Digital Commons Network^™

Addressing Domestic Violence Through A Strategy Of Economic Rights, Donna Coker

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Risk Management And Organizational Governance: The Case Of Enron, Robert Eli Rosen

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Is There A Role For Lawyers In Preventing Future Enrons?, Kenneth M. Rosen, Jill E. Fisch

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Following the collapse of the Enron Corporation, the ethical obligations of corporate attorneys have received increased scrutiny. The Sarbanes-Oxley Act of 2002, enacted in response to calls for corporate reform, specifically requires the Securities and Exchange Commission to address the lawyer's role by requiring covered attorneys to "report up" evidence of corporate wrongdoing to key corporate officers, and, in some circumstances, to the board of directors. Failure to "report up" subjects a lawyer to liability under federal law.

This Article argues that the reporting up requirement reflects a second-best approach to corporate governance reform. Rather than focusing on the actors …

The Digital Trademark Right: The Troubling New Extraterritorial Reach Of National Law, Xuan-Thao Nguyen

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The Anticybersquatting Consumer Protection Act authorizes the development of the digital trademark right. Under this new right, a trademark owner can petition a domestic court to transfer a foreign registrant's domain name to the trademark owner. The trademark owner does not need to travel to the foreign land for the litigation or to petition a foreign court for enforcement of the domestic court's decision. The property transfer order has a global effect, enjoining the foreign registrant from further use of its property in its home country. Is such extraterritorial extension of national law permissible? Does the new digital trademark right …

The Continuing Assault On The Citadel Of Fiduciary Protection: Ethics 2000'S Revision Of Model Rule 1.5, Lester Brickman

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The attorney-client relationship typifies a fiduciary relationship. At a minimum, attorneys are required to deal fairly and reasonably with their clients while avoiding any inclination to act in a selfinterested manner. Nowhere is the tension between a lawyer's selfinterest and their fiduciary obligations to a client greater than in the area of fee structures.

Contingency fees were developed to allow clients representation when they otherwise may not be able to afford such representation, while compensating a lawyer in a manner commensurate with the degree of risk presented by the case. Despite the inherent self-interest encountered by lawyers when presented by …

Encouraging Race-Based Advocacy In Legal Services Practice, Jonel Newman

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Every legal services program has a waiting room, some newly furnished, others with old sofas and tattered chairs. The families, children, and elderly sitting in these waiting rooms consistently are disproportionately racial and ethnic minorities. Despite this constant reminder that those seeking legal assistance for their perceived wrongs are disproportionately racial and ethnic minorities, legal services programs are bringing fewer and fewer affirmative challenges that incorporate race-based antidiscrimination claims.
/="/"> In this article we explore possible reasons for this lack of affirmative race- and national-origin-based discrimination claims and suggest some ideas for preserving or restarting this type of advocacy, ideas …

Becoming America's Best Small State Law School: A Vision For The University Of Idaho College Of Law, Donald L. Burnett Jr.

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Aim High And A Vision Broad: The Public Responsibilities Of A Public Profession, Donald L. Burnett Jr.

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Do Liberals And Conservatives Differ In Judicial Activism?, Frank H. Easterbrook

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Tribute To Gary T. Schwartz, Richard H. Mcadams, Thomas S. Ulen

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Court Assistance Office Seeks Attorneys To Meet Growing Demand For Legal Services, Patrick D. Costello

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"We're All Consultants Now": How Change In Client Organizational Strategies Influences Change In The Organization Of Corporate Legal Services, Robert Eli Rosen

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Ethics, Race, And Reform, Anthony V. Alfieri

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Barely At The Margins: Race And Ethnicity In Legal Education -- A Curricular Study With Latcritical Commentary, Francisco Valdes

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Community Prosecutors, Anthony V. Alfieri

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The Customer Is Always Right . . . Not!: Employer Liability For Third Party Sexual Harassment, Lea B. Vaughn

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This article will ask a series of questions. What is third party sexual harassment? Under what conditions does it occur? Does it differ in any significant respects from traditional notions of sexual harassment? Should those differences, if any, make a difference in the way that the legal system addresses third party harassment? And indeed, should the problem be addressed solely through the legal system? What might an employer do to alleviate sexual harassment of this type?

The thesis of this article is that third party sexual harassment is a prevalent form of harassment that the legal system does not currently …

Meeting The Need: Minnesota's Collaborative Model To Deliver Law Student Public Service, Susan J. Curry

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Consent, Not Power, As The Basis Of Jurisdiction Frontiers Of Jurisdiction, Richard A. Epstein

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Race Prosecutors, Race Defenders, Anthony V. Alfieri

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First Panel: The Law Schools' Reponse To Professionalism Issues, Jack L. Sammons (Presenter), Anthony V. Alfieri (Presenter), Nathan Crystal (Responder), Richard E. Carter (Responder), The Honorable Roger K. Warren (Responder), Caroline R. Heil (Responder)

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Symposium: Legal Reasoning And Artificial Intelligence: How Computers Think Like Lawyers, Cass R. Sunstein, Kevin Ashley, Karl Branting, Howard Margolis

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Multidisciplinary Practice And The Future Of The Legal Profession: Considering A Role For Independent Directors, John H. Matheson, Peter D. Favorite

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Edward Bartoli, a Chicago attorney, was recently suspended by the Illinois Supreme Court for aiding nonlawyers in the unauthorized practice of law. Bartoli's argument? He claimed that he was merely running a multidisciplinary practice ("MDP"). The regulations governing such activity would soon change, claimed Bartoli, and thus he was only, "ahead of his time." Because of the apparent inevitability of MDP-reform, attorneys like Bartoli are contemplating the creation of, and participation in, multidisciplinary practices throughout the United States. State regulatory bodies will be faced with the difficult determination of whether sanctions are necessary in some cases and whether sanctions are …

Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes

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Afterword To Latcrit V Symposium Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes

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Crime Control And Feminist Law Reform In Domestic Violence Law: A Critical Review, Donna Coker

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The Pro Bono Priority: The University Of Michigan's Approach To Instilling Public Service, Robert E. Precht, Suellyn Scarnecchia

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The Pro Bono Priority is a two-part feature on pro bono service in Michigan law schools. in Crossing the Bar, the column of the Legal Education Committee, Dolores M. Coulter discusses how Michigan law schools measure up to the recommendations made in Learning to Serve, the report of the Commission on Pro Bono and Public Service Opportunities from the Association of American Law Schools. In the Access to Justice column, Robert E. Precht and Suellyn Scarnecchia focus specifically on the University of MichiHgan's unique approach to pro bono service.

Foster Care: The Border Of Family Identity Maintaining, (Re)Creating, Destroying, Zanita E. Fenton

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Reaction And Reform: Transforming The Judiciary Under Alabama's Constitution, 1901-1975 Symposium: Celebrating The Centennial Of The Alabama Constitution: An Impetus For Reflection, Tony A. Freyer, Paul M. Pruitt Jr.

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Essay: Recent Trends In American Legal Education, Paul D. Reingold

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An American law professor in Japan has much more to learn than to teach. A foreigner like me - who comes to Japan on short notice, with no knowledge of Japanese culture and institutions, and with no Japanese language skills - sets himself a formidable task. Happily, the courtesy of my hosts, the patience of my colleagues, and the devotion of my students, have made for a delightful visit. I thank all of you. You asked me to talk about American legal education. As you surely know, the system of legal education in the U.S. is very different from the …

Myths And Facts About Affirmative Action, Richard O. Lempert, David L. Chambers, Terry K. Adams

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The case against affirmative action in admissions to institutions of higher education is based on the moral attractiveness of colorblind decision making and buttressed by a sense that such programs are not just unfair but pointless. Their intended beneficiaries, the argument goes, are put in situations in which they are unable to compete with whites and not only perform poorly but are destructively demoralized in the process. Common to arguments against affirmative action in admissions is a belief that minorities advantaged by it displace whites who are more deserving of admission because they have accomplished more, can better benefit from …