Digital Commons Network^™

Conversations On "Community Lawyering:" The Newest (Oldest) Wave In Clinical Legal Education, Karen Tokarz, Nancy L. Cook, Susan Brooks, Brenda Bratton Blom

Faculty Scholarship

This Article explores the pedagogical and professional challenges and rewards of community lawyering and clinical legal education. The authors are clinical law faculty who self-identify as community lawyers and teachers of community lawyering clinics. They have gathered in recent years with a larger group of similarly engaged colleagues to discuss what is meant by community lawyering, how it is taught, and how it is practiced. This Article seeks to capture some of those conversations, crystallize some of the ideas that have arisen out of the discussions, and examine the implications of these ruminations for future directions in clinical legal education.

Balancing Competing Individual Constitutional Rights: Raising Some Questions, Taunya Lovell Banks

Faculty Scholarship

Despite increasing support for global human rights ..., some scholars and constitutional democracies, like the United States, continue to resist constitutionalizing socio-economic rights. Socio-economic rights, unlike political and civil constitutional rights that usually prohibit government actions, are thought to impose positive obligations on government. As a result, constitutionalizing socio-economic rights raises questions about separation of powers and the competence of courts to decide traditionally legislative and executive matters. ... [W]hen transitional democracies, like South Africa, choose to constitutionalize socio-economic rights, courts inevitably must grapple with their role in the realization of those rights.... Two questions immediately come to mind: (1) …

Shareholder Democracy On Trial: International Perspective On The Effectiveness Of Increased Shareholder Power, Lisa M. Fairfax

Faculty Scholarship

Shareholder democracy – efforts to increase shareholder power within the corporation – appears to have come of age, both within the United States and abroad. In the past few years, U.S. shareholders have worked to strengthen their voice within the corporation by seeking to remove perceived impediments to their voting authority. These impediments include classified boards, the plurality standard for board elections, and the inability to nominate directors on the corporation’s ballot. Shareholders’ efforts have also extended to seeking a voice on the compensation of corporate officers and directors. Advocates of shareholder democracy believe that such efforts are critical to …

Mr. Justice Miller's Clause: The Privileges Or Immunities Of Citizens Of The United States Internationally, David S. Bogen

Faculty Scholarship

Justice Miller’s list in the Slaughter-House Cases of privileges or immunities of citizens of the United States includes a significant number of international ones. This article examines the international dimensions of the Fourteenth Amendment’s privileges or immunities clause. These include the ability to engage in international trade and commerce; the protection of person and property abroad; the rights secured to individual citizens by treaties of the United States; and the privileges and immunities available under customary international law to the extent that the federal government behaves consistently with such rights. In addition to describing the privileges or immunities, the article …

Privatization, Policy Paralysis, And The Poor, David A. Super

Faculty Scholarship

No abstract provided.

Achieving Quality And Responding To Consumers - The Medicare Beneficiary Complaint Process: Who Should Respond?, Diane E. Hoffmann, Virginia Rowthorn

Faculty Scholarship

No abstract provided.

What Documentary Films Teach Us About The Criminal Justice System - Introduction, Taunya Lovell Banks

Faculty Scholarship

Film . . . has been used effectively to shape public perceptions about the criminal justice system. . . . [and] the documentary form has power to convict or release a defendant, as well as to disclose the positive and negative aspects of the criminal justice system. . . . Three articles on this subject appear in this issue of the UNIVERSITY OF MARYLAND LAW JOURNAL OF RACE, RELIGION, GENDER AND CLASS and add to this body of scholarship. . . .Our goal was to foster a series of dialogues among and between a number of individuals: filmmakers....

Pushing Drugs Or Pushing The Envelope: The Prosecution Of Doctors In Connection With Over-Prescribing Of Opium-Based Drugs, Deborah Hellman

Faculty Scholarship

No abstract provided.

Book Review: "Human Dignity And Bioethics: Essays Commissioned By The President's Council On Bioethics, Leslie Meltzer Henry

Faculty Scholarship

The President’s Council on Bioethics frequently invokes -- but never defines -- the notion of human dignity in its reports on caregiving, stem-cell research, cloning, assisted reproduction, and biomedical enhancement. This article argues that the Council employs the language of dignity so loosely in its policy recommendations that the word is often nothing more than a rhetorical trump card to reject policies at odds with the Bush administration’s perspective. This article examines how the Council uses the word dignity; explores competing philosophical, theological, and political understandings of the word; and suggests ways in which a more productive dialogue about dignity's …

Are Health Care Conflicts All That Different? A Contrarian View, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Treating Pain V. Reducing Drug Diversion And Abuse: Recalibrating The Balance In Our Drug Control Laws And Policies, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Participation And Disintermediation In A Risk Society, Robert J. Rhee

Faculty Scholarship

The chapter argues that financing extreme catastrophic loss will become more problematic as catastrophes become more frequent and severe. An effective strategy must increase the level of participation in the spreading of risk and loss. Currently, risk spreading is done largely through insurers and government as they are the default aggregators of private and public capital. An enlargement of participation may mean the disintermediation of the traditional insurance and public compensation functions, thus allowing more direct and efficient participation between those are exposed to risk and those who are willing to bear it. This chapter also argues that tax policy …

Achieving Early And Substantial Greenhouse Gas Reductions Under A Post-Kyoto Agreement, John C. Dernbach

Faculty Scholarship

No abstract provided.

Climate Change Law: An Introduction, John C. Dernbach, Seema Kakade

Faculty Scholarship

No abstract provided.

Developing A Comprehensive Approach To Climate Change Policy In The United States That Fully Integrates Levels Of Government And Economic Sectors, John C. Dernbach, Thomas D. Peterson, Robert B. Mckinstry

Faculty Scholarship

No abstract provided.

Federal Climate Change Legislation As If The States Matter, John C. Dernbach, Robert B. Mckinstry,, Thomas D. Peterson

Faculty Scholarship

No abstract provided.

Navigating The U.S. Transition To Sustainability: Matching National Governance Challenges With Appropriate Legal Tools, John C. Dernbach

Faculty Scholarship

No abstract provided.

The Aspiration To Be A Catholic Social Scientist In The Eyes Of Robert Coles: The Search For Wisdom In An Information Age, Randy Lee

Faculty Scholarship

No abstract provided.

Reintermediation, Jon M. Garon

Faculty Scholarship

Jon M. Garon, Reintermediation, 2 Int. J. of Private Law 227 (2009).

The digital revolution has interrupted traditional supply chains and wholesaler relationships with manufacturers and retailers, companies are developing new methodologies to create supplier loyalty critical to control of market share. This article documents the leading strategies being utilised by companies to reassert their relevance in the value proposition for their clients and the consequences of these new business models on intellectual property law, privacy rules and influences on judicial contract interpretation. In Philip Evans and Thomas Wurster's bestselling book, Blown to Bits (Harvard Business Press, 1999), the …

Uniform Commercial Code: Sales, Robyn L Meadows, Jennifer S. Martin

Faculty Scholarship

No abstract provided.

Survey Of The Law Of Cyberspace: Electronic Contracting Cases 2007-2008, Juliet M. Moringiello, William L. Reynolds

Faculty Scholarship

No abstract provided.

Forming Entities To Negotiate Community Benefits Agreements, Debra Bechtel

Faculty Scholarship

No abstract provided.

Constitutional Evidence Law, Alex Stein

Faculty Scholarship

No abstract provided.

Putting The "I" In Wrtng: Drafting An A/Effective Personal Statement To Tell A Winning Refugee Story, Stacy Caplow

Faculty Scholarship

No abstract provided.

The Source Of The Problem Of Sources: The First Amendment Fails The Fourth Estate, Joel Gora

Faculty Scholarship

No abstract provided.

Event Jurisdiction And Protective Coordination: Lessons From The September 11th Litigation, Robin Effron

Faculty Scholarship

No abstract provided.

Narrative Braids: Performing Racial Literacy (Interviewed By Gene Grant), Christine Zuni Cruz, Margaret Montoya

Faculty Scholarship

The performance that is the basis for this joint publication was performed at the Harriet Tubman Theatre at the National Underground Railroad Justice Center in Cincinnati, Ohio. The two of us, Christine Zuni Cruz, a Pueblo woman from the Rio Grande Pueblos of Oke Owingeh and lsleta in New Mexico, and Margaret Montoya, a mestiza/Chicana from northern New Mexico, using both our personal voices and our professional voices as legal scholars, enacted the theatrical performance, a conversation between two women of color from different communities with different identities. This performance experiments with both method and content. The method is a …

What If Drm Fails?: Seeking Patronage In The Iwasteland And The Virtual O , Jon M. Garon

Faculty Scholarship

Section 1201 of the 1998 Digital Millennium Copyright Act provided sweeping protection for technological measures or virtual locks on digital content to protect the entertainment industries-including music, films, games, and consumer electronics. Manufacturers use digital rights management (DRM) authorized under the law to lock down all software embedded in products, movies on DVDs, and audio files sold on iTunes and other Internet sites. DRM unfairly extends copyright and that legal protection is unnecessary to the robust development of new creative works Critics of the DMCA have charged that the law has extended well past its anti-piracy role to undermine fair …

No More Secret Adoptions: Providing Unwed Biological Fathers With Actual Notice Of The Florida Putative Father Registry, Timothy L. Arcaro

Faculty Scholarship

No abstract provided.

Emeritus Lawsuits: Much Ado About Nothing?, Robert M. Jarvis

Faculty Scholarship

Robert Jarvis, Emeritus Lawsuits: Much Ado About Nothing?, 9 Nevada Law Journal 63 (2008).