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Cohen's Handbook Of Federal Indian Law, Barbara L. Creel, Gloria Valencia-Weber, Christine Zuni Cruz, Kenneth Bobroff, Kevin Washburn, John Lavelle

Faculty Book Display Case

Cohen's Handbook of Federal Indian Law is an encyclopedic treatise written by experts in the field, and provides general overviews to relevant information as well as in-depth study of specific areas within this complex area of federal law. This is an updated and revised edition of what has been referred to as the ""bible"" of federal Indian law. This publication focuses on the relationship between tribes, the states and the federal government within the context of civil and criminal jurisdiction, as well as areas of resource management and government structure.

This compact publication is the only comprehensive treatise explicating one …

Comparative Analysis Of Litigation Systems: An Auction‐Theoretic Approach, Michael R. Baye, Dan Kovenock, Casper G. De Vries

Economics Faculty Articles and Research

A simple auction-theoretic framework is used to examine symmetric litigation environments where the legal ownership of a disputed asset is unknown to the court. The court observes only the quality of the case presented by each party, and awards the asset to the party presenting the best case. Rational litigants influence the quality of their cases by hiring skilful attorneys. This framework permits us to compare the equilibrium legal expenditures that arise under a continuum of legal systems. The British rule, Continental rule, American rule, and some recently proposed legal reforms are special cases of our model.

In Memoriam: Norval Morris (1923-2004), Albert W. Alschuler, Franklin E. Zimring, James R. Coldren Jr., James B. Jacobs, Kathleen Hawk Sawyer

Articles

No abstract provided.

Cgrs Annual Report 2005, Uc Hastings Center For Gender & Refugee Studies

Center for Gender & Refugee Studies

No abstract provided.

Large Law Firms And Their Role In The Educational Continuum Of Lawyers, Paula A. Patton

Fordham Urban Law Journal

This Article examines the ways in which large law firms have served as educators. Furthermore, the Author considers how law firm efforts as educators might be enhanced. The paper looks at the necessity for law firms to continue to educate their associates and the motivation for associate training. The author proposes that law firms must embrace comprehensive strategies that impart performance standards, benchmarks, and core competencies through experiential training.

Therapeutic Jurisprudence In An Interprofessional Practice At The University Of St. Thomas Interprofessional Center For Counseling And Legal Services, Jennifer L. Wright

St. Thomas Law Review

The Interprofessional Center for Counseling and Legal Services (the "Center" or "Interprofessional Center") is a joint effort by the School of Law, the School of Social Work and the Graduate School of Professional Psychology at the University of St. Thomas' in Minneapolis, Minnesota. In the Center, law, social work and psychology students gain practice skills by working with clients under the supervision of experienced supervisors. The Center provides pro bono professional services to low-income, working poor and other underserved populations who would otherwise have no access to such assistance. The same can be said of many clinical programs. In addition, …

Taking Hold Of The Elephant In Child Dependency And Neglect Cases, Christina A. Zawisza

St. Thomas Law Review

In order to place this article in context, I will first describe Tennessee's practice rule for attorneys representing children as Guardians ad Litem. It is an example of the "Elephant," the many component parts of a child's life that the child's lawyer is required to bring together to represent the child holistically. In Part II, I will describe and apply three developing jurisprudential movements that embrace the techniques I utilize: interdisciplinary practice, creative problem-solving and Therapeutic Jurisprudence. In Part III, I will provide an overview of ecomaps and genograms as they are commonly used in the social sciences. In Part …

Therapeutic Jurisprudence And The Rehabilitative Role Of The Criminal Defense Lawyer, David B. Wexler

St. Thomas Law Review

In the present article, I will identify the potential rehabilitative role of the attorney from the beginning stages-possible diversion, for example through sentencing and even beyond-through conditional or unconditional release, and possible efforts to expunge the criminal record. This article has two principal purposes; first, to call for the explicit recognition of a TJ criminal lawyer, and to provide, in a very sketchy manner, an overview of that role; second, to propose an agenda of research and teaching to foster the development of the rehabilitative role of the criminal lawyer. While much of the proposed research would discuss the rehabilitative …

Validation Through Other Means: How Immigration Clinics Can Give Immigrants A Voice When Bureaucracy Has Left Them Speechless, Evelyn H. Cruz

St. Thomas Law Review

To better frame this discussion, I will first describe the immigration process and its anti-therapeutic effects on immigrants in some detail. I will then proceed to discuss the use of community presentations and contextual representation practices to preserve a client's voice and validation in the immigration process. Throughout this article, and more specifically in my conclusion, I will examine how students who understand the need to address "psycho-legal soft spots" naturally gravitate to client-centered representation, thereby becoming empathetic and competent practitioners.

Documentary Editing, Volume 27, Number 4, Winter 2005.

Documentary Editing: Journal of the Association for Documentary Editing (1979–2011)

No abstract provided.

Law And The Theory Of Lack, Laura Nader

UC Law SF International Law Review

Legal comparativists' view of law as bounded precluded a theory of the diffusion of Western Law. The spread of Western legal influences, whether under colonialism or as part of law and development, or part of the current globalization challenge and the new imperialism, is now debated.

A theory of lack suggests the need for Western legal professionals to use lack as a means to promote modernity, rationality, and more recently democracy - the "civilizing process." The Chinese lack law, the Moslems lack rational law, South American countries lack sophisticated academic legal institutions, developing countries lack the minimal institutional; systems necessary …

Who Gets The Better Deal?: A Comparison Of The U.S. And English Infancy Doctrines, Simon Goodfellow

UC Law SF International Law Review

In both the United States and England, rights and liabilities under contract law are different for minors than for adults. The author compares and contrasts the current infancy doctrines of England and the United States and evaluates which country favors which party over the other and the repercussions of this choice. The author concludes that a majority of American states strongly favor the interests of the minor. Although a minority of American states, and England, strike more of a balance between the interests of the minor and adult merchants acting in good faith, the increased activity and sophistication of minors …

Legal Education After Law School: Lessons From Scotland And Englan, Clark D. Cunningham

Fordham Urban Law Journal

This Article addresses the issue of the needed collaboration between law schools and law firms about legal education after law school. The author proposes pilot projects be launched to increase collaboration between legal academics and law firms in the provision of legal education after law school. The Article suggests that the programs emulate the close partnerships that exist between the legal academy and legal profession in England and Scotland. The Article acknowledges why the training of lawyers is different now than in the past. The author compares the American law firm training programs with the post school education that takes …

Should We Mandate Doing Well By Doing Good?, Lawrence J. Fox

Fordham Urban Law Journal

This Article looks at Pro Bono work at the top large law firms. The Author examines the pro bono commitment of America's most financially successful firms. The Article describes the contradiction between how the firms present themselves on pro bono work and what they actually accomplish. The Author believes the solution to this situation is mandatory pro bono. The Article proposes that the rules of professional conduct should require pro bono work.

Professional Challenges In Large Firm Practice, Bruce A. Green

Fordham Urban Law Journal

This foreword introduces the idea of Professional Challenges in Large Law Firm practice. The author discusses the culture of large law firm life. This Foreword focused on two goals. First, the author offered an overview of the Stein Center Conference that inspired this issue under the same title as the foreword. Second, the author introduces the writings in this issue that came out of the conference. Overall, it offers an introduction of the nature of large law firm practice.

Intimidation And The Culture Of Avoidance: Gender Issues And Mentoring In Law Firm Practice, Elizabeth K. Mcmanus

Fordham Urban Law Journal

This Essay looks at gender issues in law firm practice. The author tries to dispel the notion that just women are gaining equal access to the legal profession at the ground level does not mean that they are achieving similar entrée to the upper echelons of law firm practice. The author considers the factors that challenge women's progress at law firms. The article also looks at the mentoring issue with law firm work and how that affects this the same issue.

Profits And Professionalism, Deborah Rhode

Fordham Urban Law Journal

This Article looks at the financial effect of ethics work. The author examines to what effect and under what circumstances “ethics pays,” and what can be done to increase the rate of return. The article studies this issue in three different contexts. First, it looks at workplace cultures and professional values. The author tries to find how the legal professional can create more organizational structures in which adhering to principles serves prudential interests. The second context is pro bono work. Here, the author looks at the pro bono benefits to, the lawyer, and legal employer, as well as the costs …

Concerning The Regulation Of Medication Administration By Certified Nurse Aides, And Making An Appropriation In Connection Therewith., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Corporate Governance Changes In The Two Largest Economies: What's Happening In The U.S. And Japan?, Makoto Toda, William Mccarty

Syracuse Journal of International Law and Commerce

Lawmakers in the world's two largest economies, the United States and Japan, have enacted legislation to require firms to at least consider altering their governance structure. In the United States, the 2002 Sarbanes-Oxley Act (SOX) and Securities and Exchange Commission (SEC) rules have led to revised governance structures at the 30 Dow Jones (DJ) companies. The governance changes affect the composition, size and functions of the board of directors and its relations with the chief executive officer (CEO). A 2003 change in the Japanese Commercial Code provided firms with three governance options, including a "Company with Committees" system similar to …

Alumni Journal

Syracuse University Magazine

No abstract provided.

Access To Justice For A New Century: The Way Forward, Julia H. Bass, W. A. Bogart, Frederick H. Zemans

Books

This book is a timely addition to the literature on access to justice. The book's essays address all aspects of the topic, including differing views on the meaning of access to justice; ways to improve access to legal services; litigation and its role in achieving social justice; and the roles of lawyers, citizens, and legal insitutions.

Access to Justice for a New Century is based on papers given at an international symposium presented by the Law Society of Upper Canada, sponsored by the Law Foundation of Ontario.

Antitrust At The Global Level, Diane P. Wood

Articles

No abstract provided.

The Promotion Of Free-Trade Areas Viewed In Terms Of Most-Favored-Nation Treatment And "Imperial Preference", Sydney M. Cone Iii

Michigan Journal of International Law

This Article will first examine the relevant WTO provisions that permit free-trade agreements as exceptions to MFN treatment. It will then situate current U.S. policy in the context of the history and purpose of those provisions. Next, the discussion of history and purpose will take up a key debate in the original GATT negotiations, in which the United States championed MFN treatment, while European countries, in particular, Great Britain, sought to retain preferential trading arrangements-arrangements once associated with the rubric of "imperial preference." Against this background, the article will explore the question of whether current U.S. policy represents a reversion …

Competition Law And Professional Practice, Daniel Vazquez Albert

ILSA Journal of International & Comparative Law

Professional practice has traditionally distinguished itself for being subject to strong regulation, characterized by containing severe restrictions on competition between professionals.

Ngo Update, Lauren Bartlett

Human Rights Brief

No abstract provided.

Viewbook 2005, New York Law School

Admissions Viewbooks

No abstract provided.

Va Improved Pension Benefits And Medicaid Budgeting, Anthony H. Szczygiel

Other Scholarship

No abstract provided.

Targeting Legal Advice, Peter J. Henning

American University Law Review

No abstract provided.

In Defense Of Rules And Roles: The Need To Curb Extreme Forms Of Per Se Assistance And Accommodation In Litigation, Drew A. Swank

American University Law Review

No abstract provided.

Accidental Clients, Susan R. Martyn

Hofstra Law Review

Most of the time, lawyers represent clients. But lawyers can be consulted and paid, but not serve as lawyers for clients, for example when they are sought out as friends, escrow agents, corporate officers or expert witnesses. The law governing lawyers recognizes the significance of the client-lawyer relationship by imposing fiduciary duties on lawyers who undertake a client representation. These duties, the "4 C's," include communication, competence, confidentiality, and conflict of interest resolution. A wide variety of legal remedies for breach of the 4 C's, including malpractice, fee forfeiture, disqualification, constructive trust, and professional discipline also belong primarily to clients. …