Digital Commons Network^™

Business Imperatives And Fiduciary Duty, Melanie B. Leslie

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No abstract provided.

Faith In Community: Representing "Colored Town", Anthony V. Alfieri

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Causes Of Popular Dissatisfaction With The Administration Of Justice In The Twenty-First Century, Robert Stein

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We are here today to celebrate and be challenged by a remarkable speech delivered by Dean Roscoe Pound on August 29, 1906. 1 We meet in the city where Dean Pound gave his historic address. On that occasion, Dean Pound was not Dean of the Harvard Law School, which he later became, but rather was the 36-year-old Dean of the University of Nebraska College of Law. 2 He was a well- educated man, having both a law degree from Northwestern University School of Law and a PhD in Botany from the University of Nebraska, 3 but he was not very …

Real Estate Practice In The Twenty-First Century, Ann Burkhart

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The next century will bring profound changes in real estate law and in the ways that it is practiced. This prediction may seem rather unremarkable for any area of law or for almost any other area of human endeavor. But the changes in real estate law will be exceptional because of their relative rapidity and comprehensiveness.

A Century Of Juvenile Justice: A Work In Progress Or A Revolution That Failed?, Barry C. Feld

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A century ago, Progressive reformers adopted a more modem construction of childhood as a developmental period of innocence, dependence, and vulnerability. They embraced a more scientific understanding of social control - positive criminology - and tried to identify the causes of crime and to treat, rather than to punish, offenders. Reformers combined the new vision of childhood with new insights into criminality to create a judicial-welfare alternative to the adult criminal process. Jurisdiction over dependent as well as delinquent children reflected juvenile courts' broader role as a child-saving welfare agency and not simply a "junior" criminal court.'

Clinical Genesis In Miami, Anthony V. Alfieri, Maryanne Stanganelli, Jessi Tamayo, Wendi Adelson

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No abstract provided.

"Acoustic Segregation" And The Hispanic Small Business Owner, Patricia S. Abril

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No abstract provided.

Re-Conceptualizing Poverty Law Clinical Curriculum And Legal Services Practice: The Need For Generalists, Jonel Newman

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No abstract provided.

Can Lawyers Find Happiness Symposium: Perspectives On Lawyer Happiness, Richard Delgado, Jean Stefancic

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Learning To Write In Code: The Value Of Using Legal Writing Exercises To Teach Tax Law, Scott A. Schumacher

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Traditionally, law school tax courses have been taught using a mix of problems, class discussion, the Socratic method, and one end-of-term exam. The goal of these courses is to introduce students to key concepts of tax law and to teach them the essential skill of reading and interpreting the Internal Revenue Code and Treasury Regulations. This traditional method of instruction is an efficient and cost-effective way of transmitting a great deal of complex information to a large number of students. It is also a good vehicle to teach the essential skill of reading and interpreting the Code. However, the time …

Due Process Rights And Terrorist Emergencies, James W. Nickel

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This essay discusses the grounds for due process rights (DPRs) and the permissibility of suspending them during terrorist and other emergencies. The two topics are profitably treated together because DPRs - along with freedoms of movement, expression, and political participation - are often suspended or restricted when national emergencies occur. Although I present a strong case for DPRs as human rights, this justification does not settle their priority during emergency situations. That issue raises additional questions, and I discuss some of them. The overall thrust of the essay is to defend the importance of respecting DPRs during troubled times. The …

Protecting Gay And Lesbian Families From Eviction From Their Homes: The Quest For Equality For Gay And Lesbian Families In Braschi V. Stahl Associates, Paris R. Baldacci

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No abstract provided.

Why Do We Ask The Same Questions - The Triple Helix Dilemma Revisited Symposium: Legal Information And The Development Of American Law: Further Thinking About The Thoughts Of Robert C. Berring, Richard Delgado, Jean Stefancic

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No abstract provided.

The Word And The Law, James Boyd White

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In this Article I shall first give a brief account of Milner Ball's book, The Word and the Law, saying something about the interesting and important way in which it connects theology, literature, and law. I shall then give a little more content to what I say about this achievement by engaging in a kind of reading of two texts, one theological and one literary, connecting both to the law. I mean this reading simultaneously to be my own and to reflect something of what I have learned from Milner. Another way to put this is to say that …

Criminal Justice And The 1967 Detroit 'Riot', Yale Kamisar

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Forty years ago the kindling of segregation, racism, and poverty burst into the flame of urban rioting in Detroit, Los Angeles, Newark, and other U.S. cities. The following essay is excerpted from a report by Professor Emeritus Yale Kamisar filed with the National Advisory Commission on Civil Disorders (the Kerner Commission) regarding the disorders that took place in Detroit July 23-28, 1967. The report provided significant material and was the subject of one article in the series of pieces on the anniversary of the disturbances that appeared last summer in The Michigan Citizen of Detroit. Immediately after the disturbances ended, …

Procedural Injustice: How The Practices And Procedures Of The Child Welfare System Disempower Parents And Why It Matters, Vivek Sankaran, Itzhak Lander

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Many of us appear surprised when families involved in the child protective system do not reunify. A parent’s path to reunification seems straightforward. Upon a finding of neglect, the court prescribes a basic regimen, typically consisting of parenting classes, counseling, drug testing, and a psychological evaluation, that a parent must fulfill prior to having the child returned to his/her custody. If a parent successfully completes these seemingly minimal requirements, the law requires reunification unless the return poses a “substantial risk of harm” to the child. With such high stakes involved, a clearly defined path for success, and the prospect of …

Pro Se Executors—Unauthorized Practice Of Law, Or Not?, Michael Hatfield

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This Article clarifies why under Texas law an individual named as executor in a will has the right to offer the will for probate and otherwise appear in a probate court without hiring a lawyer. This Article first provides an overview of the independent administration provisions of the Texas probate code before reviewing the unauthorized practice of law prohibition and the pro se exception. After establishing that executors qualify for the pro se exception in Texas because executors appearing in court are exercising their own management rights—rather than the rights of "the estate" or the beneficiaries—the Article explores suggestions of …

Public Interest Research, Collaboration, And The Promise Of Wikis, Tom Cobb

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One of my central goals in teaching law is to help students find ways to apply their emerging analytical powers and professional skills to promote the public interest.A related goal is to create an engaging learning experience in which students see each other—and other members of the legal community—as key resources in their education.

To help accomplish these goals, I have been formally and informally collaborating with clinics—the traditional home of public interest law and collaborative learning in most law schools— to find ways to infuse my legal writing classes with clinical methods and values. This article describes a class …

On The Stickiness Of Default Rules, Omri Ben-Shahar, John A. E. Pottow

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The Future Of The Legal Profession, Robert Stein

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It is a pleasure to be with you this evening and share some thoughts with you. Sandy and I are delighted to see so many wonderful friends here. I hope we have an opportunity to greet each of you before the evening is over. I include my wife, Sandy, in our network of friends because she has been my partner throughout my association with the Law School - during the time I was a student, then a faculty member, and eventually as Dean - and so many friends here tonight are friends of both of ours. I'd like to ask …

Domestic Violence Matters: The Case For Appointed Counsel In Protective Order Proceedings, Beverly Balos

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A conventional reading of United States Supreme Court rulings on the right to counsel in civil cases would conclude that petitioners in protective order proceedings would have no right to appointed counsel. This article challenges this view and shows how Supreme Court jurisprudence, in fact, supports the conclusion that due process requires victims of domestic violence to have the benefit of appointed counsel.

Information Society Challenges To Financial Regulation, Caroline Bradley

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No abstract provided.

The Fall Of Legal Ethics And The Rise Of Risk Management, Anthony V. Alfieri

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No abstract provided.

Detaining Due Process: The Need For Procedural Reform In Joseph Hearings After Demore V. Kim, Shalini Bhargava Ray

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No abstract provided.

Lessons On Lawyers, Democracy, And Professional Responsibility, Kenneth M. Rosen

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No abstract provided.

People, Times, Law School Leadership Join To Launch South Africa Program, David L. Chambers

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Professor Emeritus David Chambers launched Michigan Law’s South Africa externship program 10 years ago just as that country was emerging from apartheid and beginning to function under its new constitution, adopted in 1996. Here Chambers recalls how the externship program began. Now the Wade H. McCree Jr. Collegiate Professor Emeritus of Law, Chambers directed the program until his retirement from active teaching in 2003.

Hitting The Sweet Spot: Finding The Center In Teaching Professional Responsibility, Steven H. Hobbs

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Two Distinct Roles/Bright Line Test, Donald N. Duquette

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It is a mistake to try to develop a single lawyer role for children in child welfare cases which tries to accommodate their developing capacities from infants to articulate teens. The older child needs a traditional attorney; the youngest child, incapable of directing counsel, needs a substitute to define and advocate for his or her best interests. We should adopt different standards for the different advocate roles. Trying to define a single lawyer role for children of all ages and all capacities is an impossible task. A better approach towards recognizing and accommodating the child's developing cognitive abilities and judgment …

Hipaa-Cracy, Carl E. Schneider

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The Department of Health and Human Services has recently been exercising its authority under the (wittily named) "administrative simplification" part of the Health Insurance Portability and Accountability Act to regulate the confidentiality of medical records. I love the goal; I loathe the means. The benefits are obscure; the costs are onerous. Putatively, the regulations protect my autonomy; practically, they ensnarl me in red tape and hijack my money for services I dislike. HIPAA (a misnomer-HIPAA is the statute, not the regulations) is too lengthy, labile, complex, confused, unfinished, and unclear to be summarized intelligibly or reliably. (Brevis esse laboro, …

On The Stickiness Of Default Rules, Omri Ben-Shahar, John A. E. Pottow

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It was once perceived, and still is commonly taught, that default rules in contract law must mimic efficient arrangements. Otherwise, these rules impose needless transaction costs upon parties who seek to opt out of them to reach more efficient positions. In settings where these costs are high, parties might find themselves "stuck" in a default, unable to reach the outcome that they prefer. The strong version of this account-that the only factor that can make an inefficient default rule stick is the direct cost of drafting a tailored provision-has been gradually reappraised. It is by now recognized that factors beyond …