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Articles 841 - 870 of 892
Full-Text Articles in Entire DC Network
Comment: United States V. Lopez-Vasquez: How Much Process Is Due? Mass Deportation Hearings And Silence As A Waiver Of The Right To Appeal, Frederic J. Giordano
Comment: United States V. Lopez-Vasquez: How Much Process Is Due? Mass Deportation Hearings And Silence As A Waiver Of The Right To Appeal, Frederic J. Giordano
Brooklyn Journal of International Law
No abstract provided.
Forewords: Edward Sparer's Legacy, Elizabeth M. Schneider
Forewords: Edward Sparer's Legacy, Elizabeth M. Schneider
Brooklyn Law Review
No abstract provided.
Equality, Entitlement, And National Health Care Reform: The Challenge Of Managed Competition And Managed Care, Rand E. Rosenblatt
Equality, Entitlement, And National Health Care Reform: The Challenge Of Managed Competition And Managed Care, Rand E. Rosenblatt
Brooklyn Law Review
No abstract provided.
Iolta's Last Obstacle: Washington Legal Found V. Massachusetts Bar Found.'S Faulty Analysis Of Attorneys' First Amendment Rights, Risa I. Sackmary
Iolta's Last Obstacle: Washington Legal Found V. Massachusetts Bar Found.'S Faulty Analysis Of Attorneys' First Amendment Rights, Risa I. Sackmary
Journal of Law and Policy
No abstract provided.
Lawyers In Lust: Does New York's New Rule Addressing Attorney-Client Sexual Relations Do Enough?, David Pincus
Lawyers In Lust: Does New York's New Rule Addressing Attorney-Client Sexual Relations Do Enough?, David Pincus
Journal of Law and Policy
No abstract provided.
The Battered Woman And Homelessness, Gretchen P. Mullins
The Battered Woman And Homelessness, Gretchen P. Mullins
Journal of Law and Policy
No abstract provided.
Critical Race Theory: An Annotated Bibliography 1993, A Year Of Transition Bibliography, Richard Delgado, Jean Stefancic
Critical Race Theory: An Annotated Bibliography 1993, A Year Of Transition Bibliography, Richard Delgado, Jean Stefancic
Articles
No abstract provided.
International Procedures For Protecting The Human Rights Of Non-Citizens, Sharryn Aiken, Tom Clark
International Procedures For Protecting The Human Rights Of Non-Citizens, Sharryn Aiken, Tom Clark
Journal of Law and Social Policy
No abstract provided.
Legitimacy And The Power Game, Michelle S. Jacobs
Legitimacy And The Power Game, Michelle S. Jacobs
Clinical Law Review
Clinicians argue that the clinical teaching approach does not fall prey to the hierarchical structure of the traditional faculty-student relationship. The argument has been made that traditional faculty, while engaged in the "Socratic" method of teaching, have used a hierarchical structure to manipulate and abuse the power relationship between themselves and their students. Clinical methodology, on the other hand, permits a relationship with the student that more closely approximates the model of the ideal lawyer-client relationship, that of equals or "near equals." Occasionally a dissenting voice arises and challenges the notion that clinical methodology is any less manipulative than traditional …
Law And Language: An Interdisciplinary Study Of Client Interviews, Gay Gellhorn, Lynne Robins, Pat Roth
Law And Language: An Interdisciplinary Study Of Client Interviews, Gay Gellhorn, Lynne Robins, Pat Roth
Clinical Law Review
This article describes an interdisciplinary project involving law students, law professors, graduate students in anthropology, and an anthropology professor. The Professional Discourse Project was an educational experiment, the defining feature of which was the use of a law school clinic as a laboratory in which law and anthropology students could explore what constitutes effective legal interviewing and could apply language theory to lawyering problems. In this interdisciplinary learning laboratory, anthropology students videotaped and transcribed lawyer-client interviews conducted by first year law students. The Project participants analyzed the data through an interdisciplinary lens. By crossing disciplinary boundaries, the Professional Discourse Project …
Regulating Law Schools: Should The Aba Accreditation Process Be Used To Speed The Implementation Of The Maccrate Report Recommendations?, Mark Heyrman
Clinical Law Review
The publication in 1992 of Legal Education and Professional Development- An Educational Continuum, the Report of the American Bar Association "Task Force on Law Schools and the Profession: Narrowing the Gap," has focussed increased attention on the issue of lawyer competency. The MacCrate Report, like other previous examinations of legal education, finds a pervasive failure to prepare lawyers to practice law competently and recommends that additional attention be paid both during law school and after graduation to insuring that lawyers are provided with the skills and values necessary to practice law. The Report includes a lengthy Statement of the Skills …
Why Not A Clinical Lawyer-Journal, Stephen Ellmann, Isabelle R. Gunning, Randy A. Hertz
Why Not A Clinical Lawyer-Journal, Stephen Ellmann, Isabelle R. Gunning, Randy A. Hertz
Clinical Law Review
The inauguration of the first journal in a field offers a singular opportunity to ruminate upon the history and present state of scholarship within that field and to speculate upon the directions such scholarship might take in the future. Being clinicians, we could hardly pass up the chance to practice what we preach (rather than merely preaching about practice) by engaging in the processes of reflection, critique, and future planning.
Collaborative Lawyering In The Field - On Mapping The Paths From Rhetoric To Practice, Lucie E. White
Collaborative Lawyering In The Field - On Mapping The Paths From Rhetoric To Practice, Lucie E. White
Clinical Law Review
Several years ago, I used a case study from South Africa as a lens for examining how power is exercised to maintain subordination, and in turn might be deployed to dismantle it. Using Steven Lukes' conception of power, I identified three dimensions on which lawyering might be a catalyst for progressive social change. On the first dimension is advocacy which seeks to make the positive law more responsive to the social welfare needs of socially disempowered groups. This dimension encompasses three familiar forms of public interest lawyering: litigation to expand welfare entitlements or improve welfare administration; lobbying to increase resources …
Conferring On The Maccrate Report: A Clinical Gaze, Beverly Balos
Conferring On The Maccrate Report: A Clinical Gaze, Beverly Balos
Clinical Law Review
The MacCrate Report provides a strong statement about the need for legal education to take seriously its responsibility for training students in the values of the profession and skills of legal practice. It is this central focus of the Report that makes it of interest to those of us who recognize the particular contribution clinical education makes to legal training. The Task Force, appointed and supported by the American Bar Association's influential Section on Legal Education and Admissions to the Bar, affirmed in its Report the importance of clinical education and the vital role it can play in the training …
The Regulation Of Legal Education; The Potential For Implementing The Maccrate Report's Recommendations For Curricular Reform, John S. Elson
The Regulation Of Legal Education; The Potential For Implementing The Maccrate Report's Recommendations For Curricular Reform, John S. Elson
Clinical Law Review
The MacCrate Task Force Report, with its muted criticisms, copious commendations and gentle recommendations sought mightily for consensus. Controversy, however, continues to be the legacy of the Report's primary conclusion that there is too great a disconnection between what law schools teach and what students need to learn for initial competence in practice. This conclusion, and most importantly, the steps that should logically follow from it, are presently being vehemently debated in the scholarly and popular media and in local and national fora that include law faculties and their various trade associations, state bar associations, the American Bar Association's various …
Reconceptualizing Clinical Scholarship As Clinical Instruction, Gary Palm
Reconceptualizing Clinical Scholarship As Clinical Instruction, Gary Palm
Clinical Law Review
The editors of the Review asked me to consider whether I still adhere to the views I expressed in my 1986 Message from the Chair in the Newsletter of the Clinical Legal Education Section of the Association of American Law Schools. That newsletter Message was in response to a position taken by Dean Susan Prager of UCLA Law School, then the President of the Association of American Law Schools, that clinical teachers should be required to produce scholarship - by which she meant research and publication. In the newsletter, I expressed concern that a publication requirement would diminish the time …
Lessons From A Semester In Practice, Liz Ryan Cole
Lessons From A Semester In Practice, Liz Ryan Cole
Clinical Law Review
He was a very big guy. He was already balding, and looked as if his body, which had been so good for football, would run to fat before he was 35. He talked as if he had a pretty high opinion of himself. He wore his shirts open one more button than the norm and always seemed to wear gold chains around his neck. This was February of his second year of law school. I'll call him Peter. She presented herself to me through her resume. The first time I read it, I had the impression she was as two-dimensional …
Clinical Scholarship And Skills Training, Peter Toll Hoffman
Clinical Scholarship And Skills Training, Peter Toll Hoffman
Clinical Law Review
The creation of a new journal of clinical scholarship is an auspicious occasion for several reasons. First, the mere existence of such a journal is an affirmation of the integrity and value of clinical legal education and of the optimism of those involved with the creation of the journal about the future of our calling as clinical teachers. Second, the inauguration of the journal offers opportunities for reflection about the current state of clinical scholarship and the future direction of our scholarly endeavors. Titling a new journal the "Clinical Law Review" invites the question of what should be contained within …
The Role Of Casuistry In Legal Ethics: A Tentative Inquiry, Paul R. Tremblay
The Role Of Casuistry In Legal Ethics: A Tentative Inquiry, Paul R. Tremblay
Clinical Law Review
This Essay explores ethical decisionmaking within law practice "at the margins"-that is, when substantive, positive lawyering standards do not require a particular resolution to moral conflict. While lawyering is unique among professions in its elaborate designation of particular rules and mandates to be applied to questions normally considered "ethical," it at the same time leaves a substantial chunk of ethical decisionmaking up to the discretion of individual practitioners. The language, the methods, and the guidance to lawyers about how to make such calls, however, are impoverished and relatively unexplored. Consider, for instance, how doctors approach ethical conflict. Compared to lawyers, …
Significant Curricular Developments: The Maccrate Report And Beyond, Gary Laser
Significant Curricular Developments: The Maccrate Report And Beyond, Gary Laser
Clinical Law Review
When I first started my career in clinical education in 1968 at Northwestern Law School, I spent most of my time practicing law, supervising students, and thinking about how my colleagues and I could dramatically improve some small corner of the world through law reform and representation of groups promoting radical societal change. It seems that I now spend most of my time on curriculum development, evaluation, and administration of the large and growing in-house and externship clinical programs at the Chicago-Kent College of Law. I still think about improving the world through clinical education, but I now tend to …
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Unitariness And Independence: Solicitor General Control Over Independent Agency Litigation, Neal Devins
Faculty Publications
With a few exceptions, the Solicitor General controls all aspects of independent agency litigation before the Supreme Court. Solicitor General control of Supreme Court litigation creates a tension between independent agency freedom and the Solicitor General's authority. On the one hand, Solicitor General control provides the United States with a unitary voice before the Supreme Court, and provides the Court with a trustworthy litigator to explicate the government's position. On the other hand, such control may undermine the autonomy of independent agency decision making. In this Article, the author argues for a hybrid model of independent agency litigation in the …
Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins
Through The Looking Glass: What Abortion Teaches Us About American Politics, Neal Devins
Faculty Publications
No abstract provided.
A Reflective Look At The Year For The World's Indigenous People, Chad Smith
A Reflective Look At The Year For The World's Indigenous People, Chad Smith
American Indian Law Review
No abstract provided.
Winner, Best Appellate Brief In The 1994 Native American Law Student Association Moot Court Competition, Andrew J. Bobzien, John H. Martin
Winner, Best Appellate Brief In The 1994 Native American Law Student Association Moot Court Competition, Andrew J. Bobzien, John H. Martin
American Indian Law Review
No abstract provided.
Redefining The Sixth Amendment, John B. Mitchell
Redefining The Sixth Amendment, John B. Mitchell
Faculty Articles
This article compares public defenders in lower courts with public defenders in superior courts across the country. The article concludes that lower criminal courts suffer from problems of funding and resource allocation and that these issues must be addressed before they can adequately administer justice.
Divorce Violence And The No-Fault Divorce Culture, Lynn D. Wardle
Divorce Violence And The No-Fault Divorce Culture, Lynn D. Wardle
Utah Law Review
One of the major purposes for no-fault divorce reform was to reduce the hostility historically associated with divorce-related litigation. Generally it was believed that eliminating fault grounds for divorce would reduce or eliminate animosity and belligerent conflict. Yet, the continued existence of pervasive serious violence associated with divorce-related litigation a quarter of a century after the adoption of no-fault divorce laws defies the claims and expectations of no-fault divorce reformers. This Article considers some of the connections between divorce and violence, and specifically between no-fault divorce and acts of serious violence by those affected by contemporary divorce-related litigation. The focus …
Oregon Consumer Protection: Outfitting Private Attorneys General For The Lean Years Ahead, Steven W. Bender
Oregon Consumer Protection: Outfitting Private Attorneys General For The Lean Years Ahead, Steven W. Bender
Faculty Articles
This article examines Oregon's UTPA with an eye toward legislative and judicial reforms that will strengthen its private cause of action and thereby facilitate private enforcement. First, the scope of the UTPA is examined. Next, private remedies authorized by the UTPA are critiqued. Finally, the role of the DOJ is reformulated in response to declining public resources and increased reliance on private enforcement.
Bulletin 1994-1995, Seattle University School Of Law
The Bespeaks Caution Doctrine: Revisiting The Application Of Federal Securities Law To Opinions And Estimates, Royce De R. Barondes
The Bespeaks Caution Doctrine: Revisiting The Application Of Federal Securities Law To Opinions And Estimates, Royce De R. Barondes
Faculty Publications
Disclosure of estimates and opinions, which are often referred to as ‘soft information,‘ has presented a number of difficult issues to courts, the Securities and Exchange Commission (SEC) and companies issuing offering materials or required to file periodic reports with the SEC. Although this type of information often consists of projections, historical financial statements also include this type of information to varying degrees. For example, a bank's statement of financial position requires specification of loan loss reserves and is therefore dependent on an assessment of future events (the timing and extent of repayment). Similarly, determination of the timing of a …
Lien Stripping After Nobelman, Jane Kaufman Winn
Lien Stripping After Nobelman, Jane Kaufman Winn
Loyola of Los Angeles Law Review
No abstract provided.