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The William S. Boyd School Of Law Juvenile Justice Clinic, Mary E. Berkheiser

Scholarly Works

This article reviews the work of the Juvenile Justice Clinic at the William S. Boyd School of Law.

Child Care For Families Leaving Temporary Assistance For Needy Families, Rebecca L. Scharf, Sujatha Jagadeesh Branch, Cynthia Godsoe, Sherry Leiwant, Roslyn Powell, Cary Lacheen

Scholarly Works

Since Temporary Assistance for Needy Families (TANF) replaced the Aid to Families with Dependent Children program in 1996, the welfare rolls have decreased by more than 40 percent. While unemployment and poverty rates have declined, families who leave welfare generally earn low wages and remain below the poverty level. Because families leaving welfare are mostly single mothers with young children, child care is critical to their ability to work outside the home. Low-income parents trying to make ends meet, as well as employers of low-wage workers, emphasize the importance of appropriate, affordable child care in enabling women who leave welfare …

Providing Counsel To Children In Dependency Proceedings In Florida, Michael J. Dale

Nova Law Review

No abstract provided.

Nova Law Review 26, 1

Nova Law Review

No abstract provided.

Can You Be A Good Person And A Good Prosecutor?, Abbe Smith

Georgetown Law Faculty Publications and Other Works

Somehow, it is understood that prosecutors have the high ground. Most people simply assume that prosecutors are the good guys, wear the white hats, and are on the "right" side. Most law students contemplating a career in criminal law seem to think this. It could be that most practicing lawyers think this, as well.

Prosecutors represent the people, the state, the government. This is very noble, important, and heady stuff. Prosecutors seek truth, justice, and the American way. They are the ones who stand up for the victims and would-be victims, the bullied and battered and burgled. They protect all …

The Political Economy Of Canada's "Widely Held" Rule For Large Banks, Eric J. Gouvin

Faculty Scholarship

All of the recent changes in foreign access to Canada's banking market have been essentially cosmetic-appearing to make foreign access more liberal while in reality changing the status quo very little. On one point, the so-called widely held rule, Canada does not even bother to pretend that its banking law is friendly to foreign entrants. Under this rule, no person or group may control ten percent or more of a Schedule I bank unless one first obtains the approval of the Minster of Finance. This rule makes foreign acquisition of a Schedule I bank virtually impossible. The widely held rule …

Has The Fog Cleared - Attorney Work Product And The Attorney-Client Privilege: Texas's Complete Transition Into Full Protection Of Attorney Work In The Corporate Context., Fred A. Simpson

St. Mary's Law Journal

The following discussion in this Article fills the gaps in the substantive rules surrounding the attorney work product doctrine and the attorney-client privilege, thereby encouraging practitioners to utilize these tools more freely. Initially, the attorney-client privilege contemplated application only to individuals. As the rule developed in the United States, however, the scope of the privilege broadened until it included corporations. Since 1982, Texas has provided for the attorney-client privilege in Texas Rule of Civil Evidence 503.149. Notably, the Rule defined client in such a way as to include a corporation. Unlike the attorney-client privilege, the work product doctrine developed much …

Attorney Referral For Medical Treatment: A Wolf In Disguise., Martin J. Phipps

St. Mary's Law Journal

Texas attorneys should be obligated to disclose whether they referred their client to a pre-selected physician. Plaintiff attorneys, however, have been allowed to withhold this information from the court arguing the information is privileged. The practice of using a pre-selected physician is unethical and unfairly prejudicial. If the attorney and physician have an agreement, the attorney is likely to send numerous clients to that specific physician in order to receive a discount. The physician in turn is likely to recommend medically unnecessary procedures in order to inflate money damages. Therefore, in order to prevent potential abuse between the attorney-physician relationship, …

Getting It Right From The Beginning: A Critical Examination Of Current Criminal Defense In Texas And Proposal For A Statewide Public Defender System., Rebecca Copeland

St. Mary's Law Journal

Abstract Forthcoming.

Religion In Public Schools: Let Us Pray - Or Not., Carolyn Hanahan, David M. Feldman

St. Mary's Law Journal

This Essay addresses judicial interpretation and application of the religious protections of students in public schools. Part II addresses the evolution of the law governing prayer in public schools, including the creation of judicial tests utilized in determining whether a school district has impeded the rights of students in the area of religion. Part III examines the application of these tests to various activities, including a discussion of the disparity in judicial interpretation with respect to the permissibility of prayer at public school functions. This Essay concludes with a discussion analyzing the effect of the recent United States Supreme Court …

The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson

Case Western Reserve Journal of International Law

No abstract provided.

Children In Poverty: In Search Of State And Federal Constitutional Protections In The Wake Of Welfare "Reforms", April Land

Utah Law Review

According to the House Report that urged adoption of the Personal Responsibility and Work Opportunity Reconciliation Act, commenting on the predecessor to the current welfare system, the Report noted the "greatest tragedy of the welfare system is how it harms the Nation's children." Under the Personal Responsibility and Work Opportunity Reconciliation Act in support of which the Report was written, it is now anticipated that 1.3 million additional children will join the children already living in poverty in this country. There are more children in inadequate daycare and housing and more children are hungry. As the number of people finding …

Perpetuating Stigma: Client Identity In Disability Rights Litigation, Laura L. Rovner

Utah Law Review

In returning to the question of whether and how lawyers can represent clients in disability rights cases in ways that are more congruent with how at least some of these clients self-identify, I find that part of the answer depends, necessarily, on what it is the client is seeking to achieve through a lawsuit in the first place. To the extent that the client's main objective is not an award of compensatory damages, there may be greater opportunity for the client's voice and story to be presented in a (relatively) unfiltered way. For a client whose primary goal is a …

Alumni Newsletter - Issue No. 75, University Of Maine School Of Law

Maine Law Magazine

• Inside front Cover: tribute to David Gregory
• Dean’s Column
• Cumberland Legal Aid Clinic
• Around Campus
• Faculty News
• Alumni News

Driving The Stake Into The Comparative Bad Faith Defense And Reverse Bad Faith Claims, Greg Munro

Faculty Journal Articles & Other Writings

This article reviews case law precedent from Montana and California that exposes holes in the legal theory of comparative fault in insurance bad faith.

Latcrit At Five: Institutionalizing A Postsubordination Future, Elizabeth M. Iglesias, Francisco Valdes

Denver Law Review

No abstract provided.

Vol. 79, No. 1: Table Of Contents, Denver University Law Review

Denver Law Review

No abstract provided.

Legal Services Corporation V. Velazquez: The Court's Missed Opportunity To Clarify The Legal Framework For Examining The Constitutionality Of Government Program Restrictions, Carrie S. Bernstein

Denver Law Review

No abstract provided.

The Supreme Court's Decision In Legal Services Corporation V. Velazquez And The Analysis Under The Unconstitutional Conditions Doctrine, Christian Hammond

Denver Law Review

No abstract provided.

Vol. 79, No. 1: Full Issue, Denver University Law Review

Denver Law Review

No abstract provided.

Maryland's Diminished Long-Arm Jurisdiction In The Wake Of Zavian V. Foudy, Jeffrey J. Utermohle

University of Baltimore Law Review

No abstract provided.

Report Of William & Mary Marshall-Wythe School Of Law 2000-2001, William & Mary Law School

Annual Report

No abstract provided.

La Causa Chicana And Communicative Praxis, Guadalupe T. Luna

Denver Law Review

No abstract provided.

The Negative Consequences Of Regulation Fd On The Capital Markets, Andrea J. Sessa

NYLS Law Review

No abstract provided.

No. 15, The Trail Of Tears In Tennessee, A Study Of The Routes Used During The Cherokee Removal Of 1838, Benjamin C. Nance, Tennessee. Department Of Environment & Conservation.

Archaeology – Investigations

No abstract provided.

Auditing Multiemployer Plans, American Institute Of Certified Public Accountants. Accounting And Auditing Publications Team

Guides, Handbooks and Manuals

No abstract provided.

Accounting And Auditing For Related Parties And Related Party Transactions: A Toolkit For Accountants And Auditors, American Institute Of Certified Public Accountants (Aicpa)

Guides, Handbooks and Manuals

No abstract provided.

Summary Analysis Of The Sec's New Independence Rule, United States. Securities And Exchange Commission, American Institute Of Certified Public Accountants (Aicpa)

Guides, Handbooks and Manuals

No abstract provided.

The Calm After The Storm: First Amendment Cases In The Supreme Court's 2000-2001 Term, Joel Gora

Faculty Scholarship

No abstract provided.

Learning Through Service In A Clinical Setting: The Effect Of Specialization On Social Justice & Skills Training, Antoinette M. Sedillo Lopez

Faculty Scholarship

Arguing against the trend toward specialization in clinical legal education, this essay addresses potential limitations of specialized legal clinics in furthering the dual mission of clinical legal education: social justice and skills training. It points out that specialized clinics limit access to justice by leaving the myriad needs of clients partially unmet. They limit students' learning about the complex needs of clients and students' ability to discover broad inequities in the legal system. Specialization makes it more difficult to train students to be creative problem solvers, and affects their professional socialization