Digital Commons Network^™

Oral Argument Before The United States District Court For The Western Districtof California In The Matter Of United States V. Baltimore: A Prosecution Under The Dmca, Karl Manheim, Ed Mccaffery, Brad Hunt, Seth David Schoen

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

University Place, Amy Shires, Elizabeth Van Epps, Kathleen Haley, Margaret Costello, David Marc, Erica Blust, Carol Kim, Julie Andrews, Christine Mattheis

Syracuse University Magazine

No abstract provided.

Civil Rights And Wrongs, Richard Abel

Loyola of Los Angeles Law Review

No abstract provided.

Hayek & (And) Cowboys: Customary Law In The American West, Andrew P. Morriss

Faculty Scholarship

The settlement of the American West during the nineteenth century produced a flourishing Hayekian legal because of the extended absence of state-based legal systems from large parts of the West. Without the crowding out of private law that accompanies the state's assertion of a monopoly over some areas of the law and subsidized competition in others, individuals created dispute resolution mechanisms and rules based on custom and contract. These examples of systems built by not-particularly-well-educated cowboys, gold miners, and migrants suggest that Hayekian legal orders can serve as effective, complete substitutes for state-provided law.

This paper surveys Hayek's legal theory, …

The Market For Legal Education & Freedom Of Association: Why The Solomon Amendment Is Constitutional And Law Schools Are Not Expressive Associations, Andrew P. Morriss

Faculty Scholarship

This term the Supreme Court will confront the constitutionality of the Solomon Amendment, which mandates equal access for military recruiters at universities that accept federal funding. The Third Circuit previously held the statute unconstitutional. This Article argues that the Court should reverse and uphold the statute because the lower court failed to consider the cartelized nature of legal education and so assumed that law schools are "expressive associations" entitled to assert First Amendment claims; the court also failed to give proper deference to Congress's exercise of its Article I power to raise and support armies and over-valued law faculties' interest …

Making Identity: Law, Memory, And Race In Comparative Perspective, Jan Hoffman French

Sociology and Anthropology Faculty Publications

In this essay, I would like to focus on identity formation with respect to one of these groups-the Xoco community-especially the relationship between law, identity, and race. I hope to bring to light, if only in a tentative and suggestive way, the broader significance of such an inquiry by narrating the story of the Xoco in dialogue with some discussions of similar issues in the United States. In particular, I will compare the successful struggle for recognition of the Xoco with similar struggles for recognition in the U.S. by the Lumbee and Mashpee Indians, who have not achieved full legal …

The Billable Hours Derby: Empirical Data On The Problems And Pressure Point, Susan Saab Fortney

Fordham Urban Law Journal

This Article addresses the frustration with billable hours in large law firms. The Author gathered empirical data to gauge the short and long-term effects of increases in billable hour expectations. An empirical study was conducted in 1999-2000 of associate satisfaction, law firm culture, and billing practices. The Article compares these findings to a 2005 NALP study on billable hours and a Work-Life split. The Article concludes by considering what forces and players will change the current course of conduct in which law firm leaders treat increases in billable hours expectations as a necessary evil. The studies show the costs and …

The Evils Of “Elasticity”: Reflections On The Rhetoric Of Professionalism And The Part-Time Paradox In Large Firm Practice, Amelia J. Uelmen

Fordham Urban Law Journal

This Essay is an examination of part-time arrangements at large law firms. The author sets out to start a conversation about professional life and identity in a large firm context.. Part I looks at the commercialization of large law firm practice and how that has created a “crisis” in legal practice. Part II compares the “tyranny of the billable hours” with the dedication to “client service.” The author considers part time work with both of these elements. Part III confronts the cultural obstacles to part-time work. Here, the author acknowledges that even the analysis is accepted there are still cultural …

Let's Stick Together (And Break With The Past): The Use Of Economic Analysis In Wto Dispute Litigation, Petros C. Mavroidis

Faculty Scholarship

The treatment of a number of issues that are being routinely discussed in WTO dispute settlement practice could benefit substantially, were economists to be institutionally implicated in the process. As things stand, the participation of economists in dispute settlement proceedings is infrequent and erratic: for all practical purposes, it depends on the discretion of WTO adjudicating bodies. There is indirect evidence that recourse to such expertise has been made, albeit on very few occasions. Institutional reforms are necessary; otherwise, it seems unlikely that the existing picture will change in the near future. A look into ongoing negotiations on the DSU …

Written Under September Skies For A Quiet Hero Of Our Time: A Tribute To The Honorable Walter H. Rice, Shawna Mcsherry

University of Dayton Law Review

Special issue: Intellectual Property and Technology

Low-Income Taxpayers And The Modernized Irs: A View From The Trenches, Nancy Abramowitz, Janet Spragens

Scholarly Articles in Law Reviews & Journals

This article examines the continuing effects on low-income taxpayers of the 1998 Internal Revenue Service reorganization and computer modernization of the agency. Specifically, the article highlights the severe hardships that have been experienced by that segment of the taxpayer population resulting from agency efforts to streamline resolution of postfiling disputes. Those efforts include acceleration of the administrative process, centralization of agency function, elimination of local contracts, and increasing reliance on computer-generated correspondence. The authors believe that the net result for many taxpayers has been the trading of fairness for administrative efficiency and the contraction - and often denial - of …

Community Legal Workers In Ontario: A Paralegal Case Study, Frederick H. Zemans

Articles & Book Chapters

This article examines the history of community legal workers in Ontario, within the context of the community legal clinic movement that began in Toronto, in the early seventies. Tracing the emergence and development of community legal clinics and how their role has changed, the author directly connects the changes in the legislation, as well as the administrative changes in clinic governance, to the shifting ro le of the CLW's within Ontario's community legal clinics. The article identifies the shift in the CLW's role from one largely of community outreach and education addressing systemic problems in access to justice, to one …

Democracy And Social Justice: Founding Centers For Social Justice In Law Schools, Stephanie M. Wildman

Faculty Publications

Protecting democracy by combating inequality is the task of social justice lawyers. The practice of democracy mandates inclusion of the diverse populations of this nation into the social order. Social justice lawyers seek to give material meaning to democratic ideals in the daily lives of individuals and communities that are marginalized, subordinated, and underrepresented. Currently, not enough lawyers serve the disenfranchised and not enough lawyers emerge from disenfranchised communities. Hence, the disenfranchised continue to be denied access to legal resources, to the detriment of democracy.

Legal educators must begin to think about how to institutionalize consciousness about social justice as …

Constitutional Issues Posed In The Bankruptcy Abuse Prevention And Consumer Protection Act Of 2005, Erwin Chemerinsky

Faculty Scholarship

The stated purpose of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") is to "improve bankruptcy law and practice by restoring personal responsibility and integrity in the bankruptcy system and ensure that the system is fair for both debtors and creditors." Its legislative history stretches over almost a decade, but each iteration of it continued the same core features, the most predominant of which is a complex "means test" to determine whether a debtor may file a Chapter 7 case. This Article seeks to identify the constitutional issues most likely raised by BAPCPA. It cannot identify all …

The Economics Of Limited Liability: An Empirical Study Of New York Law Firms, Kimberly D. Krawiec, Scott Baker

Faculty Scholarship

Since the rapid rise in organizational forms for business associations, academics and practitioners have sought to explain the choice of form rationale. Each form contains its own set of default rules that inevitably get factored into this decision, including the extent to which each individual firm owner will be held personally liable for the collective debts and obligations of the firm. The significance of the differences in these default rules continues to be debated. Many commentators have advanced theories, most notably those based on unlimited liability, profit-sharing, and illiquidity, asserting that the partnership form provides efficiency benefits that outweigh any …

Lawyers In Cyberspace: The Impact Of Legal Listservs On The Professional Development And Ethical Decisionmaking Of Lawyers, Leslie Levin

Faculty Articles and Papers

This article explores the impact of trial lawyers= associations on the professional identities of its members, their professional development, their understanding of practice norms, and their ethical decision making. It does so by looking at the New York State Trial Lawyers= Association (ANYSTLA@), and more specifically, the conversations that occur on its listserv. When these conversations are viewed in the context of the history and current operations of NYSTLA, it is possible to see how such listservs powerfully promote shared professional values and views within NYSTLA=s membership. The listserv extends the advice networks of trial lawyers far beyond the small …

Home School Versus Other Applicants To Postsecondary Institutions: Admission Policies And In-Depth Analysis, Rebecca Lynn Ashford

Electronic Theses and Dissertations

In this study, 94 colleges and universities in Florida were surveyed to determine what their admission policies were for home school applicants. Forty-six colleges responded to the survey. The results of the survey were analyzed to determine if there was a pattern of acceptance based on institution type--public, private, or proprietary. Further, the admission policies were analyzed to determine the extent to which they complied with the National Center for Home Education's (NCHE) recommend college admission policies for home school applicants. The researcher found that public colleges were more likely to accept home school students than were private colleges. Also, …

Robert And Sue Quaid, Skylar Quaid, Zachary Cohen V. Us Healthcare Inc., Aetna Us Health Care, Hoffman Products New York Medical Benefits Plan, Loren Cook Company Health Care Benefit Plan : Addendum Of Plaintiffs/Appellants, Vol. I, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

ADDENDUM OF PLAINTIFFS/APPELLANTS, VOL. I (of 2)

APPEAL FROM THIRD DISTRICT COURT ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

Tammy Bluemel V. State Of Utah : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a Memorandum Decision, granting Appellee's Motion to dismiss Appellant's petition for Post-conviction Relief, in the Fourth Judicial District, in and for Utah County, State of Utah, the Honorable James R. Taylor presiding. Appellant is currently incarcerated at the Utah State Prison.

Robert J. Debry And Associates V. Qwest Dex, Inc And Dex Media West, L.L.C. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

CERTIFICATION OF QUESTION OF STATE LAW BY THE UNITED STATES COURT OF APPEALS TENTH CIRCUIT

Steven Blevins And Debra Kay Blevins V. Custom Steel Fabrication : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Third District Court. Judge L. A. Dever

Adverse Possession And Takings Seldom Compensate For Chance Happenings, Martin J. Foncello

Seton Hall Law Review

No abstract provided.

Beauty And The Beast-Hybrid Prosecution Externships In A Non-Urban Setting, Margaret A. (Peggy) Tonon

Faculty Law Review Articles

This article examines and demonstrates how two components -- hybrid and a non-urban setting -- work together to create quality external prosecution clinics. Part I describes the non-urban setting of the University of Montana School of Law and explores the emotional and political characteristics of the non-urban setting. Part II discusses the definition of a hybrid clinic as it is understood at the University of Montana School of Law and as it is described in the published scholarship. Part III examines the history of clinical education at the University of Montana School of Law and describes the evolution of the …

Introduction -- 21st Century Law, Technology, And Ethics: The Lawyer's Role As A Public Citizen, Irma S. Russell

Faculty Law Review Articles

The author addresses how modern developments in technology and the law bring with them the need for reassessment of the vision of the lawyer as a public citizen in this introduction to the University of Memphis Law Review issue on the symposium, 21st Century Law, Technology and Ethics: The Lawyer's Role as a Public Citizen.

Justice And Jesuit Legal Education: A Critique, John M. Breen

Faculty Publications & Other Works

No abstract provided.

Retrospective On Justice And The Poor In The United States In The Twentieth Century, Henry Rose

Faculty Publications & Other Works

No abstract provided.

‘Don’T File!’: Rehabilitating Unauthorized Practice Of Law-Based Policies In The Credit Counseling Industry, Lea Krivinskas Shepard

Faculty Publications & Other Works

No abstract provided.

Unmet Legal Needs In Wyoming: The Necessity To Increase The Capacity For The Public Good, Leigh Anne G. Manlove

Wyoming Law Review

No abstract provided.

Professional Responsibility - Two's Company, Three's A Crowd - The Implications Of Attorney Liability To Non-Client Beneficiaries, Orintha E. Karns

Wyoming Law Review

No abstract provided.

Why Print And Electronic Resources Are Essential To The Academic Law Library, Michelle M. Wu

Georgetown Law Faculty Publications and Other Works

Libraries have supported multiple formats for decades, from paper and microforms to audiovisual tapes and CDs. However, the newest medium, digital transmission, has presented a wider scope of challenges and caused library patrons to question the established and recognized multiformat library. Within the many questions posed, two distinct ones echo repeatedly. The first doubts the need to sustain print in an increasingly digital world, and the second warns of the dangers of relying on a still-developing technology. This article examines both of these positions and concludes that abandoning either format would translate into a failure of service to patrons, both …