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2001

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Filial Responsibility Statutes: Legal And Policy Considerations, Seymour Moskowitz Jan 2001

Filial Responsibility Statutes: Legal And Policy Considerations, Seymour Moskowitz

Journal of Law and Policy

No abstract provided.


Legal Ethics And Moral Dilemmas: Strategizing Around Race In The Provision Of Client Service, Richelle Samuel Jan 2001

Legal Ethics And Moral Dilemmas: Strategizing Around Race In The Provision Of Client Service, Richelle Samuel

Journal of Law and Social Policy

No abstract provided.


Damage Control: Promoting The Goals Of The Individuals With Disabilities Education Act By Foreclosing Compensatory Damage Awards, Angela Hamilton Jan 2001

Damage Control: Promoting The Goals Of The Individuals With Disabilities Education Act By Foreclosing Compensatory Damage Awards, Angela Hamilton

Utah Law Review

Congress enacted the IDEA to ensure that all children with disabilities have the right to receive a FAPE, and provided federal assistance to states in order to ensure they have the resources to protect this right. Congress did not provide, however, that compensatory damage awards are available under the IDEA, nor did they suggest that such an award would promote the goal of providing FAPEs to all disabled children. Any implication that such a remedy is available to redress a denial of a FAPE is an affront to what Congress hoped the IDEA would provide to disabled children. As Sellers …


Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard Jan 2001

Renewable Bar Admission: A Template For Making "Professionalism" Real, Jayne W. Barnard

Faculty Publications

The citizens of this country should expect no less than the highest degree of professionalism when they have entrusted administration of the rule of law-one of the fundamental tenets upon which our society is based-to the legal profession. Re-examination was not originally required of medical specialists, but [the American Board of Medical Specialties] quickly recognized that a lifetime certification, even with required continuing education provided little incentive for doctors to keep up with new medical knowledge and techniques. Similarly, continuing [legal] education requirements alone are not sufficient to assure the integration of new law and procedure into a lawyer's practice. …


And Now A Word About Secular Humanism, Spirituality, And The Practice Of Justice And Conflict Resolution, Carrie Menkel-Meadow Jan 2001

And Now A Word About Secular Humanism, Spirituality, And The Practice Of Justice And Conflict Resolution, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

The papers presented in this Dialogue raise very important and moving questions about the relationship of spirituality, moral values, and religion to the practice of law generally, and the practice of conflict resolution specifically. In this Commentary, I want to focus on two related questions: First, where do our moral values, spirituality, and sense of communion or connection come from? And second, how do values derived from various sources of secular humanism inform our practices? For some of us, organized religion is not the primary source of our commitment to the "moral" values that inform our legal and conflict resolution …


Ethics In Adr: The Many "Cs" Of Professional Responsibility And Dispute Resolution, Carrie Menkel-Meadow Jan 2001

Ethics In Adr: The Many "Cs" Of Professional Responsibility And Dispute Resolution, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

I have been teaching both alternative dispute resolution ("ADR") and professional responsibility for a long time, and I will devote the majority of this essay to reporting on some of the enormous changes and developments in this field. However, I will begin with a mea culpa at a higher level of ethical consciousness than the rules that govern us, or are about to govern us, typically use. I have spent the last five years of my life writing ethical rules for ADR, and I am worried about the future of this field. There are many changes occurring in ADR, and …


Lawyers For The Abused And Lawyers For The Accused: An Interfaith Marriage, Abbe Smith, Ilene Seidman Jan 2001

Lawyers For The Abused And Lawyers For The Accused: An Interfaith Marriage, Abbe Smith, Ilene Seidman

Georgetown Law Faculty Publications and Other Works

In this article, we will explore what unites lawyers for the abused and lawyers for the accused. In Part II, we will discuss our connection as poverty lawyers concerned about the dignity of individual clients. In Part III, we will discuss our shared commitment to the adversarial system, legal process, and access to justice. In Part IV, we will address the challenge of teaching students who represent victims or perpetrators to be zealous and devoted advocates - but also to care about social and legal injustice on both sides.


Transcending From The Race For First Lady To The Race For First Lady President| A Rhetorical Criticism Of Elizabeth Dole, Kimberly Sue Flansburg Jan 2001

Transcending From The Race For First Lady To The Race For First Lady President| A Rhetorical Criticism Of Elizabeth Dole, Kimberly Sue Flansburg

Graduate Student Theses, Dissertations, & Professional Papers

No abstract provided.


Learning Through Service In A Clinical Setting: The Effect Of Specialization On Social Justice And Skills Training, Antoinette Sedillo Lopez Jan 2001

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

Clinical Law Review

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. The essay concludes that the dual aspects of the …


Beyond Skills Training, Stephen Wizner Jan 2001

Beyond Skills Training, Stephen Wizner

Clinical Law Review

This article promotes a broad view of clinical legal education as having a political and moral purpose that informs the field's intellectual and skills-training functions. Consulting the history of the field, the author demonstrates that the clinical approach to legal education has always been rooted in a social justice mission. The author urges clinical teachers not only to teach legal knowledge and lawyering skills but also the value of pursuing social justice. The author uses the Yale clinical program to illustrate some of the ways in which clinical legal educators can use client-centered legal services work to teach students to …


Unbundling And Law School Clinics: Where's The Pedagogy?, Mary Helen Mcneal Jan 2001

Unbundling And Law School Clinics: Where's The Pedagogy?, Mary Helen Mcneal

Clinical Law Review

This article explores unbundling, also known as discrete task assistance and limited legal assistance, and the role it might play in a law school clinical program. After defining unbundled legal services, examples of which include pro se clinics, hotlines, and community education programs, the article outlines the advantages and disadvantages of such services offered on behalf of low- and moderate- income clients. The article then outlines the pedagogical disadvantages of providing unbundled legal services in law school clinics, which include limited skill development and the risk that law students will accept dual standards of representation for rich and poor clients. …


Clinical Education In Russia: "Da And Nyet", Lawrence M. Grosberg Jan 2001

Clinical Education In Russia: "Da And Nyet", Lawrence M. Grosberg

Clinical Law Review

This essay, which grows out of the author's work with law professors in Russia under the auspices of the ABA's Central and East European Law Initiative (CEELI), examines the role that Western clinical legal educators can play in Russian legal education. The essay begins by briefly describing the historical context for the CEELI project and presenting a profile of the Russian law school. The essay then describes some of the author's experiences in Russia and offers suggestions for future Western involvement in Russian legal education.


Building Bridges, Building Walls: Collaboration Between Lawyers And Social Workers In A Domestic Violence Clinic And Issues Of Client Confidentiality, Jacqueline St. Joan Jan 2001

Building Bridges, Building Walls: Collaboration Between Lawyers And Social Workers In A Domestic Violence Clinic And Issues Of Client Confidentiality, Jacqueline St. Joan

Clinical Law Review

This article is the first in a series that examines the experience and impact on clients, students, and cases of lawyer, social worker and researcher collaboration in an interdisciplinary domestic violence clinic and the ethical challenges that such a design creates. After describing the collaborative structure of this particular clinic design, the author summarizes the reports of students and faculty about interdisciplinary collaboration, and makes suggestions for improvement in collaborative service delivery. The article reviews the current literature on interdisciplinary legal collaboration and evaluates alternative solutions to confidentiality dilemmas, and proposes the use of a confidentiality wall as a means …


Views On Multidisciplinary Practice With Particular Reference To Law And Economics, New York, And North Carolina, Sydney M. Cone Iii. Jan 2001

Views On Multidisciplinary Practice With Particular Reference To Law And Economics, New York, And North Carolina, Sydney M. Cone Iii.

Articles & Chapters

This Article-after describing analytical gaps in the work of the ABA Commission on MDP, and after criticizing the analysis of MDP by the law and economics school and the Big Five subset thereof-sets forth, with commentary, proposals relating to MDP developed by the New York State Bar Association and the MDP Task Force of the North Carolina Bar Association. It concludes by comparing these proposals in the context of the law governing lawyers in the United States.


Inquiry And Activism In Law And Society, Frank W. Munger Jan 2001

Inquiry And Activism In Law And Society, Frank W. Munger

Articles & Chapters

No abstract provided.


Sentencing Reform In The Other Washington, David Boerner, Roxanne Lieb Jan 2001

Sentencing Reform In The Other Washington, David Boerner, Roxanne Lieb

Faculty Articles

Washington State's sentencing reform in the early 1980s encompassed all felonies, including those resulting in sentences to prison and jail; the state also enacted the first and only sentencing guidelines for juvenile offenders. Several lessons are suggested from Washington's experience: sentencing guidelines can change sentencing patterns and can reduce disparities among offenders who are sentenced for similar crimes and have similar criminal histories; a sentencing commission does not operate as an independent political force, except when such delegation serves the legislature's purpose; guidelines are policy-neutral technologies that can be harnessed to achieve the legislature's will; in states where citizen initiatives …


"Rush To Riches" The Rules Of Ethics And Greed Control In The Dot.Com World, Robert C. Kahrl, Anthony T. Jacono Jan 2001

"Rush To Riches" The Rules Of Ethics And Greed Control In The Dot.Com World, Robert C. Kahrl, Anthony T. Jacono

Minnesota Journal of Law, Science & Technology

No abstract provided.


Defending Humanity, Peter M. Cicchino Jan 2001

Defending Humanity, Peter M. Cicchino

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Introductory Remarks To The Peter M. Cicchino Award Symposium & Ceremony, Claudio Grossman Jan 2001

Introductory Remarks To The Peter M. Cicchino Award Symposium & Ceremony, Claudio Grossman

American University Journal of Gender, Social Policy & the Law

No abstract provided.


A Defender Of Humanity: In Honor Of Peter Cicchino, Leti Volpp Jan 2001

A Defender Of Humanity: In Honor Of Peter Cicchino, Leti Volpp

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Race Expectations: Arkansas African-American Attorneys, Judith Kilpatrick Jan 2001

Race Expectations: Arkansas African-American Attorneys, Judith Kilpatrick

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Re-Envisioning Models For Pro Bono Lawyering: Some Historical Reflections, Susan D. Carle Jan 2001

Re-Envisioning Models For Pro Bono Lawyering: Some Historical Reflections, Susan D. Carle

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Our Better Half: A Public Interest Lawyer Reflects On Pro Bono Lawyering And Social Change Litigation, Martha F. Davis Jan 2001

Our Better Half: A Public Interest Lawyer Reflects On Pro Bono Lawyering And Social Change Litigation, Martha F. Davis

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Lawyer And Public Service, Russell G. Pearce Jan 2001

The Lawyer And Public Service, Russell G. Pearce

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Daniel Allen Temple V. Samuel W. Smith, Warden, Utah State Prison : Brief Of Appellant, Utah Supreme Court Jan 2001

Daniel Allen Temple V. Samuel W. Smith, Warden, Utah State Prison : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from an Order of the Third District Court for Salt Lake County, State of Utah, the Honorable Marcellus K. Snow, Judge, presiding.


Dixie Whitaker V. James Whitaker : Brief Of Appellant, Utah Supreme Court Jan 2001

Dixie Whitaker V. James Whitaker : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from an Order and Judgment of the Third District Court for Salt Lake County, State of Utah, the Honorable Stewart M. Hanson, Jr., Judge, presiding.


Larson Ford Sales, Inc. V. J. Taylor Silver : Brief Of Appellant, Utah Supreme Court Jan 2001

Larson Ford Sales, Inc. V. J. Taylor Silver : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from an Order of the Third District Court for Salt Lake County, State of Utah, the Honorable Bryant H. Croft, Judge, presiding.


Larson Ford Sales Inc. V. J. Taylor Silver : Brief Of Respondent, Utah Supreme Court Jan 2001

Larson Ford Sales Inc. V. J. Taylor Silver : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

Appeal from an order of the Third District Court for Salt Lake County, State of Utah, the Honorable Bryant H. Croft, Judge, presiding.


Robert B. Hansen V. Petrof Trading Company Inc. : Brief Of Respondent, Utah Supreme Court Jan 2001

Robert B. Hansen V. Petrof Trading Company Inc. : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE THIRD JUDICIAL DISTRICT COURT FOR SALT LAKE COUNTY, STATE OF UTAH, HONORABLE STEWART M. HANSON, JUDGE


Mack Financial Corporation V. Nevada Motor Rentals : Brief Of Respondent, Utah Supreme Court Jan 2001

Mack Financial Corporation V. Nevada Motor Rentals : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM THE JUDGMENT OF THE THIRD JUDICIAL DISTRICT COURT FOR SALT LAKE COUNT^, STATE OF UTAH, THE HONORABLE BRYANT H. CROFT, JUDGE