Digital Commons Network^™

Leaders, Followers, And Free Riders: The Community Lawyer's Dilemma When Representing Non-Democratic Client Organizations, Michael Diamond, Aaron O'Toole

Fordham Urban Law Journal

This article explores various aspects of the dissonance between the democratic ideal and the reality of groups in disenfranchised and disempowered communities. The authors discuss the intersection of democracy and community action by examining the sociology of groups and the social psychology of leaders and followers. They also examine the role of, and choices presented to, an attorney working in a community and for a local community group.

Public Service In A Time Of Crisis: A Report And Retrospective On The Legal Community's Response To The Events Of September 11, 2001

Fordham Urban Law Journal

The attacks on September 11, 2001 were unprecedented in scope, and the legal needs that grew out of the attacks were varied and far-reaching. This report summarizes the response of the legal community to these needs. The response was fast, thoughtful, comprehensive, and creative. And as a result, thousands of people were helped and thousands of lawyers were able to use their professional talents and skills in a manner that both led to important services being provided to people in need and resulted in great personal satisfaction. In response to 9/11, the institutions that make up the New York area …

Preparing For The Worst: Re-Envisioning Disaster Legal Relief In The Era Of Homeland Security, Martha F. Davis

Fordham Urban Law Journal

The New York legal community's response to the September 11th disaster provides an excellent example of pro bono assistance in a time of crisis. The New York response featured many well-trained lawyers with extensive resources and organizational efforts from the New York City bar. However, not all communities have the same resources and ability to mobilize for a large pro bono effort in response to a disaster. While the New York response was impressive, a lasting effect on pro bono participation or an improvement in the public's perception of the legal profession has not resulted. This essay explores whether, despite …

Broadening The Holistic Mindset: Incorporating Collateral Consequences And Reenty Into Criminal Defense Lawyering, Michael Pinard

Fordham Urban Law Journal

Over the past two decades, public defender offices across the country have broadened the range of defense services provided to indigent clients. These expanded services, some of which involve representing clients on related non-criminal matters such as housing and public benefits, are included in what is now commonly referred to as "holistic representation."' This form of representation strives to encompass the various underlying issues that often lead to clients’ experiences with the criminal justice system, with the aim of addressing those circumstances and preventing future criminal involvement. Holistic representation signals a paradigmatic shift in defense philosophy and ideology and has …

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Rodney Smolla

Richmond Journal of Law & Technology

I wish to thank the Committee for this opportunity to present testimony on the issues implicated by recent judicial rulings concerning the national telemarketing “Do Not Call” registry, developed by both the Federal Trade Commission and Federal Communications Commission.

Decollectivization And Democracy: Current Law Practice In Romania, Kandis Scott

Faculty Publications

Why have decollectivized Romanian lawyers failed to become important actors in the consolidation of their nation's democracy? Interviews of legal professionals in four Romanian cities suggest that their failure to participate in civil society inhibits avocats from becoming agents of change.

Notwithstanding the 1990-2002 statutes privatizing the bar, daily Romanian law practice differs little from collectivized practice. A similar resemblance to United States solo and small-firm practice is so striking as to belie the influence of the communist past in determining the behavior of typical Romanian lawyers today. The economics of law practice seem to explain consistent behavior in both …

With All Deliberate Speed: Civil Human Rights Litigation As A Tool For Social Change, Beth Van Schaack

Faculty Publications

It has been said that Filártiga v. Pena-Irala is the Brown v. Board of Education of human rights litigation. Like Brown, Filártiga presents one of those rare “breakthrough moments” in law. In Filártiga, the Second Circuit confirmed that victims of human rights abuses abroad could seek legal redress in United States courts under the then-obscure Alien Tort Statute (ATS). Filártiga thus inaugurated a steady line of cases in U.S. courts invoking the ATS and related statutes to adjudicate international human rights claims. For a variety of reasons, including the very existence of these statutes, civil litigation has emerged as a …

Hipaa Implications For Attorney-Client Privilege Third Annual Symposium On Legal Malpractice & (And) Professional Responsibility., Alex L. Bednar

St. Mary's Law Journal

Abstract Forthcoming.

What Attorneys Should Know: A Comprehensive Analysis Of Proposed Rule 8a Third Annual Symposium On Legal Malpractice & Professional Responsibility: Recent Development., Kellie E. Billings

St. Mary's Law Journal

Abstract Forthcoming.

A Delicate Task: Balancing The Rights Of Children And Mothers In Parental Termination Proceedings, Catherine J. Ross

GW Law Faculty Publications & Other Works

This article considers the independent liberty interests of children in foster care and their mothers in parental termination proceedings. Federal reforms enacted in 1997 impose a mandatory deadline for the state to terminate parental rights. That policy erroneously presumes that the passage of time suffices to establish parental fault and satisfies a parent's due process rights to her child. The policy also fails to protect the minority of children in foster care who assert an interest in preserving a safe relationship with mothers who are unlikely to regain custody within the state's time frame - including many substance abusers, incarcerated …

Post- Gideon Developments In Law And Lawyering, Timothy Everett

Faculty Articles and Papers

No abstract provided.

Ralph Leroy Menzies V. Hank Galetka : Addendum To Opening Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

No abstract provided.

Ralph Leroy Menzies V. Hank Galetka, Utah State Prison Warden : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM A FINAL ORDER OF THE THIRD DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE PAT BRIAN

Ralph Leroy Menzies V. Hank Galetka, Utah State Prison Warden : Cross-Appellee Galetka's Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

CROSS-APPEAL FROM AN ORDER REQUIRING THE DIVISION OF FINANCE TO PAY FOR APPELLATE COSTS, ENTERED BY THE HONORABLE PAT B. BRIAN, THIRD DISTRICT COURT, WEST VALLEY DEPARTMENT, SALT LAKE COUNTY, UTAH

State Of Utah V. Richard Warren Pearson : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Case No. 20041096-CA UTAH COURT OF APPEALS BRIEF UTAH DOCUMENT KFU 50 BRIEF OF APPELLEE APPEAL FROM A POST-JUDGMENT ORDER FOLLOWING CONVICTION ON PLEAS OF GUILTY TO THREE COUNTS OF MISUSE OF PUBLIC MONEY, IN VIOLATION OF UTAH CODE ANN § 76-8-402 (WEST 2004), ONE COUNT OF THEFT, IN VIOLATION OF UTAH CODE ANN. § 76-6-404 (WEST 2004), AND ONE COUNT OF COMMUNICATIONS FRAUD, IN VIOLATION OF UTAH CODE ANN. § 76-10-1801 (WEST 2004), ALL SECOND DEGREE FELONIES, IN THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE J. DENNIS FREDERICK, PRESIDING

Mediating International Business Disputes, Daniel Q. Posin

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Fourth Annual A.A. Sommer, Jr., Lecture On Corporate, Securities & Financial Law, William J. Mcdonough, William Michael Treanor, John Fx Peloso, Jill E. Fisch

Fordham Journal of Corporate & Financial Law

No abstract provided.

Be Not Afraid Of Change: Time To Eliminate The Corporate Practice Of Medicine Doctrine, Nicole Huberfeld

Law Faculty Scholarly Articles

This article focuses on three key reasons that the corporate practice of medicine doctrine should be laid to rest. First, the motives for creating the corporate practice of medicine doctrine are long gone; it has been some time since physicians have been able to operate as a guild of autonomous providers of health care. The delivery and financing of health care places physicians in an integrated system that is only frustrated by the corporate practice of medicine doctrine. Second, it is disingenuous to pretend that physicians are not influenced by financial gain. This is handily evidenced by the federal and …

Dj Investment Group, Llc V. Daewestbrook, Llc, A Delaware Limited Liability Company, Draper City, A Municipal Corporation; John Does 1 To 15 : Opening Brief On Certiorari, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Interlocutory Appeal from the Judgment of the Fourth District Court, Utah County, The Honorable Judge Lynn W. Davis

Dj Investment Group V. Dae/Westbrook, Draper City: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Judgment of the Utah Court of Appeals

Nexmed, Inc. V. Clealon Mann, The Somerset Group, Ltd., Somerset Group, Inc., Genie Total Products, Inc. : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE JUDGMENT ENTERED BY JUDGE FRANK NOEL IN THE THIRD DISTRICT COURT FOR THE STATE OF UTAH

Nealy W. Adams V. Utah : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

On Appeal from an Order of the Second District Court, Weber Department, Honorable W. Brent West presiding

Gordon Case & Company V. Arnold West, Mary Helen West : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Fourth District Court, Utah County Orem Department, Hon. John C. Backlund

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Breaking The Market's Dependence On Independence: An Alternative To The "Independent" Outside Auditor, Peter Km Chan

Fordham Journal of Corporate & Financial Law

No abstract provided.

Juvenile Injustice In Wyoming, John M. Burman

Wyoming Law Review

No abstract provided.

Gao Predatory Lending Report To The Special Committee On Aging, U.S. Senateon Aging, United States: Government Accountability Office (Gao)

Documents

No abstract provided.

Sarbanes-Oxley: A Primer For Public Companies, And Their Officers And Directors, And Audit Firms, Robert C. Brighton

Nova Law Review

No abstract provided.

Learning Business Law By Doing It: Real Transactions In Law School Clinics, Eric J. Gouvin

Faculty Scholarship

This Article discusses the business clinic movement and how legal educators view them as being an excellent vehicle for inculcating the values and practices that business lawyers hold dear. Business clinics may help students better appreciate the challenges of business lawyering, which they sometimes misunderstand as merely a forms practice. The Author believes that by putting students in the middle of real transactions, they gain a deeper understanding of the subtleties of making a transaction come together.

Predatory Paternity Establishment: A Critical Analysis Of The Acknowledgment Of Paternity Process In Texas., Anne Greenwood

St. Mary's Law Journal

Child support programs across the nation are struggling to achieve even meager recovery of the financial support children need from their parents. Obtaining child support payments from men who are not fathers and who unknowingly signed their rights away is not a sound long-term policy. States must ensure that children are supported and their custodial mothers receive assistance from non-custodial fathers. Logically, the law should only compel a man to support a child he fathered. If a man chooses to assume not only the financial obligation but also the relationship which belongs to the biological father; then such agreement must …