Digital Commons Network^™

John Howie - Trial Lawyer: A Good Man, Al Ellis

Journal of Air Law and Commerce

No abstract provided.

Self-Deregulation, The "National Policy" Of The Supreme Court, Paul D. Carrington

Nevada Law Journal

No abstract provided.

State Revocation Of Law Enforcement Officers’ Licenses And Federal Criminal Prosecution: An Opportunity For Cooperative Federalism, Roger L. Goldman

Saint Louis University Public Law Review

No abstract provided.

Imminent Danger Within 28 U.S.C. 1915(G) Of The Prison Litigation Reform Act: Are Congress And Courts Being Realistic, B. Patrick Costello Jr.

Journal of Legislation

No abstract provided.

The Next Wave: Federal Regulatory, Intellectual Property, And Tort Liability Considerations For Medical Device Software, 2 J. Marshall Rev. Intell. Prop. L. 259 (2003), Paul A. Mathew

UIC Review of Intellectual Property Law

Counsel for the medical software technologist faces an unusually complex, ongoing, high-stakes challenge. Counsel operates in a special field of commercial, legal and regulatory forces: (1) intellectual property laws which govern the expression and protection of commercial rights derived from advances in medical science and technology; (2) existing and proposed contracts/warranty laws that govern technological commercial relationships; (3) negligence, professional liability, and product liability laws that govern the marketing of medical technologies; and, (4) a new body of regulation derived from the power of the federal government to indirectly provide for the safety, effectiveness, privacy, and security of medical technologies …

Whistleblowing In A Foreign Key: The Consistency Of Ethics Regulation Under Sarbanes-Oxley With The Wto Gats Provisions, Stewart M. Young

Denver Journal of International Law & Policy

No abstract provided.

Governing The Canadian State: The Constitution In An Era Of Globalization, Neo-Liberalism, Populism, Decentralization And Judicial Activism, Harry W. Arthurs

Articles & Book Chapters

Viewer discretion is advised. I am going to offer you a perspective on the constitution which is stranger even than the Trudeau vision which twenty years ago sparked his epic battles with Merv Leitch and Peter Lougheed over the National Energy Policy, the Charter, and repatriation of the Constitution. And worse yet, though I worry about the Constitution, I do not know much about it; I do not often write about it, and as I will demonstrate in a moment, I am not even sure what it is. I did, however, read something recently in a book on modern European …

State Of Utah, In The Interest Of A.H., S.H., A.H., Persons Under Eighteen Years Of Age V. T.H. : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appellate Court No. 20030160-CA Appeal from Fourth District Juvenile Court, Provo Department Civil Nos. 139442, 139444, 139445 The Honorable Jeril Wilson

Risks And Rewards Of Law Student Volunteer Service: A Supervisor’S Perspective, Julie E. Bennett, Sharon H. Fischlowitz

William Mitchell Law Review

During the 2002 academic year, law students in Minnesota contributed 16,078 pro bono service hours. This level of student pro bono activity is possible only because licensed attorneys take the time to supervise and guide students. Volunteer supervision, a task separate from the practice of law, requires time, patience, and teaching skills, and has no guaranteed outcome. One might conclude that the necessary investment is not worth the effort. However, year after year, supervisors and volunteers continue to give thousands of service hours, providing critical legal services to clients who would otherwise go unrepresented. This essay examines some of the …

The Healing Presence Of Clients In Law School, Angela Mccaffrey

William Mitchell Law Review

William Mitchell College of Law is celebrating the thirtieth anniversary of the Law Clinic. As a beneficiary of clinical legal education at William Mitchell, I write this essay to reflect on the value of clinical legal education to law students, to the clients served, and to the community at large. In my view, clinical legal education is timeless--as valuable to law students today as it was thirty years ago when William Mitchell started its first clinic. Although many things combine to make clinical education valuable, three aspects are particularly noteworthy. First, clinics give law students the chance to represent clients …

The Law School Clinic As A Model Ethical Law Office, Peter A. Joy

William Mitchell Law Review

In this essay, I contend that all clinical teachers should explicitly acknowledge that they are legal ethics and professional responsibility teachers and role models of the “good lawyer” in everything they do. I argue that every in-house clinical teacher should strive to make her clinic a model ethical law office.

In Support Of A Unitary Tenure System For Law Faculty: An Essay, Nina W. Tarr

William Mitchell Law Review

[L]aw faculties are made up of diverse groups of people who contribute to the academic mission in a variety of ways. Given this, there is no reason to isolate one subset--those who teach in the clinic--and treat them differently when it comes to influence, power, autonomy, access to resources, security, or remuneration. In short, to give them a different “status” has become a historical anachronism.

Legal Scholarship For Equal Justice: Summary Of Panel Discussion, Sam Magavern

William Mitchell Law Review

In 2002, a group of professors, deans, equal justice practitioners, and a Minnesota Supreme Court justice formed a Legal Scholarship for Equal Justice committee (LSEJ) to explore ways to link the work of professors and students to the equal justice issues faced by the bench and bar in our state. Since then, LSEJ has become a formal project of the Minnesota Justice Foundation, a nonprofit group that works at the four Minnesota law schools to integrate public service into the law school experience. So far, LSEJ has created an issues list, a class, and an annual symposium. The issues list …

“Absolute And Perfect Candor” To Clients, Vincent R. Johnson

Faculty Articles

The fiduciary duty owed to clients by attorneys is defined by the reasonable-care standard of negligence as opposed to the all-encompassing “absolute and perfect candor” rhetoric frequently used to describe the duty owed. Words have meanings and, though the use of “absolute and perfect candor” serves a beneficial purpose, reminding attorneys of the special duty owed to their clients, the fiduciary duty owed to clients is not so all encompassing and impractical.

Modern case law fails to establish that a broadly applicable duty of “absolute and perfect” candor applies to the attorney-client relationship, except in a limited number of situations. …

January- February 2003, University Of North Dakota Alumni Association

ALL: UND Alumni Review Master List

January- February 2003 issue of "The University of North Dakota Alumni Review." 32 pages

Volume 86, Number 1

Special Issues In Environmental Law Involving Federal Agencies, William A. Wilcox Jr.

Villanova Environmental Law Journal (1991 - )

No abstract provided.

A Response To Thomas Steele, Gary A. Munneke

Elisabeth Haub School of Law Faculty Publications

The problem with adjunct professors teaching a course in law practice management is that they really are not in a position to think and write about the big issues, the way that full-time faculty members are; they generally have full-time responsibilities in a law firm. The law practice management field loses something valuable when so many of its teachers are part time. Although these professors bring practical experience to the classroom, they do not contribute in a larger way to the law school curriculum as a whole, or to the literature of the legal profession.

Alarmism Versus Moderation In Responding To The Rehnquist Court, Mark Tushnet

Indiana Law Journal

Symposium: Congressional Power in the Shadow of the Rehnquist Court: Strategies for the Future held at Indiana University Law School, February 1-2, 2002.

Admissions Of A Director, Sarah C. Zearfoss

UC Law Constitutional Quarterly

The admissions process at one of the nation's most prestigious law schools is as much art as it is science. Sarah Zearfoss, Director of Admissions and Assistant Dean at the University of Michigan Law School, offers a firsthand account of the school's admissions program. In the process she answers the commonly asked question, just what do admissions committees take into account when they review an application? She describes the Law School's admissions program from a functional point of view, and explains why the concept of diversity embodies far more than race. She also refutes Justice Rehnquist's analysis in dissent in …

Excellence In Nursing Education And Research [Complete Issue - Digital Origin: Third Quarter 2003, Vol. 4, 3], Adam Keener, Sigma Theta Tau International

Sigma Past Publishing - Excellence Newsletters

Publishing History: Nursing Excellence published yearly in 1998 and 1999. The publication became Excellence in the first quarter 2000. It transitioned to Excellence in Nursing Education, Excellence in Nursing Administration, and Excellence in Clinical Practice in the second quarter 2000 with volume 1, number 2. Excellence in Nursing Education transitioned to Excellence in Nursing Education & Research in the first quarter 2002.

Publishing Frequency: Yearly 1998, 1999; Quarterly 2000 - 2004.

Format: Print 1999 - third quarter 2002; Online fourth quarter 2002 - first quarter 2004. Ceased publishing in 2004.

Select features in this issue:

Support for the society, by …

Excellence In Clinical Practice [Complete Issue - Digital Origin: Third Quarter 2003, Vol. 4, 3], Adam Keener, Sigma Theta Tau International

Sigma Past Publishing - Excellence Newsletters

Publishing History: Nursing Excellence published yearly in 1998 and 1999. The publication became Excellence in the first quarter 2000. It transitioned to Excellence in Nursing Education, Excellence in Nursing Administration, and Excellence in Clinical Practice in the second quarter 2000 with volume 1, number 2. Excellence in Nursing Education transitioned to Excellence in Nursing Education & Research in the first quarter 2002.

Publishing Frequency: Yearly 1998, 1999; Quarterly 2000 - 2004.

Format: Print 1999 - third quarter 2002; Online fourth quarter 2002 - first quarter 2004. Ceased publishing in 2004.

Select features in this issue:

Support for the society, by …

I Didn't Take The Road Less Traveled, And What A Long, Strange Trip It's Been, Brian A. Glassman

Law Faculty Articles and Essays

The author describes his career path and the ways he has sought to combine his interests in law and art. The article concludes with ten survival tips to help others on their career journeys.

Addressing Domestic Violence Through A Strategy Of Economic Rights, Donna Coker

Articles

No abstract provided.

The Ninth Circuit Holds That An Employer's Financial Difficulties Can Constitute Reasonable Cause For Failure To Pay Employment Taxes - Van Camp & (And) Bennion, P.S. V. United States, Sarah S. Brieden

SMU Law Review

No abstract provided.

Roy R. Ray Lecture, Southern Methodist University Dedman School Of Law: Because We Are Final: Judicial Review Two Hundred Years After Marbury, Linda Greenhouse

SMU Law Review

No abstract provided.

First Options, Consent To Arbitration, And The Demise Of Separability: Restoring Access To Justice For Contracts With Arbitration Provisions, Richard C. Reuben

SMU Law Review

No abstract provided.

Resolving Attorneys' Fees In Texas Business Litigation, Ralph I. Miller, Angela C. Wennihan

SMU Law Review

No abstract provided.

Deceptive Trade Practices - Consumer Protection Act, A. Michael Ferrill, Leslie Sara Hyman

SMU Law Review

No abstract provided.

Filling In The Gaap: Will The Sarbanes-Oxley Act Protect Investors From Corporate Malfeasance And Restore Confidence In The Securities Market, Andrew F. Kirkendall

SMU Law Review

No abstract provided.

The Myth Of Machismo: An Everyday Reality For Latin American Women, Patricia M. Hernandez

St. Thomas Law Review

This paper attempts to present a loose, culturally driven definition of machismo and how this cultural belief affects a woman's "place" in Latin America. With this, another aim is to present a view of the available statistics regarding battering in Latin America. Finally, it is necessary to correlate machismo with the available laws and the ineffectiveness of their application. It is important to also recognize that women's rights groups within Latin America have attempted to pursue certain new avenues to combat domestic violence. Furthermore, the international community has begun to analyze the benefits and consequences associated with the attempt to …