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Trial And Error: Lawyers And Nonlawyer Advocates, Anna E. Carpenter, Alyx Mark, Colleen Shanahan 2016 University of Tulsa College of Law

Trial And Error: Lawyers And Nonlawyer Advocates, Anna E. Carpenter, Alyx Mark, Colleen Shanahan

Anna E. Carpenter

Nonlawyer advocates are one proposed solution to the access to justice crisis and are currently permitted to practice in some civil justice settings. Theory and research suggest nonlawyers might be effective in some civil justice settings, yet we know very little, empirically, about nonlawyer practice in the United States. Using data from more than 5,000 unemployment insurance appeal hearings and interviews with lawyers and nonlawyers, this article explores how both types of representatives learn to do their work and what this means for their effectiveness. Building on recent research regarding the importance of procedural knowledge and relational expertise as ...


A Case Study On Court Of Appeals Finality, Michael Nolan 2016 New York Court System

A Case Study On Court Of Appeals Finality, Michael Nolan

Michael J. Nolan

The article illustrates the New York Court of Appeals jurisdictional requirement of finality by tracing the history of a case in which leave to appeal was sought, and dismissed, 5 separate times.


Actions Speak Louder Than Images: The Use Of Neuroscientific Evidence In Criminal Cases, Stephen J. Morse 2016 University of Pennsylvania Law School

Actions Speak Louder Than Images: The Use Of Neuroscientific Evidence In Criminal Cases, Stephen J. Morse

Faculty Scholarship

This invited commentary for Journal of Law & the Biosciences considers four empirical studies previously published in the journal of the reception of neuroscientific evidence in criminal cases in the United States, Canada, England and Wales, and the Netherlands. There are conceded methodological problems with all, but the data are nonetheless instructive and suggestive. The thesis of the comment is that the courts are committing the same errors that have bedeviled the reception of psychiatric and psychological evidence. There is insufficient caution about the state of the science, and more importantly, there is insufficient understanding of the relevance of the neuroscientific ...


Homer Simpson Meets The Rule Against Perpetuities: The Controversial Use Of Pop-Culture In Legal Writing Pedagogy, Louis N. Schulze Jr. 2016 Florida International University College of Law

Homer Simpson Meets The Rule Against Perpetuities: The Controversial Use Of Pop-Culture In Legal Writing Pedagogy, Louis N. Schulze Jr.

Louis N. Schulze, Jr

Imagine that you have returned to your first year of law school. In your legal writing course, you are required to finish the year with an extensive brief analyzing a legal problem. After months in your doctrinal courses dealing with mind-bending legal issues such as liquidated damages, substantive due process, felony murder, personal jurisdiction, and shifting executory interests, you are ready to sink your teeth into a challenging legal writing assignment. You want to show your stuff and prove that your writing is law review caliber. Your assignment starts as follows: Greenacre is a parcel of land bounded on three ...


Constitutional Law - Rights Of Aliens - Citizenship As A Requirement For Admission To The Bar Is A Violation Of Equal Protection, John L. Scott 2016 University of Georgia School of Law

Constitutional Law - Rights Of Aliens - Citizenship As A Requirement For Admission To The Bar Is A Violation Of Equal Protection, John L. Scott

Georgia Journal of International & Comparative Law

No abstract provided.


“Criminal Records” - A Comparative Approach, Sigmund A. Cohn 2016 University of Georgia School of Law

“Criminal Records” - A Comparative Approach, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Foreign Affairs And The Constitution. By Louis Henkin. Mineola, N.Y.: The Foundation Press, 1972. Pp. 553. $11.50., Carl Marcy 2016 Senate Committee on Foreign Relations

Book Review: Foreign Affairs And The Constitution. By Louis Henkin. Mineola, N.Y.: The Foundation Press, 1972. Pp. 553. $11.50., Carl Marcy

Georgia Journal of International & Comparative Law

No abstract provided.


International Fisheries Regulation, John P. Rivers 2016 University of Georgia School of Law

International Fisheries Regulation, John P. Rivers

Georgia Journal of International & Comparative Law

No abstract provided.


The International Court And South West Africa: Latest Phase, Antony J.M. Zuijdwijk 2016 University of Toronto

The International Court And South West Africa: Latest Phase, Antony J.M. Zuijdwijk

Georgia Journal of International & Comparative Law

No abstract provided.


Erdos V. United States: Expansion Of Extraterritoriality And Revival Of Exterritoriality, Gary I. Strausberg 2016 George Washington University

Erdos V. United States: Expansion Of Extraterritoriality And Revival Of Exterritoriality, Gary I. Strausberg

Georgia Journal of International & Comparative Law

No abstract provided.


Imagined Identities: Defining The Racial Group In The Crime Of Genocide, Carola Lingaas 2016 University of Oslo

Imagined Identities: Defining The Racial Group In The Crime Of Genocide, Carola Lingaas

Genocide Studies and Prevention: An International Journal

The provisions on genocide protect four exclusive, amongst others the racial, groups. Yet, international criminal tribunals are manifestly uncomfortable with collective groupings and interpret ‘race’ rather inconsistently. Nevertheless, there is a tendency to a subjective approach based upon the perpetrator’s perception of the targeted group. The victim’s membership is accordingly not determined objectively, but by the perception of differentness. This article incorporates the theory of imagined identities into law, thereby providing tribunals with a tool to define ‘race’. Its essence is that even if the group does not exist, it must be granted protection because of its perceived ...


Compensation's Role In Deterrence, Russell M. Gold 2016 NYU School of Law

Compensation's Role In Deterrence, Russell M. Gold

New York University Law and Economics Working Papers

There are plenty of non-economic reasons to care whether victims are compensated in class actions. The traditional law and economics view, however, is that when individual claim values are small, there is no reason to care whether victims are compensated. Deterring wrongdoing is tort law’s primary economic objective. And on this score, law and economics scholars contend that only the aggregate amount of money that a defendant expects to pay affects deterrence. They say that it does not matter for deterrence purposes how that money is split between victims, lawyers, and charities. This Article challenges that claim about achieving ...


Law Enforcement As Political Question, Zachary S. Price 2016 University of California Hastings College of the Law

Law Enforcement As Political Question, Zachary S. Price

Notre Dame Law Review

Across a range of contexts, federal courts have crafted doctrines that limit judicial secondguessing of executive nonenforcement decisions. Key case law, however, carries important ambiguities of scope and rationale. In particular, key decisions have combined rationales rooted in executive prerogative with concerns about nonenforcement’s “unsuitability” for judicial resolution. With one nonenforcement initiative now before the Supreme Court and other related issues percolating in lower courts, this Article makes the case for the latter rationale. Judicial review of nonenforcement, on this account, involves a form of political question, in the sense of the “political question doctrine”: while executive officials hold ...


The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson 2016 California State University - San Bernardino

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government ...


Compensation's Role In Deterrence, Russell M. Gold 2016 NYU School of Law

Compensation's Role In Deterrence, Russell M. Gold

New York University Public Law and Legal Theory Working Papers

There are plenty of non-economic reasons to care whether victims are compensated in class actions. The traditional law and economics view, however, is that when individual claim values are small, there is no reason to care whether victims are compensated. Deterring wrongdoing is tort law’s primary economic objective. And on this score, law and economics scholars contend that only the aggregate amount of money that a defendant expects to pay affects deterrence. They say that it does not matter for deterrence purposes how that money is split between victims, lawyers, and charities. This Article challenges that claim about achieving ...


A Day In Court For Data Breach Plaintiffs: Preserving Standing Based On Increased Risk Of Identity Theft After Clapper V. Amnesty International Usa, Thomas Martecchini 2016 University of Michigan Law School

A Day In Court For Data Breach Plaintiffs: Preserving Standing Based On Increased Risk Of Identity Theft After Clapper V. Amnesty International Usa, Thomas Martecchini

Michigan Law Review

Following a data breach, consumers suffer an increased risk of identity theft because of the exposure of their personal information. Limited protection by data-breach statutes has made it difficult for consumers to seek compensation for these injuries and penalize the companies that fail to protect their information, leading consumers to bring common law claims in court. Yet courts have disagreed about whether an increased risk of identity theft qualifies as an injury-in-fact under Article III standing principles: the Seventh and Ninth Circuits have approved of increased risk standing, while the Third Circuit has rejected it. The Supreme Court has further ...


When Loss Of Legal Custody Is Like An Indeterminate Prison Sentence: Ohio's Elimination Of Indigent Parents' Right To Court Appointed Counsel In Civil Custody Suits, Renee Brunett 2016 University of Cincinnati College of Law

When Loss Of Legal Custody Is Like An Indeterminate Prison Sentence: Ohio's Elimination Of Indigent Parents' Right To Court Appointed Counsel In Civil Custody Suits, Renee Brunett

University of Cincinnati Law Review

No abstract provided.


Contracts - Jurisdiction - Absent A Strong Showing Of Unreasonableness Or Undue Influence, Parties’ Contractual Selection Of Forum In International Transactions Will Be Valid And Enforceable, Shelley Himel 2016 University of Georgia School of Law

Contracts - Jurisdiction - Absent A Strong Showing Of Unreasonableness Or Undue Influence, Parties’ Contractual Selection Of Forum In International Transactions Will Be Valid And Enforceable, Shelley Himel

Georgia Journal of International & Comparative Law

No abstract provided.


The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris 2016 University of Georgia School of Law

The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris

Georgia Journal of International & Comparative Law

No abstract provided.


English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye 2016 University of Ife Nigeria

English Matrimonial Cruelty Law In Nigeria: Dead Or Alive?, D. A. Ijalaye

Georgia Journal of International & Comparative Law

No abstract provided.


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