Digital Commons Network^™

Universalism And Choice Of Law, Jay Lawrence Westbrook

Penn State International Law Review (1982 - 2011)

No abstract provided.

Court Of Justice Oversight Over The European Central Bank: Delimiting The Ecb's Constitutional Autonomy And Independence In The Olaf Judgment, Roger J. Goebel

Fordham International Law Journal

An article devoted to the European Court of Justice's (“ECJ” or the “Court”) judicial review of the European Central Bank's (“ECB”) level of constitutional autonomy and independence may seem a bit arcane in a book dedicated to honor Advocate General Francis Jacobs upon his retirement from the Court. The topic is, however, eminently suitable, because it highlights his influence in a case remote from the many fields of law in which his impact has been so marked-- e.g., free movement of goods, competition law, trademarks and other intellectual property rights, free movement of services and establishment rights, human rights protection, …

The European Union's New Role In International Private Litigation, Ronald A. Brand

Loyola University Chicago International Law Review

No abstract provided.

Expanding Attorney Liability To Third Party Adversaries For Negligence, Jody M. Offutt

West Virginia Law Review

No abstract provided.

Alumni Profile, Emily Wann

Human Rights Brief

No abstract provided.

Detention Decisions And Access To Habeas Corpus For Immigrants Facing Deportation, Nancy Morawetz

Faculty Articles

In the wake of the recent Supreme Court decisions on the legal rights of “enemy combatants,” this Article highlights the continuing problems of immigration detainees and their lack of access to adequate judicial process. Based on the author’s extensive research into habeas corpus actions ªled by inmates in the Oakdale Federal Detention Facility, this Article explores the consequences of limiting habeas actions to courts in the territorial site of the prison. Because the Federal District Court for the Western District of Louisiana refuses to issue stays of removal, detainees are deported before their habeas actions can be judged on the …

Expand Your Online Research Abilities, Laura K. Justiss

Law Library Staff & Faculty Works

As a summer clerk or full-time associate at a law firm (or as a solo practitioner), you are likely to encounter research projects for which neither Lexis nor Westlaw is a good option. Perhaps the material isn't available on these databases at all. Or, your firm may have a limited subscription that excludes the information you need. You also may find that some content on Lexis or Westlaw costs more than your firm or client is willing to pay. In these circumstances, it's important to know that the two most prominent databases used by lawyers are not the only ones …

2005 Vol. 14 No. 2, Cleveland-Marshall College Of Law

Law Notes

No abstract provided.

The Spider, The Bee, The Snail And The Camel: Legal Knowledge, Practise, Culture, Institutions And Power In A Changing World, Harry W. Arthurs

Comparative Research in Law & Political Economy

This keynote address, delivered on the occasion of the 5th Canadian Graduate Law Students Conference, held in Toronto on May 6.7, 2005, addresses the challenges for legal theory, legal practice and education in a globalized environment. Legal education is described as deeply embedded in the changing political economy of legal scholarship and legal practice. With increased subjection of law schools to allegedly clearly definable market demands, strong winds blow through the law schools in North-America and elsewhere. From the LL.B./J.D. program through graduate studies, curricular reform becomes enmeshed in larger considerations of greater inter-school competition and greater compatibility to the …

Practicing What We Teach: The Importance Of Emotion And Community Connection In Law Work And Law Teaching, Ann Juergens

Faculty Scholarship

Personal satisfaction and fine lawyering go hand in hand. Legal education and the legal system, however, do damage to that coupling. The author suggests that lawyers and law students can thwart personal dysfunction and professional dissatisfaction if we allow ourselves to express joy and sadness. To avoid being depleted by grief and rage, which cannot nourish satisfying law work over time, the article suggests that we attend to connections with others (all others). Lawyers who connect with their own communities may have more tools for crafting solutions for clients whose problems often implicate community. As teachers, the best way to …

Civil And Human Rights Violations In Northern Ireland: Effects And Shortcomings Of The Good Friday Agreement In Guaranteeing Protections, Lynn Wartchow

Northwestern Journal of Human Rights

No abstract provided.

The Elusive Balance Between Investor Protection And Wealth Creation, Barbara Black, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

The Pace Investor Rights Project (PIRP), launched in the fall of 20033 as an expansion of Pace Law School's ground-breaking Securities Arbitration Clinic, seeks to foster increased scholarly interest on topics related to investor justice in the regulatory, arbitral and judicial arenas. The Project thus produced the Investor Rights Symposium, which took place on the grounds of the Judicial Institute at Pace Law School on March 31 and April 1, 2005, to bring together academics, regulators, practitioners, investors' advocates and students to explore the precarious balance between investor protection and wealth creation. The scholarship that follows in this volume reflects …

A New Approach To Health Care Adr: Training Law Students To Be Problem Solvers In The Health Care Context, Linda H. Morton

Faculty Scholarship

This article focuses on the use of actual public health problems to train law students in interdisciplinary problem solving. The author describes the planning, structure, challenges and rewards in teaching her clinical course, Problem Solving and Prevention in Healthcare, to students initially reluctant to work collaboratively in teams, intimidated by a broader community context, and hesitant to interact strategically with other professionals.

Thwarting Ethical Violations With Web Site Disclaimers, Walter Effross

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Approaches To Regulatory Reform In The United States: A Response To The Remarks Of Professors Levin And Freeman, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Developing A Law/Business Collaboration Through Pace's Securities Arbitration Clinic, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

This article details an interdisciplinary collaboration between the Securities Arbitration Clinic at Pace Law School (“SAC”) and the graduate program at Pace University's Lubin School of Business, designed and initiated by the authors. The purpose of the collaboration is to provide a co-curricular learning experience to both J.D. and graduate business students1 while enhancing the pro bono legal services delivered by SAC to its clients. Part I of this article details the history of SAC before the authors initiated the collaboration, and the reasons SAC needed financial expertise. Part II of this article describes models of interdisciplinary collaboration, particularly between …

A Core Curriculum For The Transnational Legal Education Of Jd And Llb Students: Surveying The Approach Of The International, Comparative And Transnational Law Program At Osgoode Hall Law School, Craig Scott

Articles & Book Chapters

My task is simple enough: to approach the question whether there is a core JD or LLB curriculum for transnational lawyers by briefly narrating Osgoode Hall Law School's experiment with the International Comparative and Transnational (ICT) Law Program that began four years ago.' By way of a preface, I hasten to make two points. The first point to note is that Osgoode's ICT Program is, to date, not mandatory for all our LL.B. students but, rather, an optional specialization; currently, about one-quarter of each year's entering class of around 280 students choose to take enter the program by taking the …

Religious Lawyering Critique, The Aals Presentations, Bruce A. Green

Faculty Scholarship

One might think about the relationship between law practice and religion in different ways, depending on how one views either the professional norms or religious belief and observance. Some of the most recent academic literature on "religious lawyering" is premised on a highly critical view of the profession's norms and a claim that religious convictions that bear on the practice of law are incompatible with, and preferable to, aspects of the professional norms. My purpose here is to identify, and raise some questions about, both this critique and this suggestion, and to show how they are in tension with other …

Global Governance, Antitrust, And The Limits Of International Cooperation, Paul B. Stephan

Cornell International Law Journal

Argues that eliminating international institutions is the best way to solve the problem of inadequate national regulation. Private actions that frustrate competition are highlighted to show that the problem of government failure exists at the international level. The nature of competition policy & its potential for abuse are described to point out the inseparability of competition policy & trade policy, as well as difficulties that result from the less transparent nature of competition law. A review of proposals to develop international regimes to accommodate substantive competition law or allocate regulatory jurisdiction emphasizes why such regimes are likely to be unsatisfactory. …

Front Matter

St. Thomas Law Review

Front Matter includes Masthead and Table of Contents for St. Thomas Law Review Volume 17, Issue 3, Spring 2005.

Heart And Soul: A New Rhythm For Clinical Externships, Leslie Larkin Cooney

St. Thomas Law Review

The message of Therapeutic Jurisprudence is simple - focus on emotional life and psychological well-being and practice law as a healing profession - but the application of Therapeutic Jurisprudence to clinical teaching can have far ranging results. "Lawyers trained to be professionals have not been trained in how to respond to the anxiety, hurt feelings, and other emotions ... ," Law students arriving today in our clinical education settings require extra attention to the development of interpersonal skills for a variety of reasons. This article explores the concepts and development of Therapeutic Jurisprudence and outlines the benefits derived from incorporating …

Practicing (And Teaching) Therapeutic Jurisprudence: Importing Social Work Principles And Techniques Into Clinical Legal Education, Susan L. Brooks

St. Thomas Law Review

Practicing Therapeutic Jurisprudence ("TJ") requires proponents to advance a particular normative framework. As a clinical social worker turned lawyer, who is now also a clinical law teacher, I believe strongly that the field of social work provides a useful framework for legal education and practice. As I will demonstrate through examples from my teaching and my students' practice experiences, the role of the clinical law teacher is uniquely and well suited to apply social work values, principles, concepts, and techniques. By importing these core social work elements into the clinical legal education, faculty can truly teach future lawyers to practice …

Therapeutic Jurisprudence And Preventative Law In The Thomas M. Cooley Sixty Plus, Inc., Elder Law Clinic, Cindy E. Faulkner

St. Thomas Law Review

Gertrude Smith phones the SixtyPlus, Inc., Elderlaw Clinic ("Clinic") to schedule an appointment. She informs the receptionist that she wants to come to the Clinic so she can "get a trust." Ms. Smith is scheduled for an intake appointment to meet with two student legal interns ("interns"). Ms. Smith arrives for her appointment, is introduced to the interns, and agrees to be interviewed. The senior intern (a student in her second term at the Clinic) begins the interview by asking Ms. Smith what brought her to the Clinic. Ms. Smith reiterates that she "wants a trust because it is the …

Making The Case: Therapeutic Jurisprudence And Problem-Solving Practices Positively Impact Clients, Justice Systems And Communities They Serve, Cait Clarke, James Neuhard

St. Thomas Law Review

What is becoming known as Therapeutic Jurisprudence or client-centered representation is new to most line-lawyers or leaders of traditional public defense programs. However, many of these practices have been incorporated into the daily practices within defender offices for decades. Strategies that secure better bonds or sentences lead many public defense programs to seek early entry into the jails and to verify client information. Efforts to learn about "beds" for their clients that were unknown to swamped probation programs have lead offices and individual defenders to actively participate and create alternative treatment programs. Overworked offices hire less expensive sentencing specialists or …

Developing A Law/Business Collaboration Through Pace's Securities Arbitration Clinic, Jill I. Gross, Ronald W. Filante

Fordham Journal of Corporate & Financial Law

No abstract provided.

Briefs, University Of Michigan Law School

Law Quadrangle (formerly Law Quad Notes)

• Law School welcomes new Office of Public Service director
• Judges: Road to the bench getting too political
• Noam Chomsky parses 'illegal', 'legitimate'
• Former Irish President and former UN High Commissioner for Human Rights Mary Robinson's delivery of the William W. Bishop Jr. Lecture in International Law is one of many components of an academic year that is rich in internationally oriented programs.
• U.S. Supreme Court Justice Antonin Scalia's visit to the Law School includes a public lecture, classroom teaching, discussions with faculty, and a question-answer session with Law School students.
• The harrowing tale of a young woman's struggle to escape …

University Of Michigan Law School Faculty, 2005-2006, University Of Michigan Law School

Miscellaneous Law School History & Publications

Biographies of the University of Michigan Law School faculty.

Alleged Conflicts Of Interest Because Of The “Appearance Of Impropriety”, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.

Impact Of Contingency Fee Agreements On "Reasonable" Attorney Fees Awarded Pursuant To Wisconsin Fee-Shifting Statutes, Katherine M. Mongoven

Marquette Law Review

No abstract provided.

Privity, Duty, And Loss: In Swanson V. Ptak, 268 Neb. 265, 682 N.W.2d 225 (2004), The Nebraska Supreme Court Again Endorses Privity In Legal Malpractice Actions, Tracy M. Mason

Nebraska Law Review

This Note argues that the Nebraska Supreme Court missed an opportunity to reconsider the entrenched common law rule in Nebraska requiring privity in legal malpractice actions. Part II briefly explores the role of privity nationally and in Nebraska, while Part III discusses the facts of Swanson v. Ptak. Part IV explores the implied relationship doctrine, concluding that the harshness of the privity requirement for clients who reasonably relied on what they assumed to be an attorney-client relationship outweighs any benefits it may have to the legal profession.