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Articles 271 - 300 of 447

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Equality And Justice For Lesbian And Gay Families And Relationships, Nancy Polikoff Jan 2009

Equality And Justice For Lesbian And Gay Families And Relationships, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

In 1989, Tom Stoddard and Paula Ettelbrick, attorneys with the gay rights group Lambda Legal, published side-by-side opposing essays about whether marriage for same-sex couples should be a movement priority. Rutgers Law Review is publishing a 2009 symposium commemorating the 20th anniversary of these now-iconic essays. This article is part of that symposium. It places the Ettelbrick essay, and the groundbreaking case of Braschi v. Stahl Associates decided the same year, in the context of the gay rights movement's strong support of family diversity. It then critiques the contemporary right-wing marriage movement for blaming all social problems on family diversity/aka …


Western Europe: Last Holdout In The Worldwide Acceptance Of Clinical Legal Education, Richard J. Wilson Jan 2009

Western Europe: Last Holdout In The Worldwide Acceptance Of Clinical Legal Education, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

Clinical legal education has achieved widespread acceptance throughout the world, growing by leaps and bounds during recent decades in countries like Russia and China, and expanding rapidly in other areas of Eastern Europe, Latin America and Africa. It is, arguably, the most significant innovation in legal education since the “invention” of the Socratic-case method in the United States, at the turn of the 20th Century. There is, however, one geographic area where the philosophy and methodology of clinical legal education has been resisted. That area is Continental Western Europe (the UK has some clinics, though not widespread). This article examines …


Failure To Arrest: A Pilot Study Of Police Response To Domestic Violence In Rural Illinois , Sara R. Benson Jan 2009

Failure To Arrest: A Pilot Study Of Police Response To Domestic Violence In Rural Illinois , Sara R. Benson

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Out Of Jail... But Still Not Free To Litigate - Using Congressional Intent To Interpret 28 U.S.C. Sec. 1915(B)'S Application To Released Prisoners, Julia Colarusso Jan 2009

Out Of Jail... But Still Not Free To Litigate - Using Congressional Intent To Interpret 28 U.S.C. Sec. 1915(B)'S Application To Released Prisoners, Julia Colarusso

American University Law Review

This Comment argues that, based on the Prison Litigation Reform Act (PLRA)’s purpose and legislative history, prisoners who fulfilled the statute’s payment obligations while incarcerated should be entitled to apply for traditional in forma pauperis (IFP) status under § 1915(a)(1) upon release. Part I traces the historical development of prisoners’ right of access to the courts and its ties to the IFP doctrine. It then examines the PLRA’s many amendments to the federal IFP statute. Part II explains the divergent readings that circuit courts currently apply to § 1915(b). After analyzing the statute’s plain language and legislative history, Part III …


2007 Trademark Law Decisions Of The Federal Circuit, Susan M. Kayser, David Jaquette Apr 2008

2007 Trademark Law Decisions Of The Federal Circuit, Susan M. Kayser, David Jaquette

American University Law Review

No abstract provided.


Blocking Access To Assets: Compromising Civil Rights To Protect National Security Or Unconstitutional Infringement On Due Process And The Right To Hire An Attorney? , Danielle Stampley Feb 2008

Blocking Access To Assets: Compromising Civil Rights To Protect National Security Or Unconstitutional Infringement On Due Process And The Right To Hire An Attorney? , Danielle Stampley

American University Law Review

No abstract provided.


Prologue, Claudio Grossman Jan 2008

Prologue, Claudio Grossman

American University International Law Review

No abstract provided.


Spoiling Movi's River: Towards Recognition Of Persecutory Environmental Harm Within The Meaning Of The Refugee Convention , Carly Marcs Jan 2008

Spoiling Movi's River: Towards Recognition Of Persecutory Environmental Harm Within The Meaning Of The Refugee Convention , Carly Marcs

American University International Law Review

No abstract provided.


Ngo Update, Julie Gryce Jan 2008

Ngo Update, Julie Gryce

Human Rights Brief

No abstract provided.


How Ice Threatens The Ethical Responsibilities Of Key Players In Worksite Raids: Postville Study, Amalia Greenberg, Shanti Martin Jan 2008

How Ice Threatens The Ethical Responsibilities Of Key Players In Worksite Raids: Postville Study, Amalia Greenberg, Shanti Martin

Human Rights Brief

No abstract provided.


View From The Ivory Tower: Musings Of A Former Family Lawyer, David Spratt Jan 2008

View From The Ivory Tower: Musings Of A Former Family Lawyer, David Spratt

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith Jan 2008

Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

I was asked to present one of the keynote addresses for this important symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. I am happy to write the introductory essay for this meaningful publication which arose from that symposium. This is a particularly hospitable and appropriate environment for this publication given Rutgers University's important place in feminist scholarship and discourse - both in its graduate and undergraduate programs and in its publication arm - Rutgers University Press. Historically,the Women's Rights Law Reporter …


Clinical Legal Education And The Public Interest In Intellectual Property Law, Christine Haight Farley, Peter Jaszi, Victoria Phillips, Joshua D. Sarnoff, Ann Shalleck Jan 2008

Clinical Legal Education And The Public Interest In Intellectual Property Law, Christine Haight Farley, Peter Jaszi, Victoria Phillips, Joshua D. Sarnoff, Ann Shalleck

Scholarly Articles in Law Reviews & Journals

Clinical legal education provides a powerful methodology for students to learn about the relationships among intellectual property law theories, policies and practices; to encounter the experiences of persons who seek protection or who feel the legal regimes of intellectual property impinging on their ability to engage in educational, creative, innovative and culturally significant work; and to develop as lawyers. We describe in this article our motivations for forming an intellectual property law clinic at the American University Washington College of Law, the goals that we seek to achieve, and the tripartite pedagogical structure that we adopted - (1) a seminar …


Gender Struggles In Homosocial Settings: Reconstructing Gender And Social Equity Sustainability In Post-Colonial Societies, Bosire Maragia Jan 2008

Gender Struggles In Homosocial Settings: Reconstructing Gender And Social Equity Sustainability In Post-Colonial Societies, Bosire Maragia

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Integrating Investment Treaty Conflict And Dispute Systems Design, Susan Franck Nov 2007

Integrating Investment Treaty Conflict And Dispute Systems Design, Susan Franck

Scholarly Articles in Law Reviews & Journals

With the debate on the renewal of the Trade Promotion Authority Act, the proper terms of investment treaties - including dispute resolution provisions - have become an issue of public scrutiny. In a so-called litigation explosion, investors resolve disputes against host governments through international arbitration mechanisms in investment treaties; and there is little evidence of reliance on other processes like mediation. This escalation has lead to a teething period where parties and non-parties have expressed divergent views as to the efficacy, efficiency and fairness of the dispute resolution process. With billions of dollars and sovereignty at stake, the dispute resolution …


Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith Oct 2007

Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith

Project on Addressing Prison Rape - Articles

Brenda V. Smith was asked to present one of the keynote addresses for the symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. She then wrote the introductory essay for the publication which arose from that symposium. This essay addresses why it is imperative to reclaim the discourse about women in prison and discusses how the other papers that appear in this issue aid in that project.


Reparations: A Remedies Law Perspective, Darren L. Hutchinson Aug 2007

Reparations: A Remedies Law Perspective, Darren L. Hutchinson

Scholarly Articles in Law Reviews & Journals

This article provides a general overview of reparations discourse in the United States and offers suggestions concerning how advocates of reparations might frame their claims. The author discusses how remedies law might be a useful means of redress for litigants and examines some of the political and legal barriers to reparations in the United States. The barriers include the failure of opponents to treat remedies for gross human rights or civil rights deprivations as a public good, rather than as a series of private transactions that benefit or burden individuals. The author ultimately sets the litigation model aside as providing …


Thinking About Conflicting Gravitational Pulls - Litcs: The Academy And The Irs, Nancy S. Abramowitz Jun 2007

Thinking About Conflicting Gravitational Pulls - Litcs: The Academy And The Irs, Nancy S. Abramowitz

American University Law Review

Professor Nancy Abramowitz examines the tensions between the work of the tax clinics in providing tax services to low-income populations and the underlying educational goals.


Thinking About Conflicting Gravitational Pulls Litcs: The Academy And The Irs, Nancy S. Abramowitz Jun 2007

Thinking About Conflicting Gravitational Pulls Litcs: The Academy And The Irs, Nancy S. Abramowitz

Scholarly Articles in Law Reviews & Journals

This article addresses the tension between educational and public service goals in the immediate term for tax clinics receiving funding from the Low Income Taxpayer Clinic (“LITC”) program under Internal Revenue Code §7526. The author expresses concern that the LITC Program Office will over emphasize the “number-of-taxpayers served” factor in program evaluation, thereby putting academic clinics at a distinct disadvantage in seeking and/or retaining program funds. By imposing these types of “productivity” measures, there is a tendency to force that particular type of activity, thereby significantly disrupting what otherwise might be a better or different educational model for the use …


Freakonomics And The Tax Gap: An Applied Perspective , Leslie Book Jun 2007

Freakonomics And The Tax Gap: An Applied Perspective , Leslie Book

American University Law Review

Over the past thirty years, a significant amount of research from a variety of social science disciplines has considered tax compliance. Economists, psychologists, and sociologists have contributed to the discussion, offering research and, at times, conflicting explanations regarding whether a person is likely to comply with his obligation to file an accurate tax return. The unifying theme among this research is a search for explanatory reasons which are the factors that lead to non-compliance. In broad terms, the economic models of tax compliance assume rational behavior, and that people will coldly consider compliance from the perspective as to whether the …


Immigration Relief For Survivors Of Domestic Absue, Sexual Assault, Human Trafficking, And Other Crimes: A Violence Against Women Act 2005 Update, Leslye Orloff, Joanne Lin, Ericka Echavarria Feb 2007

Immigration Relief For Survivors Of Domestic Absue, Sexual Assault, Human Trafficking, And Other Crimes: A Violence Against Women Act 2005 Update, Leslye Orloff, Joanne Lin, Ericka Echavarria

Scholarly Articles in Law Reviews & Journals

The Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005), which President Against and Department Women Bush signed into law on January 5, 2006, built on the 1994 Violence Against Women Act (Title IV of the Violence Crime Control and Law Enforcement Act of 1994) and the 2000 Battered Immigrant Women Protection Act (part of the Victims of Trafficking and Violence Protection Act) by expanding immigration relief to new categories of crime victims.' In this article we discuss the eligibility requirements for VAWA self-petitioning, VAWA cancellation of removal, "U" interim relief for certain immigrant crime victims, …


Center News/Faculty And Staff Updates, Human Rights Brief Jan 2007

Center News/Faculty And Staff Updates, Human Rights Brief

Human Rights Brief

No abstract provided.


Have We Abandoned The Innocent?Society’S Debt To The Wrongly Convicted, Meggan Smith Jan 2007

Have We Abandoned The Innocent?Society’S Debt To The Wrongly Convicted, Meggan Smith

American University Criminal Law Brief

No abstract provided.


Reflections Of A Community Lawyer, Luz E. Herrera Jan 2007

Reflections Of A Community Lawyer, Luz E. Herrera

The Modern American

No abstract provided.


All In A Day's Work: Advocating The Employment Rights Of Day Laborers , Liza Zamd Jan 2007

All In A Day's Work: Advocating The Employment Rights Of Day Laborers , Liza Zamd

The Modern American

No abstract provided.


Transcript: Clinical And Externship Programs , American University Washington College Of Law Disability Rights Law Clinic Jan 2007

Transcript: Clinical And Externship Programs , American University Washington College Of Law Disability Rights Law Clinic

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Afl-Cio — Ndlon Agreement: Five Proposals For Advancing The Partnership, Jayesh M. Rathod Jan 2007

The Afl-Cio — Ndlon Agreement: Five Proposals For Advancing The Partnership, Jayesh M. Rathod

Human Rights Brief

No abstract provided.


The Pursuit Of Justice Is Without Borders: Binational Strategies For Defending Migrants’ Rights, Victoria Gavito Jan 2007

The Pursuit Of Justice Is Without Borders: Binational Strategies For Defending Migrants’ Rights, Victoria Gavito

Human Rights Brief

No abstract provided.


Alumni Profile, Julie A. Gryce Jan 2007

Alumni Profile, Julie A. Gryce

Human Rights Brief

No abstract provided.


The Legal Profession's Failure To Discipline Unethical Prosecutors, Angela J. Davis Jan 2007

The Legal Profession's Failure To Discipline Unethical Prosecutors, Angela J. Davis

Scholarly Articles in Law Reviews & Journals

This article explores the legal profession's failure to hold prosecutors accountable for misconduct and other ethical violations. Part I introduces the piece, providing several examples of prosecutorial power and abuse in the criminal justice system. Part II discusses prosecutorial misconduct and the inadequacy of current legal remedies. Part III argues that the Model Rules of Professional Responsibility have not provided adequate guidance to prosecutors, and that the disciplinary process has not been effective in disciplining prosecutors when they have abused their power and discretion. Part IV contends that the disbarment of Mike Nifong – the prosecutor in the Duke lacrosse …