personal data.
Although privacy self-management is certainly a necessary component of any regulatory regime, I contend in this Article that it is being asked to do work beyond its capabilities. Privacy self-management does not provide meaningful control. Empirical and social science research …
The Financing Of Small Businesses: A Functional Analysis Of Three Legal Models, John Andrew Spanogle Jr.
The Financing Of Small Businesses: A Functional Analysis Of Three Legal Models, John Andrew Spanogle Jr.
GW Law Faculty Publications & Other Works
This paper discusses the three legal regimes which furnish models of laws designed to promote the use of moveables and intangibles to finance small businesses. One is the nantissement de fonds de commerce, a device used in the French law which creates a mortgage on a business - or at least some parts of it. The second is the registered charge of the European Bank's Model Law on Secured Transactions, which is modeled in large part on the English financing device called a floating charge. The third is the North American security interest used in Article 9 of the Uniform …
The Long, Lingering Shadow: Slavery, Race, And Law In The American Hemisphere (Introduction), Robert J. Cottrol
The Long, Lingering Shadow: Slavery, Race, And Law In The American Hemisphere (Introduction), Robert J. Cottrol
GW Law Faculty Publications & Other Works
This essay is the introduction to the recently published book, The Long, Lingering Shadow: Slavery, Race , and Law in the American Hemisphere (University of Georgia Press, 2013). Students of American history know of the law’s critical role in developing a system of racial hierarchy in the United States. The Long, Lingering Shadow shows that this history is best appreciated in a comparative perspective. The volume looks at the parallel legal histories of race relations in the United States, Brazil, and Spanish America. It takes the reader on a journey that begins with the origins of New World slavery in …
The Impact Of Gender On Negotiation Performance, Charles B. Craver
The Impact Of Gender On Negotiation Performance, Charles B. Craver
GW Law Faculty Publications & Other Works
Individuals occasionally assume that women cannot negotiate as effectively as men, and when persons in positions of authority have such thoughts, it may induce them to discriminate against women when making employment decisions. In this article we explore the way in which men and women interact with others and the possible impact of behaviorial differences on negotiation performance. I describe how my Legal Negotiation course is taught, and compare the results achieved by men and women on the negotiation exercises assigned in my course. Over the past sixteen years, I have not had a single year in which there has …
Deferred Prosecutions And Corporate Governance: An Integrated Approach To Investigation And Reform, Lawrence A. Cunningham
Deferred Prosecutions And Corporate Governance: An Integrated Approach To Investigation And Reform, Lawrence A. Cunningham
GW Law Faculty Publications & Other Works
When evaluating how to proceed against a corporate investigative target, law enforcement authorities often ignore the target’s governance arrangements, while subsequently negotiating or imposing governance requirements, especially in deferred prosecution agreements. Ignoring governance structures and processes amid investigation can be hazardous and implementing improvised reforms afterwards may have severe unintended consequences—particularly when prescribing standardized governance devices. Drawing, in part, on new lessons from three prominent cases—Arthur Andersen, AIG and Bristol-Myers Squibb—this Article criticizes prevailing discord and urges prosecutors to contemplate corporate governance at the outset and to articulate rationales for prescribed changes. Integrating the role of corporate governance into prosecutions …