Digital Commons Network^™

New Issues Arising Under Section 1983, Martin A. Schwartz

Scholarly Works

No abstract provided.

Civil Litigation From Litigants' Perspectives: What We Know And What We Don't Know About The Litigation Experience Of Individual Litigants, Tamara Relis

Scholarly Works

This study of the entire phenomenon of civil litigation commenced with the sole aim of ascertaining the extant gaps in the available knowledge about litigation from the perspectives of those who are by far affected most by it: the litigants. What does litigation mean for those who are directly embroiled and whose lives may consequently be radically transformed? Serious lacunas exist. However, extensive readings worldwide throughout the research process result in a stark elucidation of an overlooked, yet crucially important and somewhat egregious state of affairs, making surprisingly clear just how pernicious litigation is for the average 'nonrepeat player'.

Law School Externships: Building Another Bridge Over Troubled Waters, Martin A. Geer

Scholarly Works

A commitment to an excellent externship program in which students are intensely engaged in learning lawyering skills, values, responsibilities, and how the law and legal systems affect communities, families, and individuals, further advances William S. Boyd School of Law’s goals. It is another bridge over gaps between legal education, the profession, and the community. This article discusses the externship program at William S. Boyd School of Law.

Uncharted Terrain: The Intersection Of Privatization And Welfare, Rebecca L. Scharf, Henry Freedman, Mary R. Mannix, Marc Cohan

Scholarly Works

Welfare, a mainstay of legal services practice, is cutting edge again. Clients need help negotiating a system that devolution, discretion, and privatization have changed radically. Public officials need help in this new environment to "get it right," so that programs achieve the laudable goals ascribed to them.

Privatization creates special challenges for welfare advocates. New players, ranging from neighborhood nonprofit organizations to churches to multinational corporations, are making decisions that affect clients' vital interests. New legal issues, ranging from state action to public contracting compliance, can arise. Accountability and transparency, difficult to achieve in the governance of traditional welfare programs, …

Emotional Competence, Multicultural Lawyering And Race, Marjorie A. Silver

Scholarly Works

No abstract provided.

Is "Thinking Like A Lawyer" Really What We Want To Teach?, Nancy B. Rapoport

Scholarly Works

This article argues that the phrase thinking like a lawyer assumes that other professions don't have their own ways of approaching problems and that law schools only need to teach how lawyers think, rather than how lawyers do what they do. It suggests that law schools should do much more than just teach law students how to think.

Inclusive Boundaries And Other (Im)Possible Paths Toward Community Development In A Global World, Fran Ansley

Scholarly Works

This paper is based on a talk given at a University of Pennsylvania symposium on Social Movements and Law Reform. In it Professor Ansley takes as a case study the U.S. movement against plant closings. In the seventies, eighties and nineties this movement attempted to respond to the increasing flow of industrial capital from the U.S. to other countries. Like other social movements, it devoted a significant part of its energy to "framing" its issues - articulating and attempting to promote a particular way of looking at the issue of plant closings, de-industrialization, and the new international division of labor. …

Errors And Ethics: Dilemmas In Death, Penny White

Scholarly Works

No abstract provided.

The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser

Scholarly Works

This article reviews the work of the Juvenile Justice Clinic at the William S. Boyd School of Law.

Child Care For Families Leaving Temporary Assistance For Needy Families, Rebecca L. Scharf, Sujatha Jagadeesh Branch, Cynthia Godsoe, Sherry Leiwant, Roslyn Powell, Cary Lacheen

Scholarly Works

Since Temporary Assistance for Needy Families (TANF) replaced the Aid to Families with Dependent Children program in 1996, the welfare rolls have decreased by more than 40 percent. While unemployment and poverty rates have declined, families who leave welfare generally earn low wages and remain below the poverty level. Because families leaving welfare are mostly single mothers with young children, child care is critical to their ability to work outside the home. Low-income parents trying to make ends meet, as well as employers of low-wage workers, emphasize the importance of appropriate, affordable child care in enabling women who leave welfare …

Ending Illegitimate Advocacy: Reinvigorating Rule 11 Through Enhancement Of The Ethical Duty To Report, Lonnie T. Brown, Jr.

Scholarly Works

This article seeks to draw attention to certain ethical misconduct of litigators that is routinely accepted, tolerated, or ignored by the legal profession. Though there are other examples, the author focuses on conduct prohibited by Federal Rule of Civil Procedure 11. In particular, the author concentrates on that rule's so-called “safe harbor” provision, which he argues serves to insulate, and possibly encourage, illegitimate advocacy in the form of the assertion and maintenance of frivolous claims, defenses, or other contentions ironically, the very conduct that the rule was ostensibly intended to deter. Regardless of the frequency of this sort of misbehavior, …

The Lawyering Process Program: Building Competence And Confidence, Terrill Pollman, Jennifer B. Anderson

Scholarly Works

In this article, the authors describe the Lawyering Process Program at the William S. Boyd School of Law. Like their colleagues at law schools across the country, students at the Boyd School of Law spend the early part of their law school careers learning the basics of legal research and writing. Unlike many of their fellow IL's, however, Boyd students also learn other important concepts and skills. The Lawyering Process Program at Boyd is a unique, three-semester class that includes significant instruction and experience in four areas: (1) legal writing and analysis; (2) legal research; (3) lawyering skills; and (4) …

Procedural Uniformity And The Exagerated Role Of Rules, Thomas O. Main

Scholarly Works

No abstract provided.

Women, Writing & Wages: Breaking The Last Taboo, Jan M. Levine, Kathryn M. Stanchi

Scholarly Works

No abstract provided.

Recognizing Race In The American Legal Canon, Fran Ansley

Scholarly Works

No abstract provided.

Mission Possible: A Paradigm For Analysis Of Contractual Impossibility At Regent University, C. Scott Pryor

Scholarly Works

Describes a multi-perspective approach to academic legal analysis at a religiously affiliated law school.

Third Party Payments To Criminal Defense Lawyers: Revisiting United States V. Hodge And Zweig, David Orentlicher

Scholarly Works

No abstract provided.

Identifying Real Dichotomies Underlying The False Dichotomy: Twenty-First Century Mediation In An Eclectic Regime, Jeffrey W. Stempel

Scholarly Works

Some people (lawyers, scholars, judges, dispute resolvers, policymakers) are more concerned about fidelity to procedural protocols while others are more concerned with the substantive rules governing disputes and substantive outcomes. Those in the dispute resolution community preferring facilitation tend to be proceduralists. For them, the observance of proper procedure is a high goal, perhaps the dominant goal. They reason, often implicitly, that adherence to the rules of procedure is the essence of neutrality, fairness, and the proper role of a dispute resolving apparatus. At some level, usually subconscious, there is a post-modern philosophical aspect of this preference. Because humans cannot …

Pioneers In The Legal Profession: Some Of The First African-American And Women Lawyers In Tennessee, Dwight Aarons

Scholarly Works

No abstract provided.

Tax Lawyers, Ethical Obligations, And The Duty To The System, Watson

Scholarly Works

Perhaps the most elusive area of law is that of legal ethics. While the term itself is easy to define,' the subject all but defies codification because ethics, or morals (the terms are interchangeable), cannot be encapsulated by or in law. This is because law, in general, contains its own standard of validity on which there is usually clear societal consensus. For example, murder, rape, and theft are morally repugnant universally. Hence, punishment for any of these offenses does not impinge upon religious or individual autonomy because there is no ethical freedom to choose whether or not to engage in …

Lawyering, Power, And Reform: The Legal Campaign To Abolish The Broad Form Mineral Deed, Dean Rivkin

Scholarly Works

No abstract provided.

Pro Bono Service At The William S. Boyd School Of Law, Mary E. Berkheiser, Christine Smith

Scholarly Works

The mission of the William S. Boyd School of Law is to serve Nevada, and the legal and academic communities by developing and maintaining an innovative educational program that will train ethical and effective lawyers and leaders for Nevada and for the legal profession. To put the school’s mission in motion, we have begun by stressing community service, professionalism and the roles, responsibilities, skills and values of lawyers, and by involving students and faculty in community service projects in ways that will benefit our state.

Child Care In The Postwelfare Reform Era: Analysis And Strategies For Advocates, Rebecca L. Scharf, Jo Ann C. Gong, Alice Bussiere, Jennifer Light, Marc Cohan, Sherry Leiwant

Scholarly Works

Adequate child care is essential to enable poor women to support their families with work outside the home. In 1994 the U.S. General Accounting Office found that offering a child care subsidy to poor mothers increased the likelihood by 15 percent that the mothers would work. An Illinois study found that 20 percent of parents who left public assistance for work returned to assistance because of child care problems. In Minnesota a study found that lack of child care caused 14 percent of parents awaiting child care subsidies to leave their jobs and rely on public assistance. These studies confirm …

Recent Case Developments, Jeffrey W. Stempel

Scholarly Works

Recent case developments in Insurance law in the year 1998-1999.

Representing Defendants On Charges Of Economic Crime: Unethical When Done For A Fee, David Orentlicher

Scholarly Works

No abstract provided.

Teaching Ethics And Professionalism In Litigation: Some Thoughts, Jean M. Cary

Scholarly Works

No abstract provided.

Legal Services Lawyers And The Influence Of Third Parties On The Lawyer-Client Relationship: Some Thoughts From Scholars, Practitioners, And Courts, Samuel J. Levine

Scholarly Works

Among the challenges facing the lawyer who renders legal services to clients with limited means are ethical and professional questions relating to the influence of third parties on the lawyer-client relationship. Although all lawyers may potentially face ethical dilemmas involving third parties, legal services lawyers are particularly vulnerable to such issues because, unlike most lawyers, legal services lawyers generally rely on the financial support of someone other than their client. These challenges may take many forms, affecting a variety of ethical and professional considerations. Levine examines a number of areas in which bar association committees, scholars, and courts have addressed …

Reflections On Lawyering For Reform: Is The Highway Alive Tonight, Dean Rivkin

Scholarly Works

No abstract provided.

Classifying Race, Racializing Class, Fran Ansley

Scholarly Works

No abstract provided.

It's A Wonderful Life, Or Is It - America Without Judicial Independence, Penny White

Scholarly Works

No abstract provided.