Digital Commons Network^™

Dedication: David N. Edelstein: A Servant Of Justice And Fordham, John D. Feerick

Fordham Law Review

No abstract provided.

Truth And Consequences, Stephen Ellmann

Fordham Law Review

No abstract provided.

What Do You Do When You Meet A Walking Violation Of The Sixth Amendment If You're Trying To Put That Lawyer's Client In Jail, Vanessa Merton

Fordham Law Review

[A] prosecutor…enters a courtroom to speak for the People and not just some of the People. The prosecutor speaks not solely for the victim, or the police, or those who support them, but for all the People. That body of "The People" includes the defendant and his family and those who care about him

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

Fordham Law Review

No abstract provided.

The Story Of Mr. G.: Reflections Upon The Questionability Competent Client, Mark Spiegel

Fordham Law Review

No abstract provided.

Parental Rights Termination Jurisprudence: Questioning The Framework, Jennifer Wriggins

Faculty Publications

The article analyzes the Supreme Court’s decision in M.L.B. v. S.L.J., 519 U.S. 102 (1996), which held that where a state provides an appeal from a judgment terminating parental rights, it must, under the due process and equal protection clauses provide indigent appellants with a transcript if a transcript is necessary to review the decision. In doing so, it questions the framework used to analyze parental rights termination decisions. Specifically, it questions the sharp line drawn between cases concerning termination of parental rights (in which parents have certain constitutional protections) and cases concerning child custody (in which parents lack those …

Political Control Over Special Districts In Local Government: A Case Study Of The Las Vegas - Clark County Library District, John Thompson Stephens

UNLV Retrospective Theses & Dissertations

This thesis examines the Las Vegas - Clark County Library District over the five year period from 1991 to 1995. Based on interviews, local media coverage and budgetary data, the work traces the development of the library district during its most turbulent times. As a case study of special districts or "functional feudalities", the Las Vegas - Clark County Library District provides an excellent microcosm for understanding competing elites, interest group politics, budgetary problems, and public perception as determinants of policy made by a non-elected governing board.

Hard Choices: Thoughts For New Lawyers, David C. Vladeck

Georgetown Law Faculty Publications and Other Works

Rarely do law schools challenge students to examine their assumptions about what being a lawyer really means. Seldom do law schools undertake a probing examination of the role that lawyers play in society and the choices that lawyers have to make in terms of how they spend their working lives. For example, how many of you have a clue about the basic facts of our profession? How many lawyers there are in the United States? What do they do? What percentage work for the government? For large law firms? For small firms? For legal services organizations? For public interest groups? …

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

Georgetown Law Faculty Publications and Other Works

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. For in balancing the tension between encouraging effective representation, but at bearable social cost, U.S. jurisdictions stress the latter, all but ignoring the former. The English approach, by contrast, has paid generously, at least in serious cases, thereby implicitly recognizing that defenders could …

The Probative Value Of Statistical Evidence In Employment Discrimination Litigation Involving Colleges And Universities In The United States, 1993€“1998., Wendy Gates Troxel

All ETDs from UAB

No abstract provided.

A World Wide Web Site Of Special Education Law For Educators In Illinois, Roger L. Epperson

Masters Theses

Any educational decision regarding evaluation, placement, or instruction of special education students involves legal liability and accountability for a school district. Without the special education legal knowledge from primary legal sources needed to make prudent education decisions, school districts are vulnerable to legal challenges. Too often, educators provide services to special education students without critical knowledge of the educators' role in the special education legal process.

In this study, just the preliminary phase of constructing a special education law World Wide Web (W3) site for Illinois educators was considered. There were two objectives in this study. The first objective was …

Disclosure Of Special Education Students' Records: Do The 1999 Idea Regulations Mandate That Schools Comply With Ferpa?, Thomas A. Mayes, Perry A. Zirkel

Journal of Law and Policy

No abstract provided.

Adjudicative Justice In A Diverse Mass Society, Jack B. Weinstein

Journal of Law and Policy

No abstract provided.

Dc Consortium Of Legal Service Providers: Legal Services 2000 Symposium, Peter B. Edelman

Georgetown Law Faculty Publications and Other Works

My main point is to urge you to the see what is possible in the way of what I might call a public health approach to lawyering for the poor. In a public health approach you find something that has polluted the river and you clean it up at its source instead of just treating its victims one by one. In legal and societal terms, when we are discussing why so many children are growing up poor and dying a slow death of disappointment, the challenge is to think about it in a public health way. Of course we cannot …

Don't Get Lost In Translation: Teaching Law Students To Work With Language Interpreters, Angela Mccaffrey

Clinical Law Review

The General Practice Clinic at Hamline University School of Law was established in 1985. It was designed to provide civil legal services to low income persons, including persons who are relative newcomers to Minnesota, as a result of being refugees from their homelands. Over the years the students have assisted clients with family law matters, supplemental security insurance hearings, consumer cases, reemployment insurance hearings and immigration cases, particularly related to family reunification. As a result of client priorities and the availability of other resources in the community, the largest area of client need has been in the immigration area. Of …

Appreciating Collaborative Lawyering, Ascanio Piomelli

Clinical Law Review

In April 1988, I returned to East Palo Alto, California, to join its Community Law Project as a staff attorney. After two and a half years as a housing and employment law litigator at a legal services office in Fresno, I was glad to return to the San Francisco Bay Area. I was particularly eager to work in East Palo Alto because of its history, demographics, and a political climate that was refreshingly out of step with most of the rest of the nation in the eighth year of the Reagan Administration. Thirty miles south of San Francisco, five miles …

Passion, Context, And Lawyering Skills: Choosing Among Simulated And Real Clinical Experiences, Deborah Maranville

Clinical Law Review

In this article I argue that the common topology, which divides "clinical" courses into simulation courses, "live"client clinics, and "externships," has become more misleading than helpful, masking both differences within categories and similarities among them. In order to take the next steps in transforming the law school curriculum we should abandon this typology and focus instead on three primary achievements of "clinical" methodologies: - generating passion in our students, - providing context for their learning, - teaching lawyering skills.

Social Justice Collaboratives: Multidisciplinary Practices For People, Louise G. Trubek, Jennifer J. Farnham

Clinical Law Review

Multidisciplinary practices (MDPs) are a big item in legal news. State and national professional associations as well as scholars are preoccupied with the challenges to traditional legal practice. The push to revise legal institutions to allow expansion of lawyer-nonlawyer practices stems from the rapid growth and importance of large business consultancies. MDPs, however, are also an important development in reenvisioning legal practice for low and moderate income people. We are in a period of experimentation on how to provide assistance to people in dealing with law and legal institutions. There is a flowering of academic writing, conferences, and practitioner accounts …

When Winning Isn’T Everything: The Lawyer As Problem Solver, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

Today I want to address the question of what the modern lawyer needs to know and what the modern lawyer must know how to do to be good at what he or she does, to be helpful to clients, to lead a fulfilling life, and hopefully, to leave the world a better place than he or she first found it. I went to law school to work on that illusive jurisprudential concept - justice. On the outside walls of the Edward Bennett Williams Library where I work in Washington, DC, is a quote, which we attribute to a former Georgetown …

Clinical Education For This Millennium: The Third Wave, Margaret Martin Barry, Jon C. Dubin, Peter A. Joy

Clinical Law Review

This article focuses on the continuing transformation of legal education and the role of clinical legal education in training competent, ethical practitioners. Part I examines the primary challenges that clinicians confronted in the past: to create a clinical legal education teaching methodology and to establish viable, enduring clinical programs in law schools throughout the country. Part II discusses a variety of different models for integrating clinical methodology either throughout the curriculum or as a core feature of the curriculum. In Part III, we analyze a variety of the most pressing challenges and opportunities for clinical legal education and the larger …

Mission Impossible?: Ethical Community Lawyering, Shauna I. Marshall

Clinical Law Review

Lawyers working in low income and poorly resourced communities as well as teachers and law students working in clinical programs engage, from time to time, in a style of practice known as community lawyering. The practice is premised upon the belief that one way to remedy certain types of problems in poor communities is for the community to be an integral part of the development and implementation of the solutions to those problems. This style of lawyering envisions lawyers becoming a part of the community in which they work, bringing to the community the knowledge and expertise that they have …

An Approach To Community University Partnerships: Discoveries On The Road To America's Promise, Nancie Teresa Biver

Partnerships/Community

This paper is a journey that explores the complexity and optimism of community/higher education partnerships to support youth. It provides an analysis of the dynamics and history of power and racism. It raises critical questions regarding the role and approach of higher education and America’s Promise, the national alliance for youth. Ultimately, it offers an opportunity to view our communities differently and engage in a process that provides the potential for authentic democratic solution generating, inclusive of the grassroots voice.

This work seeks to enhance the process and intellectual thought supporting the higher education initiative within America’s Promise and community/higher …

Introduction: Performing Latcrit, Robert S. Chang, Natasha Fuller

Faculty Articles

This introduction examines the four articles in this cluster on LatCrit praxis. The four articles can be seen as case studies that explore different aspects of LatCrit praxis. Pedro Malavet examines the role literature and the arts can play as a form of antisubordinationist practice. Nicholas Gunia focuses on Jamaican music as a particular site of antisubordinationist practice, showing us that resistance comes in many forms and that LatCrit practitioners must have a broad theory for social change that is not limited to legislatures, courtrooms, classrooms, and law reviews. Alfredo Mirande Gonzalez employs personal narrative to tell us how he …

Confronting The Limits Of Gay Hate Crimes Activism: A Radical Critique, Dean Spade, Craig Willse

Faculty Articles

Questioning the emancipatory potential of hate crimes activism for sexual and gender non-normative people, this paper outlines the limits of criminal justice remedies to problems of gender, race, economic and sexual subordination. The first section considers some of the positive impacts of hate crimes activism, focusing on the benefits of legal "naming" for disenfranchised constituencies seeking political recognition. In the next section the authors outline the political shortcomings and troubling consequences of hate crimes activism. First, they examine how hate crimes activism is situated within a "mainstream gay agenda," a term they use to designate the set of projects prioritized …

Representing The Poor And Homeless: Innovations In Advocacy Tackling Homelessness Through Economic Self-Sufficiency, Susan R. Jones

GW Law Faculty Publications & Other Works

The homeless community is diverse, and the causes of homelessness are complex. As part of a Symposium entitled, "Representing the Poor and Homeless: Innovations in Advocacy Tackling Homelessness through Economic Self-sufficiency," the author discusses the challenges faced by those who attempt to address the needs of homeless people. This essay focuses on policies and innovations in income creation for homeless people. The author advocates for integrated approaches to homelessness prevention and policies that combine housing, income, and social services. In this regard, the author explores economic self-sufficiency through such innovations as microenterprise development, a rapidly growing and innovative strategy in …

Dialogue Magazine, Winter 2000

Dialogue, the magazine of the DePaul University College of Law

No abstract provided.

Uncoupling The Law Of Takings, Michael A. Heller, James E. Krier

Articles

The law of takings couples together matters that should be treated independently. The conventional view, shared by courts and commentators alike, has been that any takings case can be resolved in one of two ways: either there is a taking and compensation is due, or there is no taking and no compensation is due. These results are fine as long as one holding or the other serves the two central concerns of the Takings Clause - eficiency and justice. But a problem arises when the two purposes behind the law of takings come into cordhct, as they readily might. It …

The "Watchman For Truth": Professional Licensing And The First Amendment, Robert Kry

Seattle University Law Review

This Article addresses a particular aspect of many kinds of professional practice: the rendering of advice to clients. Drawing on their knowledge and experience, professionals may recommend a certain course of action to their clients in the course of their practice. The client may then assess the recommendation and decide whether or not to act on it. This aspect of professional practice involves a speech-related activity, so government regulation might raise at least a colorable First Amendment issue. This Article also focuses on a particular aspect of the regulation of professional advice, namely, licensure. When professional advice rendering activities are …

Consti–Tortion: Tort Law As An End-Run Around Abortion Rights After Planned Parenthood V. Casey, A.J. Stone Iii.

American University Journal of Gender, Social Policy & the Law

No abstract provided.

J. Stanley Fry And Beverly Fry V. Duce Sporting Good, Inc. : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

BRIEF OF RESPONDENT AND MOTION FOR ATTORNEY'S FEES Appeal from the Order and Judgment of the Third Judicial District Court of the State of Utah, in and for Salt Lake County, The Honorable Bryant H. Croft, Judge