Digital Commons Network^™

Promoting Social And Economic Justice Through Interdisciplinary Work In Transactional Law, Susan R. Jones

GW Law Faculty Publications & Other Works

Drawing upon the author's experience with a law school Small Business Clinic, this article claims that business law transactional practice is inherently interdisciplinary, involving collaboration from various disciplines, including law, business, accounting, finance, engineering, computer science, and the social sciences. The author explores the need for legal assistance for entrepreneurs and other small businesses, especially for women and minority business owners, and discusses the recent rise in small business clinics and community economic development (CED) clinical programs, which the author attributes to a trend away from government entitlements and toward personal responsibility and economic self-sufficiency, the failure of the litigation …

Gambling With Ethics And Constitutional Rights: A Look At Issues Involved With Contingent Fee Arrangements In Criminal Defense Practice, Adam Silberlight

Seattle University Law Review

This Article attempts to shed light on the use of a contingent fee arrangement in criminal defense, and offers differing views pertaining to this topic. First, this Article will generally describe what a contingent fee is. Second, the role and potential application of the contingent fee in both criminal and civil settings will be discussed. Third, problems associated with such an arrangement in criminal defense practice will be addressed, as will certain positive aspects of such an arrangement. Finally, this article will discuss how lawmakers could address this issue to ensure that contingency arrangements cannot be abused.

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

Utah Supreme Court Briefs (2000–2020)

This is the opening brief of appellant in a capital post-conviction case presided over by the Honorable Raymond S. Uno and Pat B. Brian, Judges of the Third District Court, Salt Lake County, State of Utah.

Ralph Leroy Menzies V. Hank Galetka : Reply Brief Of Cross-Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This is the reply brief of Cross-Appellant in a capital post-conviction case presided over by the Honorable Pat B. Brian, Judge of the Third District Court, West Valley Department, Salt Lake County, State of Utah.

The State Of Utah V. Mark Anthony Ott : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

This is an appeal from convictions for aggravated murder, attempted aggravated murder, aggravated arson and aggravated assault, entered in the Second District Court, Davis County, State of Utah, the Honorable Michael G. Allphin, Judge, presiding

State Of Utah V. Mark Anthony Ott : Addenda, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

SUPPLEMENTAL ADDENDUM TO OPENING BRIEF OF APPELLANT

The Elastic Contours Of Attorney-Client Privilege And Waiver In The Context Of Insurance Company Bad Faith: There's A Chill In The Aire, Steven Plitt

Seton Hall Law Review

No abstract provided.

Legal Malpractice In Texas: Examining Selected Cases And Forecasting Future Trrends Third Annual Symposium On Legal Malpractice & Professional Responsibility: Symposium Presentations., Wallace B. Jefferson

St. Mary's Law Journal

Little hard data exists concerning legal malpractice in Texas. What’s more, few legal law malpractice rulings are published. To date, there are only fifty written opinions on legal malpractice from Texas intermediate appellate courts. The activity that most often gave rise to a claim of legal malpractice involved the preparation, filing, and transmittal of documents, accounting for about a quarter of all claims. In San Antonio, Chief Justice Alma Lopez of the Fourth District Court of Appeals discussed common issues she sees in her courtroom. The issues ranged from failures to follow simple court rules to more substantial failures of …

The Process For Becoming A Law School Professor In The United States, Daniel H. Foote

Articles

As the process of legal education reform in Japan, centered on the establishment of a new tier of professional graduate schools in law, moves forward, one issue that has arisen is how law professors will be trained in coming years. In that connection, I am frequently asked what the typical route is for training law school professors in the US. Based in part on an examination of the backgrounds prior to entering law teaching for over 500 law professors at eight US law schools and on personal experiences (including serving for three years on the appointments committee at the University …

Disclosure Of Protected Health Information In South Dakota After Hipaa, Monte Walz, Michele Crissman

South Dakota Law Review

No abstract provided.

Foreword - Special Issue On Amendment E Litigation, Michele Crissman

South Dakota Law Review

No abstract provided.

Deconstructing Teresa O’Brien: A Role Play For Domestic Violence Clinics, Leigh Goodmark, Catherine F. Klein

Scholarly Articles

In this article, we will present and examine the role play that we have used with our students. We will provide the actual text of the role play, with an explanatory narrative about how we integrated the role play into our classroom component. We will outline the reading assignments and pre-class preparation that we require. Finally, we will suggest ways that this role play can be adapted for clinical programs in other jurisdictions or in countries with other legal systems.

The Wright Patent Wars And Early American Aviation, Herbert A. Johnson

Journal of Air Law and Commerce

No abstract provided.

Shape Up Or Ship Out: Accountability To Third Parties For Patent Ambiguities In Testamentary Documents, Angela M. Vallario

All Faculty Scholarship

The attorney's preparation of a testamentary document (hereinafter sometimes referred to as a will or revocable trust) should clearly and accurately reflect the client's last wishes. Although these testamentary documents should reflect the client's intent, they often fall short of accomplishing that goal. There are numerous examples of will and trust construction cases that exhaust tremendous resources in an effort to ascertain the client's wishes or intent. Many of these cases involve the construction of patent and/or latent ambiguities which should have been resolved by appropriate drafting. This article's scope is limited to patent ambiguities caused by the attorney's negligence …

Introduction, Joel K. Goldstein

All Faculty Scholarship

Brown v. Board of Education [1] is the seminal case of the Twentieth Century. Mere mention of the case can start discussion on any number of topics, all important and all that relate to, or were importantly affected by, Brown. Some of those discussions relate to the immediate subject of Brown: Was state-imposed racially segregated public education a violation of the Equal Protection Clause? What is the nature of race relations in America? How close are we to achieving a racially just society? How fair is our system of public education? Others might focus on Brown for its impact on …

Challenges To The Legal Profession In The New Millennium, Thomas R. Andrews

Articles

In this paper I discuss four "ethical" challenges faced by the legal profession as we enter into a new millennium. I know that these are challenges faced by the profession in the United States. And from my brief stay in Japan, I think that they are challenges faced by your legal profession, as well. In the process of discussing these challenges, I will also discuss some recent developments in the United States regarding legal ethics.

Here are the challenges I will discuss:

1. The Challenge of a Unified Legal Profession.
2. The Challenge of a Modern Law Firm.
3. The Challenge Posed by …

Reducing The Employment Tax Burden On Tenure Buyouts, Jon J. Jensen

North Dakota Law Review

No abstract provided.

Proceedings Of The One Hundred Fifth Annual Meeting Of The North Dakota State Bar Association

North Dakota Law Review

No abstract provided.

Parent's Guide, 2004-2008, Illinois State University, Dean Of Students Office, Parent Services

Parent and Family Guide

Campus guide prepared by the Illinois State University Dean of Students Office's Parent Services Department

Beyond Welfare Reform: Can We Build A Local Welfare State?, Frank W. Munger

Articles & Chapters

No abstract provided.

Saunders (A.K.A. Javins) V. First National Realty Corporation 10th Anniversary Symposium Issue: Empowering The Poor And Disenfranchised: Making A Difference Through Community, Advocacy, And Policy, Richard H. Chused

Articles & Chapters

No abstract provided.

Economic Organization In The Construction Industry: A Case Study Of Collaborative Production Under High Uncertainty, William A. Klein, Mitu Gulati

Faculty Scholarship

No abstract provided.

Resilience In Ex-Refugees From Cambodia And Vietnam, Lynne Ee Lin Yong

Open Access Dissertations

The negative impacts of various forms of trauma on the physical and mental health of victims are well documented, including the experiences of the French Indo-Chinese, who suffered a range of traumatic experiences ranging from displacement to torture. However, a sizable percentage of French Indo-Chinese refugees living in the U.S. do not exhibit psychopathology. Very little is known about the Indo-Chinese refugees who are not seeking services and are doing well in their host country. This study focused on resilient Cambodian and Vietnamese ex-refugees, with the goal of identifying resiliency factors and their underlying processes, in order to inform the …

India's "Patriot Act": Pota And The Impact On Civil Liberties In The World's Largest Democracy, Jayanth K. Krishnan

Articles by Maurer Faculty

No abstract provided.

Bread For The Poor: Access To Justice And The Rights Of The Needy In India, Jayanth K. Krishnan, Marc Galanter

Articles by Maurer Faculty

India is rightly acclaimed for achieving a flourishing constitutional order, presided over by an inventive and activist judiciary, aided by a proficient bar, supported by the state and cherished by the public. At the same time, the courts, and tribunals where ordinary Indians might go for remedy and protection, are beset with massive problems of delay, cost, and ineffectiveness. Potential users avoid the courts; in spite of a longstanding reputation for litigiousness, existing evidence suggests that Indians avail themselves of the courts at a low rate, and the rate appears to be falling. Still, the courts remain gridlocked. There is …

The Eighth Circuit Grants Corporate Interests A New Weapon Against State Regulation In South Dakota Farm Bureau V. Hazeltine, Susan E. Stokes, Christy Anderson Brekken

South Dakota Law Review

No abstract provided.

Uncorporated Professionals, John Romley, Eric L. Talley

Faculty Scholarship

Professional service providers who wish to organize as multi-person firms have historically been limited to the partnership form. Such organizational forms trade the benefit of risk diversification off against the costs of diluted incentives and liability exposure in choosing their optimal size. More recently, states have permitted limited-liability entities that combine the simplicity, flexibility and tax advantages of a partnership with the liability shield of a corporation. We develop a game theoretic model of professional-firm organization that integrates the provision of incentives in a multi-person firm with the choice of business form. We then test the model's predictions with a …

A Law And Social Work Clinical Program For The Elderly And Disabled: Past And Future Challenges, Toby Golick, Janet Lessem

Articles

This Article tells the story of our effort to establish an interdisciplinary law and social work program at Cardozo Bet Tzedek Legal Services (“CBT”), a law clinic at Benjamin N. Cardozo School of Law. The program is predicated on the belief that law and social work collaboration will benefit clients as well as students. The Article is primarily descriptive—telling what we did, why we did it, why we were disappointed with it, and how we changed the program. The Article also attempts to continue a constructive critique, on the assumption that even if something is not broken, it can be …

The Post 9-11 War On Terrorism ... What Does It Mean For The Attorney-Client Privilege, Kristen V. Cunningham, Jessica L. Srader

Wyoming Law Review

No abstract provided.

Access Denied: Barriers To Remedies Under The Violence Against Women Act For Limited English Proficient Battered Immigrant Women, Deborah A. Morgan

American University Law Review

No abstract provided.