Digital Commons Network^™

Who Should Regulate The Ethics Of Federal Prosecutors, Rory K. Little

Fordham Law Review

No abstract provided.

Glass Ceilings And Open Doors: A Reaction, Patricia M. Wald

Fordham Law Review

No abstract provided.

Conflicts Between Attorneys And Social Workers Representing Children In Delinquency Proceedings, Lisa A. Stranger

Fordham Law Review

No abstract provided.

Accip Reports, 8 Of 10: Accip Report On The Education Of California Indians., Unknown

Native Health Database Full Text

This conference notebook is a compilation of the workshop agenda, conference objectives, and reference material. The references material includes: 1) brochures for elder organizations; 2) summaries of national aging care and advocacy groups; 3) listings of regional and national resources; 4) articles from, The Provider: IHS Primary Care journal, National Institute on Aging magazine, and U.S. Medicine journal; 5) a directory of American Indian, Alaskan Native, and Native Hawaiian Program Administration on Aging; 6) charts and graphs showing statistics on nursing homes; and 7) information on sources of funding for health care. The notebook also includes the biographies of the …

Analysis Of Population And Demographic Trends Of American Indians And Alaska Natives (Ai/An) Populations. Final Report., Unknown

Native Health Database Full Text

Today, an increasing number of American Indian and Alaska Native elders need assistance, and most prefer to have long-term care services provided in their home and communities. While many people associate long-term care only with nursing homes, home and community-based long-term care is actually much broader than this kind of care. It consists of a range of services aimed at helping people with chronic conditions to compensate for limitations in their ability to function independently and helping caregivers to sustain their roles in assisting at-risk family members and friends. These home and community-based long-term care services range from the least …

Constructing A New Theoretical Framework For Home Improvement Financing, Julia Patterson Forrester Rogers

Faculty Journal Articles and Book Chapters

In this Article, I advocate modification of the law governing home improvement financing. In section I, I discuss the prevalence of home improvement scams, the dual system of home improvement financing available to affluent and poor homeowners, and the social cost of home improvement scams. Despite attempts by lawmakers to protect homeowners from unscrupulous home improvement contractors and lenders, home improvement scams remain a significant consumer problem. Most victims of such scams are poor, minority, and elderly homeowners. These homeowners obtain home improvements and home improvement financing through a system with tremendous potential for abuse. In this system, contractors and …

Independent Adotion: In Whose Best Interest?, Susan A. Munson

Seton Hall Law Review

No abstract provided.

Constitutional Law - First Amendment - Bar Association Rule Prohibiting Lawyers From Sending Targeted Mail Solicitations To Personal Injury Or Wrongful Death Victims Or Their Families Within Thirty Days Of An Accident Withstands First Amendment Scrutiny For Commercial Speech - Florida Bar V. Went For It, Inc., 115 S. Ct. 2371 (1995)., William F. Clarke Jr.

Seton Hall Law Review

No abstract provided.

Henry Berry Lowry: Champion Of The Dispossessed, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The nineteenth century stands apart in the minds of indigenous peoples as a period of extreme hardship. Tribes in the first half of this era, were initially victimized by the enactment of devastating "segregation" measures (i.e. the Indian Removal policy and later the Reservation policy). Later in the century, when it was clear that segregation was an insufficient response to intercultural relations, the federal government shifted its powerful attention to a series of overtly ethnocidal "civilization," or better termed, "Americanization" measures. Broadly stated, such measures entailed the cultural assimilation, the spiritual assimilation, and the physical assimilation of indigenous lands and …

The Violence Against Women Act Project: Teaching A New Generation Of Public Interest Lawyers, Minna J. Kotkin

Journal of Law and Policy

No abstract provided.

Attorney Direct-Mail Solicitation Revisited In Florida Bar V. Went For It, Inc.: A Step Too Far, Israel Dahan

Journal of Law and Policy

No abstract provided.

Malpractice And Environmental Law: Should Environmental Law "Specialists" Be Worried?, J.B. Ruhl

Vanderbilt Law School Faculty Publications

This article examines the field of environmental law as a potential minefield for malpractice claims given its complex and dynamic nature. The article outlines principles for malpractice law applied to environmental law, based on malpractice principles applied in the tax and patent fields.

A. Kenneth Pye - A National Legal Education Figure, Millard H. Ruud

SMU Law Review

No abstract provided.

Why Hard Cases Make Good (Clinical) Law, Paul D. Reingold

Clinical Law Review

In 1992, when the University of California's Hastings College of Law decided to offer a live-client clinic for the first time, its newly hired director had to make several decisions about what form the program should take. The first question for the director was whether the clinic should be a single-issue specialty clinic or a general clinic that would represent clients across several areas of the law. The second question, and the one that will be the focus of this essay, was whether the program should restrict its caseload to "easy" routine cases or also accept non-routine, less controllable litigation. …

Clinical Scholarship: Improving The Practice Of Law, Peter A. Joy

Clinical Law Review

The very existence of the Clinical Law Review challenges us to consider what is meant by legal scholarship in general and clinical legal scholarship in particular. Like Six Characters in Search of an Author, clinician authors have plied their wares in a variety of venues in search of a journal broad enough in its vision to cast their rich and varied contributions to clinical legal scholarship. The Clinical Law Review has become that venue. In the foreword to the first issue of the Clinical Law Review, the editors briefly trace the developments of clinical legal education and clinical legal scholarship. …

Field Placement Programs: Practices, Problems And Possibilities, Robert F. Seibel, Linda H. Morton

Clinical Law Review

The American Bar Association (ABA) has encouraged the development of field placement programs along with other clinical methodologies. However, the ABA has also responded to the increased prominence of externship programs by increasing the specificity of its accrediting regulations governing the content, teaching, and review of field placement programs. These new requirements, embodied in Interpretation 2 of Accreditation Standard 306(c), are more detailed and specific than the regulations governing other parts of the curriculum, including other clinical offerings. They have been received critically by externship faculty and others. This kind of micromanagement is the very type of intervention that may …

A Year In Practice: The Journal Of A Reflective Clinician, Stacy Caplow

Clinical Law Review

According to the old saw, "those who can't do, teach." For a year in 1992-1993, I set out to prove to myself that those who teach can too do. Thanks to an obscure provision in the regulations of the United States Attorney's Office, and with the cooperation and encouragement of both my Dean and the United States Attorney for the Eastern District of New York, I was able to spend a year as an Assistant United States Attorney (AUSA) in the Civil Division litigating a wide variety of cases ranging from the most mundane to the most sophisticated. This bus …

Ethical Decisionmaking And Ethics Instruction In Clinical Law Practice, Joan L. O'Sullivan, Susan P. Leviton, Deborah J. Weimer, Stanley S. Herr, Douglas L. Colbert, Jerome E. Deise, Andrew P. Reese, Michael A. Millemann

Clinical Law Review

Ida Brown was eighty-six, increasingly confused and physically ill. Two doctors, including her treating physician, certified that she was incompetent. The social services department sought the appointment of a guardian for her, in order to sell her home in which she had lived for forty-seven years and put her in a nursing home. Ms. Brown told her student attorneys to tell the guardianship court she wanted to be left alone. One of the students thought the law clinic should consent to the appointment of a guardian. His supervisor disagreed, arguing that the clinic should develop an in-home care plan, but …

A Modest Offer To Clinicians From The Legal Aid Society, Daniel L. Greenberg

Clinical Law Review

Elsewhere in this issue of the Clinical Law Review, Stacy Caplow tells a "there and back again" story of her year-long foray into legal practice and her reflections upon it when she returned to the academy. I too have a "there and back again" story to tell, but mine is a tale of a return to the world of poverty law practice in New York City after a not-at-all-brief sojourn behind the ivy-coated walls of the academy. From 1971 to 1987, I was a staff attorney and managing attorney of Mobilization for Youth (MFY) Legal Services on the lower east …

Constructing A Clinic, Philip G. Schrag

Clinical Law Review

Twenty-five years ago, I was appointed to the faculty of Columbia Law School and asked to start a clinical program. In retrospect, I can see that I knew very little about how to construct a clinic, or even about what questions to ask myself or others about clinic design. I therefore began by doing what most people do in new or unfamiliar situations: I tried to replicate what I knew best from my prior experience. I had worked as a lawyer on the staff of the NAACP Legal Defense Fund, so I tried to work with students, as I had …

The Color Of Money, Paul F. Campos

Publications

No abstract provided.

Bulletin 1996-1997, Seattle University School Of Law

Viewbooks

No abstract provided.

Begging The Federal Question: Removal Jurisdiction In Wrongful Discharge Cases, Michael D. Moberly

Seattle University Law Review

This Article analyzes the federal question jurisdiction issue in the context of state law claims for wrongful discharge in violation of public policy articulated in federal law. Part II of this Article contains a general discussion of the public policy exception to the employment at will rule. Part III discusses removal and federal question jurisdiction. Part IV analyzes cases relevant to the issue of federal question removal jurisdiction in the wrongful discharge context, including the United States Supreme Court's decisions in Merrell Dow Pharmaceuticals v. Thompson and Christianson v. Colt Industries Operating Corp. This Article concludes that a wrongful discharge …

Excessive Criminal Justice Caseloads: Challenging The Conventional Wisdom, Jerold H. Israel

Articles

Since the mid-1960s, no element of the criminal justice environment has received more attention and been accorded greater importance, in both popular and professional commentary, than has the pressure of heavy caseloads. The lack of sufficient resources to deal with overbearing caseloads has been widely characterized as the most pervasive and most critical administrative challenge faced by police, prosecutors, public defenders, and courts.' National commissions have regularly complained that the criminal justice system is "overcrowded, overworked, [and] undermanned," and must be given "substantially more money" to cure those ills if it is ever to perform all of the tasks assigned …

The Bankruptcy Rulemaking Process, Alan N. Resnick

Hofstra Law Faculty Scholarship

No abstract provided.

The Firm Revisited: Somebody At The Justice Department Has Been Reading John Grisham, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

Bowen V. American Family Insurance Group: An Unsettling Change In South Dakota Subrogation Law, Rebecca L. Morlock

South Dakota Law Review

No abstract provided.

Regulatory Cooperation Between The European Commission And U.S. Administrative Agencies, George Bermann

Faculty Scholarship

This Article examines the policies and practices of the European Commission toward various forms of bilateral regulatory cooperation with administrative agencies of the United States. To place this Article's findings in a proper perspective, it is essential to understand both (A) the selection of the European Community (E.C.) as an appropriate overseas regulatory jurisdiction for such cooperation and (B) the reasons for focusing on the European Commission among the various E.C. institutions. Those questions are taken up in this Introduction. Part I describes in some detail the organization and functioning of the Commission. Part II – the core of this …

Comment On Moliterno, Legal Education, Experiential Education, And Professional Responsibility, Lance Liebman

Faculty Scholarship

In attempting to predict and prescribe the future, my vision of the recent history of legal education differs from Professor Moliterno's in certain relevant ways.

I graduated from Law School in 1967. I learned largely through doctrinal courses that delivered steady training in thinking like a lawyer and information about areas of law. These courses exposed me and my classmates to legal lingo and to the standard types of legal arguments. We learned, largely by hearing the teacher and our fellow students, to make verbal moves and to see the strengths and limitations of others' argumentation skills and techniques. We …

Latino Ethnic Identity And Stress: A Study Using The Multigroup Ethnic Identity Measure And The Hispanic Stress Inventory, Carolyn S. Law

Master's Theses

No abstract provided.