Digital Commons Network^™

Women's Rights Under Siege, Nadine Strossen

Articles & Chapters

No abstract provided.

Growth And Development Of Street Gangs, Audrey D. Guymon

Masters Theses

This field study of the growth and development of street gangs was conducted in the spring of 1996 at a medium security prison utilizing a semi-structured interview with 69 inmates who were known present or former gang members. Since the sample was taken from a population of convicted felons, the results reflect the environment of the participants and may not be representative of gang members as a whole.

The field study determined that the majority of the participants came from two parent homes, had joined the gang between the ages of 9 and 15, lacked positive male role models, and …

Campaign Finance Reform: Still Searching Today For A Better Way, Joel M. Gora

Journal of Law and Policy

No abstract provided.

Medical Malpractice And Managed Care Organizations: The Implied Warranty Of Quality Medical Malpractice: External Influences And Controls: Iv. Malpractice And Managed Care: How Should Tort Law Respond To Changes In The Delivery Of Medical Care, William S. Brewbaker Iii

Articles

No abstract provided.

Latino And Latina Critical Theory: An Annotated Bibliography Symposium: Latcrit: Latina/Os And The Law: Policy, Politics &(And) Praxis, Jean Stefancic

Articles

No abstract provided.

Voicing Differences (Comment), Margaret E. Montoya

Faculty Scholarship

Jane Aiken and Kimberly O'Leary undertake the difficult work of developing specific approaches and techniques for taking account of characteristics such as race/ethnicity, gender, dis/ability, and sexual identity in clinical pedagogy. Carolyn Grose uses outsider narratives and popular culture to challenge the "pre-understanding" of students, and to assist them to accept client stories as true and valid. Focusing on the professional value of striving to promote justice, fairness, and morality identified in the MacCrate Report, Professor Aiken exhorts us to promote justice by unmasking privilege, the invisible package of unearned assets--about which I (we? or you?) was "meant" to remain …

The Organizational Client: Attorney-Client Privilege And The No-Contract Rule, Sherman L. Cohn

Georgetown Law Faculty Publications and Other Works

A basic issue in the law governing lawyers is the identification of an attorney's client. Various duties, obligations, and rights arise from the attorney-client relationship. In the case of the individual who is a client, the answer is relatively easy. But in the case of the organizational client, the issue becomes more complex and the answers still are evolving. Indeed, the answer may differ depending on the legal context in which the question is asked and on the individual values being served.

Learning From Colleagues: A Case Study In The Relationship Between "Academic" And "Ecological" Clinical Legal Education, Robert J. Condlin

Clinical Law Review

From the beginning of its resurgence in the 1960s, the clinical movement in American legal education has been driven by a kind of "academic" perspective. Emphasizing the necessary relationship between theory and practice, the central role of ideas in the development of behavioral competence, and the importance of the intellectual dimension of professional socialization, this perspective has shaped not only the intellectual content of most American clinical legal education, but also its programmatic structure. Academic clinical instruction is characterized by a commitment to supervision by full-time law faculty, on cases selected principally for their educational value, based in law offices …

Accepting The 1997 Aals Section On Clinical Legal Education Award For Outstanding Contributions To Clinical Legal Education, Awarded To Edgar S. Cahn And Jean Camper Cahn (Posthumously), Edgar S. Cahn, Clinical Law Review

Clinical Law Review

It is difficult to speak briefly of the extraordinary accomplishments of Edgar S. Cahn and Jean Camper Cahn in the fields of poverty law, human rights, and clinical legal education. These achievements, described eloquently by the University of the District of Columbia School of Law Faculty in their unanimous nomination of the Cahns for the Section's Award, have decisively shaped the meaning of the law for generations of lawyers and clients. The very existence of the legal services program, threatened though it is today, owes a great deal to the work of the Cahns, including their pathbreaking 1964 article, "The …

Subjunctive Lawyering And Other Clinical Extern Paradigms, Kate E. Bloch

Clinical Law Review

Every decision in legal practice contains an ethics component. Legal education must, therefore, prepare prospective lawyers to recognize and resolve these ethical issues in a principled manner. Because law students who participate in live-client clinical programs become both observers and direct actors in the ethics of legal decisions, the clinical experience provides an intensely motivating and uniquely concrete opportunity to teach and learn legal ethics. Enhancing student perception and understanding of legal ethics represents a nearly universal goal of clinical teachers. The clinician's emphasis, the student's pre-existing ethics consciousness, and the immersion in the immediacy of live lawyering prompt students …

Testing The Grades: Evaluating Grading Models In Clinical Legal Education, Stacy L. Brustin, David F. Chavkin

Clinical Law Review

In 1994, the JOURNAL OF LEGAL EDUCATION published a survey of grading practices at law schools across the United States. That survey revealed a mix of grading approaches for clinical programs. 31 percent of all clinical courses used a fully-graded model; 33 percent graded students on a pass/fail basis; and 16 percent utilized both graded and pass/fail models. The article did not attempt to evaluate qualitatively the effectiveness of the various grading models. At about the same time that this article was published, clinicians teaching in Columbus Community Legal Services (CCLS) of The Catholic University of America were reconsidering the …

Striving To Teach "Justice, Fairness, And Morality", Jane Harris Aiken

Clinical Law Review

By far the most challenging value is the injunction to strive to promote justice, fairness, and morality. Arguably, the first value, the provision of competent representation, can be fostered by effective skills training. The third value, striving to improve the profession, can be fostered through active participation in the Bar. The fourth value, professional self-development, appears to be mainly concerned with effective Continuing Legal Education programs that enhance lawyers' ability to learn through experience. Yet methods of promoting the second value are not only less obvious than they are for the other three values, but also more difficult. The MacCrate …

A Field Trip To Benetton ... And Beyond: Some Thoughts On "Outsider Narrative" In A Law School Clinic, Carolyn Grose

Clinical Law Review

One of the goals of clinicians as teachers is to train law students to listen to, hear and retell their clients' stories. This task is complicated by the fact that the students - who are for the most part white and middle-class, and by definition college-educated - inhabit a world vastly different from - indeed some might say diametrically opposed to - the world inhabited by the clinic's client population, which generally tends to be poor people with a limited education, and for the most part people of color. Given these differences, students' ability to hear and believe their clients' …

The Bounds Of Professionalism: Challenging Our Students; Challenging Ourselves, Beverly Balos

Clinical Law Review

Professor Aiken, in her article Striving to Teach "Justice, Fairness, and Morality," recognizes the importance of integrating the "analysis of difference into traditional courses to ensure that students begin the life-long process of examining their exercise of privilege and develop an appreciation of the professional value of striving for justice, fairness, and morality." Her article sets out a pedagogical approach to legal education with the goal of constructing a learning experience that maximizes reflection and unmasks privilege. Aiken's article raises important issues for all of us concerned with legal education and the competent representation of clients. Focusing first on the …

Voicing Differences, Margaret E. Montoya

Clinical Law Review

Jane Aiken and Kimberly O'Leary undertake the difficult work of developing specific approaches and techniques for taking account of characteristics such as race/ethnicity, gender, dis/ability, and sexual identity in clinical pedagogy. Carolyn Grose uses outsider narratives and popular culture to challenge the "pre-understanding" of students, and to assist them to accept client stories as true and valid. Focusing on the professional value of striving to promote justice, fairness, and morality identified in the MacCrate Report, Professor Aiken exhorts us to promote justice by unmasking privilege, the invisible package of unearned assets- about which I (we? or you?) was "meant" to …

Small Business And Community Economic Development: Transactional Lawyering For Social Change And Economic Justice, Susan R. Jones

Clinical Law Review

Small business and community economic development (CED) clinics represent an important and growing component to the future of clinical legal education. The national political trend is away from government entitlements and toward personal responsibility and economic self-sufficiency. This shift has encouraged the growth of more small business and CED clinics at law schools. This article analyzes the benefits to clinical legal education of these transactional clinics' in contrast to more traditional clinics by exploring these clinics contribution to the development of the skills and values sought to be taught through clinical legal education. Part I explains the importance of microbusinesses …

My Summer Vacation: Reflections On Becoming A Critical Lawyer And Teacher, Minna J. Kotkin

Clinical Law Review

I've spent my summer "vacation" reading wonderful articles by clinicians, critical legal theorists, and fellow travellers about lawyering and teaching for an anthology I'm editing, entitled Critical Lawyering. Having dumped my caseload on my long suffering colleague, I've had a bit of time to do what I'm always asking of my students, but do so little of myself: reflect upon how to be a better lawyer. Given all of this theory that I supposedly have mastered, have I actually changed the way I do things? What do I do differently? I've concluded that my teaching and lawyering have changed over …

Volume 4 Spring 1998 Number 2, Clinical Law Review

Clinical Law Review

No abstract provided.

A New Direction For State Corporate Codes, Mark J. Loewenstein

Publications

No abstract provided.

Hong Kong: The Journey To A Bilingual Legal System, Yuhong Zhao

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

After Pocahontas: Indian Women And The Law, 1830 To 1934, Bethany Ruth Berger

American Indian Law Review

No abstract provided.

A Matter Of Trust: The Elimination Of Federally Funded Legal Services On The Navajo Nation, Katherine J. Wise

American Indian Law Review

No abstract provided.

Volume 21 1997

American Indian Law Review

No abstract provided.

Book Review Of Silencing The Opposition: Government Strategies Of Suppression Of Freedom Of Expression, By Craig R. Smith, Jethro K. Lieberman

Other Publications

No abstract provided.

Fostering Diversity In The Legal Profession: A Model For Preparing Minority And Other Non-Traditional Students For Law School, Lorraine K. Bannai, Marie Eaton

Faculty Articles

Undergraduate institutions, on their own and in partnership with law schools, can and should play a more significant role in expanding the pool of law school applicants from non-traditional backgrounds. The Law and Diversity Program at Western Washington University was conceived out of this desire to prepare non-traditional students for the study of law and thereby help bring more diversity to the legal profession. This article discusses the model used by the Law and Diversity Program to prepare non-traditional students for law school and the program's success in accomplishing its goals. It was the hope of the author to create …

Bulletin 1997-1998, Seattle University School Of Law

Viewbooks

No abstract provided.

Domestic Violence, Character, And Social Change In The Welfare Reform Debate, Joan S. Meier

GW Law Faculty Publications & Other Works

This article addresses the recently discovered connection between domestic violence and welfare “dependency.” Empirical research among welfare populations shows that over 50% of women receiving welfare are or have recently been battered, and that partner abuse is a major reason for the continuing poverty of many women.

The question the author asks and begins to answer is why this connection has not previously been identified or publicized by either the battered women’s movement or the anti-poverty movement, and what the challenge may be to both movements as they attempt to address it in the context of welfare reform. The author …

The Short Happy Life Of Litigation Between Tortfeasors: Contribution, Indemnification And Subrogation After Washington's Tort Reform Acts, Stewart A. Estes

Seattle University Law Review

Section I summarizes the history and development of tort law in Washington, with an emphasis on the impact of the 1981 and 1986 Tort Reform Acts and their imperfect union. Section II outlines the traditional equitable remedies that are potentially available to a tortfeasor seeking reimbursement for having paid more than its share. Section III sets out the thesis and explains why under current law a tortfeasor's suit for reimbursement should be the exception, not the rule. The need, and the basis, for such litigation is dependent upon the existence of joint and several liability-which now occurs only infrequently.

The Tax Lawyer’S Duty To The System, Linda Galler

Hofstra Law Faculty Scholarship

Americans are losing faith in lawyers. An American Bar Association poll conducted during the O.J. Simpson criminal trial revealed a substantial erosion in the public's respect for criminal defense lawyers. One article reporting on the ABA poll asked, "Would it be surprising if, in the public mind, quality lawyering is coming to be equated with a Machiavellian disregard for the truth?" Indeed, trial lawyers and their ethics were the subject of caustic political rhetoric during the 1996 presidential campaign. Clearly, lawyers' ethics are under public scrutiny. It is thus particularly good timing for a new edition to Bernard Wolfman, James …

Washington Legal Foundation V. Texas Equal Access To Justice Foundation: Is There An Iota Of Property Interest In Iolta, Brennan J. Torregrossa

Villanova Law Review (1956 - )

No abstract provided.