Digital Commons Network^™

The Virtues And Vices Of Sovereignty, Sarah Krakoff

Publications

American Indian tribal sovereignty is viewed very differently in the United States Supreme Court than it is in American Indian tribal nations. The United States Supreme Court, the progenitor of the legal doctrine of tribal sovereignty, appears skeptical of the doctrine's continuing viability. The Court is therefore veering away from any strong notion of retained inherent tribal sovereignty. American Indian tribes, the sources and perpetuators of de facto tribal sovereignty, are more committed than ever to enacting their sovereignty on the ground, as well as promoting and protecting its legal status in the courts and in Congress. There is an …

First Amendment Values At Serious Risk: The Government Speech Doctrine After Johanns V. Livestock Marketing Ass'n, Mia Guizzetti Hayes

Catholic University Law Review

No abstract provided.

Aging Trends And Challenges In Nevada, Jennifer Reid Keene, Kathryn Mcclain

Social Health of Nevada Reports

Societal aging is one of the most important social trends of the 21 st century. It affects our political, social, and economic institutions and also the nature of our interpersonal and family relationships (Quadagno 2005). In the coming decades, both as individuals and as a society, we will have to make important decisions regarding the consequences of our aging population. Policy makers, families, businesses, local, state, and federal governments, health care providers will all be faced with the challenges of meeting the needs of the growing older population in the U.S. and in Nevada.

Immigration And Ethnic Diversity In Nevada, Thomas C. Wright

Social Health of Nevada Reports

In a few decades, non-Hispanic whites will constitute a bare majority in the United States. If current demographic trends continue,

• By 2050, the Hispanic population will more than double, the Asian population will double, and the African-American population will grow at a faster pace than non-Hispanic whites.

These developments promise to bring profound changes in the country’s ethnic and racial landscape. Many of these demographic trends are on display in the Silver State.

Disability Rights And Resources In Nevada, Janet S. Belcove-Shalin

Social Health of Nevada Reports

Attitudes toward people with disabilities have changed dramatically over the course of the last hundred years. In the 19th century, individuals with serious physical or mental issues were singled out for pity and urged to accept their afflictions as the will of God. The government offered no assistance to these persons, relying instead on alms giving from religious institutions and philanthropic organizations.

Roots Of Jack Spring V. Little, The Real Estate Law Symposium - Housing Rights, Richard H. Chused

Articles & Chapters

No abstract provided.

Solomon's Choice: The Case For Granting Derivative Asylum To Parents, Alida Yvonne Lasker

Brooklyn Journal of International Law

No abstract provided.

Securing A Civil Right To Counsel: The Importance Of Collaborating, Andrew Scherer

Articles & Chapters

No abstract provided.

The Allocation Problem In Multiple-Claimant Representations, Paul H. Edelman, Richard A. Nagareda, Charles Silver

Vanderbilt Law School Faculty Publications

Multiple-claimant representations-classa ctions and other group lawsuits-pose two principal-agent problems: Shirking (failure to maximize the aggregate recovery) and misallocation (distribution of the aggregate recovery other than according to the relative value of claims). Clients have dealt with these problems separately, using contingent percentage fees to motivate lawyers to maximize the aggregate recovery and monitoring devices (disclosure requirements, client control rights, and third-party review) to encourage appropriate allocations. The scholarly literature has proceeded on the premise that monitoring devices are needed to police misallocations, because the fee calculus cannot do the entire job. This paper shows that this premise is mistaken …

The Right To Counsel In Criminal Cases, A National Crisis, Mary Sue Backus, Paul Marcus

Faculty Publications

No abstract provided.

Principle And Imagination In Judging: A Conversation With Mr. Justice James Macpherson, Peter Dostal, Jessica Gin-Jade Chan

Dalhousie Journal of Legal Studies

In the fall of 2005, Mr. Justice James MacPherson of the Ontario Court of Appeal began his visiting term at the Dalhousie University Faculty of Law. During his visit, Justice MacPherson spoke with two students about several issues that have engaged him during his career as a lawyer, academic and judge. The conversation raised a number of questions about Canada’s changing legal landscape, and how the judiciary has attempted to balance the role of legal principle and judicial imagination in law-making. How, for example, has the public’s sceptical perception of our evolving justice system subjected judges to a higher degree …

The Story Of Upjohn Co. V. United States: One Man's Journey To Extend Lawyer-Client Confidentiality, And The Social Forces That Affected It, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The attorney-client privilege protects information a client provides an attorney in confidence for the purpose of securing legal advice. But suppose the client is not a person but a corporation and can only speak through its agents and employees. What then are the contours of the privilege? If the corporation's attorney asks an employee for information relating to pending litigation or other legal matters, is the conversation privileged? Some courts said that no communications to a corporate attorney were privileged unless they came from members of the corporate control group, loosely those people who had authority to direct the attorney's …

Defending The Unpopular Down-Under, Abbe Smith

Georgetown Law Faculty Publications and Other Works

The ethics of criminal defence lawyers and others who represent 'unpopular clients' is a largely unexplored area of legal scholarship in Australia. This article seeks to examine, from a comparative perspective, the motivations and ethical practices of these lawyers. Using interviews with Australian lawyers who represent the criminally accused, prisoners and asylum-seekers, as well as relevant ethical rules and commentary, the article identifies why lawyers undertake unpopular cases and, ultimately, what sustains them. Contrasting Australian legal practice with that in the US, the article discusses the sometimes competing professional obligations to court and client, truth and advocacy, public and profession. …

The Salmon People, Judge Boldt, And The Rule Of Law, Charles F. Wilkinson

Publications

No abstract provided.

The Expansion Of Intellectual Property Rights By International Agreement: A Case Study Comparing Chile And Australia's Bilateral Fta Negotiations With The U.S., Ralph Fischer

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

A 16 Bar Cut: The History Of American Musical Theatrean Original Script And Monograph Document, Patrick Moran

Electronic Theses and Dissertations

A final thesis for my Master of Fine Arts degree should encompass every aspect of the past few years spent in the class room. Therefore, as a perfect capstone to my degree, I have decided to conceive, write, and perform a new musical with my classmate Rockford Sansom entitled The History of Musical Theatre: A 16 Bar Cut. The History of Musical Theatre: A 16 Bar Cut will be a two-man musical that will capsulate all of musical theatre history in a single evening. Starting with the Greeks and finishing in the present, the show will comedically inform the audience, …

A 16 Bar Cut: The History Of American Musical Theatrean Original Script And Monograph Document, Rockford Sansom

Electronic Theses and Dissertations

Believing that a thesis should encompass all aspects of a conservatory training program, I will write and perform--in collaboration with my classmate Patrick John Moran--a new musical entitled A 16 Bar Cut: The History of American Musical Theatre as the capstone project for my Master of Fine Arts in Musical Theatre. A 16 Bar Cut will be a two-man show that tells the entire history of American musical theatre from the ancient Greeks to today in a tongue-in-cheek manner. The goal of the project is to pay homage to an original American art form in a night of zany silliness …

A Lesbian Centered Critique Of “Genetic Parenthood”, Julie Shapiro

Faculty Articles

Recent years have seen a proliferation of alternative reproductive technologies and the ready availability of reliable DNA testing. These developments have lead to enormous uncertainty concerning the meaning of a genetic tie between adult and child. On the one hand, reproductive technology has lead to a robust market where genetic material is readily bought and sold. This suggests it is not the root of parental status. On the other hand, DNA testing has allowed men to contest paternity of children, asserting that they are not genetically related to them. And their challenges have often been successful. Genetic linkage is particularly …

Somerset’S Case And Its Antecedents In Imperial Perspective, George Van Cleve

Faculty Articles

The article offers a look on the Somerset's Case that served as a milestone in the campaign to abolish slavery in Great Britain. The case become famous in the Anglo-American law of slavery, with its proceedings widely circulated in periodicals. However, historians have argued about what the ruling was and its effects. It has been known in English slavery law that courts prior to the case generally agreed that English law governed status, but also limited slavery, for slaves who came to England.

A Comparative Study On The Trade Barriers Regulation And Foreign Trade Barriers Investigation Rules, Junrong Song

LLM Theses and Essays

The Trade Barriers Regulation and Foreign Trade Barriers Investigation Rules are enacted in the European Union and China respectively. Both of them establish a procedure for the private sector to petition the government to challenge foreign trade barriers. Through the comparative study on the two pieces of law, this paper intends to dig out the similarities and differences between them and develop some suggestions for the improvement of them.

Bulletin 2006-2007, Seattle University School Of Law

Viewbooks

No abstract provided.

The Texas Two-Step: Evidence On The Link Between Damage Caps And Access To The Civil Justice System, Stephen Daniels, Joanne Martin

DePaul Law Review

No abstract provided.

Justice In The Balance: An Evaluation Of One Clinic's Ability To Harmonize Teaching Practical Skills, Ethics And Professionalism With A Social Justice Mission, Lauren Carasik

Faculty Scholarship

A number of developments have firmly established the role of clinics in legal education, allowing law school clinicians greater latitude in designing programs consistent with law school curricular values and priorities. Consequently, current law school clinical offerings are comprised of richly varied structures and goals. A myriad of goals fall under the general rubric of clinical legal education. Among the most widely cited goals are providing practical skills training in a real world context, instilling a public interest ethos in students, advancing social justice, encouraging the critique of the law and legal institutions, inculcating high standards of ethics and professionalism …

Circular 230 Opinion Standards, Legal Ethics And First Amendment Limitations On The Regulation Of Professional Speech By Lawyers, David T. Moldenhauer

Seattle University Law Review

Part II of this Article discusses the background, scope, and requirements of the Circular 230 rules. Part III discusses the ethical rules applicable to tax opinions, compares these rules to the Circular 230 opinion standards, and concludes that the Circular 230 standards impose substantially greater requirements on practitioners than, and in certain respects conflict with, the ethical rules. Part IV discusses First Amendment case law and commentary regarding professional speech, and proposes that professional speech regulations be analyzed by a model that defines permissible regulation of professional speech by reference to the role of the profession in society and accepted …

The Family Law Education Reform Project: Final Report, J. Herbie Difonzo, Mary E. O’Connell

Hofstra Law Faculty Scholarship

The Family Law Education Reform Project (the FLER Project) was launched by a group of professionals who share a common concern. In their regular (for some, daily) interactions in the family court, they routinely observe lawyers who are woefully unprepared to make positive contributions on behalf of their clients. While some novice attorneys struggle valiantly and learn quickly, the quality of their initial preparation is, to use a term that surfaced often in FLER Project discussions, dismal. The question this group asked is “can we help the law schools to do this better?”

Steven P. Frankino: A Tribute, James P. White

Villanova Law Review (1956 - )

No abstract provided.

Forces Driving And Shaping Legal Training Reform In Japan, Daniel H. Foote

Articles

After canvassing the history of, and rationale for, legal training reform, the article examines the recommendations of the Justice System Reform Council. It then examines some of the forces that led to the reforms; some of those forces that helped shape the reforms; and the major aspects of the reforms themselves. The second half of the article undertakes an initial assessment of the first year of operation of the new system, focusing on the University of Tokyo, and based upon the author's first-hand experience.

Legal Doubletalk And The Concern With Positional Conflicts: A "Foolish Consistency"?, Helen A. Anderson

Articles

This article argues that a legal positional conflict is not a true conflict of interest, and should not be the subject of an ethical prohibition. Because of the incentives it creates, a rule against positional conflicts gives greater control to wealthy clients over the availability of legal services without significantly protecting the rights of the poor or middle income clients. Business conflicts already exert significant pressure on lawyers; too much concern with potential positional conflicts only increases that pressure.

This article also argues that eliminating an ethical prohibition against potential conflicts could mitigate much of the credibility concerns raised by …

How Strong Collaboration Between Legal And Social Service Professionals Will Improve Outcomes For Trafficking Survivors And The Anti-Trafficking Movement, Heather C. Moore

Intercultural Human Rights Law Review

This article will discuss and demonstrate how attorneys can protect and yield better legal outcomes for their clients by collaborating with social service professionals specifically, and by reconsidering their own roles in serving trafficking survivors--not only as legal advocates, but as informal mental health advocates. This article also presents one model of comprehensive service delivery, that of the Coalition to Abolish Slavery ("CAST"), in which legal and social services complement and support each other within one agency to better serve clients.

Immigration And Evil: The Religious Challenge, Michael A. Scaperlanda

Faculty Articles

No abstract provided.