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The Growing Impact Of Non-State Actors On The International And European Legal Systems, Angela M. Banks Jan 2003

The Growing Impact Of Non-State Actors On The International And European Legal Systems, Angela M. Banks

Faculty Publications

No abstract provided.


Incremental Bar Admission: Lessons From The Medical Profession, Jayne W. Barnard, Mark Greenspan Jan 2003

Incremental Bar Admission: Lessons From The Medical Profession, Jayne W. Barnard, Mark Greenspan

Faculty Publications

No abstract provided.


Helping The Pro Se Litigant: A Changing Landscape, Paula Hannaford-Agor Jan 2003

Helping The Pro Se Litigant: A Changing Landscape, Paula Hannaford-Agor

Faculty Publications

This article describes how the influx of self-represented litigants has forced many within the court and legal communities to reconsider some of the fundamental premises on which the civil justice system is based and to respond in new and creative ways to changing litigant demands on existing court and legal resources. It focuses on changes to the delivery of legal services to low- and moderate-income people, especially the emergence of “unbundled” legal services, and addresses the practical implications related to the distinction between legal information and legal advice. Finally, it describes how judges and court staff are rethinking the conceptual …


Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno Jan 2003

Broad Prohibition, Thin Rationale: The Acquisition Of An Interest And Financial Assistance In Litigation Rules, James E. Moliterno

Faculty Publications

No abstract provided.


Sale Of Defective Houses: Cicero And The Moral Choice, John V. Orth Jan 2003

Sale Of Defective Houses: Cicero And The Moral Choice, John V. Orth

Faculty Publications

No abstract provided.


The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins Oct 2002

The Federalism-Rights Nexus: Explaining Why Senate Democrats Tolerate Rehnquist Court Decision Making But Not The Rehnquist Court, Neal Devins

Faculty Publications

No abstract provided.


Ashcroft Sends Signal Of Support For Adr In Justice Dept., Richard C. Reuben, Kevin R. Kemper Jul 2002

Ashcroft Sends Signal Of Support For Adr In Justice Dept., Richard C. Reuben, Kevin R. Kemper

Faculty Publications

In his first public comments on the issue, U.S. Attorney General John Ashcroft signaled his support for the Justice Department's longstanding commitment to the use of alternative dispute resolution options.


Professionalism Consequences Of Law Firm Investments In Clients: An Empirical Assessment, Royce De R. Barondes Apr 2002

Professionalism Consequences Of Law Firm Investments In Clients: An Empirical Assessment, Royce De R. Barondes

Faculty Publications

This article examines two principal hypotheses: Hypothesis 1: Law firm investments in clients diminish the extent to which those law firms require issuers to disclose adverse information in IPO prospectuses. Hypothesis 2: Those law firms that are willing to invest in their clients are generally less aggressive in requiring their clients, in their IPOs, to disclose adverse information in their IPO prospectuses.


Lawyers And Trust In Business Alliances, George W. Dent Jan 2002

Lawyers And Trust In Business Alliances, George W. Dent

Faculty Publications

This Article attempts a first step in filling the gap in the legal literature about lawyers and strategic business alliances. Part I describes the distinctive nature of strategic alliances. Part II discusses why strategic alliances pose unique problems for lawyers. Part III considers how lawyers' negotiation tactics can enhance rather than erode trust between the parties in alliances. Part IV suggests how lawyers can draft substantive contract terms that foster trust and cooperation in alliances. Part V explores how law schools and continuing legal education can train lawyers to perform better not only in strategic business alliances but in all …


Compelled Expression And The Public Forum Doctrine, Howard M. Wasserman Jan 2002

Compelled Expression And The Public Forum Doctrine, Howard M. Wasserman

Faculty Publications

This Article analyzes the theory underlying the Fist Amendment protection against being compelled by government to utter, present, or fund unwanted expression. The author creates a three-part model for determining when the fire speech rights of an objecting payer have been triggered. Under that model, First Amendment rights are implicated when there has been an actual government compulsion requiring an individual to give money to, or for the express benefit of, a specific private speaker for some use that, in itself, should be understood as expressive. This model strikes a necessary balance between the important theoretical underpinnings of the protection …


Promoting Effective Ethical Infrastructure In Large Law Firms: A Call For Research And Reporting, Elizabeth Chambliss, David B. Wilkins Jan 2002

Promoting Effective Ethical Infrastructure In Large Law Firms: A Call For Research And Reporting, Elizabeth Chambliss, David B. Wilkins

Faculty Publications

No abstract provided.


Looking Forward And Looking Back: The Promise And Potential Of A Sioux Nation Judicial Support Center And Sioux Nation Supreme Court, Frank Pommersheim Jan 2002

Looking Forward And Looking Back: The Promise And Potential Of A Sioux Nation Judicial Support Center And Sioux Nation Supreme Court, Frank Pommersheim

Faculty Publications

No abstract provided.


Comment: Multi-Disciplinary Practice And Conflict Of Interest, Kevin C. Mcmunigal Jan 2002

Comment: Multi-Disciplinary Practice And Conflict Of Interest, Kevin C. Mcmunigal

Faculty Publications

My comments as part of this panel focus on the attitude of proponents of multi-disciplinary practice toward conflict of interest. Before turning to that topic, I would like to offer a general observation about the debate on multi-disciplinary practice as well as a suggestion for improving the quality of that debate.


Current Status Of Federal Law Concerning Violent Crimes Against Women And Children: Implications For Cult Victims, Robin Boyle Jan 2002

Current Status Of Federal Law Concerning Violent Crimes Against Women And Children: Implications For Cult Victims, Robin Boyle

Faculty Publications

The author presents key provisions of The Victims of Trafficking and Violence Protection Act of 2000, which is federal legislation divided into two Acts. In Parts I and II of this article, the author describes how The Violence Against Women Act of 2000 reauthorized critical grant programs created by the Violence Against Women Act of 1994, established new programs, and strengthened federal laws. In Part III of this article, the author explains that The Trafficking Victims Protection Act of 2000 prevents the trafficking of women and children. In Part IV the author suggests how both Acts have implications for cult …


Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers, Ronald W. Staudt, Paula Hannaford-Agor Jan 2002

Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers, Ronald W. Staudt, Paula Hannaford-Agor

Faculty Publications

To assist courts, the National Center for State Courts, in partnership with the Illinois Institute of Technology's Institute of Design and the Chicago-Kent College of Law, launched a research project to examine court processes and recommend modifications to eliminate or reduce procedural barriers to access for self-represented litigants. The projects had three major tasks: (1) to identify major barriers to access to justice that self-represented litigants encounter due to court procedures and administrative requirements; (2) to employ system design methodology to redesign court processes to remove those barriers, and (3) to translate the conceptual model for redesigned court system into …


Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman Jan 2002

Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman

Faculty Publications

No abstract provided.


Lawyer Fiction In The Saturday Evening Post: Ephraim Tutt, Perry Mason, And Middle-Class Expectations, David Ray Papke Jan 2001

Lawyer Fiction In The Saturday Evening Post: Ephraim Tutt, Perry Mason, And Middle-Class Expectations, David Ray Papke

Faculty Publications

No abstract provided.


A Mentor Of Her Own, Lisa A. Kloppenberg Jan 2001

A Mentor Of Her Own, Lisa A. Kloppenberg

Faculty Publications

No abstract provided.


"Language-Qualifying" Juries To Exclude Bilingual Speakers, Marina C. Hsieh Jan 2001

"Language-Qualifying" Juries To Exclude Bilingual Speakers, Marina C. Hsieh

Faculty Publications

No abstract provided.


Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard Jan 2001

Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard

Faculty Publications

The citizens of this country should expect no less than the highest degree of professionalism when they have entrusted administration of the rule of law-one of the fundamental tenets upon which our society is based-to the legal profession. Re-examination was not originally required of medical specialists, but [the American Board of Medical Specialties] quickly recognized that a lifetime certification, even with required continuing education provided little incentive for doctors to keep up with new medical knowledge and techniques. Similarly, continuing [legal] education requirements alone are not sufficient to assure the integration of new law and procedure into a lawyer's practice. …


Briefing Paper On Problems In Redefining "Loss" (U.S. Sentencing Commission Economic Crime Symposium), Frank O. Bowman Iii Jul 2000

Briefing Paper On Problems In Redefining "Loss" (U.S. Sentencing Commission Economic Crime Symposium), Frank O. Bowman Iii

Faculty Publications

On October 12-13, 2000, the U.S. Sentencing Commission sponsored its Third Symposium On Crime and Punishment in the United States: Federal Sentencing Policy for Economic Crimes and New Technology Offenses. The afternoon of the first day of the meeting was devoted to discussing the concept of “loss” as a measurement of defendant culpability and offense seriousness. The conferees were divided into small groups to discuss discrete sub-issues relating to “loss” and its place in sentencing economic crimes under the Guidelines. Following the small group discussions, the discussion leaders (“facilitators”) addressed a plenary session of the conference to report on the …


Addressing Domestic Violence In Immigrant Communities, Deborah M. Weissman Apr 2000

Addressing Domestic Violence In Immigrant Communities, Deborah M. Weissman

Faculty Publications

No abstract provided.


Ethics Consult: E-Ethics, Michael K. Mcchrystal Jan 2000

Ethics Consult: E-Ethics, Michael K. Mcchrystal

Faculty Publications

The fit between laws regulating professional ethics and the means of conducting business, particularly telecommunications and computer technology, has become tenuous. Here, McChrystal examines recent legal decisions concerning electronic transmission of information and discusses the impact of Internet messages and e-mail on attorney-client privilege.


Parental Rights Termination Jurisprudence: Questioning The Framework, Jennifer Wriggins Jan 2000

Parental Rights Termination Jurisprudence: Questioning The Framework, Jennifer Wriggins

Faculty Publications

The article analyzes the Supreme Court’s decision in M.L.B. v. S.L.J., 519 U.S. 102 (1996), which held that where a state provides an appeal from a judgment terminating parental rights, it must, under the due process and equal protection clauses provide indigent appellants with a transcript if a transcript is necessary to review the decision. In doing so, it questions the framework used to analyze parental rights termination decisions. Specifically, it questions the sharp line drawn between cases concerning termination of parental rights (in which parents have certain constitutional protections) and cases concerning child custody (in which parents lack those …


High Speed Access: Micro Radio, Action, And Activism On The Internet, Ted M. Coopman Jan 2000

High Speed Access: Micro Radio, Action, And Activism On The Internet, Ted M. Coopman

Faculty Publications

During the spring and summer of 1999, the Low Power Radio Service Notice of Proposed Rulemaking (NPRM) by the Federal Communication Commission (FCC) recently drew a record number of responses. Several thousand people from all over the country participated in what has traditionally been the purview of major corporations and institutions, including 1120 individuals who signed the Micro Radio Empowerment Coalition comments. This paper examines that response and its implications for the micro radio and other activist movements. The Internet played an important role not only in filing responses, but in drafting and signing responses as well. For example, the …


Why In-House Live Client Clinics Won't Work In Romania: Confessions Of A Clinician Educator, Rodney J. Uphoff Oct 1999

Why In-House Live Client Clinics Won't Work In Romania: Confessions Of A Clinician Educator, Rodney J. Uphoff

Faculty Publications

Romanians eat our Big Macs, wolf down pizza slices at Pizza Hut, and guzzle Coca-Cola. They wear baseball caps, Nike clothing, and tennis shoes. They listen to American rap and pop music, see American movies with Romanian subtitles, and watch all of our old television shows. Romanians of all ages, but especially the young, hunger and thirst for all things Western, particularly from the United States. Doesn't it follow, then, that Romanian law schools ought to have - and, indeed, Romanian law professors would want - that symbol of an innovative, modern American law school curriculum: a live client clinical …


Ethics Consult: An Ethics Problem Involving Financial Abuse, Michael K. Mcchrystal Jan 1999

Ethics Consult: An Ethics Problem Involving Financial Abuse, Michael K. Mcchrystal

Faculty Publications

What are a lawyer's ethical obligations to a client after termination of duties contracted? Is the legal professional responsible for actions on the part of a party other than the client as a result of advice given to a client? Exactly who is the client when more than one person is involved?


Private Legislation In The United States - How The Uniform Commerical Code Becomes Law, William J. Woodward Jr. Jan 1999

Private Legislation In The United States - How The Uniform Commerical Code Becomes Law, William J. Woodward Jr.

Faculty Publications

No abstract provided.


Evaulating Bankruptcy Mediation, William J. Woodward Jr. Jan 1999

Evaulating Bankruptcy Mediation, William J. Woodward Jr.

Faculty Publications

No abstract provided.


Clearing The Underbrush For Real-Life Contracting, William J. Woodward Jr. Jan 1999

Clearing The Underbrush For Real-Life Contracting, William J. Woodward Jr.

Faculty Publications

No abstract provided.