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Articles 271 - 300 of 609
Full-Text Articles in Entire DC Network
Internationalization And Integration Of Doctrine, Skills And Ethics In Legal Education: The Contrasting Situations Of The United States And Japan, Daniel H. Foote
Internationalization And Integration Of Doctrine, Skills And Ethics In Legal Education: The Contrasting Situations Of The United States And Japan, Daniel H. Foote
Articles
This article addresses two trends in legal education: internationalization and integration of doctrine, skills and legal ethics. In the United States, international and comparative law, skills training, and legal ethics all have deep historical roots in legal education, and the past few decades have seen further major increases in each of those areas. A particularly noteworthy recent development is the rise in efforts to integrate skills training and attention to ethical issues with doctrinal analysis, rather than just teaching each of those elements separately, Notably, Harvard Law School, which continues to influence educational patterns at other law schools within the …
Legal Education For The Future: Global Perspectives, Daniel H. Foote
Legal Education For The Future: Global Perspectives, Daniel H. Foote
Articles
This is a report on "FutureEd 2: Making Global Lawyers for the 21st Century," a conference on legal education held at Harvard Law School (HLS) on October 15-16, 2010, In which this author had the opportunity to participate. The conference was the second In a series of three conferences jointly organized by HLS and New York Law School (NYLS). The first conference was held at NYLS in April 2010; the third and final conference was held at NYLS, in April 2011．The goals of the conferences were to stimulate thinking and research about the future of legal education; to promote concrete …
Law Library Budgets In Hard Times, Taylor Fitchett, James Hambleton, Penny Hazelton, Anne Klinefelter, Judith Wright
Law Library Budgets In Hard Times, Taylor Fitchett, James Hambleton, Penny Hazelton, Anne Klinefelter, Judith Wright
Articles
This article begins by looking at the environment of the academic law library of the twenty-first century, followed by an analysis of the current economic climate and an assessment of how these difficult economic times will affect academic law libraries. The next section discusses strategies a law library director can marshal to manage a multimillion-dollar budget in face of reduced resources. Focusing in on the institution's own budget and accounting framework, creative thinking, and planning for use of resources can have successful and innovative outcomes for law libraries and the schools they support. Finally tools and strategies that can help …
Advocacy In The Court Of Public Opinion, Installment Two: How Far Should Corporate Attorneys Go, Michele M. Destefano
Advocacy In The Court Of Public Opinion, Installment Two: How Far Should Corporate Attorneys Go, Michele M. Destefano
Articles
Today, legal controversies are tried in the court of public opinion as much as in any court of law. Corporate lawyers' traditional tendency, however, has been to attempt to isolate legal activities from public relations activities. Accordingly, when providing legal advice, they have viewed media considerations as separate. Historically corporate counsels' typical media strategy often consisted of no more than, "no comment." Given today's saturated media culture, this is no longer a viable strategy. Indeed, it appears that some corporate lawyers are adapting to the new media environment and attempting to help their clients manage the public relations impact of …
The “Licentiousness” In Religious Organizations And Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton
The “Licentiousness” In Religious Organizations And Why It Is Not Protected Under Religious Liberty Constitutional Provisions, Marci A. Hamilton
Articles
No abstract provided.
A Service-Learning Project: Disability, Access And Health Care, Elizabeth Pendo
A Service-Learning Project: Disability, Access And Health Care, Elizabeth Pendo
Articles
Last summer, I was thinking about a public service project for my disability discrimination law course. I teach the course in fall, and try to incorporate a project each year. Integrating a public service project into a traditional doctrinal course fits within the trend toward expanding teaching techniques beyond the case method in order to better prepare students for the practice of law., It was also inspired in part by the Carnegie Foundation's 2007 report, "Educating Lawyers: Preparation for the Profession of Law," as a way to foster "civic professionalism," and to "[link] the interests of legal educators with the …
Dog Wags Tail: The Continuing Viability Of Minority-Targeted Aid In Higher Education, Osamudia R. James
Dog Wags Tail: The Continuing Viability Of Minority-Targeted Aid In Higher Education, Osamudia R. James
Articles
No abstract provided.
What Judges Think Of The Quality Of Legal Representation, Richard A. Posner, Albert H. Yoon
What Judges Think Of The Quality Of Legal Representation, Richard A. Posner, Albert H. Yoon
Articles
Studying the legal profession poses several challenges. The evolution of law has moved lawyers away from a generalist practice towards increased specialization. This makes it difficult to compare lawyers across different practice areas meaningfully and to provide a comprehensive assessment of the legal profession. Judges are well situated to provide such an evaluation, given their experience and scope of cases. This Article reports the responses of federal and state judges to a survey we conducted in 2008. The questions relate to their perceptions of the quality of legal representation, generally and in criminal and civil cases; how the quality of …
Justifying Jones, M. Todd Henderson
Easterbrook On Academic Freedom, Aziz Huq
Promoting Public Health Through Clinical Legal Education: Initiatives In South Africa, Thailand, And Ukraine, Tamar Ezer
Promoting Public Health Through Clinical Legal Education: Initiatives In South Africa, Thailand, And Ukraine, Tamar Ezer
Articles
No abstract provided.
Do Judges Cherry Pick Precedents To Justify Extra-Legal Decisions?: A Statistical Examination, Anthony Niblett
Do Judges Cherry Pick Precedents To Justify Extra-Legal Decisions?: A Statistical Examination, Anthony Niblett
Articles
No abstract provided.
The Right To Counsel In Juvenile Court: Law Reform To Deliver Legal Services And Reduce Justice By Geography, Barry Feld, Shelly Schaefer
The Right To Counsel In Juvenile Court: Law Reform To Deliver Legal Services And Reduce Justice By Geography, Barry Feld, Shelly Schaefer
Articles
No abstract provided.
Extraterritorial Application Of Us Securities Law: Will The Us Become The Default Jurisdiction For European Securities Litigation?, Wulf A. Kaal, Richard W. Painter
Extraterritorial Application Of Us Securities Law: Will The Us Become The Default Jurisdiction For European Securities Litigation?, Wulf A. Kaal, Richard W. Painter
Articles
No abstract provided.
Examining The Real Demand For Legal Services, Herbert M. Kritzer
Examining The Real Demand For Legal Services, Herbert M. Kritzer
Articles
Legal needs studies repeatedly show that low and modest income Americans obtain legal assistance for only a small percentage of their legal needs. This is taken to demonstrate a failing of the American justice system. However, relying on several older studies and research conducted outside the United States, one finds that there is little relationship between income and obtaining legal assistance once one controls for type of legal problem (and amount at stake). This paper argues that in thinking about legal needs, one must have a realistic baseline and the simple count of legal problems does not provide that baseline; …
Returning Home: Women In Post-Conflict Societies, Naomi Cahn, Dina Francesca Haynes, Fionnuala Ní Aoláin
Returning Home: Women In Post-Conflict Societies, Naomi Cahn, Dina Francesca Haynes, Fionnuala Ní Aoláin
Articles
This paper explores the situation of women returning to their homes and communities after their countries have experienced major conflicts. In that context, it assesses the range of barriers and challenges that women face and offers some thinking to addresses and remedy these complex issues. As countries face the transition process, they can begin to measure the conflict’s impact on the population and the civil infrastructure. Not only have people been displaced from their homes, but, typically, health clinics, schools, roads, businesses, and markets have deteriorated substantially. While the focus is on humanitarian aid in the midst of and during …
Reducing Disparities Through Health Care Reform: Disability And Accessible Medical Equipment, Elizabeth Pendo
Reducing Disparities Through Health Care Reform: Disability And Accessible Medical Equipment, Elizabeth Pendo
Articles
People with disabilities face multiple barriers to adequate health care and report poorer health status than people without disabilities. Although health care institutions, offices, and programs are required to be accessible, people with disabilities are still receiving unequal and in many cases inadequate care. The 2009 report by the National Council on Disability, The Current State of Health Care for People with Disabilities, reaffirmed some of these findings, concluding that people with disabilities experience significant health disparities and barriers to health care; encounter a lack of coverage for necessary services, medications, equipment, and technologies; and are not included in the …
Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri
Post-Racialism In The Inner-City: Structure And Culture In Lawyering, Anthony V. Alfieri
Articles
No abstract provided.
The Challenges Of Calculating The Benefits Of Providing Access To Legal Services, J. J. Prescott
The Challenges Of Calculating The Benefits Of Providing Access To Legal Services, J. J. Prescott
Articles
In this invited essay, I explore how policymakers and other public-interested actors have empirically calculated the benefits of providing low-income access to civil legal services in the past, and how they might improve upon existing methods going forward. My argument proceeds in five parts. First, I briefly explain the optimal approach to allocating public funds from a welfare economics perspective. Second, I introduce the challenges of valuing “benefits” in the context of the public provision of legal services. Third, I summarize and critique existing attempts to quantify the benefits of and need for legal services funding. Specifically, I review, criticize, …
Doing Good While Doing Deals: Early Lesson In Launching An International Transactions Clinic, Deborah Burand
Doing Good While Doing Deals: Early Lesson In Launching An International Transactions Clinic, Deborah Burand
Articles
That is not to say that the launch of this clinic was easy. Four of the most challenging issues the ITC faced in its first year of operation were: 1) developing a client pool, 2) defining client projects so as to be appropriate to student clinicians’ skill levels and capacity, 3) making use of efficient and inexpensive technology to foster international communication with clients and transaction management, and 4) tapping supervisory attorney talent capable of supporting student clinicians in their international transactional work. The first two issues were the biggest challenges that we faced in launching the ITC and so …
Talk The Talk, But Walk The Walk: A Comment On Joan Williams's Reshaping The Work-Family Debate Crowdsourcing The Work-Family Debate: A Colloquy, Jean Stefancic
Talk The Talk, But Walk The Walk: A Comment On Joan Williams's Reshaping The Work-Family Debate Crowdsourcing The Work-Family Debate: A Colloquy, Jean Stefancic
Articles
No abstract provided.
If I Had A Hammer: Can Shepardizing, Synthesis, And Other Tools Of Legal Writing Help Build Hope For Law Students?, Edward R. Becker
If I Had A Hammer: Can Shepardizing, Synthesis, And Other Tools Of Legal Writing Help Build Hope For Law Students?, Edward R. Becker
Articles
Are lawyers mechanics? In 1920, photographer Lewis Hines took a striking photo of a powerhouse mechanic sure-handedly wielding a large wrench to tighten bolts on a steam pump. This picture may bring to mind many things, but I suspect that many legal writing professors in our (past or present) incarnations as practicing attorneys would not look at this image and think, "My job is a lot like that." Similarly, I assume that many of our students do not think of a lawyer's role in this way. Indeed, many of our students might have chosen to pursue a career in law …
A Few Inconvenient Truths About Michael Crichton's State Of Fear: Lawyers, Causes And Science, Lea B. Vaughn
A Few Inconvenient Truths About Michael Crichton's State Of Fear: Lawyers, Causes And Science, Lea B. Vaughn
Articles
Although Crichton has lost the battle regarding global warming, his characterization of lawyers and law practice remains unchallenged. This article challenges his damning portrait of lawyers as know-nothing, self-aggrandizing manipulators of various social and environmental causes. A more nuanced examination of "cause lawyering" reveals that lawyers are not part of a vast conspiracy to grab power through the causes for which many work; in fact, the rules of professional responsibility as well as the structure of "cause lawyering" limit their power and influence. Regardless, lawyers are nonetheless vital, and generally principled, participants in the debates and causes that inform environmental …
Rise Of Political Populism And The Trouble With The Legal Profession In China, Dongsheng Zang
Rise Of Political Populism And The Trouble With The Legal Profession In China, Dongsheng Zang
Articles
This essay looks into recent efforts by the ruling party in China to tighten control of the judiciary, the lawyers and prosecutors under the slogan of "harmonious society" in the last couple of years. This reversed the direction of judicial reform under the leadership of Xiao Yang, during his tenure as President of the Supreme People's Court before 2008. The trouble with the legal profession in China, the essay asserts, is not only that it loses its professional autonomy thus its ability to act as a sociopolitical force that is independent from the ruling political party; but also, by virtue …
Alimony Treatment For A Single Payment, Douglas A. Kahn
Alimony Treatment For A Single Payment, Douglas A. Kahn
Articles
Before 1942 alimony paid to a former spouse was not included in the spouse’s gross income. In 1942 Congress adopted the antecedent to section 71. Although an alimony recipient must recognize gross income, section 215 provides the payer with a nonitemized deduction for the payment. Therefore, the alimony tax provisions provide a congressionally approved income-splitting arrangement which can benefit the parties by shifting income from a high-bracket taxpayer to one in a lower tax bracket. The parties can divide the resulting savings between them by altering the amount paid to the former spouse.
Barriers To Representation For Detained Immigrants Facing Deportation: Varick Street Detention Facility, A Case Study, Peter L. Markowitz
Barriers To Representation For Detained Immigrants Facing Deportation: Varick Street Detention Facility, A Case Study, Peter L. Markowitz
Articles
There is an evolving crisis in the immigration courts and federal courts of appeals caused by the lack of quality representation for immigrants facing deportation. The problem is particularly acute for immigrants who are detained during their removal proceedings. As part of the Study Group on Immigrant Representation (Katzmann study group), the Subcommittee on Enhancing Mechanisms for Service Delivery undertook a case study of the institutional and legal barriers to quality legal representation for immigrants held at the Varick Street Detention Facility in New York City. Through this lens we hope to offer some useful insights into the core factors …
The Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg
The Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg
Articles
This Essay examines the under-studied relationship between liberalization and litigation. Liberalization should lead to expanded civil litigation for four reasons: (1) new market entrants are less subject to informal sanctions and may have a greater propensity to go to court; (2) privatization transfers resources away from the state, expanding the number of transactions subject to civil law regimes; (3) liberalization reduces the government’s ability to resolve disputes outside the courts; and (4) liberalization leads to economic development, which is generally litigation-enhancing. We test these propositions using a unique dataset of prefecture-level civil litigation data in Japan during the 1990s. Using …
The Comparative Law And Economics Of Judicial Councils, Tom Ginsburg, Nuno Garoupa
The Comparative Law And Economics Of Judicial Councils, Tom Ginsburg, Nuno Garoupa
Articles
No abstract provided.
Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg, Glenn Hoetker
Effects Of Liberalization On Litigation: Notes Toward A Theory In The Context Of Japan, Tom Ginsburg, Glenn Hoetker
Articles
This Essay examines the under-studied relationship between liberalization and litigation. Liberalization should lead to expanded civil litigation for four reasons: (1) new market entrants are less subject to informal sanctions and may have a greater propensity to go to court, (2) privatization transfers resources away from the state, expanding the number of transactions subject to civil law regimes, (3) liberalization reduces the government's ability to resolve disputes outside the courts; and (4) liberalization leads to economic development, which is generally litigation-enhancing. We test these propositions using a unique dataset of prefecture-level civil litigation data in Japan during the 1990s. Using …
Let Our Minds Be Bold: Stepping Into U Of I'S Second Century, Donald L. Burnett Jr.
Let Our Minds Be Bold: Stepping Into U Of I'S Second Century, Donald L. Burnett Jr.
Articles
No abstract provided.