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Letters To The Editor, Carolyn Grose

Clinical Law Review

I'm writing in response to Stephen Ellmann's comments on the "Dealing with Difference" articles in the Fall, 1997 issue of the Review. [Editor's note: Professor Ellmann's letter was published in 5 CLIN. L. REV. 335-36 (1998).] His comments both exemplify the problem I wrote about in my essay (A Field Trip to Benetton. . . and Beyond: Some Thoughts on "Outsider Narrative" in a Law School Clinic, 4 CLIN. L. REV. 109 (1997)) and raise an important question regarding our roles as teachers and lawyers. Steve asks "what is the role of 'objectivity' in lawyering that is sensitive to difference?" …

Lawyer For Empowerment: Community Development And Social Change, Daniel S. Shah

Clinical Law Review

Since legal scholarship first portrayed community development as a paradigmatic field for lawyers to participate in affecting collective empowerment, lawyers in legal service organizations, law firms, and law school clinics have increasingly engaged in community development practice. Through the representation of community based organizations working to combat the conditions of urban poverty, community development law practice seeks to affect social change for inner city residents through neighborhood revitalization, affordable housing development, and community economic development. How do the processes of community development affect its intended beneficiaries? To what extent does the involvement of lawyers affect the practice, structure, and goals …

Unwritten Laws And Customs, Local Legal Cultures, And Clinical Legal Education, Andrea M. Seielstad

Clinical Law Review

As a clinical teacher I have the opportunity each semester to witness third-year law students discover, in many cases for the first time in their lives, what it means to be a practitioner of law. Through representation of real clients, student interns have the opportunity to engage in a variety of typical lawyering activities, such as interviewing and counseling of clients and witnesses, case planning, preparation of written pleadings and other documents, negotiation, and trial advocacy. Informed by a law school education that emphasizes the litigation process and the study of the written law, including certain areas of substantive law …

Why In-House Live Client Clinics Won't Work In Romania: Confessions Of A Clinician Educator, Rodney J. Uphoff

Clinical Law Review

Romanians eat our Big Macs, wolf down pizza slices at Pizza Hut, and guzzle Coca-Cola. They wear baseball caps, Nike clothing, and tennis shoes. They listen to American rap and pop music, see American movies with Romanian subtitles, and watch all of our old television shows. Romanians of all ages, but especially the young, hunger and thirst for all things Western, particularly from the United States. Doesn't it follow, then, that Romanian law schools ought to have - and, indeed, Romanian law professors would want - that symbol of an innovative, modern American law school curriculum: a live client clinical …

Ethics Consult: Client Choice, Wise Counsel, And Economic Realities: The Forces That Shape The Representation Of Elders, Michael K. Mcchrystal

Faculty Publications

The relationship between a client and attorney, while always complex, may become even more complicated when the client is elderly. This column explores three aspects of particular importance in such cases.

Partnerships That Work: National Service And Business In Welfare To Work, Robert J. Keast

Partnerships/Community

Welfare-to-work has come to the fore of the social policy debate in recent years. This especially has been the case since the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). PRWORA significantly altered over 60 years of American welfare policy by creating a public assistance program with the aim of replacing public sector welfare checks with private sector paychecks. In order to reach this goal, time limits on receipt of assistance as well as stronger work requirements have become central in moving people from welfare and into work.

Federal Consultation With Indian Tribes: The Foundation Of Enlightened Policy Decisions, Or Another Badge Of Shame?, Derek C. Haskew

American Indian Law Review

No abstract provided.

[On The] Road Back In: Community Lawyering In Indigenous Communities, Christine Zuni Cruz

American Indian Law Review

No abstract provided.

The Effect Of Welfare Reform On Immigrant Children, Gillian Dutton

Faculty Articles

Welfare reform's changes in immigration laws-aimed at working-age adults-may have a lasting effect on immigrant children in the United States. By familiarizing themselves with the most common barriers to assistance and ways to overcome them, advocates can help immigrant children access the benefits they need to lead better lives.

Transfer Pricing, Anders Leif Allvin

LLM Theses and Essays

Transfer pricing is one of the principal international taxation issues of the 1990s and potentially of future decades as well. For corporate enterprises, it can be difficult enough to do business in just one country, but it gets even more complex when they go international. The growth of multinational enterprises (MNEs) creates complex taxation issues for both the tax administrations as well for the MNE. Transfer pricing concerns allocation of income earned within affiliated corporate groups in different countries, which must satisfy tax authorities that they are not evading taxes through the use of transfer pricing. The main problem with …

Bulletin 1999-2000, Seattle University School Of Law

Viewbooks

No abstract provided.

Economic Incentives In Representing Publicly-Funded Criminal Defendants In England's Crown Court, Peter W. Tague

Fordham International Law Journal

The flux now engulfing the way in which the defenders of indigent criminal defendants are compensated in England's Crown Court provides a sober lesson for U.S. lawyers. Once, U.S. lawyers, who themselves are appointed to represent indigent defendants, could have cited English practice to support a hefty increase in the meager compensation they receive in many jurisdictions. Spiraling costs in England, however, have brought dramatic changes, and have occurred in a rush. This essay explores compensatory schemes, incentives to reduce the cost of case resolution, and methods to ensure adequate advocacy.

Canada's Approach To Jurisdiction Over Cybertorts: Braintech V. Kostiuk, Daniel P. Schafer

Fordham International Law Journal

This comment explores a judgment in Texas against a Canadian defendant and corresponding suit in Canada seeking to enforce the judgment. The ultimate determination was significant, representing the first time that a Canadian appellate court addressed the impact of the Internet on a Court's adjudicatory decision. The comment explores the difficulty that the internet poses to the doctrine of recognition and enforcement of foreign judgments.

Perspectives On Competition Law: Problems And Solutions, David A.O. Edward

Fordham International Law Journal

This essay suggests that it does not follow that competition between jurisdictions is good merely because competition between economic operators in pursuit of economic goals is a good thing. The result, as the discussion on television indicated, may simply be a jurisdictional mess, as Dr. Markus Wagemann put it. You end up with all sorts of people seeking to pursue their own values: cultural values, regional values, and linguistic values; and the economic operator simply does not know where he or she stands in this jurisdictional competition. This point can perhaps be completed by simply mentioning a remark made to …

Thin Red Line: An Analysis Of The Role Of Legal Assistants In The Chapter 13 Bankruptcy Process, David G. Epstein

Law Faculty Publications

The delegation by a lawyer of substantial amounts of non-ministerial functions to legal assistants raises various unauthorized practice of law issues. This Article provides an overview of the Chapter 13 bankruptcy process and state law rules regarding the unauthorized practice of law. We then discus~ these rules in the context of a typical Chapter 13 debtor practice.

Proceedings Of The One Hundred Fourth Annual Meeting Of The North Dakota State Bar Association, North Dakota State Bar Association

North Dakota Law Review

No abstract provided.

Illinois State University Student Handbook, 1999-2000, Office Of Student Life

Student Handbooks

Handbook for Illinois State University students.

Usd Magazine Winter 1999 14.2, University Of San Diego

University of San Diego Magazine (1992- )

Contents; Alcala Almanac; A Chorus of Love; God Lives Here; The Parent Trap; On Your Case; Dorm Room Chic; Alumni Gallery; Calendar; Parting Shot

International Trade, C. Michael Hathaway, John C. Kingery, Stephen J. Powell, Timothy M. Reif

The International Lawyer

No abstract provided.

Canada-United States Law Journal Content Index Volumes I-Xxv, Index

Canada-United States Law Journal

No abstract provided.

Legal Aid And Public Interest Law In China, Benjamin L. Liebman

Faculty Scholarship

This article describes the evolution of legal aid and public interest law in China and examines its implications for the legal profession and the law in the context of four intertwined developments: first, China's efforts to establish a nationwide system of government-run legal aid centers; second, China's attempt to expand the availability and improve the quality of legal representation for indigent criminal defendants; third, China's bid to force the legal profession to serve poor clients via mandatory pro bono requirements for lawyers; fourth, the development of non-governmental legal aid centers and the expanding incentives for profit-oriented lawyers to take on …

The Evolving Role Of Marketing In Large And Mid Size Law Firms, Kathleen Sams Flippen

Theses and Dissertations

Despite the fact that attorneys face stringent ethical restrictions regarding claims they can make about their legal abilities, the culture of many law firms is probably the greatest barrier to effective legal marketing. Expectancy theories, which state that behavior follows rewards, support this hypothesis. Culture affects many facets of a law firm: (1) its attitude about profitability, (2) the attorneys' understanding of effective business procedures, (3) the definition of value — from the firm's perspective and the perspective of clients and prospects, (4) management structure, decision making, and accountability, and (5) attitudes about change. This thesis examines the role that …

Birbrower, Montalbano, Condon & Frank, P.C. V. Superior Court: A Defensible Outcome, But A Striking Example Of The Need To Reform Unauthorized Practice Of Law Provisions

San Diego Law Review

The comments of then-Governor Pete Wilson perhaps echo a commonly held, nationwide belief: the State Bar of California is arrogant.2 If the State Bar of California has been perceived historically as aloof, then the Supreme Court of California created a public relations nightmare-indeed, threw gasoline on a simmering inferno-with its recent opinion in the case of Birbrower, Montalbano, Condon & Frank, P.C. v. Superior Court ("Birbrower If').' In Birbrower II, the court held that a New York law firm was unable to collect the majority of its fees,

which exceeded one million dollars, because some of its attorneys- none of …

Independence Standard No. 2: Certain Independence Implications Of Audits Of Mutual Funds And Related Entities, December 1999; Isb No. 2, Independence Standards Board

Association Sections, Divisions, Boards, Teams

No abstract provided.

The Dichotomy Between Standards And Rules, Mary C. Daly

Vanderbilt Journal of Transnational Law

The differences in perception between U.S. and foreign lawyer codes of conduct is more than simply a matter of academic interest or curiosity. It is only a matter of time until the WTO turns its attention to the codes, examining whether and to what extent they create illegitimate regulatory barriers to trade in legal services. As the participants in the Forum on Transnational Legal Practice have come to realize, if the legal profession is to play a meaningful role in cross-border regulation, it must seize the initiative, much as the CCBE did in 1988 with the adoption of the CCBE …

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.

The West Digest System: The Ninth Circuit And The Montana Supreme Court, Fritz Snyder

Faculty Law Review Articles

This article analyzes the West Digest System. The article first describes the West Digest System. Next, the article compares Montana jurisprudence with that of the Ninth Circuit in light of numerical analysis of the West Digest System. Then the article discusses certain digest topics as reflections of American law. Finally, the article examines the curious symbiotic relationship between the West Digest System and the growth of American jurisprudence.

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.

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

Scholarly Works

No abstract provided.