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2005

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The Legacy Of "Deep Throat": The Disclosure Process Of The Whistleblower Protection Act Amendments Of 1994 And The No Fear Act Of 2002, Sarah Wood Borak Jul 2005

The Legacy Of "Deep Throat": The Disclosure Process Of The Whistleblower Protection Act Amendments Of 1994 And The No Fear Act Of 2002, Sarah Wood Borak

University of Miami Law Review

No abstract provided.


The Gay Bar: The Effect Of The One-Year Filing Deadline On Lesbian, Gay, Bisexual, Transgender, And Hiv-Positive Foreign Nationals Seeking Asylum Or Withholding Of Removal, Victoria Neilson, Aaron Morris Jul 2005

The Gay Bar: The Effect Of The One-Year Filing Deadline On Lesbian, Gay, Bisexual, Transgender, And Hiv-Positive Foreign Nationals Seeking Asylum Or Withholding Of Removal, Victoria Neilson, Aaron Morris

City University of New York Law Review

No abstract provided.


Why Further Development Of Adr In Latin America Makes Sense: The Venezuelan Model, Jose Alberto Ramirez Leon Jul 2005

Why Further Development Of Adr In Latin America Makes Sense: The Venezuelan Model, Jose Alberto Ramirez Leon

Journal of Dispute Resolution

This paper argues that Venezuelan society would benefit from further development of ADR. Part II will provide an overview of the main problems affecting the Venezuelan judiciary, part III will provide a background of ADR in the country, part IV will identify the main challenges the field has to overcome, part V will propose a different approach, and part VI will present the conclusion.


Representing Children: A New National Standard, Donald N. Duquette Jul 2005

Representing Children: A New National Standard, Donald N. Duquette

Law Quadrangle (formerly Law Quad Notes)

The following essay is adapted from Child Welfare Law and Practice: Representing Children, Parents, and State Agencies in Abise, Neglect, and Dependency Cases, published this summer by Bradford Publishing Company (1743 Wazee Street, Denver, Colorado 80202; www.bradfordpublishing.com). It appears her with permissin of Bradford Publishing Company and the National Association of Counsel for Children (NACC).

This book is intended to serve as a resource for agency, parent, and children's attorneys who are preparing for the NACC [National Associaiton of Counsel for Children] child welfare law certification exam. Bit it is more than an exam study guide. The NACC believes that …


Transnational Legal Practice Developments [In 2003-05], Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Carole Silver, Clifford J. Hendel, Jonathan Goldsmith, Masahiro Shimojo Jul 2005

Transnational Legal Practice Developments [In 2003-05], Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Carole Silver, Clifford J. Hendel, Jonathan Goldsmith, Masahiro Shimojo

Faculty Scholarly Works

This article addresses the many significant transnational legal practice developments that took place in 2003 and 2004, which were particularly significant years. After a short introduction, Section II describes international developments, and Section III describes domestic regulatory developments affecting lawyers engaged in multijurisdictional practice.

The developments in Section II include those related to the WTO’s General Agreement on Trade in Services [GATS] negotiations. This section summarizes the 2003-04 status of the legal services request-offer process, including the United States’ “offer” and its proposed changes to the legal services portion of its Schedule of Specific Commitments. The article described a “Summit” …


The University Of Texas At Arlington Undergraduate Catalog 2005-2007, The University Of Texas At Arlington Jul 2005

The University Of Texas At Arlington Undergraduate Catalog 2005-2007, The University Of Texas At Arlington

UTA Undergraduate Catalogs

No abstract provided.


The Invisible Pillar Of Gideon, Adam M. Gershowitz Jul 2005

The Invisible Pillar Of Gideon, Adam M. Gershowitz

Indiana Law Journal

In 1996, the State of South Carolina charged Larry McVay with common-law robbery. McVay, who was employed part-time and took home less than $160 per week after taxes, claimed that after paying his basic living expenses he had no money left with which to hire an attorney. A South Carolina court disagreed and denied McVay's requestfor appointed counsel. ' Seven years later, Scott Peterson was arrested for the murder of his wife and unborn child in California. Although Peterson owned a home, drove an expensive SUV, and was carrying $10,000 in cash when he was captured, he claimed to be …


The Functional Representation Of The Individual's Interests Before The Ec Courts: The Evolution Of The Remedies System And The Pluralistic Deficit In The Ec, Luigi Mmalferrari Jul 2005

The Functional Representation Of The Individual's Interests Before The Ec Courts: The Evolution Of The Remedies System And The Pluralistic Deficit In The Ec, Luigi Mmalferrari

Indiana Journal of Global Legal Studies

Back to Government?: The Pluralistic Deficit in the Decisionmaking Processes and Before the Courts, Symposium. University of Trento, Italy, June 11-12, 2004.


Testing The Principles Of The Memphis Manifesto In Successful Businesses, Shannon Belgarde Jul 2005

Testing The Principles Of The Memphis Manifesto In Successful Businesses, Shannon Belgarde

Theses and Dissertations

No abstract provided.


Who Is Encroaching Whom? The Balance Between Our Naval Security Needs And The Environment: The 2004 Rrpi Provisions As A Response To Encroachment Concerns, Natalie Barefoot-Watambwa Jul 2005

Who Is Encroaching Whom? The Balance Between Our Naval Security Needs And The Environment: The 2004 Rrpi Provisions As A Response To Encroachment Concerns, Natalie Barefoot-Watambwa

University of Miami Law Review

No abstract provided.


Front Matter Jul 2005

Front Matter

Penn State Environmental Law Review (1991 - 2011)

No abstract provided.


English Maritime Law Update: 2004, Jane Andrewartha, Zelda Stone Jul 2005

English Maritime Law Update: 2004, Jane Andrewartha, Zelda Stone

Journal of Maritime Law and Commerce

No abstract provided.


Domestic Violence And The Danger Of Joint Custody Presumptions, Judith G. Greenberg Jul 2005

Domestic Violence And The Danger Of Joint Custody Presumptions, Judith G. Greenberg

Northern Illinois University Law Review

This article points out that the current trend towards joint custody as the preference or presumption in divorces can create some unwanted side-effects. Specifically, joint custody is dangerous for victims of spousal abuse because it allows, and sometimes even facilitates, the continuation of patterns of abuse. Although many jurisdictions that apply a joint custody presumption attempt to protect victims of domestic violence, neither of the two usual approaches is successful in protecting the victims and their children. As a result, the author makes two recommendations. First, statutes should never create a presumption in favor of joint custody. Second, courts should …


Introducing New York City Law Review's Public-Interest Practice Section Jul 2005

Introducing New York City Law Review's Public-Interest Practice Section

City University of New York Law Review

No abstract provided.


An Advocate's Toolkit: Using Criminal "Theft Of Service" Laws To Enforce Workers' Right To Be Paid, Rita J. Verga Jul 2005

An Advocate's Toolkit: Using Criminal "Theft Of Service" Laws To Enforce Workers' Right To Be Paid, Rita J. Verga

City University of New York Law Review

No abstract provided.


Ranking Law Schools: A Market Test?, Cass R. Sunstein Jul 2005

Ranking Law Schools: A Market Test?, Cass R. Sunstein

Coase-Sandor Institute for Law & Economics Research Paper Series

Instead of ranking law schools through statistical aggregations of expert judgments, or by combining a list of heterogeneous factors, it would be possible to rely on a market test, simply by examining student choices. This tournament-type approach would have the large advantage of relying on the widely dispersed information that students actually have; it would also reduce reliance on factors that can be manipulated (and whose manipulation does no good other than to increase rankings). On the other hand, a market test has several problems as a measure of law school quality, partly because cognitive biases and social influences may …


The "Proof" Of Foreign Normative Facts Which Influence Domestic Rules, Frederic Bachand Jul 2005

The "Proof" Of Foreign Normative Facts Which Influence Domestic Rules, Frederic Bachand

Osgoode Hall Law Journal

This article concerns the ascertainment by judges of normative facts that emanate from within foreign legal orders and must be taken into consideration in the interpretation of domestic rules. The author proposes an analytical approach which is based on three ideas. First, judges must remain in control of the process aimed at ascertaining such facts. Because the interpretation of domestic rules is at stake, they cannot remain passive and rule solely on the basis of the information adduced by the parties, as they normally do while ascertaining the contents of foreign rules under a classic conflict of laws scenario. Second, …


Introduction – 21st Century Law, Technology And Ethics: The Lawyer’S Role As A Public Citizen Serving The Public Good, Irma S. Russell Jul 2005

Introduction – 21st Century Law, Technology And Ethics: The Lawyer’S Role As A Public Citizen Serving The Public Good, Irma S. Russell

Faculty Works

The lawyer's role as a "public citizen" also involves a duty to "seek improvement of the law." Changing technology has changed the way lawyers practice law. As public citizens lawyers have an affirmative commitment to the social goal of a just society. Ethical issues arise in the use of technology in society, and lawyers play a central role in social ordering. The idea that advocates in an adversary system have special responsibilities is not new.


Poverty And Communitarianism: Toward A Community Based Welfare System, Michele E. Gilman Jul 2005

Poverty And Communitarianism: Toward A Community Based Welfare System, Michele E. Gilman

All Faculty Scholarship

This Article analyzes how communitarian political theory addresses poverty and impacts American social welfare programs. For several decades, communitarian and liberal philosophers have debated how best to achieve justice through their competing notions of personhood. Whereas liberal theorists stress the values of individual autonomy and state neutrality, communitarians assert that people are socially constituted and that liberalism therefore pays too little attention to the value of community. Yet despite their attempts to articulate a superior form of justice, communitarian theorists either ignore or misunderstand issues related to poverty, as this Article explains. Nevertheless, their insights are helpful in thinking about …


Vacatur Of Labor Arbitration Awards: Watering Down The Supreme Court's Drawn From The Essence Precedent May Sound The Death Knell For Labor Arbitration , Jonathan R. Waldron Jul 2005

Vacatur Of Labor Arbitration Awards: Watering Down The Supreme Court's Drawn From The Essence Precedent May Sound The Death Knell For Labor Arbitration , Jonathan R. Waldron

Journal of Dispute Resolution

In CITGO Asphalt Ref. Co. v. Paper, Allied-Indus., Chem., & Energy Workers Int'l Union Local No. 2-991, the Court of Appeals for the Third Circuit, while merely giving lip service to Supreme Court precedent, further contributes to the situation where many circuit courts insidiously refuse to follow the Supreme Court's prohibition against reaching the merits of a labor arbitrator's award. It would appear that only through renewed Supreme Court vigilance and clarity can this trend be impeded.


Crowe V. Tull Jun 2005

Crowe V. Tull

Colorado Supreme Court Records and Briefs Collection

No abstract provided.


Deafdigest: Gold Edition, June 26, 2005, Barry Strassler Jun 2005

Deafdigest: Gold Edition, June 26, 2005, Barry Strassler

DeafDigest Gold 2005

No abstract provided.


Viggiano V. New Jersey Jun 2005

Viggiano V. New Jersey

2005 Decisions

USDC for the District of New Jersey


Central Florida Future, Vol. 37 No. 69, June 22, 2005 Jun 2005

Central Florida Future, Vol. 37 No. 69, June 22, 2005

Central Florida Future

Senator resigns to return to activism roots: Sticking to campaign promises tops list of Matt DeVlieger's reasons for parting with SGA; Future missionary heeds God's call to change the world: After graduation student plans four-month trip to Peru to aid impoverished; Teaming up for a home advantage: Men's basketball makes magic off the court building home with Habitat for Humanity; Incoming students get sneak peek at life after high school: Orientation causes freshmen to reflect on past plan future.


06/20/2005 - Eiu Trustees Approve Hikes In Tuition Student Fees.Pdf, University Marketing And Communications Jun 2005

06/20/2005 - Eiu Trustees Approve Hikes In Tuition Student Fees.Pdf, University Marketing And Communications

2005

No abstract provided.


Circular 230 Redux: Questions Of Validity And Compliance Strategies, Jonathan G. Blattmachr, Mitchell M. Gans, Diana S.C. Zeydel, Tracy L. Bentley Jun 2005

Circular 230 Redux: Questions Of Validity And Compliance Strategies, Jonathan G. Blattmachr, Mitchell M. Gans, Diana S.C. Zeydel, Tracy L. Bentley

Hofstra Law Faculty Scholarship

In this article, the authors revisit their prior article on Circular 230 (see Tax Notes, Apr. 4, 2005, p. 61), focusing in particular on the amendments Treasury adopted on May 18. They consider the meaning of an important, new safe harbor under which transactions that are consistent with the code and its purpose are subject to less rigorous standards. They go on to discuss strategies for making certain that the advice practitioners provide after June 20 will be in compliance with the circular. They also provide a decision tree that will enable practitioners to classify their written advice and thereby …


Omnibus Proposal Of Professional Ethics Division Interpretations And Rulings, June 17, 2005; Exposure Draft (American Institute Of Certified Public Accountants), 2005, June 17, American Institute Of Certified Public Accountants. Professional Ethics Executive Committee Jun 2005

Omnibus Proposal Of Professional Ethics Division Interpretations And Rulings, June 17, 2005; Exposure Draft (American Institute Of Certified Public Accountants), 2005, June 17, American Institute Of Certified Public Accountants. Professional Ethics Executive Committee

Exposure Drafts, Comment Letters, and Statements of Position

PROPOSED ETHICS RULING NO. 113 UNDER RULE 102: Acceptance or Offering of Gifts or Entertainment . PROPOSED ETHICS RULING NO. 114 UNDER RULE 101: Acceptance or Offering of Gifts and Entertainment to or From an Attest Client . PROPOSED DELETION OF ETHICS RULING NO. 1 UNDER RULE 101: Acceptance of a Gift. PROPOSED REVISION TO INTERPRETATION 501-1 UNDER RULE 501: Requests for Records or Other Documents by Clients Retention of Client Records. PROPOSED REVISION OF ETHICS RULING NO. 189 UNDER RULE 501: Requests for Client Records and Supporting Documents Other Information.


2005-06-16, Morehead State University. Board Of Regents. Jun 2005

2005-06-16, Morehead State University. Board Of Regents.

Morehead State Board of Regents Agenda Books and Meeting Minutes

No abstract provided.


Who's Your Daddy?, Melissa Ware, Brian Flanagan Jun 2005

Who's Your Daddy?, Melissa Ware, Brian Flanagan

Features

No abstract provided.


The Murray Ledger And Times, June 14, 2005, The Murray Ledger And Times Jun 2005

The Murray Ledger And Times, June 14, 2005, The Murray Ledger And Times

The Murray Ledger & Times

No abstract provided.